Land uses listed as permitted as a conditional use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection A above, plus any additional requirements applicable to that particular land use as contained in § 450-33, 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.

Conditional use requirements also apply to proposed uses permitted by right with additional special requirements when one of the special use requirements cannot be met. [See Subsection I(2) below.] No more than one special use requirement shall be waived in this manner.

Land uses listed as permitted by right with additional special requirements are permitted subject to all of the general zoning requirements applicable to land uses permitted by right (Subsection A above), plus certain additional special use requirements applicable to that particular land use specified in § 450-33.

If a proposed land use listed as a permitted by right with additional special requirements cannot meet one of the special use requirements of § 450-33 for reasons directly related to the nature of the subject property, the petitioner of said land use may request Plan Commission review for approval as a conditional use, per the requirements of § 450-16. No more than one special use requirement shall be waived in this manner for any given land use or property. See Subsection C(2) above.

No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this section.

No required yard or lot area allocated to satisfy the minimum yard or lot area requirements for one building or structure shall be used to satisfy the minimum yard or lot area requirement for another building or structure.

In instances where the required bufferyard width (per § 450-76) exceeds the minimum required setback width, the minimum required bufferyard width shall prevail. Absolutely no intrusions of a building or structure beyond the required fence or berm are permitted within the required bufferyard.

Permitted intrusions into required yards. The following intrusions by buildings and structures are permitted into the specified required yards.

All front yard and street yard areas. With the exception of fences, no accessory structures shall be permitted within any portion of a front yard or street yard.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Continuance of a nonconforming use. Any nonconforming use lawfully existing upon the effective date of this chapter may be continued at the size and in a manner of operation existing upon such date, except as specified in this section.

Modification of a nonconforming use. Only that portion of the structure, fixture, land, or water in actual use may be so continued and the nonconforming use may not be extended, enlarged, reconstructed, substituted, moved, or changed to another nonconforming use, unless such modification would make the nonconforming use have a more desirable effect in terms of implementing the purpose of this chapter (as determined by the Plan Commission). If such a modification occurs, said use shall not be modified back to the original nonconforming use, or to any other nonconforming use which does not better accomplish the purpose of this chapter.

Discontinuance of a nonconforming use. When any nonconforming use of any structure or land is changed into a conforming use or is discontinued for a period of 12 months, any future use of said structure or land shall be in complete conformity with the provisions of this chapter.

Maintenance of a nonconforming use. Total lifetime structural repairs or alternations to a structure, fixture, or premises containing a nonconforming use shall not exceed 50% of the equalized assessed value of the structure, fixture, or premises at the time its use becomes nonconforming unless it is permanently changed to a conforming use in accordance with the use provisions of this chapter. Ordinary maintenance repairs are not considered structural repairs, modifications, or additions. Some examples of such repairs include painting, calking, decorating, paneling, and other nonstructural components, and the repair or replacement of doors, windows, utilities, and sewage treatment and water supply systems. Figure No. 1 reflects the method by which the Zoning Administrator shall determine when modifications to nonconforming uses and their structures are equal to 50%.

Destruction of a nonconforming use. A legal nonconforming use that is located in a structure or building which has been damaged by fire, flood, wind, explosion, earthquake, war, riot, unlawful act, or act of god may be reestablished if it is reestablished within one year after such calamity, unless the damage to said structure or building equals or exceeds 50% of its equalized assessed value. In such cases, the use shall be limited to uses permitted by the provisions of this chapter, unless the ability to reestablish a nonconforming use is specifically granted by the City Council following a public hearing. It should be noted that the reestablishing of a nonconforming use by the Council is only permitted under these circumstances.

Substitution of new equipment. The Plan Commission may permit the addition of new equipment serving a nonconforming use if such equipment will reduce the incompatibility of the nonconforming use with neighboring uses.

Definition. As used in this section, the following terms shall have the meanings indicated:

A nonconforming structure with a conforming use lawfully existing at the time of the adoption or amendment of this chapter may be continued although the structure's size or location does not conform to the development regulations of this chapter.

Nonconforming structures with a conforming use may be repaired, maintained, renovated, rebuilt, or remodeled, subject to building code and other applicable requirements. No prohibition or limits based on cost may be imposed on the repair, maintenance, renovation, or remodeling of such structures.

Nothing in this chapter shall preclude the Building Inspector from remedial or enforcement actions when said structure or building is declared unsafe.

When any lawful nonconforming structure or building in any district is modified so as to be in conformance with the provisions of this chapter, any future modification of said structure or building shall be in conformance with the provisions of this chapter.

If a lawful nonconforming structure or building housing a conforming use has been damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity, it may be restored or replaced to the size, location, and use that it had immediately before the damage or destruction occurred, subject to building code and other applicable requirements. No limits may be imposed on the costs of the repair, reconstruction, or improvement of said structure. The size of the structure may be larger than the size immediately before the damage or destruction occurred, if necessary, for the structure to comply with applicable state or federal requirements. Any reconstruction shall conform to the development regulations of this chapter, to the extent practicable, and shall commence within 24 months of the date of damage or destruction, unless an extension is granted by the Plan Commission.

Alterations, additions, and enlargements to existing nonconforming structures with a conforming use are permitted and shall conform to the established yard/setback, height, parking, loading, intensity requirements, other development regulations, and access provisions of this chapter. Existing buildings and their additions shall not be permitted to encroach further upon established yard/setback and height requirements than the existing encroachment.

Existing nonconforming structures may be moved and shall conform to the established yard/setback, height, parking, loading, and access provisions of this chapter.

Any structure or building for which a building permit has been lawfully granted prior to the effective date of this chapter, which will become nonconforming under the provisions of this chapter or amendments thereto, may be completed in accordance with the approved plans, provided construction is started within 730 calendar days of the effective date of this chapter, and provided that construction is completed within 730 calendar days of the effective date of this chapter or amendments thereto. Said structure or building shall thereafter be a legal nonconforming structure or building.

Shoreland-wetland nonconforming structures. The repair, reconstruction, renovation, remodeling, restoration, or expansion of a legal nonconforming structure, or any environmental control facility related to such structure located in shoreland-wetlands of five acres or more in size and in existence at the time of adoption or subsequent amendment of this chapter may be permitted in accordance with the provisions of § 62.231(5) and (5m), Wis. Stats.

Floodplain nonconforming uses and structures. Modifications or additions to nonconforming uses and structures in floodplains shall comply with the nonconforming regulations in Chapter 405, Floodplain Zoning, of the City of Edgerton Code.

Upon and after the effective date of this chapter, no lot shall be created which does not meet the minimum lot area (MLA) requirements or which does not meet the lot dimension requirements of Article VIII of this chapter.

A lot of record existing upon the effective date of this chapter which does not meet the minimum lot area (MLA) requirements but complies with all other bulk requirements may be developed in accordance with § 450-32C.

A lot of record existing upon the effective date of this chapter which does not meet the lot width or frontage requirements of Article VIII of this chapter may be developed with a use that is allowed in the zoning district in which it is located, provided the measurements of such area and dimensions are equal to or greater than 70% of the requirements of this chapter. Lots with smaller dimensions for width and frontage than mentioned above shall not be developed unless a conditional use is granted by the Plan Commission. Development of vacant nonconforming lots granted permits under this section shall be required to meet the yard/setback, height, parking, loading, access provisions, and other development regulations, except lot width and frontage requirements unless otherwise specified, of this chapter.

In accordance with § 66.10015(2)(e), Wis. Stats., a property owner of a legal nonconforming (substandard) lot may:

In accordance with § 66.10015(4), Wis. Stats., the City may not require one or more lots to be merged with another lot, for any purpose, without the consent of the owners of the lots that are to be merged.

The conforming use of a conforming structure existing at the time of the adoption or amendment of this chapter may be continued although the lot area and/or width do not conform to the requirements of this chapter.

Additions and enlargements to such structures are permitted, provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this chapter, other than minimum lot dimensional requirements.

Existing structures on nonconforming lots that are damaged or destroyed by violent wind, vandalism, fire, flood, ice, snow, mold, infestation, or other calamity may be reconstructed, provided they conform to the established yard/setback, height, parking, loading, access provisions, and other development regulations of this chapter, other than minimum lot dimensional requirements.

Institutional residential development. Description: this land use is a form of residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, dormitories, community-based residential facilities (CBRF), and adult day care facilities [see § 450-33C(6)]. 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.

Conventional residential development. Description: this land use includes, but is not limited to, all residential developments that 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).

Mobile home subdivision residential development. Description: this land use is a form of 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 § 450-33A(2)(h) of this chapter. 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).

Mobile home park residential development. 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 pads and mobile home units must meet the requirements for mobile homes listed in § 450-33A(2)(h) of this chapter. 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).

Regulation of mobile home park or subdivision legally established before insert date, 2002.

Cultivation. Description: cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees that 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 that are located 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 that are designated on recorded plats or certified survey maps. 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 B(3) 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 chapter. Areas which have been clear-cut as a result of intentional action following the effective date of this chapter without the granting of a conditional use permit are in violation of this chapter, and the property owner shall be fined for such violation (in accordance with the provisions of § 450-25) 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 clear-cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this chapter, 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 § 450-75.)

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 § 450-33G(6)].

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 § 450-10) per acre. Apiaries are considered husbandry land uses. Husbandry activities that are not the principal use of the property are regulated as accessory uses in § 450-33E(26).

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 § 450-10) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feedlots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

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.

Community garden. Description: an area for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands.

Market garden. Description: an area for cultivating and related activities divided into one or more plots to be cultivated by more than one operator or member. These areas may be on public or private lands, with on-site sales of crops grown on site.

Passive outdoor public recreation. Description: passive outdoor public recreational land uses include all recreational land uses located on public property that involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross-country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use [see Subsection C(2) below], picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

Active outdoor public recreation. Description: active outdoor public recreational land uses include all recreational land uses located on public property that 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, nonpublic 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 subsection), 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 but not including combustion power generation facilities and noncombustion power-generating facilities.

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 Wis. Stats., § 62.23.

Community living arrangement (one to eight residents). Description: community living arrangement land uses include all facilities provided for in Wis. Stats., § 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 Wis. Stats., § 62.23.

Community living arrangement (nine to 15 residents). Description: see Subsection C(7), above.

Community living arrangement (16 or more residents). Description: see Subsection C(7), 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 directly 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, barbershops, 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 and retail sales of food and beverages that do not require a Health Department permit or liquor license. 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 § 450-33E(8). A land use that contains both indoor sales and outdoor sales where outdoor sales area exceeds 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use [see Subsection D(4) 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 § 450-33E(10)].

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. Examples of such land uses include vehicle sales, vehicle rental, mobile and manufactured housing sales and monument sales. The area of outdoor sales shall be calculated as the area that would be enclosed by a fence installed and continually maintained in the most efficient manner that 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. [Land uses that conduct or display only a limited amount of product outside of an enclosed building are listed separately in § 450-33E(8) as "outdoor display incidental to indoor sales."]

Indoor maintenance service. Description: indoor maintenance services include all land uses that 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 a vehicle repair and maintenance use. See § 450-33D(16).

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 [except vehicle repair and maintenance uses, see § 450-33D(16)].Such land uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include vehicular fuel stations and all forms of car washes. This land use does not include drive-in, drive-up or drive-through land uses, which are considered a separate land use category [see § 450-33D(18)]. If performed in conjunction with a principal land use (for example an ATM machine), in-vehicle sales and service land uses shall be considered an accessory use [§ 450-33E(9)].

Indoor commercial entertainment. Description: indoor commercial entertainment land uses include all land uses that provide entertainment services entirely within an enclosed building. Such activities often have operating hours that 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.

Commercial animal boarding. Description: commercial animal boarding facility land uses include land uses that 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.

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. Restaurants, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate land use.

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

Day-care center (nine or more children). Description: 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, day-care centers are not considered as accessory uses and therefore require review as a separate land use.

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.

Outdoor commercial entertainment. Description: outdoor commercial entertainment land uses include all land uses that provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Examples of such land uses include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, and racetracks. [Note: outdoor commercial entertainment uses do not include outdoor eating areas or beer gardens. See § 450-33E(25).]

Boardinghouse. Description: boardinghomes include any residential use renting rooms that 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 chapter, "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 section into this chapter is designed to reflect the City 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 City 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 section 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.)

Vehicle repair and maintenance. Description: vehicle repair and maintenance services include all land uses that perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) within an enclosed building. The only vehicular repair and maintenance uses allowed in the B-2 District include auto upholstery and electronics installation.

Group development. Description: a group development is any development containing two or more structures containing principal land uses on the same lot; any single structure on a single lot which contains five or more dwelling units or two or more nonresidential uses; and/or any single structure devoted to institutional, commercial or mixed use land uses containing more than 10,000 gross square feet of floor area, or any single structure devoted to office land uses containing more than 20,000 square feet of floor area. Common examples of group developments include six-unit apartment buildings, apartment complexes, condominium complexes, strip centers, shopping centers, and office centers. (One tenant-commercial building containing less than 10,000 square feet of gross floor area, one tenant office building containing less than 20,000 square feet of gross floor area, industrial buildings, 4-unit apartment buildings, and other land uses in which each nonresidential building contains only one tenant, or where the lot contains only one structure, or where each residential building contains four or fewer dwelling units, are not group developments even though such developments may contain parcels under common ownership.) The following standards shall apply to all new institutional, commercial, and multiuse buildings in excess of 10,000 gross square feet and to all multibuilding developments in which the combined total of all structures on a site, regardless of diverse ownership, use or tenancy, combine to exceed 10,000 gross square feet. These conditions shall also be applied to the addition to the building and area of the site requiring improvements because of the addition in instances where building additions bring the total building size to over 10,000 gross square feet. Such conditions shall apply to the building additions only and the site that is changed because of the addition. This 10,000 gross square foot limit shall apply to individual freestanding buildings and to group developments in which the combined total of all structures on a site, regardless of diverse use or tenancy, combine to more than 10,000 gross square feet. For buildings containing only office land uses, the trigger size shall be 20,000 gross square feet.

Drive-in, drive-up or drive-through land use. Description: drive-in land uses include all uses that have a drive-in or drive-up service as the principal land use where the order is placed at the establishment and during the transaction. See § 450-33E(28). Such land uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. If performed in conjunction with a principal land use (for example, a drive-up window, an ATM machine), drive-in land uses shall be considered an accessory use [see § 450-33E(24)].

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

Artisan studio/production shop. Description: a building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, handwoven articles, and related items, as either a principal use or accessory use. A studio is used by no more than three artists or artisans. An artisan production shop is an artisan studio used by more than three artists or artisans.

Commercial apartment. Description: commercial apartments are dwelling units which are located in conjunction with, and accessory to, a commercial land use (as designated in Subsection D, above), most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.

On-site parking lot. Description: on-site parking lots are any areas located on the same site as the principal land use that are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to § 450-37.

Farm residence. Description: a farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Subsection B above.

Detached private garage, carport, or utility/storage shed. Description: A detached private garage or carport is a structure that primarily accommodates the sheltered parking of a passenger vehicle. A utility/storage shed is an accessory structure that accommodates the storage of residential maintenance equipment and shall not be used to store cars, trucks or related nonrecreational vehicles. A playhouse is an accessory structure that is intended for use as a small recreational structure. A gazebo is an accessory structure intended for use as a temporary shelter. These structures must be located so as to be accessory to a principal land use on the same or adjacent lot. If located on an adjacent lot, the owner must record a deed restriction prohibiting the sale of the two parcels separately. A polystructure is not: a garage; a carport if it is attached to another structure; a utility shed; a playhouse; or a gazebo. Sewer and water service may be installed to serve a detached private garage under the following conditions: there is no shower installed, except for an exterior shower in conjunction with a swimming pool; and the petitioner must file a deed restriction stating that the garage cannot be used as either living quarters or in the operation a business unless local land use permits are obtained and all building, local, and state codes are met. The deed restriction must be filed before a building permit is issued.

Private residential recreational facility. Description: this land use includes all active outdoor recreational facilities located on a private residential lot that are not otherwise listed in § 450-33. Materials and lighting shall limit light levels at said property line are to be equal to or less than 0.5 footcandle (see § 450-40). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. Common examples of these accessory uses include basketball courts, tennis courts, swimming pools, and recreation-type equipment.

Company cafeteria. Description: a company cafeteria is a food service operation that provides food only to company employees and their guests, which meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.

Company provided on-site recreation. Description: a company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests. Facilities using activity night lighting shall be a conditional use.

Outdoor display incidental to indoor sales and service (more than 12 days). Description: see § 450-33D(4).

In-vehicle sales and services incidental to on-site principal land use. Description: see § 450-33D(6) above.

Light industrial activities incidental to indoor sales or service land use. Description: these land uses include any light industrial, indoor storage, or wholesaling activity conducted exclusively indoors which is incidental to a principal land use such as indoor sales or service, on the same site.

Drainage structure. Description: these include all improvements, including but not limited to swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams intended to effect the direction, rate and/or volume of stormwater runoff, snow melt, and/or channelized flows across, within and/or away from a site.

Filling. Description: filling includes any activity in an area over 4,000 square feet or greater than 500 cubic yards of fill involving the modification of the earth's surface above that in its undisturbed state.

Exterior communication devices. Description: exterior communication devices include uses such as satellite dishes, ham radio towers, TV antennas, etc.

Home occupation. Description: home occupations are economic activities performed within any single-family detached residence that comply with the following requirements. Examples include personal and professional services and handicrafts, which comply with all of the following requirements:

On-site composting and wood piles. Description: includes all collection, storage, and processing of vegetation wastes and/or wood piles.

Indoor sales incidental to storage or light industrial land use. Description: these land uses include any retail sales activity conducted exclusively indoors, which is incidental to a principal land use such as warehousing, wholesaling or any light industrial land use on the same site.

Migrant labor camp. Description: these land uses include any facility subject to the regulation of Wis. Stats., § 103.90.

Light industrial activities incidental to office. Description: these land uses include any light industrial, indoor storage, or wholesaling activity conducted exclusively indoors which is incidental to a principal land use such as office uses on the same site.

Light industrial activities incidental to personal and professional service land use. Description: these land uses include any light industrial, indoor storage, or wholesaling activity conducted exclusively indoors which is incidental to a principal land use such as personal and professional service on the same site.

Family day care home (four to eight children). Description: family day care homes are occupied residences in which a qualified person or persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this chapter.

Intermediate day care home (nine to 15 children). Description: intermediate day care homes are occupied residences in which a qualified person or persons provide child care for nine to 15 children.

Private residential stable. Description: a private residential stable is a structure facilitating the keeping of horses (or similar animals) on the same site as a residential dwelling.

Power-generating device incidental to on-site principal land use. Description: power-generating device producing 1 MW or less or emergency generators producing less than 3 MW that meet the exemption standards listed in § NR 406.04(1)(w), Wis. Adm. Code.

Drive-in, drive-up or drive-through land use incidental to on-site principal land use. Description: see § 450-33D(18), above.

Outdoor premises/beer gardens. Description: outdoor premises/beer gardens shall mean an outdoor area on private property for the purpose of conducting outdoor sales and consumption of food and beverages. Outdoor premises/beer gardens are directly attached to the principal use structure and used daily or on a seasonal basis as part of the normal operations of the principal use. Outdoor premises/beer gardens do not include smoking area in which no food or beverage is sold or consumed.

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 § 450-10) per acre where the husbandry activities are not the principal use of the property. Apiaries (beekeeping) are considered husbandry land uses.

Vehicle repair and maintenance incidental to indoor sales and service land use. Description: vehicle repair and maintenance services include all land uses that perform maintenance services (including repair) to motorized vehicles and contain all operations (except vehicle storage) within an enclosed building. This land use is allowed as an accessory land use which is incidental to a principal land use of indoor sales and service.

Pickup window land use. Description: pickup window land use includes all uses that have a service window where an order is placed prior to the patron entering the pickup window queue. Orders for service may not take place at the pickup window. Such land uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads.

Electric vehicle charging stations. Description: electric vehicle charging stations are parking spaces that are equipped with and served by electric vehicle supply equipment for the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.

Outdoor storage incidental to light industrial. Description: Outdoor storage is any activity beyond loading and parking which is located outdoors. Examples of items included as outdoor storage incidental to light industrial include raw materials used in principal light industrial land use and finished products manufactured by the light industrial land use. Such land uses do not include the storage of inoperative vehicles or equipment, off-site parking of vehicles, or other materials typically associated with a junkyard or salvage yard. [See Subsection G(4) below.]

Contractor's project office. Description: includes any structure containing an on-site construction management office for an active construction project.

Contractor's on-site equipment storage facility. Description: includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.

Relocatable building. Description: includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving for more than six months shall be considered conditional uses and subject to the general standards and procedures presented in § 450-16.)

On-site real estate sales office. Description: includes any building that serves as an on-site sales office for a development project.

General temporary outdoor sales. Description: includes the display of any items outside the confines of a building which is not otherwise permitted as a permitted, special, or conditional use, or a special event otherwise regulated by the City of Edgerton City Code. Examples of this land use include but are not limited to tent sales and bratwurst stands. Garage sales are exempt from the provisions of this chapter but shall comply with the requirements of the City of Edgerton City Code.

Seasonal outdoor sales of products. Description: includes any outdoor display of products not otherwise regulated by the City of Edgerton Code. Examples of this land use include but are not limited to seasonal garden shops and the display of farm products.

Outdoor assembly. Description: includes any organized outdoor assembly of more than 100 persons.

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 § 450-33E(16), above.

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 operating on the site. 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 yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, off-site parking of vehicles, or other materials typically associated with a junkyard or salvage yard. [See Subsection G(4) 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 wastepaper, 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 § 289.01(33), Wis. Stats., but not including composting operations [see Subsection G(6) below].

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

Polystructure. Description: a polystructure is a freestanding enclosure not regulated by the building codes[5] intended for storage having a frame of steel or other material that is covered with plastic, polyurethane, vinyl, canvas, other flexible sheeting material, or sheet metal, which may or may not have sides. Polystructures do not include utility sheds or screen houses that are not used for storage.

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.

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 chapter 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 transshipment.

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 § 450-33E(16) above.

Indoor vehicle storage. Description: indoor vehicle storage facilities are detached vehicle storage buildings for nonresidential purposes and shall be considered a principal use building if it is the only structure located on the lot. It shall also be considered a principal use building and regulated as a conditional use if it is larger than and located on the same lot as another principal use structure. If the indoor vehicle storage facility smaller than and located on the same lot as another principal use, it shall be regulated as detached private garage, carport, or utility/storage shed under § 450-33E(4).

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. Light industrial land uses may conduct retail sales activity as an accessory use, provided that the requirements of § 450-33E(16) above, are complied with. All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

Heavy industrial land use. Description: heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: 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; and 3) do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses that may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials. Heavy industrial does not include combustion power generation facilities and noncombustion power-generating facilities.

Communication tower. Description: communication towers include all freestanding broadcasting, receiving, or relay structures, and similar principal land uses, and any office, studio or other land uses directly related to the function of the tower.

Extraction use. Description: extraction uses include and land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities.

Combustion power-generating facility under 100 MW. Description: combustion power-generating facility under 100 MW land uses include any facility, plant, factory, machinery, equipment or device that is capable of generating less than 100 MW of electric power or several such devices in one development that in total are capable of generating less than 100 MW of electrical power by using a combustion process. Examples of combustion processes include the burning of gas, coal, ethanol, wood, nuclear, etc., to produce electricity. NOTE: the adoption of this chapter reflects the formal finding of fact on the part of the City of Edgerton Plan Commission and Edgerton City Council that regulation of combustion power-generating facilities through the Planned Development process furthers governmental interests by requiring a thorough review of this intensive and very complex land use to ensure the use is in harmony with the goals of the City of Edgerton Master Plan. Combustion power-generating facilities capable of generating 100 MW or more are regulated in § 450-33I(6). Power-generating devices producing 1 MW or less or emergency generators producing less than 3 MW that meet the exemption standards listed in § NR 406.04(1)(w), Wis. Adm. Code, are regulated as power-generating device incidental to on-site principal land use [see § 450-33E(23)].

Combustion power generation facility 100 MW or more.

Noncombustion power-generating facilities. Description: Noncombustion power-generating land uses include any facility, plant, factory, machinery or equipment or device that is capable of generating electric power by using noncombustible processes. Examples of noncombustible power-generating process are wind, geothermal, and solar/photovoltaic. Power-generating devices producing 1 MW or less or emergency generators producing less than 3 MW that meet the exemption standards listed § NR 406.04(1)(w), Wis. Adm. Code, are regulated as power-generating device incidental to on-site principal land uses [see § 450-33E(23)].

In all developments, certain areas may be required to be set aside as permanently protected green space. Permanently protected green space areas are protected natural resource areas and land needed to meet the minimum landscape surface ratio (LSR) requirement. Protected natural resources areas are areas included in a Natural Resource Protection Overlay Zoning District. Where such permanently protected green space or protected natural resources areas exist, and where the land use is also permitted per the land use regulations of the applicable conventional zoning district, the following regulations shall also be employed to establish land use regulations. All land uses listed in § 450-33A through I are prohibited in permanently protected green spaces and protected natural resources areas unless they are listed here.

For all land uses, disruption to natural resource areas shall comply with the requirements of Chapter 442, Land Use, of the City Code, pertaining to drainage, grading and erosion control. All land uses located within permanently protected green space areas and protected natural resources areas shall comply with the following: