Land uses listed as permitted as a special use (designated as an "S" in §§ 13-3-203 and 13-3-204) are permitted subject to all of the general zoning requirements applicable to land uses permitted by right (Subsection (2), above), plus certain additional requirements applicable to that particular land use specified in § 13-3-206. (See also § 13-4-904.).

If a proposed land use, listed as a special use, cannot meet one of the special use requirements of § 13-3-206 for reasons directly related to the nature of the subject property, the Petitioner of said land use may request Plan Commission and Common Council review for approval as a conditional use, per the requirements of § 13-4-905. No more than one special use requirement shall be waived in this manner for any given land use or property. See Subsection (4)(b), below.

Land uses listed as permitted as a conditional use (designated as a "C" in §§ 13-3-203 and 13-3-204) are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (2), above, plus any additional requirements applicable to that particular land use as contained in § 13-3-206 (Detailed land use descriptions and regulations), including any additional requirements imposed as part of the conditional use review process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. (See also § 13-4-905.).

Conditional use requirements also apply to proposed special uses when one of the special use requirements cannot be met. [See Subsection (3)(b), above.] No more than one special use requirement shall be waived in this manner.

No more than one nonresidential land use shall be permitted in any building unless a conditional use permit for a group development is granted in compliance with § 13-3-208.

With the exceptions of a commercial apartment or a home occupation, no building containing a nonresidential land use shall contain a residential land use. [See §§ 13-3-206(8)(a) and 13-3-206(8)(s)].

Conventional residential development. Description: This land use includes, but is not limited to, all residential developments which do not provide permanently protected green space areas. Property which is under common ownership of a property owners' association is permitted, but is not a required component of this type of development. Up to 10% of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). [See note (1)(i) below.]

Equestrian residential development. Description: This land use is a form of loose cluster residential development, (see Subsection (1)(b)3, below), which permits the keeping of horses on private lots or on common green space. A minimum of 15% of the development's gross site area (GSA) shall be held under common ownership by a homeowners' association. This commonly-held area shall be used to provide equestrian facilities which are available to all residents of the development. These facilities may include common pasture area, group stables, riding trails, training areas, or other land uses typically associated with equestrian activities (including kennel facilities for private, non-commercial hunt club operations). With the exception of riding trails, (which may be linked to a general trail network extending beyond the area of the equestrian development) such areas shall only be used by the residents of the Equestrian Residential Development and their guests, and no facilities within an equestrian development shall be operated as a for-profit commercial venture. Up to 25% of an equestrian residential development's gross site area (GSA) can contain natural resource areas which must be protected [or other permanently protected green space area (per § 13-3-304)], without a reduction in maximum gross density (MGD). (See note (1)(i) below.)

Loose cluster development. Description: This land use is a residential subdivision which requires that a minimum of 15% of the development's gross site area (GSA) be protected as permanently protected green space (per § 13-3-304). This form of development permits slightly higher maximum gross densities (MGDs), and dwelling unit types which require slightly smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to 25% of a loose cluster development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space area), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)

Moderate cluster development. Description: This land use is a residential subdivision which requires that a minimum of 30% of the development's gross site area (GSA) be protected as permanently protected green space (per § 13-3-304). This form of development permits higher maximum gross densities (MGDs), and dwelling unit types which require smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to 50% of a moderate cluster development's gross site area (GSA) can contain natural resource areas which must be protected, (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)

Compact cluster development. Description: This land use is a residential subdivision which requires that a minimum of 50% of the development's gross site area (GSA) be protected as permanently protected green space (per § 13-3-304). This form of development permits substantially higher maximum gross densities (MGDs), and dwelling unit types which require substantially smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to 70% of a compact cluster development's gross site area (GSA) can contain natural resource areas which must be protected, (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)

Institutional residential development. Description: This land use is a form of moderate cluster residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, and dormitories [see § 13-3-206(3)(f)]. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space. (See note (1)(i) below.)

Mobile home residential development (subdivision). Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold lots containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in § 13-3-403(22) of this Title. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)

Mobile home park residential development (rental/condo park). Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the mobile home units must meet the requirements for mobile homes listed in § 13-3-403(22) of this Title. Under this development option, approximately 10% of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)

Note regarding percentage of green space and maximum density yield. This estimate is provided as a general rule of thumb for the convenience of the users of this Title. Such a yield is not to be considered as ensured by the provisions of this Title.

Cultivation. Description: Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if said plants are consumed by animals which are located off-site.

Husbandry. Description: Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 13-1-034) per acre. Apiaries are prohibited in the City of Delavan.

Intensive agriculture. Description: Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 13-1-034) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

Agricultural service. Description: Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities [except commercial composting uses, see § 13-3-206(5)(f)].

On-site agricultural retail. Description: On-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site.

Selective cutting. Description: Selective cutting land uses include any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 40% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads which are designated on recorded plats or certified survey maps (see § 13-3-510). The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting, (see Subsection (2)(g), below).

Clear cutting. Description: Clear cutting land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 40% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a conditional use within the jurisdiction of this Title. Areas which have been clear cut as a result of intentional action following the effective date of this Title without the granting of a conditional use permit are in violation of this Title and the property owner shall be fined for such violation and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this Title, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements. (See § 13-3-608.)

Passive outdoor public recreational. Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, open grassed areas not associated with any particular active recreational land use (see Subsection (3)(b), below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses. Passive recreation shall also include public art as defined in § 13-1-034.

Active outdoor public recreational. Description: Active outdoor public recreational land uses include all recreational land uses located on public property which involve active recreational activities. Such land uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, and similar land uses.

Indoor institutional. Description: Indoor institutional land uses include all indoor public and not for profit recreational facilities (such as gyms, swimming pools, libraries, museums, and community centers), schools, churches, nonprofit clubs, nonprofit fraternal organizations, convention centers, hospitals, jails, prisons, and similar land uses.

Outdoor institutional. Description: Outdoor institutional land uses include public and private cemeteries, privately held permanently protected green space areas, country clubs, non-public golf courses, and similar land uses.

Public service and utilities. Description: Public service and utilities land uses include all town, county, state and federal facilities (except those otherwise treated in this section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, and similar land uses.

Institutional residential. Description: Institutional residential land uses include group homes, convents, monasteries, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of Wisconsin Statutes 62.23.

Community living arrangement (one to eight residents). Description: Community living arrangement land uses include all facilities provided for in Wisconsin Statutes 46.03(22), including child welfare agencies, group homes for children, and community-based residential facilities. Community living arrangements do not include day-care centers (see separate listing); nursing homes (an institutional residential land use); general hospitals, special hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Wisconsin Statutes 62.23.

Community living arrangement (nine to 15 residents). Description: See (3)(g), above.

Community living arrangement (16+ residents). Description: See Subsection (3)(g), above.

Office. Description: Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services to customers on a walk-in or on-appointment basis.

Personal or professional service. Description: Personal service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such land uses include professional services, insurance services, realty offices, financial services, medical offices and clinics, veterinary clinics, barber and beauty shops, and related land uses.

Indoor sales or service. Description: Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "outdoor display incidental to indoor sales" under "accessory uses" in the Table of Land Uses, [§ 13-3-206(8)(j)]. A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use [See Subsection (4)(d), below]. Artisan craft production such as consumer ceramics, custom woodworking, or other production activities directly associated with retail sales are regulated as "light industrial uses incidental to retail sales" [see § 13-3-206(8)(m)].

Outdoor display. Description: Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. [See Subsection (5), below, also.] [Land uses which conduct or display only a limited amount of product outside of an enclosed building, are listed in § 13-3-206(8)(j) as "outdoor display incidental to indoor sales".]

Indoor maintenance service. Description: Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered an in-vehicle land use. See § 13-3-206(4)(g).

Outdoor maintenance service. Description: Outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.

In-vehicle sales or service. Description: In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, all forms of car washes, and auto repair and maintenance. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use [see § 13-3-206(8)(k)].

Minor indoor commercial entertainment. Description: Minor indoor commercial entertainment land uses include small-scale entertainment services occurring entirely within an enclosed building. Examples of such land uses include small-scale food and beverage preparation and sales.

Major indoor commercial entertainment. Description: Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.) bowling alleys, arcades, roller rinks, and pool halls. This land use category includes uses that encompass more than 25% of the total building area or more than 300 square feet for entertainment activity, or provide more than six customer seats. (Smaller uses may be considered minor indoor commercial entertainment.)

Minor outdoor commercial entertainment. Description: Minor outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building, with entertainment activities encompassing an area no larger than 2,000 square feet. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Outdoor entertainment land uses may include, but are not limited to, outdoor eating and drinking areas, outdoor assembly areas, and outdoor recreation areas such as sand volleyball, lawn games, etc. (Larger uses shall be considered major outdoor commercial entertainment.)

Major outdoor commercial entertainment. Description: Land uses, located on public or private property, that require intensive lighting and generate regional traffic and noise beyond property lines. Major outdoor commercial entertainment uses may include, but are not limited to, amusement parks, water parks, fair grounds, outdoor stadiums, drive-in theaters, outdoor commercial swimming pools, driving ranges, miniature golf facilities, go-cart tracks, racetracks, and tournament-oriented athletic facilities. This land use category includes uses that encompass more than 2,000 square feet. (Smaller uses may be considered minor outdoor commercial entertainment.)

Commercial animal boarding. Description: Commercial animal boarding facility land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration. Animal boarding facilities and activities which, except for parking are completely and continuously contained indoors, are subject to a separate set of regulations (see Subsection (4)(l)5, below.).

Commercial indoor lodging. Description: Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Typical types of commercial indoor lodging land uses include hotels, motels, inns, hostels, tourist cabins, resorts, timeshare resorts, condo-hotels, residence inns, extended-stay hotels, apartment hotels guest ranches and resort homes. Bed-and-breakfast facilities, campgrounds and boarding houses are considered as distinct land uses elsewhere in this Code. Restaurant, arcades, fitness centers, convention facilities, meeting rooms, rentable banquet halls, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate, principle, land use. Commercial indoor lodging land uses are distinguished from residential land uses by limiting occupancy by any individual or family to no more than 180 days in any period of 365 consecutive days. In instances where occupancy extends to more than 180 days in any period of 365 days, the living unit shall be considered a residential dwelling unit.

Bed-and-breakfast establishment. Description: Bed-and-breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers.

Group day-care center (nine or more children). Description: Group day-care centers are land uses in which qualified persons provide child care services for nine or more children. Examples of such land uses include day- care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day-care centers are not considered as accessory uses and therefore require review as a separate land use.

Campground. Description: Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles.

Boardinghouse. Description: Boarding homes include any residential use renting rooms to four or more people which do not contain private bathroom facilities (with the exception of approved bed-and-breakfast facilities).

Sexually-oriented land uses. Description: Sexually-oriented land uses include any facility oriented to the display of sexually-oriented materials such as videos, movies, slides, photos, books, or magazines; or actual persons displaying and/or touching sexually specified areas. For the purpose of this Title, "sexually specified areas" includes any one or more of the following: genitals, anal area, female areola or nipple; and "sexually-oriented material" includes any media which displays sexually specified area(s). NOTE: The incorporation of this subsection into this Title is designed to reflect the Common Council's official finding that sexually-oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other, similar jurisdictions. Specifically, the Common Council is concerned with the potential for such uses to limit: the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent of this subsection to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the City's Comprehensive Master Plan and protect the character and integrity of its commercial and residential neighborhoods.

Vacation rental home. Description: A dwelling unit available for overnight, weekend, or weekly stays by paying guests, which may or may not be owner-occupied for parts of the year. These uses are often referred to as "vacation rentals" or "short-term rentals" and include timeshare units. Where such units are available for lease for periods of time longer than 30 consecutive days, such uses shall not be considered vacation rental homes, but shall instead be considered single-family dwellings, separately described and regulated under this chapter. Also not included within this land use category are: bed-and-breakfast, commercial indoor lodging, and boarding house land uses, which are separately described and regulated under this chapter.

Indoor storage or wholesaling. Description: Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 13-3-206(8)(m), below.

Outdoor storage or wholesaling. Description: Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. [See Subsection (5)(d), below.]

Personal storage facility. Description: Personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "mini-warehouses".

Junkyard or salvage yard. Description: Junkyard or salvage yard facilities are any land or structure used for a salvaging operation including but not limited to: the aboveground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.

Waste disposal facility. Description: Waste disposal facilities are any areas used for the disposal of solid wastes including those defined by Wisconsin Statutes § 144.01(15), but not including composting operations [see Subsection (5)(f), below].

Composting operation. Description: Composting operations are any land uses devoted to the collection, storage, processing and or disposal of vegetation.

Recycling and related activities. Description: Recycling and related activities facilities are any land, building or structure used for recycling and related activities including, but not limited to, materials handling, materials sorting, and materials processing; all of which, except for storage, occur within buildings. Land uses performing similar activities all or partially outdoors; land uses involving organic products or waste other than paper, cardboard and related materials; and/or land uses involving intact vehicles; shall be regulated under other land use type categories.

Off-site parking lot. Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative. See also § 13-3-704 for additional parking regulations.

Airport/heliport. Description: Airports and heliports are transportation facilities providing takeoff, landing, servicing, storage and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this Title shall occur only in conjunction with an approved airport or heliport.

Freight terminal. Description: Freight terminals are defined as land and buildings representing either end of one or more truck carrier line(s) which may have some or all of the following facilities: yards, docks, management offices, storage sheds, buildings and/or outdoor storage areas, freight stations, and truck maintenance and repair facilities, principally serving several or many businesses and always requiring trans-shipment.

Distribution center. Description: Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 13-3-206(8)(m), below.

Light industrial land use. Description: Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; 3) do not pose a significant safety hazard (such as danger of explosion); and 4) comply with all of the performance standards listed for potential nuisances in Subchapter 23 — Light industrial land uses may conduct retail sales activity as an accessory use provided that the requirements of Subsection (8)(m), below, are complied with.