Development objectives for the residential portion of the Fitchburg community shall be as follows:

(1)

For presently developed areas, to preserve existing community values of quiet, privacy, safety, natural beauty, attractive landscape features and open space; to promote property improvement and upkeep; and to allow structures, parcels and yard areas to be adapted to new variations in residential and related usages reflecting changing conditions, without detracting from the residential character of neighborhoods.

(2)

For developing areas, to encourage production of new housing patterns that will be functional, attractive, adaptable and capable of holding their value. It is also an objective to allow for new types, formats, and mixtures of housing to reflect changing consumer preferences, economics, and technologies.

(Ord. No. 2010-O-09, § 22.21, 10-12-2010)

For the R-L Low Density District, permitted uses are as follows:

(1)

Residential occupancy of a single-family detached dwelling unit structure.

(2)

Limited vocational activities. Residential occupancy also includes limited vocational (household occupations) activities. Permits are not required prior to engaging in such activities, but the following standards apply:

a.

The activity must be clearly secondary and incidental to residential use.

b.

The activity must not significantly alter the residential character of the dwelling unit, dwelling structure or the parcel.

c.

The activity must not unreasonably interfere with residential occupancy of other parcels in the neighborhood.

d.

The activity must not create environmental, safety or health hazards such as noise, light, odors, vibrations, electrical emissions, or other fire or safety hazards that are noticeably out of character with those produced by normal residential occupancy.

e.

Traffic generated by the vocational activity may not exceed that which is customary to residential occupancies in the neighborhood.

f.

Signage for the vocational activity will be governed by the sign ordinance.

g.

The parcel and structure must contain adequate area to accommodate the vocational activity without interfering with residential occupancy of other parcels in the neighborhood.

h.

Garage sales as a type of vocational activity are allowable in all residential districts provided that not more than two are held on a single premises per year and that each such sale shall not exceed four days in duration.

i.

Day care is allowable as a vocational activity on a residential premises. Conditional use approval will be required, however, if Wis. Stats. § 66.1017 apply. (See section 22-220.)

(3)

Group homes with capacity to accommodate eight or fewer individuals are a permitted occupancy in the R-L district.

(4)

Residential accessory developments and occupancies, pursuant to section 22-56.

(Ord. No. 2010-O-09, § 22.22, 10-12-2010)

For the R-L Low Density District, accessory occupancies, special standards are as follows:

(1)

Gardens and landscape features (walks, steps, railing, terraces, trellises, birdfeeders/baths, swing sets, sandboxes, compost storage, sprinkler systems, landscape lighting, clothes lines, etc.).

a.

Retaining walls shall be setback at least one foot from the property line.

b.

Solid walls that extend three feet or more above the ground for three or more feet of their length can be no closer than two feet to any lot line.

(2)

Window wells.

a.

Small window wells no greater than 18 inches from the foundation and no more than three feet along the foundation are exempt from these standards.

b.

A window well may encroach up to a maximum of three feet into the required rear yard and may encroach up to a maximum of two feet into a required side yard.

c.

Not more than one window well shall be permitted to encroach into each of the rear or side yards.

(3)

Driveways cannot be closer than two feet to a side or rear lot line unless such driveway is jointly used by the adjoining landowners pursuant to an express recorded easement or other recorded document evidencing the same. Driveways must be hard surfaced.

(4)

Parking spaces that are in locations other than in a driveway cannot be directly in front of a dwelling structure on the front side of the lot, or between the side of the house and the street on a corner lot, or in the front setback except in the driveway. A driveway is an actively used private way and shall not be more than two lanes in width in any part of the lot except for the direct path from the garage or primary parking space to the street. Parking spaces shall not be closer than two feet from the side or rear lot lines.

(5)

Patios/decks at ground level or at a floor level shall be no more than four feet above ground level at any point under the deck (decks at greater height are considered part of the structure and may not intrude into setback areas). For detached gazebos or screen enclosures, maximum lot coverage rules apply. There shall be a ten-foot minimum separation measured in from any side (or the side yard setback of the subject property's zoning district, whichever is lesser) or rear lot line to the edge or side of the facility unless the applicant has obtained a signed and notarized affidavit of consent to run with the land from the owner(s) of record of the neighboring properties identifying a closer distance, and has recorded this against both parcels in the register of deeds office and with the city zoning administrator.

(6)

Detached garages/carports and storage buildings greater than 400 square feet in floor area shall comply with setback standards. They must not be taller than the principal structure, and in no case more than 15 feet in height. Maximum lot coverage rules apply. Such accessory structure(s) shall not be forward of the front face of the principal structure.

(7)

Storage buildings/sheds/enclosures/pet houses/runs must obey front setbacks and cannot be less than four feet from a side or rear lot line. They cannot be taller than the principal structure and in no case more than 15 feet in height. They cannot exceed 400 square feet in floor area for each such structure. Maximum lot coverage rules apply. Such accessory structure(s) shall not be forward of the front face of the principal structure.

(8)

Hard surface sport and play areas and swimming pools. There shall be a ten-foot minimum distance from side or rear lot line (measured from water edge or edge of sport or play area) unless the applicant has obtained a signed and notarized affidavit of consent to run with the land from the owners of record of the neighboring properties identifying a closer distance, and has recorded this against both parcels in the register of deeds office and with the city zoning administrator. Pools must be fenced.

(9)

Air conditioning equipment, heat pumps, antenna. Height limits for the district apply. Such equipment shall not be located forward the front faces of the principal structure and shall be located at least four feet from side and rear property lines. Any object that has potential for safety, or attractive nuisance problems must, at the discretion of the zoning administrator, be security fenced. Noise levels may not exceed 65 db at the lot line.

(10)

Fences.

a.

Fences must be kept in good repair. Decorative sides must face outward. Supporting members or braces shall be on the inside and smooth or flat faces on the outside. If two faces are used, each face shall be of the same type and finish. Chainlink fence is permitted. Fences may not have chicken wire, woven wire, barbed wire, razor wire, electric wire, hazardous wire edges or similar materials.

b.

Perimeter fences are those located within five feet of the lot line. These cannot exceed six feet in height and cannot be forward of the front face of the house, except as provided below.

c.

Fences, perimeter or otherwise, in front yards shall be decorative only; at least 50 percent of their bulk must be air space and they must be not more than four feet in height.

(11)

Earth station dish antennas.

a.

Dish antennas shall be built and anchored to withstand winds of not less than 80 miles per hour. No dish antennas shall be erected in any yard except a rear yard, nor shall more than one dish antenna be permitted on a lot or parcel.

b.

Dish antennas over one meter in diameter and satellite devices that are not designed to receive video programming shall be located and screened to minimize their visual impact on surrounding residential properties. They shall also be shielded or filtered to prevent the emission or reflection of electro-magnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties.

(12)

Dogs and cats.

(13)

Domesticated animals, other than dogs and cats, with a maximum weight of generally less than 30 pounds.

(14)

Limited animal husbandry:

a.

Not exceeding 25 percent of one animal unit per acre or a pro-rated portion of an acre.

b.

Bees. The keeping of honey bees (apis Mellitera) in the yards of single family residences or duplexes located in the R-L, R-LM or R-M district shall be allowed, provided the use complies with the following:

1.

Number and size of beehives.

A.

No hive shall exceed 20 cubic feet in volume.

B.

Up to a maximum of six hives allowed on lots up to two acres. Lots of two to five acres shall be allowed up to eight hives. There shall be no limit on the number of hives kept on a lot or parcel of five acres or more in area.

C.

The beekeeping use shall be accessory to the primary residential use and not be a commercial operation.

2.

Location and setbacks.

A.

Hives shall be located only on lots with single- or two-family residential as the primary use.

B.

Hives shall not be located in the front yard of any lot, with the hive entrance(s) to face away from the nearest property line.

C.

A hive shall be at least three feet from a property line, 25 feet from a public sidewalk or public path, and 25 feet from a principal building on an abutting property.

D.

If a property line is located within 25 feet of a hive, a six-foot tall flyway barrier, comprised of a wall, fence or dense vegetation, or combination thereof, shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded.

3.

Management practices.

A.

Beekeepers shall utilize best practices to avoid creating nuisances, including monitoring bees on a regular basis for the health of the hive, and undertaking beekeeping activities at times when they will not interfere with neighbors' activities and enjoyment of their property.

B.

A sufficient supply of on-site water shall be provided for all hives.

C.

Any hive that is abandoned or its use discontinued for a period of 12 consecutive months shall be removed from the premises by the property owner. Hives shall not be modified for any use other than beekeeping.

D.

All honey bees shall be kept in hives with removable combs, which shall be kept in good repair and usable condition.

4.

Permit required.

A.

No person shall acquire, keep, or stock honey bees in the city without being a beekeeper and obtaining a valid permit issued by the zoning administrator, or his/her designee. A permit shall be valid unless revoked pursuant to subsection 4.D. Submission of a completed application shall be accompanied with a fee as identified in the city fee schedule. Applicant shall attest that all requirements of subsections 1—3 are met.

B.

Any person(s) proposing to keep bees shall notify all property owners and residents on or adjacent to the property on which the hives will be kept, prior to beginning any beekeeping activity.

C.

Permit is not transferrable. A permit provides permission for honey beekeeping at the address listed in the permit application and only for the permit holder. The permit shall not be transferred to any other person or location. The beekeeper must also notify the planning and zoning department when beekeeping is no longer being conducted on the property, in which case the hive(s) shall be removed from the site.

D.

Permit revocation. A permit shall be subject to revocation upon failure to comply with any provisions of this section, or if the city determines that continued operation and maintenance of the hive constitutes a reasonable threat to the general health or safety or others. Once a permit is revoked, a permit shall not be reissued.

5.

Definitions.

A.

Beekeeper means a person who owns or has charge of one or more colonies of bees, or is requesting to own or take charge of one or more colonies of bees, and has demonstrated to the zoning administrator that he or she is qualified (via education, training, mentor) to act as a beekeeper.

B.

Colony means an aggregate of honey bees in a hive consisting principally of workers, but having, when perfect, one queen and at times many drones, including the brood.

C.

Flyway barrier means an obstacle designed to cause bees to fly upward after exiting the hive and directing them away from neighboring and adjoining areas inhabited by humans.

D.

Hive means the shelter/structure housing a colony of bees including the combs, honey, and pollen.

E.

Honey bee means all life stages of the common domestic honey bee, apis Mellifera species.

(Ord. No. 2010-O-09, 10-12-2010; Ord. No. 2017-O-07, § 1, 9-26-2017)

For the R-L Low Density District, conditional uses are as follows:

(1)

Dependency living arrangements which allow a dwelling structure to have two complete dwelling units (that is, two units individually contained, each having its own bathroom, kitchen, sleeping and other areas), where one of the two units is not larger than 750 square feet in floor area. One of the two dwelling units, within this structure shall be owner occupied, except for periods of bona fide temporary absences, while the other dwelling unit shall be occupied by either the care provider or the dependent person. There shall not be separate direct entrances for each dwelling unit on the front of the building, unless this prohibits handicapped access. There shall also be at least one interior doorway connecting the two dwelling units.

(2)

Family day care as defined under section 22-220.

(3)

Schools.

(4)

Churches.

(5)

Recreational facilities.

(6)

Rest homes and nursing homes.

(7)

Private clubs.

(8)

Utility and governmental facilities.

(9)

Group homes with capacity to accommodate nine or more individuals.

(10)

Residential-all district conditional uses under division 8 of this article.

(11)

Bed and breakfast establishments.

(Ord. No. 2010-O-09, § 22.23, 10-12-2010)

For the R-L Low Density District, dimensional standards are as follows:

(1)

Minimum lot area per dwelling unit: 10,000 square feet (one acre, unsewered).

(2)

Minimum lot width: 80 feet.

(3)

Minimum front setback: 30 feet, except that an open air front porch (with only railings and support posts) or stoop may protrude to within 25 feet of the front lot line.

(4)

Minimum side setback: Ten feet (can be reduced to five feet if adjacent parcel has a setback that provides a minimum of 15 feet from the adjoining property line, provided there remains a minimum of 20 feet of building separation. The adjoining setback must be committed be deed restriction).

(5)

Minimum street side setback (corner lot): 25 feet.

(6)

Minimum rear setback: 35 feet, except that the rear setback may be reduced to as low as 25 feet on a conditional use basis to allow screen porches, and three or four season rooms which are primarily glass or windows.

(7)

Maximum height of structures: 35 feet or three stories, whichever is less.

(8)

Maximum lot area coverage and buildings: 35 percent.

(9)

A single-family dwelling structure with accessory apartment is required to meet the same dimensional standards as a single-family dwelling structure without accessory apartment. A parkland dedication fee shall be assessed for each accessory unit.

(Ord. No. 2010-O-09, § 22.24, 10-12-2010)

For the R-LM Low to Medium Density District, permitted uses are as follows:

(1)

Residential occupancy of a single-family detached dwelling unit structure.

(2)

Limited vocational activities (same as section 22-55(b)).

(3)

Group homes (same as section 22-55(c)).

(4)

Residential accessory developments (same as section 22-56).

(Ord. No. 2010-O-09, § 22.25, 10-12-2010)

For the R-LM Low to Medium Density District, conditional uses are as follows:

(1)

Dependency living arrangements.

(2)

Family day care and group homes with nine or more individuals (see division 8 of this article).

(3)

Schools, churches, recreational facilities.

(4)

Rest homes and nursing homes.

(5)

Private clubs.

(6)

Utility and governmental facilities.

(7)

Bed and breakfast establishments.

(Ord. No. 2010-O-09, § 22.26, 10-12-2010)

For the R-LM Low to Medium Density District, dimensional standards are as follows:

(1)

Minimum lot area per dwelling unit: 7,200 square feet. No unsewered lots shall be allowed.

(2)

Minimum lot width: 60 feet.

(3)

Minimum front setback: 30 feet, except that an open front porch or stoop may protrude to within 25 feet of the front lot line.

(4)

Minimum side setback: Eight feet (can be reduced to five feet if the adjacent parcel has a setback that provides a minimum of 11 feet from the adjoining property line, provided there remains a minimum of 16 of building separation. The adjoining parcel must be committed by deed restriction).

(5)

Minimum street side setback (corner lot): 25 feet.

(6)

Minimum rear setback: 25 feet.

(7)

Maximum height of structures: 35 feet or three stories.

(8)

Maximum lot area coverage and building: 35 percent.

(Ord. No. 2010-O-09, § 22.27, 10-12-2010)

For the R-M Medium Density District, permitted uses are as follows:

(1)

Residential occupancy of a two-family attached dwelling unit structure.

(2)

Limited vocational activities. The standards and procedures of section 22-55(b) apply in the R-L district.

(3)

Group homes with capacity to accommodate eight or fewer individuals.

(4)

The standards and procedures of section 22-55(d) apply in the R-M district, except that the following standards are modified to accommodate zero lot line (see subsection (5) of this section):

a.

Drives may be located up to the lot line or joint, provided a joint drive application is approved;

b.

Patios and decks have a zero setback for the zero lot line side setback.

(5)

Residential occupancy of zero-lot line single-family attached dwelling units of a zero-lot line lot subject to:

a.

A maintenance agreement shall be entered into by the owners of both zero-lot line parcels to ensure equal and reasonable maintenance and repair schedules are conducted for both single-family attached residential units.

b.

An eight-foot maintenance easement, four-feet on each side of the zero-lot line side property line, to allow for normal maintenance of each single-family attached residential unit shall be recorded with the register of deeds office and a recorded copy provided to the zoning administrator.

c.

The dwelling wall abutting the zero lot line shall be a one hour fire wall.

(Ord. No. 2010-O-09, § 22.28, 10-12-2010)

For the R-M Medium Density District, conditional uses are as follows:

(1)

R-L conditional uses.

(2)

Residential occupancy of single-family detached dwelling unit structures.

(Ord. No. 2010-O-09, § 22.29, 10-12-2010)

For the R-M Medium Density District, dimensional standards are as follows:

(1)

Parcels having single-family detached dwelling unit structures:

a.

Minimum lot area: 7,200 square feet (one acre, unsewered).

b.

Minimum lot width: 60 feet.

c.

Minimum front yard setback: 30 feet, except that an open front porch or stoop may protrude to within 25 fee of the front lot line.

d.

Remaining standards are the same as those for the R-LM district.

(2)

Parcels having a two-family attached dwelling unit structure:

a.

Minimum lot area: 10,000 square feet (one acre, unsewered).

b.

Minimum lot width: 80 feet.

c.

Minimum front yard setback: 30 feet, except that an open front porch or stoop may protrude to within 25 feet of the front lot line.

d.

Remaining standards shall be the same as those for single-family detached dwelling unit structures.

(3)

Zero-lot line lots having single-family attached dwelling structures:

a.

Minimum lot area: 5,000 square feet (one acre, unsewered).

b.

Minimum lot width: 40 feet.

c.

Minimum front yard setback: 30 feet, except that an open front porch or stoop may protrude to within 25 feet of the front lot line.

d.

Minimum zero-lot line side yard (shared) setback: Zero feet. A two foot eave protrusion shall be permitted across the zero lot line into the adjoining lot.

e.

Remaining standards shall be the same as those for single-family detached dwelling unit structures.

(Ord. No. 2010-O-09, § 22.30, 10-12-2010)

For the R-H High Density District, permitted uses are as follows:

(1)

R-L permitted uses, except single-family detached dwelling units.

(2)

R-M permitted uses, except two-family detached dwelling units.

(3)

Residential occupancy of dwelling unit structures having three to eight dwelling units.

(4)

Group homes with capacity to accommodate 15 or fewer individuals.

(Ord. No. 2010-O-09, § 22.31, 10-12-2010)

For the R-H High Density District, conditional uses are as follows:

(1)

R-L conditional uses.

(2)

Group homes having capacity to accommodate 16 or more individuals.

(3)

Two-family detached dwelling units.

(4)

Offices located within buildings that have three or more dwelling units, provided that the total area devoted to exclusive office usage including offices used for building or project management purposes, does not exceed 3,000 square feet in any building, and provided that only incidental retail sales are conducted within such offices.

(5)

Funeral homes, provided no crematory is operated on site.

(6)

Residential occupancy of dwelling structures having greater than eight dwelling units.

(7)

Cooperative housing. Every two bedrooms shall count as one dwelling unit for parking purposes. For density purposes, every bedroom shall equate to an efficiency unit under section 22-146(2)b.

(Ord. No. 2010-O-09, § 22.32, 10-12-2010)

For the R-H High Density District, dimensional standards are as follows:

(1)

Not more than two multiple family dwelling unit structures per lot unless a greater number is approved by conditional use.

(2)

Lot area requirements.

a.

Two family dwelling unit structures: 10,000 square feet.

b.

Each dwelling unit type shall provide the following minimum lot areas:

Exceptions:

If more than half of the dwelling units in a building are efficiency units, those in excess of half shall be counted as one bedroom units.

500 square feet of lot area per structured parking space shall be deducted from the minimum lot area for any building that provides structured parking on-site, either within the building or in a detached underground parking structure.

c.

No R-H zoned lot created after October 12, 2010, shall exceed 90,000 square feet in area.

(3)

Minimum lot width: 80 feet.

(4)

Minimum front setback: 30 feet, except that an open front porch or stoop may protrude to within 25 feet of the front lot line.

(5)

Minimum side setback: Ten feet (20 feet if the parcel abuts an R-L zoned parcel).

(6)

Minimum street side setback: 25 feet.

(7)

Minimum rear setback: 25 feet.

(8)

Maximum building height: 45 feet or three stories; whichever is less unless a conditional use is approved for additional stories up to six or 75 feet whichever is less.

(9)

Maximum lot area coverage: 35 percent.

(Ord. No. 2010-O-09, § 22.33, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

(a)

The R-HA district is applied to limited areas within the city that developed or were committed as to usage under pre-1986 R-4 zoning standards to levels of intensity or within dimensional standards that would not be allowed for new construction under the R-H district herein.

(b)

Within this R-HA district, the rules of the former R-4 district in effect as of April 7, 1987, apply to govern development in the case of vacant-but-committed parcels or to govern continued occupancy and/or rebuilding in the case of damage or destruction of the existing structures. Map designations shall indicate whether former R-4 zoning would so apply.

(Ord. No. 2010-O-09, § 22.35, 10-12-2010)

For the R-R Rural Density District, permitted uses are as follows:

(1)

Residential occupancy of one single-family detached dwelling unit structure.

(2)

All uses permitted in the R-L district, except that, in section 22-56, driveways related to subsection (3) of this section do not have to be hard surfaced; parking spaces related to subsection (4) of this section can be anywhere on the property; structures related to subsections (6) and (7) of this section may be located in front of the principal structure and are allowed to be up to 35 feet in height; fence regulations related to subsection (10) of this section do not apply; and subsection (13) of this section only applies to R-R lots less than two acres.

(3)

Agricultural uses. The number of livestock kept on a zoning lot in the R-R district shall not exceed one animal unit for each full acre and the lot must be at least two acres in size. Any structure housing livestock shall be at least 100 feet from a residential zoning district, other than the R-R district.

(Ord. No. 2010-O-09, § 22.36, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

For the R-R Rural Density District, conditional uses are as follows:

(1)

All uses conditional in the R-L district.

(2)

Parking of one truck or road tractor or school bus or semi-tractor and its trailer in excess of 4.0 tons gross vehicle weight.

(Ord. No. 2010-O-09, § 22.37, 10-12-2010)

For the R-R Rural Density District, dimensional standards are as follows:

(1)

Minimum lot area per dwelling unit: one acre.

(2)

Minimum lot width: 150 feet.

(3)

Minimum front setback: 40 feet.

(4)

Minimum side setback: ten feet.

(5)

Minimum street side setback: 30 feet.

(6)

Minimum rear setback: 50 feet.

(7)

Maximum height of structures: 35 feet or three stories, whichever is less.

(8)

Maximum lot area coverage and buildings: ten percent.

(Ord. No. 2010-O-09, § 22.38, 10-12-2010)

(a)

The plan commission is authorized to vary minimum lot area and setback standards to allow clustering within a project without increasing the number of dwelling units over the entire project site.

(b)

The plan commission may reject a project under this section without prejudice and with a recommendation that the project be pursued under the SmartCode or PD district provisions of the Municipal Code of Ordinances if the commission concludes that public benefits will result from planning the project and possibly any nearby sites conjunctively.

(c)

Perimeter setbacks cannot be varied to be less than 25 feet on any street side of a parcel; eight feet on any rear yard; any combination of side yard distance for a total of 13 feet, providing for 13 feet of separation between principal buildable areas.

(d)

The plan commission may, under this section, approve maximum lot coverages above the standard 35 percent to a maximum of 40 percent.

(e)

Urban agriculture or community gardens may be established as a component of a planned residential cluster and approved as part of the conditional use permit.

(f)

Application to single-family lotted subdivisions shall only occur where:

(1)

The conditional use application accompanies the initial rezoning;

(2)

It is anticipated by a comprehensive development plan;

(3)

The plan commission determines that strong planning and design principles are utilized to promote a unified cluster housing project; and

(4)

Strong deed restrictions have been developed to promote quality housing and design.

(g)

In addition, applications submitted after October 12, 2010, shall abide by the following standards:

(1)

The proposed cluster shall not be part of an existing subdivision or shall not contain any portion of an existing subdivision plat.

(2)

Parcel size of all contiguous lands owned or controlled by a developer shall be less than ten acres.

(3)

All public improvements shall be installed in not more than two phases.

(4)

The remaining land area that would have otherwise been developed but for clustering, shall be restricted to open space, active recreation, or urban agriculture.

(5)

This section shall not be used to create lots that would otherwise have been allowed by their size under R-LM or R-L zoning, or to simply decrease building setbacks.

(6)

A standard subdivision drawing showing how the land would otherwise have been developed at minimum lot sizes of the current residential zoning district is required to be submitted in order to allow a comparison and evaluation with the planned residential cluster proposal.

(7)

Planned residential cluster proposal shall provide plans and documents in written and graphic form to fully describe the project and its benefits. Draft deed restrictions, easements, and condominium documents shall be submitted with the application.

(h)

The plan commission shall not, under this procedure, approve variations in standard municipal services or waivers to any park requirements.

(Ord. No. 2010-O-09, § 22.39(2), 10-12-2010)

Urban agriculture may be allowed as a conditional use, provided that the following is reviewed and approved as part of the conditional use:

(1)

Animal husbandry, where during the conditional use process, the allowed animal units shall be set, but in no case shall the animal units exceed 50 percent of one animal unit per acre, or pro-rated portion of an acre.

(2)

One roadside stand for each urban agriculture site for sales of products produced and processed on the site may also be allowed by the conditional use permit.

(3)

Processing of products grown or raised on the site.

(4)

A management plan is provided as part of the conditional use application in order to mitigate noise, odor, and waste disposal, spreading of manure, application of fertilizers and pesticides, use of mechanized equipment, and other nuisance activities that may be identified.

(5)

Greenhouses and/or hoophouses, which may be allowed as part of the operation, shall following the dimensional standards of the zoning district.

(6)

Any compost operations shall be shown on a site plan, and described in the management plan, and are subject to approval by the conditional use.

(Ord. No. 2010-O-09, § 22.39(2), 10-12-2010)

Group homes that fall within the meaning of community living arrangements are as defined in Wis. Stats. § 62.23(7)(I) or subsequent relevant changes and that are identified as conditional uses in particular districts of this chapter shall be governed in conditional use review by standards of Wis. Stats. § 62.23(7)(I)9, and the procedures of Wis. Stats. § 62.23(7)(I) shall apply.

(Ord. No. 2010-O-09, § 22.39(3), 10-12-2010)

A conditional use permit is required for any situation where the number of persons receiving custodial care exceeds the number set forth by Wis. Stats. § 66.1017. In such situations the plan commission shall examine applicable licensing standards and shall apply these to proposed operations. In the absence of such standards, the commission may impose conditions intended to accomplish safety of the facility and reasonable compatibility with the neighborhood.

(Ord. No. 2010-O-09, § 22.39(4), 10-12-2010)

Public or private schools are as defined by state statutes. The plan commission shall have review powers over appropriateness of location, site planning, architectural design, grading, lighting and other impact factors.

(Ord. No. 2010-O-09, § 22.39(5), 10-12-2010)

A church is a place of worship, associated meetings and educational facilities, associated office and storage and garage facilities and homes on the same site for persons engaged in religious functions, all integrally involved in the affairs of a church, congregation or religious society recognized under Wis. Stats. ch. 187. The plan commission shall have review powers over appropriateness of location, site planning, architectural design, grading, lighting and other impact factors.

(Ord. No. 2010-O-09, § 22.39(6), 10-12-2010)

(a)

The following uses may be considered for conditional use approval in any residential district: nature preserves and passive recreation areas, outdoor parks and open space, pedestrian and bike trails (non-motor equipment only except for maintenance and service vehicles), active outdoor recreation play fields including spectator seating, swimming pools, tennis and racquetball and related court facilities, indoor or outdoor, exercise and fitness facilities, archery ranges, golf courses and associated facilities (driving range, pitch and putt, mini-golf) and similar usages and facilities. Additionally, one lodging or boarding unit associated with the facility may be allowed as part of the conditional use (as used here lodging or boarding unit means a room or group of rooms used for daily or weekly use, with no one person or family occupying the unit for more than 90 consecutive days). Recreational facilities (without boarding or lodging) to serve a single dwelling unit do not require conditional use approval.

(b)

Conditional use approval requirements extend to the use as appropriate for the site and area, appropriateness of site design, approval of all structures, equipment, facilities and approval of a use program statement describing what activities will take place, duration, extent, hours, controls, noise generation, lighting supervision, parking, collateral operations (food and beverage, concessions, etc.). Approvals will be specific as to the range of allowable activities.

(Ord. No. 2010-O-09, § 22.39(7), 10-12-2010; Ord. No. 2013-O-18, § 1, 9-24-2013)

(a)

Conditional use approval shall be required for utility and governmental facilities that involve any of the following, individually or in combination:

(1)

Installation or removal or significant modification of major utility facilities including any wireless facilities. Major means primary system facilities (interceptors, mains, pumping stations, principal pipelines, substations, new structures, housing equipment and the like).

(2)

Acquisition, development or significant modification or removal of municipal facilities, municipal buildings or structures, yards or sites for storage, transfer, waste management, installation or modification of roads.

(3)

Utility and governmental agencies are encouraged to submit system plans to the city for review and comment, including periodic update submissions, so that individual facility reviews can occur in a planning framework.

(4)

In submitting either system plans or facility plans, applicants shall identify the necessity of the facility. Where the city is legally entitled to require full conditional use review and approval, the full conditional use review procedure shall occur.

(b)

Visible utility and governmental facilities shall be sited, designed and screened so as to be reasonably compatible with the appearance of the surrounding areas.

(c)

The zoning administrator shall be responsible for determining what specific facilities are subject to this section.

(Ord. No. 2010-O-09, § 22.39(8), 10-12-2010)