The city is divided into the following zoning districts:

(1)

Single-family residence district.

(2)

Single- and two-family residence district.

(3)

Multiple-family residence district.

(4)

Office/residence district.

(5)

Downtown commercial district.

(6)

Highway commercial district.

(7)

Industrial district.

(8)

Park and recreation district.

(9)

Planned Unit Development (PUD).

(10)

Government use (GU).

(11)

Wireless communications district.

(Code 1972, § 17.25; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The zoning map, published as part of the ordinance from which this chapter is derived, is adopted by reference and will be kept in the office of and kept current by the zoning administrator. The boundaries of the zoning districts will be shown on such map; and such map, together with all notations, references and other information shown, will be as much a part of this chapter as if the map and such matters were described in this chapter.

(Code 1972, § 17.26; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Unless otherwise specifically indicated or dimensioned on the map, the district boundaries will follow lot lines; section ¼ or 1/16 section lines; or the centerlines of streets, highways, railways or alleys.

(b)

If any street or alley is vacated, the land will take the zoning classification of the land to which such property attaches.

(Code 1972, § 17.27; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The single-family residence district is a district which has the lowest density developments of single-family dwellings and accessory buildings clustered in neighborhoods.

(Code 1972, § 17.28(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by right in the single-family residence district are as follows:

(1)

Single-family dwellings and accessory buildings.

(2)

Parks.

(Code 1972, § 17.28(2); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by conditional grant in the single-family residence district are as follows:

(1)

Churches, private clubs, fraternities and lodges except those whose chief activity is a service customarily carried on as a business.

(2)

Home occupations that require signage or designated retail area.

(Code 1972, § 17.28(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

For site requirements in the single-family residence district, see section 106-561.

(Code 1972, § 17.28(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Single family zoned residences cannot be rented out more than once in a seven-day period with the exception of property where the owner is residing on site.

(b)

Shipping containers are not allowed.

(Ord. No. 558, 2-8-2018; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 571, 4-13-2021; Ord. No. 585, 7-11-2023)

The single- and two-family residence district is characterized by medium-density dwelling units clustered in neighborhoods.

(Code 1972, § 17.29(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by right in the single- and two-family residence district are as follows:

(1)

Single-family dwellings and accessory buildings.

(2)

Two-family dwellings and accessory buildings.

(3)

Parks.

(Code 1972, § 17.29(2); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by conditional grant in the single- and multiple-family residence district are as follows:

(1)

Churches, private clubs, fraternities and lodges except those whose chief activity is a service customarily carried on as a business.

(2)

Home occupations that require signage or designated retail area.

(3)

Family day care, including elderly and child care.

(Code 1972, § 17.29(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

For site requirements in the single- and two-family residence district, see section 106-561.

(Code 1972, § 17.29(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Shipping containers are not allowed.

(Ord. No. 571, 4-13-2021)

The multiple-family residence district is characterized by high-density dwelling units.

(Code 1972, § 17.30(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by right in the multiple-family residence district are as follows:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Parks.

(Code 1972, § 17.30(2); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by conditional grant in the multiple-family residence district are as follows:

(1)

Uses permitted by conditional grant in the single-family residence district.

(2)

Boardinghouses and lodging houses.

(3)

Hospitals and clinics.

(4)

Philanthropic and charitable institutions.

(5)

Family day care, including elderly and child care.

(6)

Multiple-family housing in excess of two units.

(Code 1972, § 17.30(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

For site requirements in the multiple-family residence district, see section 106-561.

(Code 1972, § 17.30(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Shipping containers are not allowed.

(Ord. No. 571, 4-13-2021)

The office/residence district is designed primarily to accommodate residences, particularly moderate-density apartments in a compatible setting with office buildings, civic and governmental structures, and educational and institutional structures. Such uses would maintain the basic residential character of the district and of adjoining residential districts with regard to building appearance and yard requirements.

(Code 1972, § 17.31(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by right in the OR district, including any combination of the following:

(1)

Single-family and two-family dwellings.

(2)

Offices, business, professional and public.

(3)

Libraries.

(4)

Art galleries, museums and cultural institutions.

(5)

Clubs and lodges, private, religious or fraternal.

(6)

Medical and dental clinics.

(7)

Educational and institutional uses, public and philanthropic.

(8)

Funeral homes.

(9)

Fire stations.

(10)

Churches.

(11)

Group care and family care facilities, nursery schools.

(12)

Parks, playgrounds and open spaces.

(13)

Nursing homes, rest homes for the elderly and convalescing.

(14)

Rooming houses, boardinghouses or lodging houses.

(15)

Hospitals.

(16)

Community facilities, such as public community centers, public recreation facilities, public and private elementary and secondary schools.

(Code 1972, § 17.31(3); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The following may be allowed by conditional grant in the office/residence district:

(1)

Multiple-family dwellings (three units or greater).

(2)

Mixed use developments not qualifying as being permitted by right.

(Code 1972, § 17.31(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

For site requirements in the OR district, see section 106-561.

(Code 1972, § 17.31(5); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Shipping containers are not allowed.

(Ord. No. 571, 4-13-2021)

The downtown commercial district constitutes the downtown commercial core area of the city. The history of this district is such that it developed containing a wide variety of property uses. Owners and occupants of property in this district should be prepared to accept inconveniences associated with mixing potentially noncompatible property uses. This district is intended to accommodate all retail, service, recreation and specialty shops that are characteristic of the typical downtown commercial area. Limited residential will be allowed.

(Code 1972, § 17.32(1); Ord. No. 352, § 1, 1-12-1999; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by right in the downtown commercial district are as follows:

(1)

Offices, business, professional and public.

(2)

Art galleries.

(3)

Clubs and lodges, private, religious or fraternal.

(4)

Fire stations.

(5)

Antique shops.

(6)

Appliance stores.

(7)

Arcade establishments.

(8)

Banks and financial institutions having no drive-in facilities.

(9)

Barbershop.

(10)

Beauty shop.

(11)

Bookstores or magazine stores.

(12)

Camera and photographic equipment stores.

(13)

Candy, confectionery and ice cream stores.

(14)

Card, curio and gift shops.

(15)

Carpet and rug stores.

(16)

China and glassware stores.

(17)

Clothing and accessory stores.

(18)

Department stores.

(19)

Drugstores and retail medical supplies and services.

(20)

Florists shops.

(21)

Food stores, bakeries, grocery stores, delicatessens.

(22)

Furniture and home furnishings stores.

(23)

Hardware stores.

(24)

Jewelry stores, including repair.

(25)

Leather goods and luggage stores.

(26)

Liquor stores.

(27)

Office supply stores.

(28)

Paint and wallpaper stores.

(29)

Pet shops.

(30)

Printers and printing shops.

(31)

Restaurants, not including drive-in types.

(32)

Secondhand stores and rummage shops.

(33)

Shoe stores.

(34)

Shoe and clothing repair shops.

(35)

Sporting goods stores.

(36)

Stereo and music video stores.

(37)

Taxidermy shops.

(38)

Theaters.

(39)

Tobacco shops.

(40)

Toy stores.

(41)

Upholstery repair.

(42)

Variety stores.

(43)

Taverns, cocktail lounges, distilleries, wineries or brew pubs.

(44)

Funeral homes.

(45)

Existing residential dwellings.

(46)

Tattoo/Piercing Parlor

(47)

Miniature golf.

(48)

Medical and dental clinics.

(49)

Dwelling unit(s) in the same existing structure as a commercial unit except that a dwelling unit will not be allowed with respect to the street frontage of the business on the ground floor.

(50)

Dwelling unit in a building initially constructed to be occupied as a home; it will be rebuttably presumed that a building was initially constructed to be occupied as a home if the building has substantially the exterior appearance of having been constructed as a home except on Wall Street from Bridge Street to Silver Lake Road.

(Code 1972, § 17.32(2); Ord. No. 341, § 1, 3-11-1998; Ord. No. 352, § 2, 1-12-1999; Ord. No. 411, 8-11-2004; Ord. No. 414, 11-10-2004; Ord. No. 419A, 3-9-2005; Ord. No. 472, 10-14-2008; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by conditional grant in the downtown commercial district are as follows:

(1)

Drive-in banks and other financial institutions.

(2)

Drive-in restaurants.

(3)

Hotels.

(4)

Motels.

(5)

Commercial structures designed for more than one occupant, such as strip malls and mini-malls.

(6)

Parking lot.

(7)

Dwelling unit other than as listed above in uses permitted by right; or Mixed-Use Development.

(8)

Community facilities such as public and private community centers, public and private recreation facilities.

(9)

Group care and family care facilities, nursery schools.

(10)

Drive-through pharmacies.

(Code 1972, § 17.32(3); Ord. No. 352, § 3, 1-12-1999; Ord. No. 407, 2-5-2004; Ord. No. 460, § 1, 3-11-2008; Ord. No. 461, § 1, 3-11-2008; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

For site requirements in the downtown commercial district, see section 106-561.

(Code 1972, § 17.32(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Shipping containers are not allowed.

(Ord. No. 571, 4-13-2021)

The highway commercial district is intended to accommodate those motorist-oriented commercial activities which may be incompatible with uses in the downtown commercial district and whose services are community- or region-wide. Limited Residential is allowed.

(Code 1972, § 17.33(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by right in the highway commercial district are as follows:

(1)

Permitted uses by right in the downtown commercial district.

(2)

Entertainment establishments, not including active participation by the public utilizing the facilities.

(3)

Animal hospital or kennel services, providing all kennels are within completely enclosed buildings.

(4)

Automobile rental.

(5)

Automobile repair, but not body shops.

(6)

Automobile and equipment sales, new and used.

(7)

Boat storage, sales and repair.

(8)

Hotels.

(9)

Greenhouses with retail sales on premises.

(10)

Lumberyards.

(11)

Machinery, vehicle and equipment sales and repair.

(12)

Monument and cemetery accessories.

(13)

Motels.

(14)

Recreational vehicle sales.

(15)

Trailer sales and repair.

(16)

Medical and dental clinics.

(17)

Educational and Institutional uses—Privately owned.

(18)

Group care and family care facilities, nursery schools—Privately owned.

(Code 1972, § 17.33(2); Ord. No. 341, § 2, 3-11-1998; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Uses permitted by conditional grant in the highway commercial district are as follows:

(1)

Drive-in establishments:

a.

Restaurants.

b.

Banks and financial institutions.

c.

Car washes.

(2)

Body shops.

(3)

Welding shops.

(4)

Commercial structures designed for more than one occupant, such as strip malls and mini-malls.

(5)

Entertainment establishments involving the active participation of the public utilizing the facilities.

(6)

Gasoline service stations and convenience centers.

(7)

Parking lot.

(8)

Storage buildings not used for habitation—human or animals.

(9)

External waste oil recovery systems.

(10)

One single shipping container, painted a single color all advertising removed, subject to existing accessory structure set-backs.

(Code 1972, § 17.33(3); Ord. No. 352, § 3, 1-12-1999; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 571, 4-13-2021)

For site requirements in the highway commercial district, see section 106-561.

(Code 1972, § 17.33(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The industrial district is characterized by the manufacturing, warehousing, fabricating, packing, packaging, assembly, repairs, terminals, departments, storage and similar uses which do not include residential uses or short-term residential use (i.e. hotel, motel, campground, RV park, etc.) or dwelling unit of any kind. No liquor licenses of any class will be issued by the city to businesses located in the industrial district.

(Ord. No. 485, 7-14-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 572, 7-13-2021)

(a)

Printing, publishing and engraving.

(b)

Airport uses including air freight, cargo, aviation schools, aerial survey companies, aviation research and testing and, airport hangers (using no more than 20 percent of the hanger area for office or manufacturing use) and airport restaurants (see Chapter 14, Aviation), car rental and auto storage.

(c)

Taxi, bus terminals and enclosed related repair facilities.

(d)

Any use permitted by right in a park and recreation district, highway commercial district or downtown commercial district except for residential use or short-term housing (i.e. hotel, campground, etc.).

(e)

Assembly and packaging of goods, materials and products without radioactive components.

(f)

Storage buildings not used for habitation—Human or animals.

(Ord. No. 485, 7-14-2009; Ord. No. 520, 2-11-2014; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 572, 7-13-2021)

(a)

Manufacture from fur, glass, leather, paper, plastics, textiles, metal, chemicals, wood, stone and radioactive components.

(b)

Saw, grist mill, pallet or wood pellet manufacture.

(c)

Septic disposal, garbage, rubbish or recycling handling.

(d)

Research, laboratory and testing facilities.

(e)

Wholesale, warehousing, storage and distribution.

(f)

Electroplating.

(g)

Trucking terminals.

(h)

Fuel storage for airport, taxi, bus, truck and municipal use.

(i)

External waste oil recovery systems.

(j)

One single shipping container, painted a single color all advertising removed, subject to existing accessory structure set-backs.

(k)

Adult Entertainment/Sexually Oriented Business.

(Ord. No. 485, 7-14-2009; Ord. No. 550, 5-16-2017; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 571, 4-13-2021; Ord. No. 572, 7-13-2021)

For site requirements in the industrial district, see section 106-561.

(Ord. No. 485, 7-14-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The park and recreation district is designed to preserve and perpetuate in an open state certain areas, such as rivers and drainageways, wetlands and marshes, parks, floodplains and greenbelts, and natural habitats (prairie) for plants and animal life, which because of their unique physical features are deemed desirable and functional as natural and beneficial to the city.

(Code 1972, § 17.35(1); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Public recreation facilities.

(b)

Sewage lift stations and water pumping.

(c)

Floodplains, greenbelts and waterways.

(d)

Forestry.

(e)

Parks and playgrounds.

(Code 1972, § 17.35(2); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Agriculture uses.

(b)

Campgrounds and facilities.

(c)

Public utility and public service facilities, such as electric substations, gas regulator stations, radio and television towers, telephone exchanges, microwave relay towers, telephone transmission buildings, water reservoirs, fire stations, public safety training facilities, dams and electric generating facilities.

(d)

Outdoor recreational premises, clubs and grounds for golf, hunting, swimming, tennis, boating, horse riding, skiing and other sports. Accessory clubhouses and maintenance buildings will be located not less than 100 feet from any lot in a residence district.

(e)

Warehousing and storage.

(f)

One single shipping container, painted a single color with all advertising removed, subject to existing accessory structure set-backs.

(Code 1972, § 17.35(3); Ord. No. 540, 11-10-2015; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 571, 4-13-2021)

For site requirements in the park and recreation district, see section 106-561.

(Code 1972, § 17.35(4); Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

It is the intent of the City of Eagle River that a planned development be encouraged for those areas of the community now under developed, in need of re-development or adaptive re-use and in those areas which, in time, would be annexed to the city. More specifically, it is the intent to:

(1)

Promote and permit flexibility that will encourage a more creative and imaginative approach in development and result in a more efficient, aesthetic, desirable and economical use of land, while maintaining intensity of use consistent with Eagle Rivers' community development vision.

(2)

Provide minimal effect upon adjacent properties and existing development. To this end, the plan commission may make appropriate requirements.

(3)

Promote development that can be conveniently, efficiently and economically served by existing municipal utilities and services or by their logical extension.

(4)

Promote flexibility in design, placement of buildings and use of open space, pedestrian and vehicular circulation facilities and off-street parking areas in a manner that will best utilize the potential of sites characterized by special features of geography, geology, topography, size and shape.

(5)

Provide, where it is shown to be in the public interest, for the preservations of historical features and such natural features as streams, drainage ways, floodplains, ponds/lakes topography, rock outcroppings, unique areas of vegetation, stands of trees and other similar natural assets.

(6)

Provide for more adequate recreational facilities and other public and common facilities than would otherwise be provided under conventional land development.

(7)

Provide for the enhancement of natural setting[s] through careful and sensitive placement of man-made facilities and plant materials.

(Ord. No. 475, 2-10-2009; Ord. No. 497, 8-10-2010; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

The review and processing of any proposed PUD will be as follows:

(1)

Pre-application conference. Prior to any application for PUD plan approval, contact will be made with the administrator for a pre-application conference. The conference should occur prior to any extensive financial expenditure on the part of the developer. The purpose of the meeting is to inform appropriate staff of the proposed development and to inform the developer about various codes, applicability of the proposed development, timing and procedure, and any other pertinent information appropriate to the proposal. To this end, the developer must outline the proposal in schematic and/or written form for discussion purposes. Areas of consideration include, but are not limited to:

a.

General discussion of project, building types, timing of development;

b.

Proposed land uses and density ranges;

c.

Conformance to Eagle Rivers' long-term goals and vision;

d.

Utility and street arrangements and patterns; and

e.

Proposed open space and recreational facilities and review of natural amenities to be preserved such as hill forms, wetlands, wooded areas and water courses. Subsequent to the meeting the developer will be furnished, as appropriate, any comments regarding the meeting, including recommendations to assist the developer in processing the proposed plan. No oral, written or schematically illustrated statements made during the course of the conference will be held as legally binding.

(2)

Application for PUD plan approval. After the pre-application conference, application for PUD plan approval may be made to the plan commission for review and recommendation. Such recommendations will be forwarded to the common council within 60 days. Upon written request and approval by the common council, an additional 60 days may be granted for a recommendation. The application will include the following written and visual materials:

a.

A site development containing the following:

1.

Legal description of the total site being developed along with the name(s) of the owner(s) and seal of the registered land surveyor making the plat;

2.

A topographical survey of the site at an interval of not more than five feet, unless characteristics of the sited indicate a greater or shorter interval appears appropriate;

3.

Dimensions and bearings of external property boundaries;

4.

The location of all existing structures, easements, utilities, proposed utilities and public dedications, either contained upon or adjacent to the site;

5.

The existing and proposed public and/or private street and sidewalk system;

6.

A landscape and lighting plan delineating the proposed treatment of the site; and

7.

Representative floor plans and exterior elevations of proposed structures and buildings.

(Ord. No. 475, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Even though PUD's purpose is to permit flexibility of design, certain standards must be applied to insure compatibility of the project with the intent of this chapter. These standards are:

(1)

Permitted uses. Normal permitted uses are those of a residential character including single-family (detached or attached), two-family and/or multiple-family dwellings, churches and the usual accessory buildings, such as garages, storage space, maintenance structures and buildings for recreational purposes. Commercial uses, limited to those specifically approved by the common council, are permitted, provided that such uses are primarily for the service and convenience of the residents of the development. Such commercial uses are encouraged to be located within residential buildings. However, if such uses are proposed to be contained with a separate freestanding structure they must be designed to reflect the residential character of the development.

(2)

Harmony with surrounding uses. The uses and designed PUD will be harmonious with the character and surrounding area in terms of density, intensity of use, size and heights of buildings, architecture and other impacts.

(3)

Tract. The minimum size tract for a PUD is one acre.

(4)

Parking. All off-street parking will be determined by the planning commission and common council based on the need of the intended development and to maintain the surrounding neighborhood.

(5)

Open space. The desirability is closely tied to the integration of open space with the total development. The intent statement of this section sets forth the overall objective desired for PUDs. Therefore, no quantitative standards are stated in this section. Quality standards acknowledge the separate and multiple functions of open space: active recreation, passive recreation and preservation of natural site amenities. In designing the PUD, consideration will be given to such functions.

(Ord. No. 475, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

If the common council approves the PUD plan upon planning commission recommendation, then the land may be designated as a PUD district in accordance with the rezoning procedures described in this code. Thereafter, building permits may be issued in accordance with the approved PUD plan.

(Ord. No. 475, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Changes of a minor nature may be approved by the administrator with the concurrence of the mayor. However, any proposed change of major consequence may only be authorized by the common council upon recommendation by the plan commission. Major changes will include:

(1)

Non-conformance to the original approved overall project intent;

(2)

Any increase in density, numbers, types and/or nature of dwelling units;

(3)

Any change in maximum height or change in location of the structures or buildings. If any proposed change is questionable, whether it is of major or minor consequence, such determination will be made by the common council. A PUD plan runs with the land and is binding on any and all interested parties from and after the time a PUD is approved.

(Ord. No. 475, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Editor's note— Ord. No. 475, adopted Feb. 10, 2009, set out provisions intended for use as § 106-544. For purposes of classification, and at the editor's discretion, these provisions have been included as § 106-535.

This district is intended to apply to those lands where federal, state, local governmental and quasi-governmental activities are conducted and where governments or quasi-governmental units hold title to such lands. Any lawful governmental activity is permissible in this district. It is generally intended to use this district for "community facilities" and "public facilities."

(Ord. No. 476, 2-10-2009)

(a)

Parks, parkways, golf courses, playgrounds and the like.

(b)

Preserves, arboretums and the like.

(c)

Museums, libraries, cultural and historic structures.

(d)

Government administrative buildings.

(e)

Public navigation and flood control facilities and installations.

(f)

Public cemeteries.

(g)

Water supply facilities and installations.

(h)

Public parking facilities.

(i)

Public works and maintenance facilities.

(j)

Public protection buildings.

(k)

Public docks and piers.

(l)

Parks and playgrounds.

(m)

Greenbelts and waterways.

(n)

Forestry.

(o)

Public recreation facilities.

(Ord. No. 476, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Solid waste transfer stations.

(b)

Public utility and public service facilities, such as electric substations, gas regulator stations, radio and television towers, telephone exchanges, microwave relay towers, telephone transmission buildings, water reservoirs, dams and electric generating facilities.

(c)

Wastewater treatment facilities.

(d)

Public/private schools, colleges and universities.

(e)

Agriculture uses.

(f)

Campgrounds and facilities.

(g)

One single shipping container, painted a single color all advertising removed, subject to existing accessory structure set-backs.

(Ord. No. 476, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021; Ord. No. 571, 4-13-2021)

Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted and permissible uses and structures (no height limitation for security fencing).

(Ord. No. 476, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

There are no minimum lot area, setback or lot width requirements and no lot coverage or height limitations (FAA compliance required). A site plan will be submitted and the plan commission/common council may apply reasonable requirements concerning lot coverage, height, parking, landscaping and any other relevant requirements.

(b)

When adjacent to residential use or district, more stringent landscaping requirements may apply including campus lighting review.

(c)

All signage (on and off premise) will be reviewed as part of the site plan approval process.

(Ord. No. 476, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

District created. The city council of the City of Eagle River does hereby create a wireless communications district to provide an area from the City of Eagle River for the placement and maintenance of wireless communication facilities and in addition, those municipal uses which if deemed appropriate by the city council of the City of Eagle River may also be placed in this district.

(b)

Uses permitted by conditional grant. Uses permitted by a conditional grant in the wireless communications district will be as follows:

(1)

Wireless communications facilities which are privately or publicly owned.

(2)

Public utility and public service facilities such as electric substations, radio and television towers, telephone exchanges, microwave relay towers, and telephone transmission buildings.

(3)

Sewage lift stations, located above and/or below ground and storage facilities for the various departments of the City of Eagle River and those other municipal uses as deemed appropriate by the city council of the City of Eagle River.

(Ord. No. 387, 2-12-02; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

Cross reference— Zoning districts, § 106-311 et seq.

(a)

Approval required. No owner will, within the City of Eagle River, build, construct, use or place any kind of wind energy system without holding the appropriate conditional use permit for said system. Wind energy systems are allowed in industrial and highway commercial zones only.

(b)

Separate permit required for each system. A separate conditional use permit will be required for each system. Said permit will be applicable solely to the systems, structures, use and property described in the permit.

(c)

Basis of approval. The plan commission and common council will base its determination on general considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the City of Eagle River and, specifically, of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carry out the intent of the Zoning Code.

(d)

Fees. The common council will, by resolution, establish fees for the processing and issuance of wind energy conditional use permits under this article.

(e)

Definitions. "Wind energy systems" will mean "windmills" which are used to produce electrical or mechanical power.

(Ord. No. 474, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021

(a)

Application. The permit application for a wind energy system will be made to the zoning administrator on forms provided by the City of Eagle River. The application will include the following information:

(1)

The name and address of the applicant.

(2)

The address of the property on which the system will be located.

(3)

Applications for the erection of a wind energy conversion system will be accompanied by a plat or survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premise, the plat or survey will show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises will accompany the application. The attachment will further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Energy easements will accompany the application.

(4)

An accurate and complete written description of the use for which [the] conditional grant is being requested, including pertinent statistics and operational characteristics.

(5)

Plans and other drawings showing proposed development of the site and buildings, including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc., if applicable.

(6)

Any other information which the zoning administrator may deem to be necessary to the proper review of the application.

(7)

The zoning administrator will review the application and, if the application is complete and contains all required information, will refer it to the planning commission.

(b)

Hearing. Upon referral of the application, the plan commission will schedule a public hearing thereof as soon as practical and the plan commission will notice said hearing as per section 106-171.

(c)

Determination. Following the public hearing and necessary study and investigation, the plan commission will recommend to the common council. The common council will grant or deny the conditional use permit in a timely manner. The common council may impose any conditions or exemptions necessary to minimize any burden on the persons affected by granting the conditional use permit.

(d)

Termination. When a conditional use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with the surrounding areas, or the use is discontinued, or for similar cause based upon consideration for the public welfare, the special grant may be terminated by the action of the common council following a public hearing thereon. Within 30 days of the common council action the property owner must remove the wind energy system from the property.

(e)

Changes. Subsequent change or addition to the approved plans or use will first be submitted for approval to the common council and if, in the opinion of the council, such change or addition constitutes a substantial alteration, a public hearing before the common council will be required and notice thereof be given.

(f)

Approval does not waive permit requirements. The approval of a permit under this article will not be construed to waive the requirement to obtain electrical, building, plumbing permits prior to installation of any system or any other required permit.

(Ord. No. 474, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)

(a)

Additional standards. Wind energy conversion systems which are used to produce electrical power, will also satisfy the requirements of this section in addition to those found elsewhere in this article.

(b)

Application. Applications for the erection of a wind energy conversion system will be accompanied by a plat of survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premise, the plat of survey will show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises will accompany the applications.

(c)

Construction. Wind energy conversion systems will be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area as a free-standing structure only (no guy wires). For systems anchored to existing structures, a structural engineering analysis is required verifying support strength of the building and wind energy system (helix wind type system).

(d)

Noise. The maximum level of noise permitted to be generated by a wind energy conversion system will be 50 decibels, as measured on a dB(A) scale, measured at the lot line.

(e)

Electromagnetic interference. Wind energy conversion system generators and alternators will be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system will promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.

(f)

Location and height. Wind energy conversion systems that are freestanding structures, they will be located in the rear yard only and will meet all setback and yard requirements for the district in which they are located and, in addition, will be located not closer to a property boundary than a distance equal to their height. Those attached to existing structures, the common council and planning commission will consider aesthetics, function and structural integrity of the system (helix wind type systems). Wind energy conversion systems are exempt from the height requirements of this chapter; however, all such systems will comply with Federal Aviation Administration (FAA) regulations.

(g)

Utility company notification. The appropriate electric power company will be notified, in writing, of any proposed interface with that company's grid prior to installing said interface. Copies of comments by the appropriate utility company will accompany and be part of the application for a conditional use permit.

(Ord. No. 474, 2-10-2009; Ord. No. 567, 1-12-2021; Ord. No. 568, 1-12-2021)