Delton Town City Zoning Code
ARTICLE X
Commercial District
§ 255-68 Purpose.
It is the policy of the Town of Delton to promote economic development and a strong local economy. It is recognized, however, that most commercial uses should be located in or near the urban communities where a full range of needed services can be afforded to such uses and where conflicts with agricultural uses are less likely. The Commercial District is created to provide locations for establishments principally engaged in retail sales of merchandise and/or services as well as establishments and areas to serve the recreational needs of the community.
§ 255-69 Permitted uses.
A.
General indoor retail establishments, including, but not limited to, food stores, drugstores, liquor stores, jewelry stores, antique shops, appliance and furniture stores.
B.
Building materials, hardware, and lawn and garden supply stores.
C.
Automobile sales.
D.
Boat dealers.
E.
Professional and business services.
F.
Financial, insurance, legal, and real estate services.
G.
Communications services.
H.
Veterinary services.
I.
Service stations.
J.
Undertaking establishments.
K.
Civic, social, and fraternal organizations.
L.
Eating establishments in which liquor and/or malt beverages are not served or sold, with the exception of drive-through facilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
M.
Golf courses:
(1)
Without country club facilities.
(2)
Without night lighting.
(3)
When located in an area planned for commercial development according to the Development Plan Map.
N.
Ski areas and tobogganing slopes:
(1)
Without night lighting.
(2)
When located in an area planned for commercial development according to the Development Plan Map.
O.
Outdoor ice-skating rinks without night lighting.
P.
Indoor storage of material, equipment or products incidental to a retail establishment.
Q.
Expansion of present facilities, providing the proposed addition meets all standards of this district.
R.
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker located on the same premises as the business or recreational use, not to exceed one single-family dwelling.
S.
Airports, aircraft landing fields, bases, and hangers owned and operated by federal, state, or local government or by any instrumentality, agency, or subdivision thereof.
[Amended 5-8-2006]
§ 255-70 Conditional uses.
[Amended 11-29-2023; 2-27-2024; 2020 by Ord. No. 2020-1; 3-7-2025 by Ord. No. 2025-1; 6-25-2025 by Ord. No. 2025-4]
A.
Fabrication or processing of materials when such activity is incidental and subordinate to retail and service business operations.
B.
Mobile home and camper sales.
C.
Drinking establishments and eating establishments in which liquor and/or malt beverages are served or sold.
D.
Hotels and motels; resorts.
E.
Theaters, indoor and outdoor.
F.
Bowling alleys.
G.
Pool halls.
H.
Skating rinks, indoor or outdoor with night lighting.
I.
Amusement and recreational services.
J.
Gymnasiums and athletic clubs.
K.
Riding stables and academies.
L.
Golf driving ranges; miniature golf courses.
M.
Archery ranges.
N.
Hunting, fishing, and sports clubs.
O.
Sports equipment rentals.
P.
Marinas and boat livery.
Q.
Parks: general recreational, leisure, ornamental, and wildlife.
R.
Picnic grounds; playgrounds.
S.
Sports fields.
T.
Golf courses:
(1)
With country club facilities.
(2)
With lighting for night play.
(3)
When located in areas other than those planned for commercial development according to the Development Plan Map.
U.
Ski areas and tobogganing slopes:
(1)
With night lighting.
(2)
When located in areas other than those planned for commercial development according to the Development Plan Map.
V.
Public and private campgrounds.
W.
Recreation camps.
X.
All permitted uses that occupy in excess of 50,000 square feet of building space.
Y.
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker in excess of the one single-family dwelling permitted in § 255-69R.
Z.
Auto body and maintenance repair shops.
AA.
Mini warehouse rentals and other rental storage buildings, provided that open exterior storage of personal property is not allowed at such facilities, except personal overnight recreational vehicles and pleasure/personal watercraft may be stored outside on the premises as an accessory use subject to the following conditions:
(1)
The storage will occur within a designated area which will be clearly delineated on the site plan, and all building setback requirements will be observed.
(2)
The outside storage area will not exceed 200% of the area of the principal building(s).
(3)
The outside storage area will be screened from the adjoining public right-of-way and neighboring parcels by a fence, masonry wall, vegetation, or the principal building(s). Fences will be not less than six feet high and opaque.
(4)
Watercraft will be shrink-wrapped.
(5)
In this section, "recreation vehicle" means, without limitation, licensed motor homes (Class A, B, C), travel trailers, truck campers, pop-ups and fifth wheels.
BB.
Machine shops.
CC.
Contractor and skilled trade, office storage and equipment areas.
DD.
Religious, institutional, governmental, educational or utility uses that are compatible with the district and do not conflict with or adversely affect adjacent commercial uses, provided that reasonable site specific conditions and standards may be established for, without limitation, access, lighting, buffering, drainage, and exterior activities, facilities and equipment.
EE.
Sales and repairs of agricultural and outdoor power machinery and equipment.
FF.
Truck and bus terminals.
GG.
Bulk fuel storage.
HH.
Building contractor's storage yard.
II.
Distributors.
JJ.
Laboratories.
KK.
Retail sales or customer visitations conducted in conjunction with the above permitted and conditional uses and meeting the standards of this district.
LL.
Residential quarters for the owner, proprietor, commercial tenant, employee or caretaker in excess of the one single-family dwelling permitted in § 255-73M.
MM.
Other wholesale or industrial uses if found to be compatible with uses on adjacent land and not contrary to the intent of this district.
§ 255-71 Standards.
A.
Dimensional rules and standards for all uses in this district:
(1)
Lot area. Lots or parcels shall be sufficient in size and shape to satisfy highway setback, off-street parking, water setback, rear and side yard setbacks, and sanitary requirements.
(2)
Side yard. Nothing shall be built within 10 feet of any side lot line.
(3)
Rear yard. Nothing shall be built within 10 feet of the rear lot line.
(4)
Height. No building shall exceed 50 feet in height.
(5)
No automobile parking lot, stockpile, waste or salvage pile, equipment storage yard, or other accumulation of materials or equipment in the open shall be stored or placed within any setback area.
(6)
Cross-referenced standards:
(a)
Residential uses. Any residence in this district shall meet the dimensional rules and standards set forth in the Residential (R-1) District.
B.
Standards for conditional uses:
(1)
Applicants shall submit plot plans showing principal and accessory structures, parking areas, storage areas, open areas, lighting, fencing, and general design and land use, and plans for management of surface waters. The plot plan must demonstrate that the site has sufficient and usable space for all these identified features and for vehicular circulation.
(2)
Conditional uses must be determined:
(a)
To not cause unusual public service needs.
(b)
To not adversely impact adjacent land uses.
(c)
To not produce traffic which will result in a major slowing of highway traffic, i.e., volume, ingress, egress.
(d)
To not cause air or water pollution, soil erosion or adverse effects on rare or irreplaceable natural areas.
(3)
Recreation camps shall be subject to the following regulations and other such regulations as the Planning Commission may deem appropriate after viewing the site(s) and considering evidence presented at the hearing:
(a)
Screening. There shall be a condition of the granting of a permit for a recreational camp, and a continuing condition for the operation of the same, that the natural vegetation of the area, except noxious weeds, be allowed to grow and develop in all required yards, or that vegetation of equivalent density be planted therein so as to provide a natural screen between a camp and neighboring areas and so that the required yards shall be unused for camp operations.
(b)
Sewage disposal. Where public sanitary sewer service is not available, sanitary sewage and waste disposal facilities shall be provided as required by Ch. ATCP 78, Wis. Adm. Code, and constructed and maintained as required by the County Sanitary Ordinance.
(c)
Water supply. Where public water is not available, the well supplying any camp area shall comply with Ch. ATCP 78, Wis. Adm. Code, except that well pits or pump pits shall not be permitted.
(4)
Ski areas and golf courses located in areas other than those planned for commercial development according to the Development Plan Map. The Planning Commission shall consider whether other locations, less threatening to continued farming of productive agricultural lands, might be available for the proposed use and the strength of the reasons offered by the applicant in support of the site in question. In considering the conditional use the Planning Commission shall also consider the effects upon and possible conflicts with the agricultural uses on surrounding land.
(5)
Campgrounds. Public or private campgrounds shall be subject to the regulations of Ch. ATCP 79, Wis. Adm. Code, as well as state and county regulations governing sewage disposal, water supply and electrical installations; except that:
(a)
Separation between recreational vehicles shall be not less than 25 feet, except where a camp space has been developed to accommodate two to three recreational vehicles.
(b)
The density shall not exceed 25 spaces per acre of suitable camping area.
(c)
Occupancy of a camping unit on a continuous year-round basis or utilization of a camping unit (recreational vehicle) as a permanent abode or legal place of residence shall be prohibited, except in "ownership type" campgrounds.
(6)
Applicants for a CUP: contractor and skilled trades office, storage and equipment area shall meet all applicable Town codes and regulations and the standards of § 255-71A and B and the following:
[Added 2020 by Ord. No. 2020-1]
(a)
All operations shall be completely enclosed within a building or within an area screened by fencing, foliage or landscaping.
(b)
Normal hours of operation 7:00 a.m. to 7:00 p.m.
(c)
Approved signage and on-site lighting plans.
(d)
Outdoor storage area shall not exceed 25% of the total site area.