The Table of Permitted, Conditional, and Accessory Uses lists the uses allowed within zoning districts, according to the following:

The uses are divided into categories. The individual uses are listed in alphabetical order within each category. The categories are as follows:

(a)

Residential uses;

(b)

Public, cultural, recreation, and other institutional uses;

(c)

Business uses;

(d)

Industrial and higher intensity uses;

(e)

Miscellaneous and accessory uses.

A "P" indicates that a use is allowed by right in the respective zoning district. Permitted uses are subject to all other applicable regulations of this chapter.

A "C" indicates that a use is allowed only if reviewed and approved as a conditional use in accordance with the conditional use review procedures of Section 17.14-5. Conditional uses are subject to all other applicable regulations of this chapter.

An "A" indicates that a use is allowed as an accessory use to a permitted or conditional use.

A blank cell indicates that a use is not allowed in the respective zoning district.

The "Use Standards" column contains references to the applicable standards that apply to the listed use type. The Supplemental Use Regulations are presented in alphabetical order in Section 17.5-2.

Interpretation of Use. The Zoning Administrator shall have the right to permit any other use not specifically listed in the said Table of Permitted, Conditional, and Accessory Uses without formal amendment, provided that the proposed use is similar to and compatible with those uses or use categories permitted in the zoning district in question; is consistent with the goals, objectives, and policies of the Comprehensive Plan or any applicable specific plan; and is consistent with the purposes of this chapter. A record shall be kept of each additional use(s) allowed and such record shall be available for public inspection. An appeal to the determination of the Zoning Administrator shall be made to the Board of Appeals, provided that:

(a)

Such determined by the Board of Appeals shall be made at a regularly scheduled public meeting of that body; and

(b)

A record shall be kept of each additional use(s) allowed and such record shall be available for public inspection.

For uses in the C-1 Conservancy District, please refer to Section 17.4-21
For uses in the HPD Historic Preservation Overlay District, please refer to Section 17.4-22

(Ord. No. 23-07, 6-19-2023; Ord. No. 21-11, 7-19-2021; Ord. No. 18-09, § 1, 10-1-2018; Ord. No. 15-12, § 2, 2015; Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Adult use, as defined in Article 17.2, shall not be located within 1,000' of:

(a)

Any residential zoning district;

(b)

Any other adult business; or

(c)

The property boundaries of any single-family dwelling, school, child care center or nursery, cemetery, public park, public housing, nursing home, assisted living or independent living facility, or place of religious worship.

(2)

Agriculture, provided that not more than one head of livestock shall be permitted for each 2½ acres.

(3)

Airports, airstrips, and landing fields shall be located on a site of 200 acres or more. A heliport may be approved on a site of 20 acres or less.

(4)

Bed and breakfast shall be operated in accordance with the following:

(a)

A maximum of 5 lodging rooms are permitted.

(b)

There must be at least 500 square feet of gross interior floor area for each lodging room. The maximum potential number of rental units is determined by dividing the gross interior floor area of the structure by 500 square feet.

(c)

One parking space shall be provided for each guest room, plus the spaces required for a single-family home. Parking spaces may be stacked in a driveway to prevent the overpaving of the area.

(d)

One unlighted identification sign is permitted, not to exceed 2 square feet in area and 3½ feet in height.

(e)

The only meal to be provided to guests shall be breakfast, and it shall only be served to guests taking lodging in the facility.

(f)

New construction, additions, or remodeling must be in keeping with a residential character.

(g)

No exterior alterations, other than those necessary to ensure the safety of the structure, shall be made to any building for the purpose of providing a bed and breakfast.

(h)

In addition to any other requirements posed by the City of Elkhorn Fire Department, each guest room must contain at least one hard wire smoke detector.

(i)

Approval of a special use permit shall be applicable to the owner of a specified property. A change in ownership requires a new special use permit.

(5)

Club, fraternal organization, lodge, and noncommercial meeting place shall be permitted if all structures and uses are not less than 25' from any lot line.

(6)

Dwelling unit above a business shall provide a minimum floor area of 350 square feet for an efficiency dwelling unit; 450 square feet for a one-bedroom dwelling unit, and 550 square feet for a dwelling unit with 2 or more bedrooms.

(7)

Extraction industry shall be subject to the following:

(a)

All open pits or shafts shall be located no less than 200' from any public road and no less than 500' from any adjacent residential district.

(b)

All buildings or structures shall be located not less than 200' from any property line. All grinding, or processing machinery shall be located at the farthest point on the property from residential use as feasible.

(c)

The borders of the property adjacent to or across the street from any district other than an industrial district shall be fenced with a solid fence, wall, or landscape material at least 6' in height.

(8)

Gasoline services stations shall ensure that all service islands, pumps, and canopies meet the setback requirements of the applicable zoning district.

(9)

Home occupation shall be subject to the following conditions:

(a)

The use of the dwelling unit for the home occupation or home office shall be clearly incidental and secondary to its use for residential purposes.

(b)

Not more than one nonresident person may be employed.

(c)

No more than 25 percent of the livable floor area of the dwelling unit shall be used in the conduct of the home occupation or home office.

(d)

No outside display, storage, or use of land is permitted.

(e)

A home occupation is permitted a maximum of one non-illuminated sign, with maximum area of 2 square feet, and flush mounted to the wall of the primary dwelling structure.

(f)

There shall be no manufacturing or processing of any sort.

(g)

The home occupation shall be conducted entirely within the principal residential building and shall not be visible from any existing dwelling on any adjacent lot.

(h)

No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes, odors or electrical interference detectable to normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(i)

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and in no case shall traffic volume be created by the home occupation greater than 10 trips per day in any one day, including deliveries.

(j)

Parking generated by the conduct of such home occupation shall be met by the off-street parking regulations, and be located in areas other than a required yard.

(k)

No home occupation shall cause an increase of more than 10% in the use of any one or more utilities (water, sewer, electrical, telephone, garbage, etc.) so that the combined total use for dwelling and home occupation purposes exceeds the average for residences in the neighborhood.

(l)

The home occupation shall have all required licenses and permits for the conduct of the business.

(m)

The home occupation shall not include retail sales or storage/inventory of merchandise.

(n)

No commercial vehicle parking or storage shall be allowed unless fully enclosed in a closed, private garage.

(o)

No parking of vehicles belonging to employees working at other business locations shall be allowed.

(10)

Manufactured home is permitted in an approved manufactured home park only.

(11)

Manufactured home park must meet the following requirements:

(a)

Minimum park size shall be 10 acres.

(b)

Minimum park width shall be 450'.

(c)

Maximum number of manufactured home sites shall be 6 per acre.

(d)

Minimum open space provided in the manufactured home park shall be 20% of the developed area.

(e)

Open space shall be defined as all manufactured home park land area, excluding that land area occupied by structures, streets, drives, and parking areas.

(f)

Minimum lot area for a single manufactured home shall be 5,000 square feet. The manufactured home lot shall be a minimum of 50' in width.

(g)

A developed recreational area amounting to not less than 10% of the total development area shall be provided.

(h)

Minimum lot area for a double manufactured home shall be 6,000 square feet. The manufactured home lot shall be a minimum of 60' in width.

(i)

Minimum street yard setback within a manufactured home park shall be 25' from the right-of-way line of public streets.

(j)

Minimum distance between manufactured home units and all other exterior park property lot lines shall be 25'.

(k)

Minimum distance between manufactured home and service road shall be 20'.

(l)

Minimum distance between manufactured homes shall be 15'.

(m)

All drives, parking areas, and walkways shall be surfaced with dust-free material. There shall be 2 parking spaces for each manufactured home.

(n)

Manufactured home sales office or other business or commercial use shall not be located on the manufactured home park site.

(o)

Laundries, washrooms, recreation rooms, maintenance equipment storage and one office are permitted.

(p)

Each manufactured home park shall be completely enclosed, except for permitted entrances and exits, by a screen of not less than 8' in height. Such screen may consist of a solid row of evergreens, a wooden fence (with shade trees planted at a maximum spacing of 30' apart around the exterior perimeter of said fence), or a 3' to 4' undulating berm with landscaped material that will reach a mature height of 8' from grade. The screening must be installed within one year of occupancy of the first manufactured home.

(q)

All manufactured homes shall meet the construction standards of the Mobile Home Manufacturing Association.

(r)

No manufactured home site shall be rented for a period of less than 30 days.

(12)

Mini-warehouse shall be permitted provided the following conditions are met:

(a)

Each self-service storage facility shall be governed by the provisions of Section 704.90, Wis. Stats.

(b)

Except in the M-1 and M-2 districts, a fence and landscaping shall be provided which completely encloses the facility and screens it from view on all sides. Such screen may consist of a solid row of evergreens, a wooden fence (with shade trees planted at a maximum spacing of 30' apart around the exterior perimeter of said fence), or a 3' to 4' undulating berm with landscaped material that will reach a mature height of 8' from grade. The screening must be installed within one year of the issuance of the certificate of occupancy.

(13)

Multiple-family dwelling shall have a maximum density of 22 units per net acre in the B-1 district, and 25 units per net acre in the B-4 district.

(14)

Off-street parking on separate parcel from the use served by such parking, provided that the lot is otherwise vacant and is bordered on one or more sides by lands zoned B-1 through B-5, M-1 or M-2.

(15)

Private detached garages and all carports shall not be greater than 775 square feet in area.

(16)

Residential quarters for staff or caretaker, provided that said quarters are located in the same building as the business, and not more than one staff person (other than a member of the family which owns the business) is accommodated.

(17)

Shed and residential accessory use shall not be greater than 775 square feet in area.

(18)

Transportation facilities, provided that all principal structures and uses are not less than 100' from any residential district boundary.

(19)

Veterinary clinic may not allow any service, including the boarding of animals, to be offered outside of an enclosed building except in the A-1 district.

(20)

Zero lot line development shall meet the following conditions:

(a)

Lots shall have a minimum area of 5,000 square feet and shall not be less than 45' in width with one dwelling unit per lot.

(b)

There shall be a minimum setback of 25' from the street lot line. There shall be a side yard requirement on one side of a building of not less than 10'. The dwelling unit shall be placed on one side property line with a 0' side yard. There shall be a rear yard of not less than 25' for all lots.

(c)

Buildings constructed shall be of the row (party wall) dwelling type and shall consist of a row of 2 attached dwelling units. The common wall between individual dwelling units shall be constructed of at least a one-hour fire rated construction.

(d)

Common public utility laterals shall not be permitted.

(e)

Side lot lines shall be a straight line and perpendicular or radial to the street line.

(21)

Family daycare homes, daycare centers, and similar care services for children shall be subject to the following conditions:

(a)

Outdoor Play Space.

1.

The facility shall provide outdoor play space pursuant to the requirements of Chapter H.F.S. (Health and Family Services) 45 and Chapter H.F.S. 46, Wisconsin Administrative Code.

(b)

Conflicts and Nuisance.

1.

Operation of other businesses on the premises must not interfere with the care, safety, or health of the children.

2.

Daycare facilities shall not be located where adjacent or nearby businesses or commercial activities would impose noise, light, odor or other nuisances that would limit the safety and health of the proposed facility's environment.

(c)

Traffic.

1.

Adequate space for automobiles to pick-up and drop-off children at the facility should be provided. The relationship between this pick-up and drop-off location to the facility should not impose undue traffic safety risks on the children.

2.

The additional traffic generated by the proposed facility should not create undue burdens on already existing uses in the surrounding area.

(22)

In R-4, single-family use permitted for 5 acres or greater; conditional as a planned unit development for less than 5 acres.

(23)

In the R-4, agricultural use permitted for 40 acres or greater; conditional as a planned unit development for less than 40 acres.

(24)

See Residential Planned Unit Development, Section 17.4-24 of the Zoning Code.

(25)

See Mixed-Use Planned Unit Development, Section 17.4-24 of the Zoning Code.

(26)

Outdoor Sales are permitted as an accessory use subject to the following conditions:

(a)

The associated Principal Use is permitted as denoted in this Article.

(b)

The outdoor accessory use area shall be used for direct sales, not storage.

(c)

The area permitted for outdoor sales does not exceed the greater 15% of the indoor floor area or 250 square feet, Outdoor storage area shall not disrupt safe traffic flow in parking or circulation areas.

(d)

Outdoor sales must be approved by the Zoning Administrator prior to conducting any sales activities.

(e)

The Zoning Administrator may place additional conditions on Outdoor Sales as needed to provide for the health, safety and welfare of the community.

(27)

It is anticipated and desired for the undeveloped portions of the E-1 employment district when they are built out to be constructed in a planned campus or business-employment-park like manner. As such, many business/employment campuses and parks include multitenant facilities. Multitenant facilities are defined as commercial or industrial developments that consist of 2 or more separate units or suites sharing a common building area and/or parking area. Such developments shall be considered by the City through the Planned Unit Development Overlay process in Section 17.4-24 of this Code.

(28)

Farm Stands, as defined in Article 17.2, shall meet the following requirements:

(a)

A permit from the City of Elkhorn shall be required to operate a Farm Stand.

(b)

All activities located on private property require authorization of the property owner.

(c)

Farm Stands shall be setback a minimum of 5 feet from all property lines.

(d)

Farm Stands may be operated between 8:00 a.m. and Dusk only.

(e)

Farm Stand sales are only permitted from April 1 through November 1.

(f)

The Farm Stand shall be no larger than 600 square feet in size.

(g)

When the Farm Stand is not in use, it must be removed and stored off-site or indoors.

(h)

Temporary signage related to the Farm Stand shall comply with subsection 17.8-3(8), Temporary Signs.

(29)

Electric vehicle charging stations, as defined in Article 17.2 shall meet the following requirements:

(a)

Permitted Locations.

1.

Electric vehicle charging stations are permitted in every zoning district for private restricted use when accessory to the primary permitted use and not available for use for a fee. Installation shall be subject to permit approval by the building inspector.

2.

Electric vehicle charging stations are permitted as a Conditional Use in the B-1, B-2, B-3, B-4, B-5, B-6, M-1, M-2, and I-1 districts. Installation shall be subject to Conditional Use permit approval.

3.

If the primary use of the parcel is the retail electric charging of vehicles, then the use shall be considered a gas station for zoning purposes. Installation shall be subject to Conditional Use approval and located in zoning districts which permit gas stations.

4.

No electric vehicle charging space shall be located within a right-of-way or be located in a place where it will impede vehicular traffic on a roadway or obstruct a sightline for drivers.

(b)

Electric vehicle charging stations and electric vehicle charging spaces, including the electric vehicle charging equipment, shall comply with the setback and lighting requirements of the applicable zoning district.

(c)

Usage Fees. A service fee for the use of an electric vehicle charging space may be collected for the charging of electric vehicles in the B-1, B-2, B-3, B-4, B-5, B-6, M-1, M-2, and I-1 districts.

(d)

Signage.

1.

Information shall be posted identifying voltage and amperage levels and any time of use, fees, or safety information related to the electric vehicle charging station.

2.

Each electric vehicle charging station space shall be posted with signage indicating the space is only for electric vehicle charging purposes. The owner may post a sign indicating that vehicles may be towed if the vehicle is not charging. For purposes of this subsection, "charging" is when an electric vehicle is parked at an electric vehicle charging station and is connected to the electric vehicle charging equipment.

(e)

Maintenance. Electric vehicle charging stations shall be maintained in all respects, including the functioning of electric vehicle charging equipment. A phone number or other contact information shall be provided on the equipment for reporting when it is not functioning, or other problems are encountered.

(Ord. No. 22-07, 7-18-2022; Ord. No. 15-12, §§ 2, 3, 2015; Ord. No. 14-05, §§ 1, 2, 2014.)

Except as may be provided elsewhere in this chapter, the provisions of this section shall establish the minimum and maximum requirements of area, setbacks, and height for every zoning district established by this chapter. No building or structure shall be erected, converted, enlarged, reconstructed, or structurally altered in violation of the requirements of this section.

Table 17.5-3
AREA, YARD AND HEIGHT REQUIREMENTS

(1) The lot width shall be measured at the front building setback line. For lots located on curved streets or cul-de-sacs, the lot width is measured as a straight line between the 2 points where the front building setback intersects with each of the side lot lines.

(2) Where 50% or more of the block is occupied with buildings having an average setback line of more or of less than 25 feet, the setback line in any vacant interior lot on such block shall be the average of the front setbacks of the nearest existing buildings on each side of such vacant lot.

(Ord. No. 14-05, §§ 1, 2, 2014.)

(1)

Required Submittal. All applications for zoning permits for the construction, reconstruction, expansion, or conversion; except for RS-1 and RS-2 Zoning Districts, shall require site plan approval by the Plan Commission in accordance with the requirements of this section.

(2)

Pre-Application Conference. Prior to formal submittal of an application for site plan approval, it is recommended that the applicant confer with the Zoning Administrator in order to establish a mutual understanding of the basic concepts proposed and to ensure compliance with the technical requirements for processing the application.

(3)

Application. A site plan application shall be filed with the Zoning Administrator, which shall contain the following items, unless specific application requirements are waived by the Zoning Administrator.

(a)

Plan Narrative. Written description of the intended use describing in reasonable detail the following: existing and proposed zoning district (if different); existing and proposed use(s); total acreage; density; number of dwelling units; project number of residents, employees and/or daily customers; demonstrated compliance with applicable standards of this Chapter; demonstrated consistency with the City's adopted Comprehensive Plan; and any additional information pertinent to ensuring the plan commissions understanding of the proposed uses. The narrative shall also include an Operational Plan.

(b)

Maps.

(1)

Pre-Development. A map depicting the following pre-development site information: legal description of the subject property; existing property and setback lines; existing structure and paved areas; existing right-of-way; existing and proposed easements.

(2)

Post-Development. A map depicting the following post-development site information: property and setback lines; location of all proposed structures and uses, to include paved areas, building entrances, walks, drives, fences, utility poles, and drainage facilities; proposed location of connection of access points onto the public street; location and dimensions of all loading areas; location of all on-site parking and traffic circulation areas; location of all proposed outdoor storage areas and design of screening devices; location, size, and lighting of all proposed signage; and location and type of all storm water management facilities.

(c)

Landscape Plan. A detailed landscape plan depicting the location, type and size of plantings shall accompany the application.

(d)

Lighting (photometric) Plan. A lighting plan depicting the location, height, design, illumination, and orientation of all exterior lighting fixtures shall be submitted if applicable.

(e)

Elevation Drawings. Elevation drawings of proposed buildings or expansion of existing buildings showing finished exterior treatment (material, color, texture, etc.).

(4)

Staff Review. Prior to submittal of a site plan application to the Plan Commission, the Zoning Administrator shall confer with the city department managers and prepare a staff report addressing those elements of the plan that may be in conflict with the provisions of this Chapter or the Comprehensive Plan. The Zoning Administrator shall forward the staff report to the applicant; affording the applicant an opportunity to address any issues cited that may be in noncompliance in the staff report and a follow-up staff review before submitting the plan to the Plan Commission. Once the revised site plan has been reviewed and found to be in compliance with the provisions of this Chapter, the Zoning Administrator shall prepare a staff report and forward same to the Plan Commission for review and action.

(5)

Plan Commission Review. The Plan Commission shall review the site plan application and vote to approve the application as submitted; approve with modifications, or deny approval of the proposed site plan. The decision shall be recorded in the official minutes of the Plan Commission meeting. In its consideration of the site plan application, the Plan Commission shall take into account the following: the basic intent of this Chapter to ensure attractive, efficient, and appropriate development; that all reasonable steps have been taken to avoid depreciating effects on surrounding properties; and whether the proposed site endangers public health and safety. As part of its deliberations the Plan Commission may require additional measures and/or modifications as it deems necessary to achieve these objectives. If such modifications are required, the commission may withhold approval of the site plan until such time as such additional measures are submitted to the satisfaction of the Plan Commission.

(6)

Plan Modification. Any variation between the development and/or land use activity on the subject property and the approved site plan is a violation of this Chapter. A modified site plan may be submitted to the Zoning Administrator prior to the initiation of any modification, which shall be reviewed in the same manner as the previously approved site plan.

(7)

Commencement of Development Activity. No land use or development activities may commence prior to Plan Commission approval of the required site plan. Commencement of development activities shall occur within 12 months of plan approval, unless otherwise specified in a development agreement with the City.

(8)

Sunset Provision. No site plan approval shall be valid for more than 12 months from the date of approval, unless a building permit has been issued prior to the expiration of 12 months. The Common Council may extend this period if requested by the applicant; such extension shall be conditioned on the applicant showing valid cause for the requested extension.

(Ord. No. 17-05, § 1, 4-17-2017; Ord. No. 14-05, §§ 1, 2, 2014.)