Juneau City Zoning Code

The purpose of this chapter is to indicate which land uses may locate in each zoning district and under what requirements; and which land uses may not locate therein. A further distinction is made for land uses that may locate in a given district only upon obtaining a conditional or temporary use permit to do so. Finally, certain land uses may locate in a given district as a matter of right upon compliance with special regulations.

(Ord. No. 170-2009, § 91, 10-22-2009; Ord. No. 183-2009, § 91, 4-13-2010)

A.

The land uses listed in Chapter 17.08 are specifically designated and refer to the detailed listing of land uses contained in Section 17.09.050 (Detailed Land Use Descriptions and Regulations).

B.

Land Uses Permitted by Right. Land uses listed as permitted by right are permitted per the general land use requirements of this chapter (Section 17.09.040, Regulations Applicable to All Land Uses); per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the official zoning map; per any other general requirements of this Zoning Code (Title 17); and per any and all other applicable city, county, state, and federal regulations.

C.

Land Uses Permitted as a Conditional Use. Land uses listed as conditional uses are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (B), above, plus any additional requirements applicable to that particular land use as contained in Section 17.09.050 (Detailed Land Use Descriptions and Regulations), including any additional requirements imposed as part of the conditional use 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 (see also Sections 17.04.210, 17.04.230, and 17.04.240).

D.

Land Uses Permitted as an Accessory Use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (B), above, plus any additional requirements applicable to that particular land use as contained in Section 17.09.050(H) (Detailed Land Use Descriptions and Regulations).

E.

Land Uses Permitted as a Temporary Use. Land uses listed as permitted as a temporary use are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection (2), above, plus any additional requirements applicable to that particular land use as contained in Section 17.09.050(I) (Detailed Land Use Descriptions and Regulations).

F.

Land uses that are not listed in a specific zoning district in Chapter 17.08 are not permitted in such zoning district, except as legal nonconforming uses (Section 17.20.010).

G.

Even if a land use may be indicated as permitted by right or permitted as a conditional use in a particular district, such a land use may not necessarily be permitted or permissible on any or every property in such district. No land use is permitted or permissible on a property unless it can be located or implemented on it in full compliance with all of the standards and regulations of this title applicable to the specific land use and property in question, or unless an appropriate variance has been granted pursuant to Section 17.04.220.

(Ord. No. 170-2009, § 91, 10-22-2009; Ord. No. 183-2009, § 91, 4-13-2010)

See the Land Use Table (Appendix A), which is non-regulatory, for a summary of the treatment of all land uses regulated by this chapter.

(Ord. No. 170-2009, § 91, 10-22-2009; Ord. No. 183-2009, § 91, 4-13-2010)

All uses of land initiated within the jurisdiction of this title on, or following, the effective date of this title shall comply with all of the provisions of this title. Specifically:

A.

Land Use Regulations and Requirements. All uses of land shall comply with all the regulations and requirements of this title pertaining to the types of uses to which land is put within particular zoning districts. Such regulations and requirements address both general and specific regulations that land uses shall adhere to; and that are directly related to the protection of the health, safety and general welfare of the residents of the city of Juneau and its environs.

B.

Density and Intensity Regulations and Requirements. All development of land shall comply with all the regulations and requirements of this title pertaining to the maximum permitted density (for residential land uses) and intensity (for nonresidential land uses) of land uses. Such regulations and requirements address issues such as landscape coverage, which are directly related to, and are critical components of, density and intensity and the protection of the health, safety, and general welfare of the residents of the city of Juneau and its environs.

C.

Bulk Regulations and Requirements. All development of land shall comply with all the regulations and requirements of this title pertaining to the maximum permitted bulk of structures and the location of structures on a lot. Such regulations and requirements address issues such as height, setbacks from property lines and rights-of-way, and minimum separation between structures; which are directly related to, and critical components of, the effective bulk of a structure and the protection of the health, safety, and general welfare of the residents of the city of Juneau and its environs.

D.

[Reserved.]

E.

Landscaping and Bufferyards Regulations and Requirements. All development of land shall comply with all the regulations and requirements of this title pertaining to the provision of landscaping and bufferyards. Such regulations and requirements address issues such as minimum required landscaping of developed land, and minimum required provision of bufferyards between adjoining zoning districts and/or development options; which are directly related to, and critical components of, the effective bulk of a structure and the protection of the health, safety, and general welfare of the residents of the city of Juneau and its environs.

F.

Performance Standards and Requirements. All development of land shall comply with all the regulations and requirements of this title pertaining to the provision of appropriate access, parking, loading, storage, and lighting facilities. Such regulations and requirements address issues such as maximum permitted access points, minimum required parking spaces, the screening of storage areas, and maximum permitted intensity of lighting, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare and smoke; which are directly related to, and critical components of, the protection of the health, safety, and general welfare of the residents of the city of Juneau and its environs.

G.

Signage Regulations and Requirements. All land use and/or development of land shall comply with all the regulations and requirements of Chapter 17.16 pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage; which are directly related to, and critical components of, the protection of the health, safety, and general welfare of the residents of the city of Juneau and its environs.

H.

Procedural Regulations and Requirements. All land use and/or development of land shall comply with all the regulations and requirements of Chapter 17.04 pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements; and are directly related to, and critical components of, the protection of the health, safety, and general welfare of the residents of the city of Juneau and its environs.

I.

Number of Buildings Per Lot. In the A-1, R-1, and R-1a Districts, only one principal building shall be permitted on any one lot. In the R-2, R-3, O-1, O-2, B-1, B-2, B-3, I-1, I-2, I-3 and P-1 Districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a group or large development in compliance with Section 17.09.060.

J.

Number of Land Uses Per Building.

1

No more than one non-residential land use shall be permitted in any building unless a conditional use permit for a group or large development is granted in compliance with Section 17.09.060.

2.

With the exceptions of an upper storey dwelling unit or a home occupation, no building containing a non-residential land use shall contain a residential land use. (See Sections 17.09.050(H)(1) and 17.09.050(H)(8).)

K.

Division or Combining of a Lot. No recorded lot shall be divided into two or more lots, and no two or more recorded lots shall be combined into one or more lots, unless such division or combination results in the creation of lots, each of which conforms to all of the applicable regulations of the zoning district in which said lot is located (as set forth in this title).

(Ord. No. 170-2009, § 91, 10-22-2009; Ord. No. 183-2009, § 91, 4-13-2010)

The land use categories listed elsewhere in this title are defined in this chapter. Land uses that are not listed in this chapter are not necessarily excluded from locating within a given zoning district. Section 17.04.210 empowers the plan commission to make interpretations on matters regarding specific land use proposals that are not addressed by this chapter.

A.

Residential Land Uses. The table below indicates the measurements shown on the dwelling unit type graphics on the following pages. These letters correspond to the regulations in Article I. (Note: all letters do not appear on all graphics.)

1.

Single-Family Detached.

Description: A dwelling designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit. This dwelling unit type consists of a fully detached single-family residence that is located on an individual lot or within a group or large development (see Section 17.09.060). The dwelling unit must be a site-built structure constructed in compliance with the State of Wisconsin Uniform Dwelling Code (UDC), or may be a manufactured dwelling (modular home) as permitted by the UDC or a manufactured home as permitted by the HUD code. For any of these dwelling units, the use of a permanent, continuous UDC foundation is required. This dwelling unit type may not be split into two or more residences. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: Two spaces.

Single-Family

2.

Duplex.

Description: These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. Required for each dwelling unit are a minimum building code-required, fire-rated wall assembly division separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals. The two residences are located on the same lot. These dwelling unit types may not be split into additional residences. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: Two spaces per dwelling unit. When parking spaces are assigned to an individual dwelling unit, spaces may be stacked front to back (e.g., one space in a garage with another space directly behind it in the driveway).

Duplex

3.

Twin-House.

Description: These dwelling unit types consist of a single-family dwelling that is attached on one side to another single-family residence. Required for each dwelling unit are a minimum building code-required, fire rated wall assembly division separating living areas from the lowest level to flush against the underside of the roof, and individual sanitary sewer and public water laterals. The two residences are located on separate lots. The twin-house is distinguished from the duplex solely by having each unit located on an individual lot or within a group or large development. (see Section 17.09.060). These dwelling unit types may not be split into additional residences. Refer to the illustration on the following page and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: Two spaces per dwelling unit. When parking spaces are assigned to an individual dwelling unit, spaces may be stacked front to back (e.g., one space in a garage with another space directly behind it in the driveway).

Twin-House

4.

Two-Flat House.

Description: This dwelling unit type consists of a single-family residence, which is in complete compliance with the State of Wisconsin Uniform Dwelling Code (UDC) and has been converted into a two-family residence. The two residences are both located on the same lot or within the same group or large development (see Section 17.09.060). This dwelling unit type may not be split into additional residences. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: Three spaces. When parking spaces are assigned to an individual dwelling unit, spaces may be stacked front to back (e.g., one space in a garage with another space directly behind it in the driveway).

Two-Flat

5.

Townhouse.

Description: This dwelling unit type consists of attached, two-story, single-family residences, each having a private, individual access. This dwelling unit type is located on its own lot or within a group or large development (see Section 17.09.060) and may not be split into additional residences. Required for each dwelling unit are a minimum building code-required, fire-rated wall assembly division separating living areas from the lowest level through the roof, and individual sanitary sewer and public water laterals. No more than six and no less than three townhouse dwelling units may be attached per group. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: Two spaces per dwelling unit. When parking spaces are assigned to an individual dwelling unit, spaces may be stacked front to back (e.g., one space in a garage with another space directly behind it in the driveway).

Townhouse

6.

Multiplex.

Description: This dwelling unit type consists of an attached, multi-family residence that has a private, individual exterior entrance. A minimum building code-required, fire-rated wall assembly division separating living areas from the lowest level through the roof is required for each dwelling unit. No more than eight and no less than three multiplex dwelling units may be attached per group. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: One space per one-bedroom dwelling unit, two spaces per two + bedroom dwelling unit. When parking spaces are assigned to an individual dwelling unit, spaces may be stacked front to back (e.g., one space in a garage with another space directly behind it in the driveway).

Multiplex

7.

Apartment.

Description: This dwelling unit type consists of an attached, multi-family residence (no less than three units) that takes access from a shared entrance or hallway. A minimum building code-required, fire-rated wall assembly division separating living areas from the lowest level to the underside of the roof is required between each dwelling unit. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: One space per one-bedroom dwelling unit, two spaces per two + bedroom dwelling unit.

Apartment

8.

Mobile Home.

Description: This dwelling unit type consists of a fully detached, single-family residence that has not received a federal manufactured housing certificate and that is located on an individual lot or within a group or large development (see Section 17.09.060). This dwelling unit type may not be split into two or more residences. Within thirty (30) days of occupancy, the owner of a Mobile Home shall remove the axle and install skirting per the requirements of the plan commission. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Parking Requirements: Two spaces per dwelling unit.

Mobile Home

9.

Mobile Home Residential Development (Subdivision).

Description: This land use is a form of residential development that 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 Section 17.09.050(A)(1)(h) of this chapter. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Regulations:

1.

Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

2.

Mobile home residential developments shall comply with the same landscaping and bufferyard requirements as the R-3 multifamily district, as specified in Section 17.14.040 of this title.

3.

No access shall be permitted to local residential streets.

(b)

Parking Requirements: Two spaces per dwelling unit.

Mobile Home Residential Development (Subdivision)

10.

Mobile Home Park Residential Development (Rental/Condo Park).

Description: This land use is a form of conventional residential development that is exclusively reserved for individually sold or rented air right pads containing mobile home units. Each of the lots and mobile home units must meet the requirements for mobile homes listed in Section 17.09.050(A)(1)(h) of this chapter. Refer to the illustration below and to Chapter 17.08 for setback requirements labeled in capital letters:

(a)

Regulations:

1.

Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

2.

Mobile home park residential developments shall comply with the same landscaping and bufferyard requirements as the R-3 Multifamily district, as specified in Section 17.14.040 of this title.

3.

No access shall be permitted to local residential streets.

(b)

Parking Requirements: Two spaces per dwelling unit.

Mobile Home Park Residential Development (Rental/Condo Park)

B.

Agricultural Land Uses.

1.

Cultivation.

Description: Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants for commercial purposes. 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.

(a)

Regulations:

1.

On buildable lots, which are platted in final form and served by improved streets and utilities, cultivation is not permitted within non-agricultural zoning districts except as a legal nonconforming use, or as legally re-established per 2.a. below.

2.

Re-establishment or new establishment of cultivation uses shall be subject to the following additional requirements:

a.

Except in the agricultural (A-1) district, cultivation uses, once discontinued for a period of twelve (12) months, shall not be re-established or newly established except with the granting of a conditional use permit, and shall be limited to hay crops.

b.

The applicant shall provide a site plan that clearly depicts the area proposed for cultivation and all structures and land uses on all adjoining properties. A current air photo may be used as a base map for this site plan. All distances from the area to be cultivated to all property lines and structures on adjoining properties shall be measured and labeled on said site plan.

c.

The applicant shall provide a written plan of operation describing the proposed general timing and frequency of any and all farming activities involving mechanized equipment. The plan of operation shall list the times of operation of mechanized equipment, including earliest and latest times during the day and likely months of mechanized activity. Said plan of operation shall also list any and all chemicals to be used.

(b)

Parking Requirements: One space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 17.12.030).

2.

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 Section 17.04.180) per acre. This includes horses of all equine, cattle of all bovine species, sheep, goats, llamas, (and related species), deer, antelope, swine, foul (including chickens, turkeys, ducks, geese, peacocks, guinea hens, game birds), aquatic species (including fish, shellfish, crustaceans, echinoderms, plants, and algae), and any animals typically hunted or trapped. This excludes animals typically kept as pets and commonly available at commercial pet stores (e.g., domestic dogs and cats, fish, small rodents, reptiles, amphibians, tropical/exotic birds), as defined by the zoning administrator. Pets are regulated under the definition for residential occupancy in Section 17.04.180. Apiaries are also considered husbandry land uses. commercial animal boarding operations are not considered husbandry uses (see Section 17.09.050(D)(10)). Indoor aquaculture operations, as defined in Section 17.09.050(B)(8), shall be regulated as a separate land use.

(a)

Regulations:

1.

Husbandry land uses are not permitted within the city limits, except as conditional uses within the A-1 district, or under individual annexation agreements. When land uses containing husbandry are annexed, the annexation agreement and ordinance may specify the treatment of existing husbandry uses on the subject property.

2.

Any building housing animals shall be located a minimum of three hundred (300) feet from any residentially zoned property, and one hundred (100) feet from all other lot lines.

3.

All outdoor animal containments (pastures, pens, and similar areas) shall be located a minimum of ten feet from any residentially zoned property.

4.

Husbandry uses, once discontinued for a period of twelve (12) months, shall not be reestablished or newly established except with the granting of a conditional use permit in the agricultural (A-1) district.

(b)

Parking Requirements: One space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 17.12.030.)

3.

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 17.04.180) per acre, and/or agricultural activities requiring large investments in structures. This includes those animals listed under husbandry (17.09.050(B)(2)). Examples of such land uses include feed lots; hog farms; poultry operations; outdoor, commercial aquaculture; and certain other operations meeting these criteria. Indoor aquaculture operations, as defined in Sections 17.09.050(B)(8) and 17.09.050(B)(9), shall be regulated as a separate land use.

(a)

Regulations:

1.

Intensive agriculture shall not be permitted within the city limits.

4.

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 Section 17.09.050(E)(6)).

(a)

Regulations:

1.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

2.

All buildings, structures, outdoor storage areas, and outdoor animal containments (pastures, pens and similar areas) shall be located a minimum of one hundred (100) feet from all lot lines.

3.

If within the A-1 district, shall be located in an areas that is planned to remain commercial viable for agricultural land uses.

4.

Agricultural service uses, once discontinued for a period of twelve (12) months, shall not be reestablished or newly established except with the granting of a conditional use permit in the agricultural (A-1) or I-3 heavy industrial districts.

(b)

Parking Requirements: One space per employee on the largest work shift. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 17.12.030.)

5.

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.

(a)

Regulations:

1.

No structure of group of structures shall exceed five hundred (500) square feet in floor area.

2.

No structure shall exceed twelve (12) feet in height.

3.

All structures shall meet all required setbacks for nonresidential land uses.

4.

Signage shall be limited to one on-site sign that shall not exceed thirty (30) square feet in area.

5.

Such land use shall be served by no more than one driveway. Said driveway shall require a valid driveway permit.

6.

A minimum of one parking space shall be required for every two hundred (200) square feet of product display area.

7.

The sale of products that are grown or otherwise produced on non-adjacent property under the same ownership, or on property under different ownership, shall be prohibited.

8.

Said structure and fencing shall be located a minimum of three hundred (300) feet from any residentially zoned property.

9.

On-site agricultural retail uses, once discontinued for a period of twelve (12) months, shall not be reestablished or newly established except with the granting of a conditional use permit in the agricultural (A-1) district.

(b)

Parking Requirements: One space per employee on the largest work shift and four spaces for customers. (Note: Agricultural land uses are hereby made exempt from the surfacing requirements of Section 17.12.030.)

6.

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 thirty (30) percent of the woodlands on the property (or up to one hundred (100) percent 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 (7), below).

(a)

Regulations: Not applicable.

7.

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 thirty (30) percent of the woodlands on a property (or up to one hundred (100) percent for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a conditional use in all districts. Any owner of property who intentionally clear cuts any area of his or her property or who intentionally solicits or causes another to intentionally clear cut any area of his or her property without first having secured a conditional use permit for such activity shall be subject to a forfeiture for such wrongful conduct 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 having been clear cut unintentionally as a result of fire shall not subject the owner of the property to a forfeiture for such non-approved clear cutting activity, 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.

(a)

Regulations:

1.

Applicant shall demonstrate that clear cutting will improve the level of environmental protection on the subject property.

2.

Areas of the subject property that are clear cut beyond the limitations established above, shall be replanted per the requirements of Section 17.14.080. (Referenced section requires the replanting of trees in other portions of the subject property—Thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)

3.

Clear cutting shall not be permitted within a required bufferyard or landscaped area (see Sections 17.14.040 and 17.14.090), or within any area designated as permanently protected green space.

8.

Indoor Aquaculture.

Description: Any operation that involves the farming of aquatic organisms under controlled conditions, and which is located entirely within an enclosed building, and utilizes recirculating (closed) system technology. Such operations may also incorporate aquaponics, which is the symbiotic cultivation of plants and aquatic organisms in a recirculating system.

(a)

Regulations:

1.

Indoor aquaculture operations shall be connected to the municipal water and sanitary sewer system and all wastewater shall be discharged to the municipal sanitary sewer system, except in the A-1 district provided the applicant can demonstrate to the satisfaction of the plan commission that all handling of waste shall be handled in a manner that preserves natural resources and does not result in nuisances detectable beyond the property line.

2.

Prior to the issuance of a conditional use permit, applicants shall prepare a report outlining the operation's estimated average daily water usage and quantity of wastewater discharge. Such report shall be reviewed and approved by the city of Juneau Utility Commission.

3.

On-site processing of seafood is permitted provided the activity is conducted entirely within an enclosed building and no odors are detectable from the property line.

4.

The on-site retail sale of seafood or vegetables shall be considered an "indoor sales incidental to storage or light industrial land use" accessory use, subject to the provisions of Section 19.09.050(H)(7) and provided the area devoted to sales does not exceed twenty-five (25) percent of the total area of the building(s) within which the operation is located. Retail areas that exceed twenty-five (25) percent of the total area of the building(s) within which the operation is located shall be considered an "indoor sales and service" principal land use.

5.

Site plans shall indicate the location of all outdoor activity areas.

6.

On-site composting shall be permitted, subject to the following:

a.

Compost areas shall be fully screened on all four sides.

b.

Composting shall comply with all county, state, and federal rules, regulations, and permitting requirements.

7.

No outdoor activity areas shall be located in bufferyard areas. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

(b)

Parking Requirements: One space for each five hundred (500) square feet of principal building area.

9.

Community Garden.

Description: Areas of land managed and maintained for cultivation and related activities, which are often divided into two or more plots to be cultivated by different persons or parties. Community gardens may also be farmed collectively by members of the garden and may include common areas maintained and used by group members. Community gardens may be located on public or private lands.

(a)

Regulations:

1.

All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.

2.

Prior to the establishment of a community garden, the applicant(s) shall submit a site plan that includes the following information:

a.

Name of the property owner, established sponsoring organization, and garden manager.

b.

Indicates the locations of all structures; materials storage; trash, waste, and compost areas; equipment storage; access for deliveries and pickups; water availability; shaded rest area; and availability of public parking.

3.

The following structures are permitted within community gardens: tool sheds, shade pavilions, hoop houses, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, fences, garden art, rain barrel systems, beehives, and children's play areas.

4.

Signs shall be limited to identification, information, and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign. Signs shall not exceed a total aggregate area of forty-eight (48) square feet.

5.

Fences shall comply with all city fencing regulations. Chicken wire, woven wire, and related garden fencing shall be permitted without restriction around and within active gardening areas.

10.

Market Garden.

Description: Land uses that meet the definition of a community garden per Section 17.09.050(B)(10) but that also include the on-site sales of crops grown on-site.

(a)

Regulations:

1.

All activity areas and structures shall comply with the required setbacks and height regulations for principal structures within the zoning district.

2.

Prior to the establishment of a market garden, the applicant(s) shall submit a site plan that includes the following information:

a.

Name of the property owner, established sponsoring organization, and garden manager.

b.

Indicates the locations of all structures; materials storage; trash, waste, and compost areas; equipment storage; access for deliveries and pickups; water availability; shaded rest area; and availability of public parking.

3.

The following structures are permitted within community gardens: tool sheds, shade pavilions, hoop houses, barns, rest-room facilities with composting toilets, and planting preparation houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas.

4.

Seasonal farm stands shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use.

5.

Signs shall be limited to identification, information, and directional signs, including sponsorship information where the sponsorship information is clearly secondary to other permitted information on any particular sign. Signs shall not exceed a total aggregate area of forty-eight (48) square feet.

6.

Fences shall comply with all city fencing regulations. Chicken wire, woven wire, and related garden fencing shall be permitted without restriction around and within active gardening areas.

C.

Institutional Land Uses.

1.

Passive Outdoor Recreation.

Description: Passive outdoor recreation 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 (2), below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

(a)

Parking Requirements: One space per four expected patrons at maximum capacity

2.

Active Outdoor Recreation.

Description: Active outdoor recreation land uses include all recreational land uses 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, swimming beach areas, fitness courses, and similar land uses.

(a)

Regulations:

1.

Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Section 17.14.090). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

2.

All structures and active recreational areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

3.

Facilities that serve a regional or community-wide function shall provide off-street passenger loading area if the majority of the users will be children.

(b)

Parking Requirements: One space per four expected patrons at maximum capacity.

3.

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.

(a)

Regulations:

1.

Shall provide off-street passenger loading area if the majority of the users will be children (as in the case of a school, church, library, or similar land use.

2.

All structures shall be located a minimum of fifty (50) feet from any residentially zoned property.

(b)

Parking Requirements: Generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

Church: One space per three seats at the maximum capacity.

Community or recreation center: One space per three occupants at maximum capacity.

Funeral home: Twenty (20) spaces for each viewing room.

Hospital: One space for each three beds, plus one space for each three employees, plus one space for each staff physician.

Library or museum: One space per two hundred fifty (250) square feet of gross floor area or one space per four seats to the maximum capacity, whichever is greater, plus one space per employee on the largest work shift.

Elementary and junior high: One space for each employee, plus five visitor spaces.

Senior high: One space for each employee, plus one space for each five students sixteen (16) years of age or older.

College or trade school: One space for each employee, plus one space for each five students sixteen (16) years of age or older.

4.

Outdoor Institutional.

Description: Outdoor institutional land uses include cemeteries, privately held permanently protected green space areas, country clubs, golf courses, and similar land uses.

(a)

Regulations:

1.

Shall provide off-street passenger loading area if a significant proportion of the users will be children.

2.

All structures and actively used outdoor recreational areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

3.

Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Section 17.14.090). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

(b)

Parking Requirements: Generally, one space per three expected patrons at maximum capacity. However, see additional specific requirements below:

Cemetery: One space per employee, plus one space per three patrons to the maximum capacity of all indoor assembly areas.

Golf course: Seven spaces per hole.

Swimming pool: One space per seventy-five (75) square feet of gross water area.

Tennis court: Three spaces per court.

5.

Public Services and Utilities.

Description: Public services and utilities land uses include all city, county, state, and federal facilities (except those otherwise treated in this chapter), 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.

(a)

Regulations:

1.

Outdoor storage areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

2.

All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Section 17.14.090). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

3.

All structures shall be located a minimum of twenty (20) feet from any residentially zoned property.

4.

The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

(b)

Parking Requirements: One space per employee on the largest work shift, plus one space per company vehicle normally stored or parked on the premises, plus one space per five hundred (500) square feet of gross square feet of office area.

6.

Institutional Residential Development.

Description: This land use is a form of residential development designed to accommodate institutional residential land uses, such as senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of Wisconsin Statutes 62.23.

(a)

Regulations:

1.

Project shall provide an off-street passenger loading area at a minimum of one location within the development.

(b)

Parking Requirements:

Senior housing or retirement housing: One space per dwelling unit.

Assisted living facility or limited care facility: One space per two dwelling units.

Monastery, convent or dormitory: One space per six residents, plus one space per employee on the largest work shift, plus one space per five chapel seats if the public may attend.

Nursing home or hospice: One space for each three beds, plus one space for each three employees, plus one space for each staff physician.

7.

Community Living Arrangement (one to eight residents).

Description: Community living arrangement land uses include all facilities provided for in Wisconsin Statutes 46.03(22), including child welfare agencies, group homes for children, foster homes, treatment foster homes, adult family homes, 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 Wisconsin Statutes 62.23(7)(i), provided any such regulations do not violate federal or state housing or anti-discrimination laws.

(a)

Regulations:

1.

No community living arrangement shall be established within two thousand five hundred (2,500) feet of any other such facility regardless of its capacity.

2.

The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the city shall not exceed one percent of the city's population (unless specifically authorized by the city council following a public hearing).

3.

Foster homes housing four or fewer children and licensed under Wisconsin Statutes 48.62 shall not be subject to (1), above, and shall not be subject to, or count toward, the total arrived at in (2), above.

(b)

Parking Requirements: Three spaces.

8.

Community Living Arrangement (nine to fifteen (15) residents).

Description: See (6), above.

(a)

Regulations:

1.

No community living arrangement shall be established within two thousand five hundred (2,500) feet of any other such facility regardless of its capacity.

2.

The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the city shall not exceed one percent of the city's population (unless specifically authorized by the city council following a public hearing).

(b)

Parking Requirements: Four spaces.

9.

Community Living Arrangement (sixteen (16) or more residents).

Description: See (6), above.

(a)

Regulations:

1.

No community living arrangement shall be established within two thousand five hundred (2,500) feet of any other such facility regardless of its capacity.

2.

The applicant shall demonstrate that the total capacity of all community living arrangements (of all capacities) in the city shall not exceed one percent of the city's population (unless specifically authorized by the city council following a public hearing).

(b)

Parking Requirements: One space per every three residents.

D.

Commercial Land Uses.

1.

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.

(a)

Parking Requirements: One space per three hundred (300) square feet of gross floor area.

2.

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 uses include professional services, insurance or financial services, realty offices, medical offices and clinics, veterinary clinics, barber shops, beauty shops, and related land uses.

(a)

Parking Requirements: One space per three hundred (300) square feet of gross floor area.

3.

Indoor Sales and Service.

Description: Indoor sales and service land uses include all land uses that conduct or display sales or rental merchandise or equipment, or non-personal or non-professional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. In districts where products may be displayed outside of an enclosed building, such activity will be listed as "outdoor display incidental to indoor sales" under "accessory uses." In all other districts, this activity is prohibited. A land use that contains both indoor sales and outdoor sales exceeding fifteen (15) percent of the total sales area of the building(s) on the property shall be considered as an outdoor display land use (see (4), below). Artisan studios are regulated in Section 17.09.050(D)(18).

(a)

Parking Requirements: One space per three hundred (300) square feet of gross floor area.

4.

Outdoor Display.

Description: Outdoor display land uses include all land uses that conduct sales or display sales, rental merchandise, or equipment outside of an enclosed building. Examples of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area that would be enclosed by a required physical separation (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 (see subsection (E), below, also). If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered "outdoor display incidental to indoor sales" under Section 17.09.050(H)(5).

(a)

Regulations:

1.

The display of items shall not be permitted in required landscaped areas or required bufferyards (Sections 17.14.040 and 17.14.090).

2.

The display of items shall not be permitted within required setback areas for the principal structure.

3.

In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Section 17.12.040. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

4.

Display areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

5.

Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

6.

Outdoor display shall be permitted during the entire calendar year; however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within ten calendar days of the goods' removal.

7.

Inoperative vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.

8.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property, except per (5), above (see Section 17.14.090).

(b)

Parking Requirements: One space for each eight hundred (800) square feet of gross leasable area.

5.

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" land use, (see Section 17.09.050(D)(17)).

(a)

Parking Requirements: One space per three hundred (300) square feet of gross floor area.

6.

Outdoor Maintenance Service.

Description: Outdoor maintenance services include all land uses that perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.

(a)

Regulations:

1.

All outdoor activity areas shall be completely enclosed by a minimum six-foot high fence. Such enclosure shall be located a minimum of fifty (50) feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of 0.60 (see Section 17.14.090).

(b)

Parking Requirements: One space for each eight hundred (800) square feet if gross leasable area.

7.

Drive-In Sales and Service.

Description: Drive-in sales and service land uses include all land uses that perform sales and/or services to persons in vehicles, or to vehicles that may or may not be occupied at the time of such activity (except vehicle repair and maintenance services, see Section 17.09.050(D)(17)). 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 drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), drive-in sales and service land uses shall be considered an accessory use (see Section 17.09.050(H)(23)).

(a)

Regulations:

1.

Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

2.

The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

3.

In no instance shall a drive-through facility be permitted to operate that endangers the public safety, even if such land use has been permitted under the provisions of this section.

4.

The setback of any overhead canopy or similar structure shall be a minimum of ten feet from all street rights-of-way lines, a minimum of twenty (20) feet from all residentially-zoned property lines, and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed twenty (20) feet as measured to the highest part of the structure.

5.

All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material that is designed to meet the requirements of a minimum four-ton axle load.

6.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (Section 17.14.090).

7.

Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands. Said curbs shall be a minimum of six inches high and be of a non-mountable design. No curb protecting an exterior fixture shall be located closer than twenty-five (25) feet to all property lines.

8.

Any text or logo larger than one square foot per side on an overhead canopy or other accessory structure shall be considered a ground sign subject to regulation under Chapter 17.16 of this title.

(b)

Parking Requirements: Refer to the parking requirements of the other land use activities on the site (such as indoor sales and service for a gas station/convenience store, or office for a bank). Each drive-up lane shall have a minimum stacking length of one hundred (100) feet behind the pass through window and forty (40) feet beyond the pass through window. This requirement may be adjusted by the plan commission through the conditional use process.

8.

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.

(a)

Regulations:

1.

If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within one hundred fifty (150) feet, or as far as possible, of a residentially zoned property.

2.

The facility shall provide a bufferyard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see Section 17.14.090).

(b)

Parking Requirements: One space per every three patron seats or lockers (whichever is greater); or one space per three persons at the maximum capacity of the establishment (whichever is greater).

9.

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.

(a)

Regulations:

1.

Activity areas shall not be located closer than three hundred (300) feet to a residentially zoned property.

2.

Facility shall provide bufferyard with minimum opacity of 0.80 along all borders of the property abutting residentially zoned property (Section 17.14.090).

3.

Activity areas (including drive-in movie screens) shall not be visible from any residentially-zoned property.

4.

For drive-in movie theaters, the following conditions shall also apply:

a.

Patron entrance and exit drives shall lead only to standard arterial streets at points at least two hundred (200) feet from any intersection.

b.

There shall be off-street vehicle waiting space for at least ten percent of the total vehicle capacity.

(b)

Parking Requirements: One space for every three persons at the maximum capacity of the establishment.

10.

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 kennels (see Section 6.04.030(B)(3)) 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. Within the A-1 district, large animal vet services will be regulated as commercial animal boarding.

(a)

Regulations:

1.

Each animal shall be provided with an indoor containment area.

2.

The minimum permitted size of horse or similar animal stall shall be one hundred (100) square feet

(b)

Parking Requirements: One space per every one thousand (1,000) square feet of gross floor area.

11.

Commercial Indoor Lodging,

Description: Commercial indoor lodging facilities include land uses that 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 non-lodgers are not considered accessory uses and therefore require review as a separate land use.

(a)

Regulations:

1.

If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within one hundred (100) feet of a residentially zoned property.

2.

The facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 17.14.090).

3.

Within the O-2 district, each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes.

(b)

Parking Requirements: One space for each quest room, plus one space for each three employees.

12.

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.

(a)

Regulations:

1.

If alcoholic beverages of any kind are to be served on the premises, the owner of the establishment shall first obtain the appropriate license in accordance with city and state regulations.

2.

Each such establishment shall be inspected annually to verify that the land use continues to meet all applicable regulations. A fee for such annual inspection shall be imposed by the city.

3.

One sign, with a maximum area of twenty (20) square feet, shall be permitted on the property.

4.

The facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 17.14.090).

5.

No premises shall be utilized for a bed and breakfast operation unless there are at least two exits to the outdoors from such premises. Rooms utilized for sleeping shall have a minimum size of one hundred (100) square feet for two occupants with an additional thirty (30) square feet for each additional occupant to a maximum of four occupants per room. Each sleeping room used for the bed and breakfast operation shall have a separate operational smoke detector alarm, as required in the building code. One lavatory and bathing facility shall be required for every ten occupants, in addition to the owner/operator's personal facilities.

6.

The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the bed and breakfast operation is active.

7.

Only the meal of breakfast shall be served to overnight guests.

8.

The maximum stay for any occupants of bed and breakfast operations shall be fourteen (14) days.

9.

It shall be unlawful for any persons to operate a bed and breakfast operation as defined and as permitted in the Municipal Code of the city of Juneau without first having obtained a conditional use permit.

10.

Application Requirements: Applicants for a license to operate a bed and breakfast shall submit a floor plan of the single-family dwelling unit illustrating that the proposed operation will comply with the city zoning ordinance as amended, other applicable city codes and ordinances, and within the terms of this chapter.

11.

Consideration of Issuance: After application duly filed with the clerk for a license under this division, plan commission review and recommendation for a conditional use permit, the city council shall hold a public hearing and determine whether any further license shall be issued based upon the public convenience and necessity of the people in the city. In the city's determination of the number of bed and breakfast operations required to provide for such public convenience and necessity, the city shall consider the effect upon residential neighborhoods, conditions of existing holders of licenses, and the necessity of issuance of additional licenses for public service.

12.

Public Nuisance Violations: Bed and breakfast operations shall not be permitted whenever the operation endangers, or offends, or interferes with the safety or rights of others so as to constitute a nuisance.

13.

Suspension, Revocation and Renewal: Any license issued under the provisions of this chapter may be revoked by the city council for good cause shown after investigation and opportunity to the holder of such license to be heard in opposition thereto; in such investigation the compliance or noncompliance with the state law and local ordinances, the conduct of the licensee in regard to the public, and other consideration shall be weighed in determination of such issue.

(b)

Parking Requirements: One space per each bedroom.

13.

Group Day Care Center (nine or more children).

Description: Group 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, group day care centers are not considered as accessory uses and therefore require review as a separate land use.

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Section 17.14.090).

2.

Property owner's permission is required as part of the conditional use permit application.

(b)

Parking Requirements: One space per five students, plus one space for each employee on the largest work shift.

14.

Campground.

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

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 0.70 along all property borders abutting residentially zoned property (see Section 17.14.090).

(b)

Parking Requirements: One and one-half spaces per campsite.

15.

Boarding House.

Description: Boarding homes include any residential use renting rooms that do not contain private bathroom facilities (with the exception of approved bed and breakfast facilities).

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 17.14.090).

2.

Shall be located in an area of transition from residential land uses to nonresidential land uses.

(b)

Parking Requirements: One space per room for rent, plus one space per each employee on the largest work shift.

16.

Adult Entertainment Establishment.

See Chapter 17.05, Sections 17.05.010, 17.05.020, 17.05.030.

17.

Vehicle Repair and Maintenance Service.

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) entirely within an enclosed building.

(a)

Regulations:

1.

Storage of abandoned vehicles is prohibited.

2.

The facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (Section 17.14.090).

(b)

Parking Requirements: One space for each regular employee, plus one space for each two hundred fifty (250) square feet of floor area used for repair work.

18.

Artisan Studios.

Description: A building or portion thereof used for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use. An artisan 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.

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (Section 17.14.090).

(b)

Parking Requirements: One space per three hundred (300) square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

19.

Artisan Production Shops.

Description: An artisan production shop is an artisan studio used by more than three artists or artisans (see Section 17.09.050(D)(19)).

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (Section 17.14.090).

(b)

Parking Requirements: One space per three hundred (300) square feet of gross floor area. Adequate on-site parking is required for all customer and employee vehicles.

20.

Greenhouse-Commercial.

Description: Any business whose principal activity is the retail selling of plants or plant byproducts (including fruits and vegetables) that are either grown or stored within an enclosed building or structure constructed chiefly of glass or glasslike material, cloth, or other transparent material. Such uses also often involve the seasonal display of plants and related products outdoors.

(a)

Regulations:

1.

The display of items shall not be permitted in required landscaped areas or bufferyards (Sections 17.14.040 and 17.14.090).

2.

The display of items shall not be permitted within required setback areas for the principal structure.

3.

In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Section 17.12.040. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.

4.

Display areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

5.

Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

6.

The business shall provide a bufferyard with a minimum opacity of 0.60 along all borders of outdoor display areas abutting residentially zoned property (see Section 17.14.090).

(b)

Parking Requirements: One space per three hundred (300) square feet of gross floor area.

21.

Greenhouse-Wholesale.

Description: Any business whose principal activity is the wholesaling of plants or plant byproducts (including fruits and vegetables) that are grown on-site within an enclosed building or structure constructed chiefly of glass or glasslike material, cloth, or other transparent material. Such uses also often involve the seasonal display of plants and related products outdoors.

(a)

Regulations:

1.

All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials or products from view of non-industrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 (Section 17.14.090).

2.

The storage of items shall not be permitted in any permanently protected green space areas.

3.

The storage of items shall not be permitted in required frontage landscaping or bufferyard areas (Sections 17.14.040 and 17.14.090).

4.

In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Section 17.12.040. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

5.

Storage areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

6.

Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

7.

All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.

8.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 17.14.090).

9.

On-site composting shall be permitted, subject to the following:

a.

Compost areas shall be fully screened on all four sides.

b.

Composting shall comply with all county, state, and federal rules, regulations, and permitting requirements.

(b)

Parking Requirements: One space for every ten thousand (10,000) square feet of gross storage area, plus one space per each employee on the largest work shift.

E.

Storage or Disposal Land Uses.

1.

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 Section 17.09.050(H)(6), below.

(a)

Parking Requirements: One space per two thousand (2,000) sf of gross floor area.

2.

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, and in which any activity beyond loading and parking is located outdoors. Examples of this land use include contractors' storage yards, equipment yards, lumber yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. (See subsection (E)(4).)

(a)

Regulations:

1.

All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls and fencing shall be a minimum of eight feet in height and shall be designed to completely screen all stored materials from view of non-industrialized areas at an elevation of five feet above the grade of all adjacent properties and rights-of-way. Said walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of 0.80 (Section 17.14.090).

2.

The storage of items shall not be permitted in any permanently protected green space areas.

3.

The storage of items shall not be permitted in required frontage landscaping or bufferyard areas (Sections 17.14.040 and 17.14.090).

4.

In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Section 17.12.040. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

5.

Storage areas shall be separated from any vehicular parking or circulation area by a minimum of ten feet. This separation shall be clearly distinguished by a physical feature or barrier such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

6.

Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

7.

Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.

8.

Facility shall provide a bufferyard with a minimum opacity of 0.60 along all property borders abutting residentially zoned property (see Section 17.14.090).

9.

All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.

(b)

Parking Requirements: One space for every ten thousand (10,000) square feet of gross storage area, plus one space per each employee on the largest work shift.

3.

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."

(a)

Regulations:

1.

The facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.

2.

The facility shall provide a bufferyard with a minimum opacity of 0.80 along all property borders abutting residentially zoned property (see Section 17.14.090).

3.

No electrical power shall be run to the storage facilities, except for exterior lighting.

(b)

Parking Requirements: One space for each employee on the largest work shift.

4.

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 above-ground, outdoor storage and/or sale of waste paper, 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.

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Section 17.14.090).

2.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines.

3.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard area (Sections 17.14.040 and 17.14.090).

4.

Shall not involve the storage, handling, or collection of hazardous materials.

(b)

Parking Requirements: One space for every twenty thousand (20,000) square feet of gross storage area, plus one space for each employee on the largest work shift.

5.

Waste Disposal Facility.

Description: Waste disposal facilities are any areas used for the disposal of solid wastes including those defined by Wisconsin Statutes 289.01(33), but not including composting operations (see subsection (6), below).

(a)

Regulations:

1.

Shall comply with all county, state, and federal regulations.

2.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see Section 17.14.090).

3.

All buildings, structures, and activity areas shall be located a minimum of three hundred (300) feet from all lot lines.

4.

Operations shall not involve the on-site holding, storage, or disposal of hazardous materials in any manner.

5.

Required site plans shall include detailed site restoration plans, which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to one hundred ten (110) percent of the costs determined to be associated with said restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the zoning administrator), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for waste disposal facilities owned by public agencies.)

(b)

Parking Requirements: One space for each employee on the largest work shift.

6.

Composting Operation.

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

(a)

Regulations:

1.

Shall comply with all county, state, and federal regulations.

2.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by non-agricultural land uses (see Section 17.14.090).

3.

All buildings, structures, and activity areas shall be located a minimum of one hundred (100) feet from all lot lines.

4.

No food scraps or other vermin-attracting materials shall be processed, stored, or disposed of on-site.

5.

Operations shall not involve the on-site holding, storage, or disposal of hazardous wastes as defined by state statutes in any manner.

(b)

Parking Requirements: One space for each employee on the largest work shift.

F.

Transportation Land Uses.

1.

Off-Site Parking Lot.

Description: Off-site parking lots are any areas used for the temporary parking of vehicles that are fully registered, licensed, and operative.

(a)

Regulations:

1.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

2.

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 title shall occur only in conjunction with an approved airport or heliport.

(a)

Regulations:

1.

All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines.

2.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property not otherwise completely screened from activity areas by buildings or structures (see Section 17.14.090).

(b)

Parking Requirements: One space per each employee on the largest work shift, plus one space per every five passengers based on average daily ridership.

3.

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 trans-shipment.

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Section 17.14.090).

2.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines abutting residentially zoned property.

3.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas (see Sections 17.14.040 and 17.14.090).

(b)

Parking Requirements: One space per each employee on the largest work shift.

4.

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 Section 17.09.050(H)(6), below.

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all property borders abutting residentially zoned property (see Section 17.14.090).

2.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines abutting residentially zoned property.

3.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard area (see Sections 17.14.040 and 17.14.090).

(b)

Parking Requirements: One space per each employee on the largest work shift.

G.

Industrial Land Uses.

1.

Light Industrial.

Description: Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations) are: 1) conducted entirely within an enclosed building; 2) not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation that are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). Light industrial land uses may conduct retail sales activity as an accessory use provided that the use compiles with all requirements of Section 17.09.050(H)(6), below.

(a)

Regulations:

1.

All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

(b)

Parking Requirements: One space for each five hundred (500) square feet of principal building area.

2.

Heavy Industrial.

Description: Heavy industrial land uses are industrial facilities that 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 that are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). In other words, 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 that are detectable at the property line; and may involve materials that 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.

(a)

Regulations:

1.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned heavy industrial (see Section 17.14.090).

2.

All outdoor activity areas shall be located a minimum of one hundred (100) feet from residentially zoned property. No materials shall be stacked or otherwise stored so as to be visible over bufferyard screening elements.

(b)

Parking Requirements: One space for each five hundred (500) square feet of principal building area.

3.

Communication Tower.

Description: Communication towers include all free-standing 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.

(a)

Regulations:

1.

The tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property.

2.

The installation and continued maintenance of a bufferyard with a minimum opacity of 0.80 along property borders abutting residentially zoned property (see Section 17.14.090).

(b)

Parking Requirements: One space per employee on the largest work shift.

4.

Extraction Use.

Description: Extraction uses include 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.

(a)

Regulations:

1.

Approval must be received from the county prior to action by the city of Juneau, and shall comply with all county, state, and federal regulations.

2.

The facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see Section 17.14.090).

3.

All buildings, structures, and activity areas shall be located a minimum of three hundred (300) feet from all lot lines.

4.

Required site plans shall include detailed site restoration plans, which shall include, at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to one hundred ten (110) percent of the costs determined to be associated with said restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the zoning administrator), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition. (The requirement for said surety is waived for publicly-owned waste disposal facilities.)

(b)

Parking Requirements: One space per each employee on the largest work shift.

H.

Accessory Land Uses.

Accessory uses are land uses that are incidental to the principal activity conducted on the subject property. Only those accessory uses listed below shall be permitted within the jurisdiction of this title. With the exception of an upper storey dwelling unit (see (1), below), or a farm residence (see (2), below), in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complementary architectural style and with complementary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard.

1.

Upper Storey Dwelling Unit.

Description: Upper storey dwelling units are dwelling units that are located directly above the ground floor of a building used for an office, commercial, or institutional land use.

(a)

Regulations:

1.

The gross floor area devoted to upper storey dwelling units shall be counted toward the floor area of the nonresidential development.

(b)

Parking Requirements: A minimum of one off-street parking space shall be provided for each bedroom within an upper storey dwelling unit. Parking spaces provided by nonresidential land uses on the site may be counted for this requirement with the approval of the zoning administrator.

2.

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.

3.

Detached Residential Garage, Carport, Utility Shed, Play Structure, or Lawn Ornament.

Description: A detached private residential garage or carport is a structure used primarily to shelter parked passenger vehicles. A utility shed is a structure used primarily to store residential maintenance equipment for the subject property. Walks, drives, paved terraces, and purely decorative garden accessories such as pools, fountains, statuary, sun dials, flag poles, etc., shall be permitted in setback areas but not closer than three feet to an abutting property line other than a street line. For the purposes of this section, children's play structures, including play houses or elevated play structures and climbing gyms, shall be considered accessory structures and shall comply with the requirements of this section whether such play structures are placed on a foundation or not. Swing sets, slides, and sandboxes are not considered children's play structures for the purposes of this section. A building permit is not required for construction of a play structure. Play structures shall not be used for storage or be constructed out of materials that would constitute a nuisance. Detached residential garages, carports, utility sheds, play structures, and lawn ornaments may be located on the same lot as a residential unit or units, or on a separate lot in conjunction with a residential land use. See Section 17.20.010(B) for requirements applicable to legal, nonconforming garages. Detached garages, carports, and utility sheds in excess of one thousand (1,000) square feet of gross floor area, or that exceed thirty (30) percent coverage of the rear yard area, or that exceed the lot coverage of the principal structure, are not permitted in residential districts except as conditional uses as described in subsection (a)(2) below.

(a)

Regulations:

1.

The following will be permitted by right:

i.

Play structures and lawn ornaments.

ii.

One detached garage, carport, or utility shed less than or equal to seven hundred (700) square feet, plus one additional detached garage, carport, or utility shed less than or equal to one hundred (100) square feet; or

iii.

One detached garage, carport, or utility shed between seven hundred (700) and one thousand (1,000) square feet, with no additional accessory structures,

2.

A conditional use permit is required for any combination of structures or square footage exceeding the regulations in paragraphs (1)(ii) and (1)(iii) above.

3.

Any structure that does not meet the building code shall not be permitted for use as either a temporary or permanent accessory structure, except for play structures and utility sheds under forty (40) square feet of building coverage. Hard and soft canopy structures, with and/or without side walls, shall be considered as prohibited accessory structures and not as play structures, unless erected for less than five days.

4.

Company Cafeteria.

Description: A company cafeteria is a food service operation that provides food only to company employees and their guests, that 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.

5.

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.

(a)

Regulations:

1.

All structures and actively-used outdoor areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

2.

Facilities using night lighting shall require a conditional use permit.

3.

Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see Section 17.14.090). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.

6.

Outdoor Display Incidental to Indoor Sales and Service (more than twelve (12) days).

Description: See Section 17.09.050(D)(4).

(a)

Regulations:

1.

All uses shall comply with all conditions of Section 17.09.050(D)(4).

2.

The display area shall not exceed twenty-five (25) percent of the gross floor area of the principal building on the site.

7.

Indoor Sales Incidental to Storage or Light Industrial Land Use.

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

(a)

Regulations:

1.

Adequate parking, per the requirements of Chapter 17.12, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.

2.

The total area devoted to sales activity shall not exceed twenty-five (25) percent of the total area of the buildings on the property. Areas devoted to artisan studio uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed five thousand (5,000) square feet with the granting of a conditional use permit for such use.

3.

Restroom facilities shall be directly accessible from retail sales area.

4.

Retail sales area shall by physically separated by a wall from other activity areas.

8.

Light Industrial Activities Incidental to Indoor Sales and Service Land Use.

Description: These land uses include any light industrial activity conducted exclusively indoors that is incidental to a principal land use such as indoor sales and service, on the same site.

(a)

Regulations:

1.

The total area devoted to light industrial activity shall not exceed fifteen (15) percent of the total area of the buildings on the property, or five thousand (5,000) square feet, whichever is less.

2.

The production area shall be physically separated by a wall from other activity areas.

9.

Home Occupation.

Description: It is the intent of this section to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a business district. Approval of an expansion to a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. Home occupations are economic activities performed within any single-family detached residence. Examples include personal and professional services and handicrafts. Home occupation shall also comply with all of the following regulations:

(a)

Regulations:

1.

The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.

2.

There shall be no exterior alterations that change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

3.

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.

4.

No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

5.

Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed three square feet.

6.

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

7.

A permitted home occupation is restricted to a service-oriented business prohibiting the mass production of items or products or the sale of items or products on the premises. Examples of service-oriented businesses are, but are not limited to, computer programming, accounting, insurance agency and computer-based consulting and clerical services.

8.

A permitted home occupation shall not occupy more than twenty (20) percent of one floor of the dwelling.

9.

Persons employed by a permitted home occupation shall be limited to the resident family members and no more than one non-resident employee.

10.

Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

11.

The plan commission may approve home occupations in residential districts that do not meet standards (1) through (10), above, as conditional uses subject to the following:

a.

The types and number of equipment or machinery used on the conditional use site may be restricted by the plan commission.

b.

Sale or transfer of the property or expansion of the home occupation shall cause the conditional use permit to be null and void.

10.

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.

11.

Intermediate Day Care Home (nine to fifteen (15) children).

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

12.

Migrant Labor Camp.

[Description:] Migrant labor camps include any facility subject to the regulation of Wisconsin Statutes 103.90(3)(a).

(a)

Regulations:

1.

The use shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office, or business zoning districts (see Section 17.14.090).

2.

The migrant labor camp shall be an accessory use to an active principal use, under the same ownership, which is located within the city.

13.

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 that are fully registered, licensed, and operative.

(a)

Regulations:

1.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic.

14.

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 this chapter. Materials and lighting shall be oriented so as not to create a nuisance to neighboring property. All private residential recreational facilities and their attendant structures shall comply with the bulk requirements for accessory structures (see Section 17.04.100). Common examples of these accessory uses include swing sets, tree houses, basketball courts, tennis courts, swimming pools, and recreation-type equipment.

(a)

Regulations:

1.

Swimming pools shall be regulated by state law, including the Uniform Dwelling Code, and by Section 17.24.020 of this title.

2.

Treehouses and similar platforms shall not exceed a platform height of eight feet and shall be setback twice their elevation from any property line.

15.

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.

(a)

Regulations:

1.

A minimum lot area of one hundred seventy-five thousand (175,000) square feet (four acres) is required for a private residential stable.

2.

A maximum of one horse per two acres of fully enclosed (by fencing and/or structures) area is permitted.

3.

Outdoor containments for animals shall be located a minimum of twenty-five (25) feet from any residentially zoned property.

4.

The minimum permitted size of horse or similar animal stall shall be one hundred (100) square feet.

16.

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.

(a)

Regulations:

1.

All drainage improvements shall comply with the city of Juneau's Stormwater Ordinance.

17.

Filling.

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

(a)

Regulations:

1.

Filling shall not result in drainage onto other properties.

2.

Filling shall not impede on-site drainage.

3.

All filling activities shall comply with provisions of the Subdivision Ordinance.

18.

Lawn Care.

Description: Lawn care includes any activity involving the preparation of the ground and installation and maintenance of vegetative ground cover (including gardens), which complies with the city of Juneau Code of Ordinances.

19.

Individual Septic Disposal System.

Description: This land use includes any state-enabled, county-approved septic disposal system.

(a)

Regulations:

1.

Requires a minimum lot size of 0.5 acres.

20.

Exterior Communication Devices.

Description: This land use includes any antennas used for communication reception (e.g., satellite dishes, ham radio towers, TV antennas).

(a)

Regulations:

1.

See Section 17.24.030.

21.

Caretaker's Residence.

Description: This land use includes any residential unit that provides permanent housing for a caretaker of the subject property in either an attached or detached configuration.

(a)

Regulations:

1.

The residence shall provide housing only for the on-site caretaker and family.

22.

In-Family Suite.

Description: The in-family suite is an area within a dwelling unit that may contain a separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas, including exterior porches, patios, and decks. In addition to the required internal physical connection, separate outdoor access or separate access to the garage may be provided. However, external stairs serving as the primary access to the in-family suits are prohibited.

(a)

Regulations:

1.

The dwelling unit and the in-family suite shall together appear as a single-family dwelling. A separate walled garage area or driveway is not permitted.

2.

A separate address for the in-family suite is not permitted.

3.

A separate utility connection or meters are not permitted.

4.

A physical all-weather connection between the main living area and the in-family suite must be present. This required connection may not occur through an attic, basement, garage, porch, or other non-living area. A door may be used to separate the in-family suite from the rest of the dwelling unit, but may not be locking, except that a locking door may be used for the bedroom and bathroom doors of the in-family suite.

5.

The in-family suites may not be occupied by a non-family member.

6.

In-family suites should be considered and regulated as part of a single-family dwelling unit.

7.

When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an in-family suite, the building plan shall be marked as "Not a separate dwelling unit nor apartment," and a signed letter from the applicant stating agreement with this condition shall be filed.

23.

Drive in Sales and Service Incidental to On-Site Principal Land Use.

Description: See Section 17.09.050(D)(7).

(a)

Regulations:

1.

These uses shall comply with all conditions of Section 17.09.050(D)(7).

I.

Temporary Uses.

1.

General Temporary Outdoor Sales.

Description: Includes the display of any items outside the confines of a building that is not otherwise permitted as a permitted or conditional use, or a special event otherwise regulated by the city Municipal Code. Examples of this land use include but are not limited to: Seasonal garden shops, tent sales, bratwurst stands, and garage sales; however, up to two garage sales are exempt from the provisions of this section.

(a)

Temporary Use Regulations:

1.

Display shall be limited to a maximum of twelve (12) days in any calendar year.

2.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

3.

Signage shall comply with the requirements for temporary signs in Chapter 17.16.

4.

Adequate parking shall be provided.

5.

If the subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

2.

Outdoor Assembly.

Description: Includes any organized outdoor assembly of more than one hundred (100) persons.

(a)

Temporary Use Regulations:

1.

Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

2.

Signage shall comply with the requirements for temporary signs in Chapter 17.16.

3.

Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application.

4.

If subject property is located adjacent to a residential area, activities shall be limited to daylight hours.

5.

Adequate provisions for crowd control shall be made, and shall be described within the application.

3.

Contractor's Project Office.

Description: Includes any structure containing an on-site construction management office for an active construction project.

(a)

Temporary Use Regulations:

1.

Structure shall not exceed two thousand (2,000) square feet in gross floor area.

2.

Facility shall be removed within ten days of issuance of occupancy permit.

3.

Shall not be used for sales activity. (See subsection (I)(6), below.)

4.

Projects requiring this land use to be in place for more than three hundred sixty-five (365) days shall require a conditional use permit.

4.

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.

(a)

Temporary Use Regulations:

1.

The facility shall be removed within ten days of issuance of the final occupancy permit for the development project.

2.

Projects requiring this land use to be in place for more than three hundred sixty-five (365) days shall require a conditional use permit.

3.

The facility shall be limited to a maximum area not exceeding ten percent of the property's gross site area.

5.

Relocatable Building.

Description: Includes any manufactured building that 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 Sections 17.04.210, 17.04.230, and 17.04.240.

(a)

Temporary Use Regulations:

1.

The building shall conform to all setback regulations.

2.

The building shall conform to all building code regulations.

6.

On-Site Real Estate Sales Office.

Description: Includes any building that serves as an on-site sales office for a development project.

(a)

Temporary Use Regulations:

1.

The structure shall not exceed five thousand (5,000) square feet in gross floor area.

2.

The facility shall be removed or converted to a permitted land use within ten days of the completion of sales activity.

3.

Signage shall comply with the requirements for temporary signs in Chapter 17.16.

4.

Projects requiring this land use to be in place for more than three hundred sixty-five (365) days shall require a conditional use permit.

7.

Outdoor Sales of Farm Products.

Description: Includes any outdoor display of farm products not otherwise regulated by the city of Juneau Code of Ordinances.

(a)

Temporary Use Regulations:

1.

Display shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances.

2.

Signage shall comply with the requirements for temporary signs in Chapter 17.16.

3.

Adequate parking shall be provided.

4.

If the subject property is located adjacent to a residential area, sales and display activities shall be limited to daylight hours.

(Ord. No. 170-2009, § 91, 10-22-2009; Ord. No. 183-2009, § 91, 4-13-2010; Ord. No. 186-2010, §§ 30—39, 8-26-2010)

A.

Definition.

1.

A group development is any development containing any or all of the following:

(a)

Two or more structures containing principal land uses on the same lot; and/or

(b)

Any single structure on a single lot that contains five or more dwelling units or two or more non-residential uses.

2.

A large development is any development containing any single structure or combination of structures on the same property devoted to institutional, commercial, or mixed residential and non-residential land uses comprised of more than ten thousand (10,000) gross square feet of floor area

3.

Common examples of group development include apartment complexes with more than five units, condominium complexes with more than five units, strip centers, shopping centers, office centers, and multi-tenant industrial buildings. Single-tenant commercial or office buildings, one-tenant industrial buildings, four-unit apartment buildings, and all planned developments are not considered group developments even though such developments may contain parcels under common ownership.

4.

Common examples of large development includes include single-tenant institutional, commercial, or mixed use buildings in excess of ten thousand (10,000) gross square feet, such as retail stores, restaurants, daycares, schools, or churches.

5.

Common examples of developments that are both group developments and large developments include multi-tenant, non-residential buildings that are in excess of ten thousand (10,000) gross square feet, and any multi-building developments in which the combined total of all structures on a site, regardless of diverse ownership, use, or tenancy, combine to exceed ten thousand (10,000) gross square feet.

6.

The conditions that follow for group and/or large developments shall also be applied to the entire building and site in instances where building additions bring the total gross square footage to over ten thousand (10,000) square feet. Such conditions shall apply to both the building additions and to older portions of the building(s) and the site that were constructed prior to the adoption of this section.

B.

Land Use Regulations.

1.

All group and/or large developments shall require conditional use approval.

2.

Any land use allowed as a permitted-by-right land use or as a conditional land use within the applicable zoning district is permitted to locate within a group or large development. The detailed land use regulations in Section 17.09.050 of this chapter that pertain to individual land uses shall also apply to individual land uses within a group or large development, as will all other applicable provisions of this title. Therefore, land uses permitted by right in the applicable zoning district shall be permitted by right within an approved group and/or large development, unless otherwise restricted by the conditions of approval imposed during the conditional use approval for the group or large development as a whole. Land uses permitted as a conditional use within the applicable zoning district shall be permitted within the group and/or large development only with conditional use approval for the specific use.

C.

Regulations Applicable to All Group and to All Large Developments. In all cases, the following conditional use conditions shall be applied to the group and/or large development as a whole, as well as to individual uses within the group and/or large development:

1.

Subject to Conditional Use and Design Review Processes. All group and/or large developments shall be subject to the city of Juneau site design review and approval process. The application shall demonstrate how the proposed development relates to each of the following criteria:

(a)

Is consistent with the recommendations and forwards the objectives of adopted city planning documents;

(b)

Complements the design and layout of nearby buildings and developments; and

(c)

Enhances, rather than detracts from, the desired character of the city.

2.

General Layout and Future Divisibility. All development located within a group and/or large development shall be located so as to comply with the intent of the Zoning Ordinance regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group and/or large developments shall be situated within building envelopes that serve to demonstrate complete compliance with said intent. Said building envelopes shall be depicted on the site plan required for review of group and/or large developments. The use of this approach to designing group and/or large developments will also ensure the facilitation of subdividing group and/or large developments in the future, (if such action is so desired).

3.

Building Materials. Exterior building materials shall be of comparable aesthetic quality on all sides. Building materials such as glass, brick, tinted and decorative concrete block, stone, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as may vinyl on a portion of residential structures, as determined appropriate by the plan commission. Decorative architectural metal or decorative tilt-up concrete panels may be approved if incorporated into the overall design of the building.

4.

Overall Building Design. Building design shall be subject to plan commission approval, and shall forward the aesthetic objectives of the city for the community, the vicinity, and the subject property.

5.

Building Entrances. Public building entryways shall be clearly defined and highly visible on the building's exterior design, and shall be emphasized by on-site traffic flow patterns. Two or more of the following design features shall be incorporated into all public building entryways: canopies or porticos, overhangs, projections, arcades, peaked roof forms, arches, outdoor patios, display windows, distinct architectural details. Where additional stores will be located in the principal building, each such store shall have at least one exterior customer entrance that shall conform to the above requirements.

6.

Building Color. Building facade colors shall be compatible with the surrounding areas and shall be non-reflective, subtle, neutral, or earth tone, as judged by the plan commission. Building trim and architectural accent elements may feature bright colors or black, but such colors shall be muted, not metallic, not fluorescent, and not specific to particular uses or tenants. Standard corporate and trademark colors shall be permitted only on signage, subject to the limitations in Chapter 17.16 of the Zoning Ordinance.

7.

Screening.

(a)

All ground-mounted and wall-mounted mechanical equipment, refuse containers, and any permitted outdoor storage shall be fully concealed from on-site and off-site ground level views, with materials identical to those used on the building exterior.

(b)

All rooftop mechanical equipment shall be screened by parapets, upper stories, or other areas of exterior walls. The lowest point on the top of such screening elements shall be at least as high as the point on any mechanical equipment. Fences or similar rooftop screening devices may not be used to meet this requirement.

(c)

Loading docks shall be completely screened from surrounding roads and properties. Said screening may be accomplished through loading areas internal to buildings, screen walls, which match the building exterior in materials and design, fully opaque landscaping at time of planting, or combinations of the above.

(d)

Gates and fencing may be used for security and access, but not for screening, and they shall be of high aesthetic quality. Decorative metal picket fencing and screening is acceptable. Chain link, wire mesh, or wood fencing is unacceptable. Decorative, heavy-duty wood gates may be used.

8.

Roadway Connections.

(a)

All nonresidential projects shall have direct access to an arterial street, or to a collector level street deemed appropriate by the plan commission.

(b)

Vehicle access shall be designed to accommodate peak on-site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices; and sidewalks.

(c)

The site design shall provide direct connections to adjacent land uses if required by the city.

9.

Parking.

(a)

Parking lot designs in which the number of spaces exceeds the minimum number of parking spaces required in Section 17.12.040 of this ordinance by fifty (50) percent shall be allowed only with specific and reasonable justification.

(b)

Parking lot design shall employ interior, curbed landscaped islands at all parking aisle ends. In addition, the project shall provide landscaped islands within each parking aisle spaced at intervals no greater than one island per every twelve (12) spaces in that aisle. Islands at the ends of aisles shall count toward meeting this requirement. Each required landscaped island shall be a minimum of three hundred sixty (360) square feet in landscaped area.

(c)

Landscaped and curbed medians, a minimum of ten feet in width from back-of-curb to back-of-curb, shall be used to create distinct parking areas of no more than one hundred twenty (120) parking stalls.

10.

Bicycle and Pedestrian Facilities.

(a)

The entire development shall provide for safe pedestrian and bicycle access to all uses within the development, connections to existing and planned public pedestrian and bicycle facilities, and connections to adjacent properties.

(b)

Pedestrian walkways shall be provided from all building entrances to existing or planned public sidewalks or pedestrian/bike facilities. The minimum width for sidewalks adjacent to buildings shall be ten feet; and the minimum width for sidewalks elsewhere in the development shall be five feet.

(c)

Sidewalks other than street sidewalks or building aprons shall have adjoining landscaping along at least fifty (50) percent of their length. Such landscape shall match the landscaping used for the street frontages.

(d)

Crosswalks shall be distinguished from driving surfaces to enhance pedestrian safety by using different pavement materials, pavement color, pavement textures, and signage.

(e)

The development shall provide secure, integrated bicycle parking at a rate of one bicycle rack space for every fifty (50) vehicle parking spaces.

(f)

The development shall provide exterior pedestrian furniture in appropriate locations at a minimum rate of one seat for every ten thousand (10,000) square feet of gross floor area.

(g)

The development shall provide interior pedestrian furniture in appropriate locations at a minimum rate of one bench seat for every ten thousand (10,000) square feet of gross floor area. Seating in food service areas, or other areas where food or merchandise purchasing activities occur shall not count toward this requirement. A minimum of four seats shall be located within the store, with a clear view through exit doors to a passenger pick-up or drop-off area.

11.

Central Areas and Features. Each development exceeding twenty thousand (20,000) square feet in total gross floor area shall provide central area(s) or feature(s) such as a patio/seating area, pedestrian plaza with benches, outdoor playground area, water feature, and/or other such deliberately designated areas or focal points that adequately enhance the development or community. All such areas shall be openly accessible to the public, connected to the public and private sidewalk system, designed with materials compatible with the building and remainder of the site, and shall be maintained over the life of the building project.

12.

Cart Returns. A minimum of one two hundred (200) square foot cart return area shall be provided for every one hundred (100) parking spaces. Cart corrals shall be of durable, non-rusting, all season construction, and shall be designed and colored to be compatible with the building and parking lot light standards. There shall be no exterior cart return or cart storage areas located within twenty-five (25) feet of the building.

13.

Outdoor Display Areas. Exterior display areas shall be permitted only where clearly depicted on the approved site plan. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten feet. Display areas on building aprons must maintain a minimum walkway width of ten feet between the display items and any vehicle drives.

14.

Outdoor Storage Uses and Areas. Exterior storage structures or uses, including the parking or storage of vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items shall be permitted only where clearly depicted and labeled on the approved site plan.

15.

Landscaping. On-site landscaping shall be provided at time of building occupancy and maintained per the city's landscaping requirements (see Chapter 17.14).

16.

Lighting. On-site exterior lighting shall meet the following standards:

(a)

Total cut-off luminaries with angles of less than ninety (90) degrees shall be required for all pole and building security lighting to ensure no fugitive up lighting occurs.

(b)

At a minimum, as measured over ambient lighting conditions on a clear night, exterior lighting shall not exceed more than 0.5 footcandles above ambient levels along all property lines, and shall not exceed an average illumination level of 2.4 footcandles nor provide below a minimum of 0.2 footcandles in public parking and pedestrian areas.

(c)

The color and design of pole lighting standards shall be compatible with the building and the city's public lighting in the area, and shall be uniform throughout the entire development site. The maximum height for all poles shall be twenty (20) feet.

17.

Signage. The plan for exterior signage shall provide for modest, coordinated, and complementary exterior sign locations, configurations, and color throughout the development, including outlots. All freestanding signage within the development shall complement on-building signage. Monument style ground signs are required, and shall not exceed a height of eight feet. Consolidated signs for multiple users may be required instead of multiple individual signs. The city may require the use of muted corporate colors on signage if proposed colors are not compatible with the city's design objectives for the area. The use of logos, slogans, symbols, patterns, striping and other markings, and colors associated with a franchise or chain is permitted, and shall be considered as contributing to the number and area of permitted signs.

18.

Noise. Noise associated with activities at the site shall not create a nuisance to nearby properties.

19.

Natural Resources Protection. Existing natural features shall be integrated into the site design as a site and community amenity. Maintenance of any storm water detention or conveyance features are solely borne by the developer/owner unless dedicated and accepted by the city.

20.

Policy on Vacation of Existing Sites. Where such a building is proposed as a replacement location for a business already located within the city, the city shall prohibit any privately imposed limits on the type or reuse of the previously occupied building through conditions of sale or lease.

D.

Additional Rules (Beyond those Required in Section 17.09.060(C)) Applicable to All Large Developments (exceeding ten thousand (10,000) gross square feet).

1.

Compatibility Report is Required. The applicant shall provide, through a written compatibility report submitted with the petition for a conditional use permit or rezoning application for the PD district, adequate evidence that the proposed building and overall development project shall be compatible with the city's comprehensive plan and any detailed neighborhood plan for the area. The compatibility report shall specifically address the following items:

(a)

A description of how the proposed development is compatible with adopted city plans, including the comprehensive plan, detailed neighborhood plans, and other plans officially adopted by the city;

(b)

A completed transportation and traffic impact analysis in a format acceptable to the State of Wisconsin Department of Transportation. The applicant shall provide adequate funding to the city to hire a traffic engineer of the city's choice to complete and present a traffic impact analysis following Wisconsin Department of Transportation guidelines. The traffic impact analysis shall consider the parking lot one hundred (100) percent full for level of service analysis. Where the project will cause off-site public roads, intersections, or interchanges to function below level of service C, as defined by the Institute of Transportation Engineers, the city may deny the application, require a size reduction in the proposed development, or require that the developer construct and/or pay for required off-site improvements.

2.

Building Location is Compatible with Detailed Neighborhood Plan. Where buildings are proposed to be distant from a public street, as determined by the plan commission, the overall development design shall include smaller buildings on pads or out lots closer to the street. Placement and orientation must facilitate appropriate land use transitions and appropriate traffic flow to adjoining roads and neighboring commercial areas and neighborhoods, and must forward community character objectives as described in the city's comprehensive plan. In the absence of an adopted detailed neighborhood plan or preliminary plat for the subject property, the conditional use or planned development application for development exceeding ten thousand (10,000) square feet in total gross floor area of all combined buildings within the development shall be accompanied or preceded by a new city-approved detailed neighborhood plan or preliminary plat for all areas within one thousand five hundred (1,500) feet of the subject property, as measured from the outer perimeter of the subject property or group of properties proposed for development, and other nearby lands as determined by the plan commission and city council to be part of the neighborhood. The detailed neighborhood plan or preliminary plat shall clearly demonstrate the provision of land use, multi-modal transportation, utility, stormwater management and community character components, and patterns that clearly forward the objectives of the city's comprehensive plan, as determined by the plan commission. The detailed neighborhood plan or preliminary plat shall contain the following specific elements at a scale of not less than one inch equals four hundred (400) feet:

(a)

Land use with specific zoning districts and/or land uses;

(b)

Transitional treatments such as berms and/or landscaping between areas with differing land uses or character;

(c)

Complete public road network;

(d)

Pedestrian and bicycle network;

(e)

Conceptual stormwater management network;

(f)

Public facility sites including parks, schools, conservation areas, public safety facilities and public utility facilities;

(g)

Recommendations for community character themes including building materials, landscaping, streetscaping and signage.

3.

Overall Building Design. The building exterior shall complement other buildings in the vicinity, and shall be of a design determined appropriate by the plan commission:

(a)

The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent size and scale of the building.

(b)

A minimum of twenty (20) percent of the structure's façades that are visible from a public street shall employ actual protrusions or recesses with a depth of at least six feet. No uninterrupted façade shall extend more than one hundred (100) feet.

(c)

A minimum of twenty (20) percent of all of the combined linear roof eave or parapet lines of the structure shall employ differences in height, with such differences being six feet or more as measured eave to eave or parapet to parapet.

(d)

Roofs with particular slopes may be required by the city to complement existing buildings or otherwise establish a particular aesthetic objective.

(e)

Ground floor facades that face public streets shall have arcades (a series of outdoor spaces located under a roof or overhang and supported by columns or arches), display windows, entry areas, awnings, or other such features along no less than sixty (60) percent of their horizontal length. The integration of windows into building design is required, and shall be transparent, clear glass (not tinted) between three to eight feet above the walkway along any façades facing a public street. The use of blinds shall be acceptable where there is a desire for opacity.

(f)

Building facades shall include a repeating pattern that includes no less than three of the following elements: (i) color change, (ii) texture change, (iii) material modular change, (iv) expression of architectural or structural bay through a change in plane no less than twenty-four (24) inches in width, such as an offset, reveal or projecting rib. At least one of these elements shall repeat horizontally. All elements shall repeat at intervals of no more than thirty (30) feet, either horizontally or vertically.

(g)

Landscaped Berm. For development exceeding twenty thousand (20,000) square feet in total gross floor area, and where the subject property abuts an area zoned or planned for residential, institutional, or office use, a minimum six-foot high berm shall be provided. The berm shall be planted with a double row of white, green or blue spruce plantings, or similar species and varieties approved by the city, spaced fifteen (15) feet on center.

(h)

Building and Parking Placement. A maximum of seventy-five (75) percent of all parking spaces located anywhere on the site shall be located between the primary street frontage right-of-way line and line of equal setback to the most distant front wall of the building. The remainder of parking on the site shall be set back a greater distance from this setback line to the sides and rear of the building.

E.

Discrimination Against Condominium Forms of Ownership. It is not the intent of this section, nor any other provision of this chapter, to discriminate against condominium forms of ownership in any manner that conflicts with Wisconsin Statutes 703.27. As such, the provisions of this section are designed to ensure that condominium forms of ownership are subject to the same standards and procedures of review and development as other physically identical forms of development.

(Ord. No. 170-2009, § 91, 10-22-2009; Ord. No. 183-2009, § 91, 4-13-2010)