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Mount Pleasant City Zoning Code

ARTICLE 300

Uses

§ 90-310.10 Use Table.

[Ord. No. 19-2020, 6-8-2020]
Principal uses are allowed in accordance with Table 90-310-1.

§ 90-310.20 Interpretation of Use Table.

[Ord. No. 19-2020, 6-8-2020]
(a) 
Use classification system. Uses are listed in the first column of Table 90-310-1. This zoning chapter classifies uses into categories and subcategories, as explained in Division 90-320. In some cases, specific use types are listed in addition to the use categories and subcategories.
(b) 
Permitted uses. Uses identified with a "090 Callout P.tif" are permitted as-of-right in the subject zoning district, subject to compliance with any supplemental regulations identified in the final column of Table 90-310-1 and with all other applicable regulations of this zoning chapter.
(c) 
Conditional uses. Uses identified with a "090 Callout C Circle.tif" are allowed only if reviewed and approved in accordance with the conditional use procedures of Division 90-550.
(d) 
Prohibited uses. Uses identified with a "–" are expressly prohibited. Uses that are not listed in the Table and that cannot be reasonably interpreted (as stated in § 90-320.50) to fall within any defined use category or subcategory are also prohibited.
(e) 
Uses prohibited on ground floor of building. Uses identified with a "↑" are allowed in the subject zoning district but only when located above the ground-floor. Such uses are prohibited on the ground floor.
(f) 
Reference. The final (Reference) column of Table 90-310-1 includes a cross-reference to the use definition and any applicable supplemental use regulations that apply to the use. Unless otherwise expressly stated, compliance with supplemental use regulations is required regardless of whether the use is permitted as-of-right or requires conditional use approval. Bracketed numbers also refer to use-specific conditions, which are included as footnotes immediately following the Use Table.
(g) 
Accessory use. Only a limited number commonplace accessory uses are identified by Table 90-310-1. Other customary accessory uses may be allowed in conjunction with principal uses permitted by right or by conditional use approval, subject to compliance with all applicable accessory use regulations of Division 90-330.
Table 90-310-1: Use Table
P = Permitted by-right
C = Conditional use
^= Upper story only
- = Prohibited use
USE CATEGORY
Residential
Mixed-Use
Commercial
Public
Agricul.
Description and supplemental regulations
Use subcategory
RE
RL
RM RH
MX1
MX2
MX3
MX4
C1
C2
C3
C4
C5
P1
P2
AG1
AG2
Specific Use Type
RESIDENTIAL
Household living
Single household (per lot)
P
P
P
P^
P^
P^
P^
P
P^
P^
-
-
-
-
P
P
Two households (per lot)
-
P
P
P^
P^
P^
P^
P
P^
P^
-
-
-
-
P
P
Three or more households (per lot)
-
-
P
P^
P^
P^
P^
P^
P^
P^
-
-
-
-
-
-
Group living
Community living arrangement (up to 8 residents)
P
P
P
P^
P^
P^
P^
P^
P^
P^
-
-
-
-
P
P
Community living arrangement (9 to 15 residents)
-
-
P
P^
P^
P^
P^
P^
P^
P^
-
-
-
-
-
-
Community living arrangement (over 16 residents)
-
-
C
C^
C^
C^
C^
C^
C^
C^
-
-
-
-
-
-
Institutional residential
-
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
PUBLIC/CIVIC
Airport
-
-
-
-
-
-
-
-
-
-
-
P
-
P
-
-
Cemetery
-
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
Club or lodge
C
C
C
-
-
-
-
P
P
P
-
-
C
C
-
-
College or university
-
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
Detention or correctional facility
-
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
Governmental service
C
C
C
-
-
-
P
P
P
P
-
-
P
P
C
C
Hospital
-
-
-
-
-
-
-
-
-
-
-
-
-
P
-
-
Library or cultural exhibit
C
C
C
-
-
-
-
-
-
-
-
-
P
P
-
-
Natural resource preservation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Parks and recreation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Religious assembly
C
C
C
C
C
P
P
C
C
C
-
-
P
P
C
C
Safety service
C
C
C
C
C
C
P
C
C
P
P
P
P
P
P
P
School
-
-
-
-
-
-
-
-
-
-
-
-
P
P
-
-
Utilities and public services, minor
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Utilities and public services, major
-
-
-
-
-
-
-
-
-
-
P
P
-
P
-
P
COMMERCIAL
Animal service
Boarding
-
-
-
-
-
-
C
-
C
P
P
-
-
-
C
P
Grooming
-
-
-
-
-
P
P
P
P
P
P
-
-
-
-
-
Veterinary
-
-
-
-
C
P
P
C
P
P
P
-
-
-
-
-
Assembly or entertainment
Type 1
-
-
-
-
-
P
P
P
P
P
P
-
-
-
-
-
Type 2
-
-
-
-
-
P
P
-
-
P
P
-
-
-
-
-
Business or trade school
Indoor
-
-
-
-
-
-
-
-
P
P
P
-
P
P
-
-
Outdoor
-
-
-
-
-
-
-
-
-
P
P
-
-
P
-
-
Commercial service
-
-
-
-
-
-
-
P
P
P
P
-
-
-
-
-
Day care
Adult day care
-
-
-
-
-
P
P
-
P
P
-
-
P
P
-
-
Family day-care home
P
P
P
-
-
-
-
-
P
-
-
-
-
-
P
P
Day-care center (up to 30 enrollees)
-
-
P
-
-
P
P
-
P
P
-
-
P
P
-
-
Day-care center (more than 30 enrollees)
-
-
-
-
-
P
P
-
P
P
-
-
C
P
-
-
Financial service
Convenient cash business
-
-
-
-
-
-
-
C
C
P
-
-
-
-
-
-
All other financial services
-
-
-
-
P
P
P
P
P
P
P
-
-
-
-
-
Funeral or mortuary service
-
-
-
-
-
-
-
-
P
P
P
-
-
-
-
-
Lodging
Bed-and-breakfast inn
P
P
P
-
-
-
-
-
-
-
-
-
-
-
P
P
Hotel or motel
-
-
-
-
-
P
P
-
P
P
-
-
-
-
-
-
Short-term rental
P
P
P
P
P
P
P
P
P
P
-
-
-
-
P
P
Office
Business or professional
-
-
-
-
P
P
P
P
P
P
P
P
-
-
-
-
Medical or health practitioner (including clinics)
-
-
-
-
P
P
P
P
P
P
P
-
-
-
-
-
Parking, nonaccessory
P
P
P
-
-
P
P
-
-
P
-
P
C
-
-
-
Restaurants and bars
Restaurant
-
-
-
P
P
P
P
P
P
P
-
-
-
-
-
-
Bar
-
-
-
-
P
P
P
P
P
P
-
-
-
-
-
-
Small-batch alcohol producers
-
-
-
P
P
P
P
P
P
P
P
-
-
-
-
-
Retail sales
Consumer shopping and convenience goods
-
-
-
-
P
P
P
P
P
P
-
-
-
-
-
-
Building supplies and equipment
-
-
-
-
-
-
P
-
-
P
P
-
-
-
-
-
Self-service storage
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
Sexually oriented business
-
-
-
-
-
-
-
-
-
-
P
P
-
-
-
-
Sports and recreation, participant
Indoor
-
-
-
-
-
P
P
-
P
P
-
-
-
-
-
-
Outdoor
-
-
-
-
-
-
P
-
-
P
-
-
-
-
-
-
Vehicle sales and service
Commercial vehicle repair/maintenance
-
-
-
-
-
-
-
-
C
C
P
-
-
-
-
-
Commercial vehicle sales or rental
-
-
-
-
-
-
-
-
C
C
P
-
-
-
-
-
Fuel sales
-
-
-
-
-
P
P
-
C
P
P
-
-
-
-
-
Personal vehicle repair/maintenance
-
-
-
-
-
C
P
-
C
P
P
-
-
-
-
-
Personal vehicle sales or rental
-
-
-
-
-
C
P
-
C
P
P
-
-
-
-
-
Truck stop
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
-
Vehicle body and paint finishing shop
-
-
-
-
-
-
-
-
-
C
P
-
-
-
-
-
INDUSTRIAL
Junk/salvage yard
-
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
Manufacturing, production and industrial service
Artisan
-
-
-
-
-
P
P
P
P
P
P
P
-
-
P
P
Limited
-
-
-
-
-
-
-
-
-
P
P
P
-
-
-
-
General
-
-
-
-
-
-
-
-
-
-
P
P
-
-
-
-
Intensive
-
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
Mining/quarrying
-
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
Warehousing, wholesaling, freight movement
Indoor
-
-
-
-
-
-
-
-
-
P
P
P
-
-
-
-
Outdoor
-
-
-
-
-
-
-
-
-
-
P
P
-
-
-
-
Waste-related use
-
-
-
-
-
-
-
-
-
-
-
P
-
-
-
-
AGRICULTURE
Agritourism
-
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
Community garden
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
Crop agriculture
P
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
Horses, livestock and farm animals (keeping/raising)
P
-
-
-
-
-
-
-
-
-
-
-
-
-
P
P
§ 90-320.100(d); Division 90-340
OTHER
Drive-in or drive-through establishment
-
-
-
-
-
P
-
-
C
P
P
P
-
-
-
-
Accessory uses (major)
Backyard cottage
P
P
P
-
-
-
-
-
-
-
-
-
-
-
P
P
§ 90-110.140
Home occupation
P
P
P
P
P
P
P
P
P
-
-
-
-
-
P
P
Secondary suite
P
P
P
-
-
-
-
-
-
-
-
-
-
-
P
P

§ 90-320.10 Description of system.

[Ord. No. 19-2020, 6-8-2020]
This division describes the system used to classify and define principal uses in this zoning chapter.

§ 90-320.20 Use categories.

[Ord. No. 19-2020, 6-8-2020]
This zoning chapter classifies principal land uses into seven major groupings. These major groupings are referred to as "use categories." The use categories are as follows:
(a) 
Residential. (See § 90-320.60.)
(b) 
Public and civic. (See § 90-320.70.)
(c) 
Commercial. (See § 90-320.80.)
(d) 
Industrial. (See § 90-320.90.)
(e) 
Agricultural. (See § 90-320.100.)
(f) 
Other. (See § 90-320.110.)

§ 90-320.30 Use subcategories.

[Ord. No. 19-2020, 6-8-2020]
Each use category is further divided into more specific subcategories. Use subcategories classify principal land uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, and how goods or services are sold or delivered and site conditions.

§ 90-320.40 Specific use types.

[Ord. No. 19-2020, 6-8-2020]
Some use subcategories are further broken down to identify specific types of uses that are regulated differently than the subcategory as a whole.

§ 90-320.50 Classification of uses.

[Ord. No. 19-2020, 6-8-2020]
The Community Development Director is authorized to assign proposed land uses to the appropriate category and subcategory based on the provisions of this division. In doing so, the Community Development Director is authorized to determine the most similar and thus most appropriate use category, subcategory or specific use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory and specific use type descriptions provided in this division. In making such determinations, the Community Development Director must consider:
(a) 
The types of activities that typically occur in conjunction with the use;
(b) 
The types of equipment and processes to be used;
(c) 
The existence, number and frequency of residents, customers or employees;
(d) 
Parking demands of the use; and
(e) 
Other factors deemed relevant to a use determination.

§ 90-320.60 Residential uses.

[Ord. No. 19-2020, 6-8-2020]
The residential use category includes uses that provide for long-term residential occupancy by individual households or by groups of people living together in a nonhousehold setting.
(a) 
Household living. Household living is residential occupancy of a dwelling unit by a single household for tenancy periods of 29 consecutive days or more, including single-household, two-household, three-household, and three-or-more-household uses.
(1) 
Specific household living use types.
a. 
Single household: one principal dwelling unit on a single lot, which may also include an accessory dwelling unit in the form of a secondary suite or backyard cottage, if allowed by the subject zoning district.
b. 
Two households: two principal dwelling units on a single lot.
c. 
Three or more households: three or more principal dwelling units occupying a single building on a single lot.
(b) 
Group living. Group living is residential occupancy of a building or any portion of a building by a group other than a household. Tenancy is typically arranged on a long-term (29 consecutive days or longer) basis. Buildings or spaces occupied by group living uses contain individual rooms with private or shared bathroom facilities and may also contain shared kitchen facilities, and/or common dining and living areas for residents. Residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. Examples of group living uses include fraternities, sororities, convents, monasteries, nursing homes and the following:
(1) 
Specific group living use types.
a. 
Adult family home: as defined in §  50.01(1), Wis. Stats.
b. 
Community living arrangement: as defined in § 46.03(22), Wis. Stats.
c. 
Foster home/treatment foster home: as defined in §§  48.02(6) and 48.02(17q), Wis. Stats.
(2) 
Use-specific conditions of approval. In districts that require conditional use approval (See Table 90-310-1.), the number of residents in a group living use may not exceed the number of bedrooms in the building.

§ 90-320.70 Public and civic uses.

[Ord. No. 19-2020, 6-8-2020]
The public and civic use category includes public, quasi-public, civic and institutional uses.
(a) 
Airport: facilities from which FAA-certified aircraft take off, land and operate, including customary accessory uses and structures; also includes passenger ticketing, loading and unloading facilities.
(b) 
Cemetery: lands and facilities for the interment of humans or domestic household pets, including columbariums and mausoleums.
(c) 
Club or lodge: the use of a building or lot by a membership-based organization that restricts access to its facility to bona fide, dues-paying members and their occasional guests and in which the primary activity is a service not carried on as a business enterprise. Clubs and lodges are characterized by definite membership qualifications, payment of fees and dues, regular meetings and a constitution and bylaws.
(1) 
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for club or lodge uses (See Table 90-310-1.):
a. 
Clubs and lodges must be located on lots with frontage on arterial or collector streets.
b. 
Clubs and lodges are prohibited in open, active tax increment finance districts.
(d) 
College or university: academic institutions of higher learning that are accredited or recognized by the state and offer courses of general or specialized study.
(e) 
Detention or correctional facility: an institution operated by the Village, the state, the federal government or a private party under contract with the Village, the state or the federal government for the confinement and punishment and treatment or rehabilitation of offenders under the jurisdiction of a court.
(f) 
Governmental service: Village, county, state or federal government services or facilities that are not otherwise classified under the use classification system of this division.
(1) 
Use-specific conditions of approval. In districts that require conditional use approval for governmental service uses (See Table 90-310-1.), such uses must be located on lots with frontage on arterial or collector streets.
(g) 
Hospital: uses providing medical or surgical care to patients and offering inpatient (overnight) care.
(h) 
Library or cultural exhibit: museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency.
(i) 
Natural resource preservation: undeveloped land left in a natural state for specific use as visual open space or for environmental purposes. Typical uses include wildlife or nature preserves, arboretums, and flood management projects.
(j) 
Parks and recreation: recreational, social or multipurpose uses associated with public parks and open spaces, including playgrounds, playfields, play courts, community centers and other facilities typically associated with public parks and open space areas: also includes public and private golf courses and tennis clubs.
(k) 
Religious assembly: the conduct of organized religious services. Examples include synagogues, temples, mosques and churches.
(1) 
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for religious assembly uses (See Table 90-310-1.):
a. 
All impervious surfaces on the subject count as building coverage for purposes of determining compliance with maximum building coverage requisitions.
b. 
Religious assembly uses are prohibited in open, active tax increment finance districts.
(l) 
Safety service. Establishments that provide fire, police or life protection services, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations and police stations.
(1) 
Use-specific conditions of approval. In districts that require conditional use approval for safety service use (See Table 90-310-1.), such uses must be located on lots with frontage on arterial or collector streets.
(m) 
School: public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory, state-mandated education.
(n) 
Utilities and public services.
(1) 
Specific utilities and public services use types.
a. 
Minor: infrastructure services that typically have very limited adverse visual or operational impacts and that require location in or very near the area where the service is provided. Minor utilities and public service facilities do not regularly have employees at the site and typically have few if any impacts on surrounding areas. Typical uses include: underground electric distribution substations; electric transformers; water conveyance systems; stormwater facilities and conveyance systems; telephone switching equipment and emergency communication warning/broadcast facilities.
b. 
Major: infrastructure services that typically have substantial visual or operational impacts on nearby areas. Typical uses include high-voltage electric substations, utility-scale power generation facilities and utility-scale water storage facilities, such as water towers and reservoirs.

§ 90-320.80 Commercial uses.

[Ord. No. 19-2020, 6-8-2020]
The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use subcategories are as follows.
(a) 
Animal service: uses that provide goods and services for care of animals, including the following use subcategories:
(1) 
Specific animal service use types.
a. 
Boarding: the keeping of and care for companion animals for remuneration or profit. Typical uses include boarding kennels, pet resorts/hotels, doggy or pet day-care facilities, pet foster care homes, dog training centers and animal rescue shelters.
b. 
Grooming: grooming of companion animals, including dog bathing and clipping salons and pet grooming shops. No outside animal runs or kennels are allowed unless located in a zoning district that permits boarding, in which case the regulations that apply to animal boarding must be met.
c. 
Veterinary. Animal hospitals and veterinary clinics staffed by veterinarians.
(2) 
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for animal service uses (See Table 90-310-1.):
a. 
No outside animal runs or kennels are allowed unless located in a zoning district that permits animal boarding, in which case the regulations and procedures that apply to animal boarding must be met.
b. 
Any building or outdoor enclosure in which animals are boarded or exercised must be set back at least 100 feet from any principal residential dwelling unit on an adjacent lot.
(b) 
Assembly and entertainment: buildings and other facilities that accommodate public assembly for spectator-oriented sports, amusement, or entertainment events. Typical uses include auditoriums, stadiums, banquet halls, event centers, theaters and cinemas.
(1) 
Specific assembly and entertainment use types.
a. 
Type 1: indoor assembly and entertainment uses with a seating or occupant capacity of no more than 250 persons.
b. 
Type 2: outdoor assembly and entertainment uses and indoor assembly and entertainment uses with a seating or occupant capacity of more than 250 persons.
(c) 
Business or trade school: uses in an enclosed building that focus on teaching the skills needed to perform a particular job. Examples include schools of cosmetology, modeling academies, computer training facilities, vocational schools, administrative business training facilities and similar uses.
[Amended 4-25-2022 by Ord. No. 15-2022]
(1) 
Specific business or trade school use types.
a. 
Indoor: Schools where teaching and training takes place primarily indoors, has minimal outdoor storage, and has no noticeable noise, odor, vibration, or other disturbances on neighboring uses.
b. 
Outdoor: Schools and other training facilities that involve outdoor work or training activities.
(d) 
Commercial service: uses that provide low-impact repair, maintenance and improvement services to individual consumers and small businesses.
(1) 
Specific commercial service use types.
a. 
Consumer maintenance and repair service: uses that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Typical uses include laundry and dry cleaning pick-up shops, tailors, taxidermists, dressmakers, shoe repair, picture framing shops, copy shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments. Businesses that offer repair and maintenance service for large equipment or technicians who visit customers' homes or places of business are classified as classified general manufacturing, production and industrial service uses.
b. 
Personal service: uses that provide personal support and improvement services to individual consumers. Typical uses include barbers, hair and nail salons, tanning salons, travel agencies, and day spas; also includes uses involved in providing tattoos, piercing and similar forms of body art.
c. 
Studio or instructional service: uses that provide individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities; also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, photography studios and other studios for artists that do not involve the use of power tools or power machinery.
(e) 
Day care: uses licensed by the state and providing care and supervision for children or adults away from their primary residence for more than four hours and less than 24 hours per day.
(1) 
Specific day care use types.
a. 
Adult day care: a day care for elderly and/or adults with disabilities.
b. 
Family day-care home: a day care for eight or fewer individuals under seven years of age. Family day-care homes are operated from a residential dwelling unit by one or more members of the household who reside in the dwelling unit.
c. 
Day-care center. A day care for nine or more individuals under seven years of age.
1. 
The following conditions apply in districts that require conditional use approval for day-care center use (see Table 90-310-1):
[Added 10-12-2020 by Ord. No. 11-2020]
i. 
If accessory to another principal use allowed in district:
[i] 
Dedicated child-care facilities must occupy less than 30% of the principal use structure or site area.
[ii] 
Child-care areas shall be completely separate from any other use or the only use permitted during the child-care's hours of operation.
ii. 
In general:
[i] 
Minimum site area: 14,000 square feet.
[ii] 
Minimum of 35 square feet of usable, dedicated floor space per child.
[iii] 
Minimum of 75 square feet of outdoor space for each child aged two years or over, 35 square feet for children between zero and two years old. Minimum 750 square feet of dedicated area or 1/3 the number of total children, whichever is greater.
[iv] 
Compliance with all applicable regulations in the Wisconsin statutes in Chapter 48, Subchapters XV and XVI, as well as the Wisconsin Administrative Code DCF 202-204, DCF 250, DCF 251, and DCF 252.
(f) 
Financial service: uses related to the exchange, lending, borrowing and safe-keeping of money. Automatic teller machines, kiosks and similar facilities that do not have on-site employees or amplified sound are not classified as financial service uses if they meet the criteria for classification as an accessory use. (See Division 90-330.)
(1) 
Specific financial service use types.
a. 
Convenient cash business: establishments that provide nontraditional, short-term consumer loans in which the consumer receives cash in exchange for giving the lender a post-dated check, title to a motor vehicle, or electronic access to the consumer's bank account for the amount of the loan for a period of time before negotiating the check or for payment to the lender of an agreed-upon finance fee or refinancing or consolidating such transaction. Such businesses expressly include licensed lenders, pursuant to § 138.09, Wis. Stats., pawnbrokers, pursuant to § 138.10, Wis. Stats., payday loan lenders under § 138.14, Wis. Stats., title loan lenders under § 138.16, Wis. Stats., currency exchanges under § 218.05, Wis. Stats., and similar businesses.
b. 
Financial institution: any business authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions. This term does not include a convenient cash business.
(g) 
Funeral and mortuary service: uses that provide services related to the death of a human or companion animal, including funeral homes and mortuaries.
(h) 
Lodging: uses that provide temporary overnight or short-term sleeping accommodations or lodging for guests paying a fee or other form of compensation. Lodging uses sometimes provide food or entertainment, primarily to registered guests. Lodging use types include: bed-and-breakfast inns, hotels and motels, and short-term rentals and overnight shelters.
(1) 
Specific lodging use types.
a. 
Bed-and-breakfast inn: a lodging establishment conducted within a detached house in which the resident owner/operator offers six or fewer guest rooms and meal service to overnight guests. Uses that provide meal service to those who are not overnight guests are classified as restaurants.
b. 
Hotel or motel: a lodging establishment other than a bed-and-breakfast inn or short-term rental. Guest rooms in hotels are accessed via internal corridors. Guest rooms in motels are accessed directly from outdoors.
c. 
Short-term rental: a residential dwelling that is offered for rent for a fee and for more than six but fewer than 29 consecutive days. Short-term rentals require a zoning compliance permit (§ 90-580.20) and all applicable licenses and permits required by the state.
(i) 
Office: uses in an enclosed building, customarily performed in an office, that focus on providing executive, management, administrative, professional or medical services. Specific office use types include the following:
(1) 
Specific office use types.
a. 
Business or professional office: office uses other than medical, dental and health practitioners offices. Examples include corporate offices, law offices, architectural firms, insurance companies and other executive, management or administrative offices for businesses and corporations. Also includes:
1. 
Broadcast and recording studios;
2. 
Uses engaged in scientific research and testing services leading to the development of new products and processes that do not involve the mass production, distribution or sale of such products or involve the use of hazardous materials or processes; and
3. 
Insurance claims adjusters/estimators with no more than one vehicle inspection bay and no on-site repair facilities.
b. 
Medical or health practitioner office: office uses related to diagnosis and treatment of human patients' illnesses, injuries and physical maladies that can be performed in an office setting with no overnight care. Typical uses include offices of physicians, dentists, psychiatrists, psychologists, chiropractors and practitioners of massage therapy; also includes:
1. 
Surgical, rehabilitation and other medical centers that do not involve overnight patient stays;
2. 
Medical and dental laboratories;
3. 
Blood banks; and
4. 
Dialysis centers.
(j) 
Parking, nonaccessory: parking that is not provided to comply with minimum off-street parking requirements of this zoning chapter and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory parking and nonaccessory parking is classified as nonaccessory parking.
(k) 
Food and alcohol service: establishments that produce and serve food or beverages at a nonindustrial scale.
[Amended 9-28-2020 by Ord. No. 12-2020]
(1) 
Specific use types.
a. 
Restaurant: an establishment that serves food or beverages for on- or off-premises consumption as its principal business. Typical examples of restaurant uses include sit-down or fine dining restaurants, cafes, cafeterias, kitchens, supper clubs, ice cream/yogurt shops, donut shops, coffee shops and food trucks.
b. 
Bar: uses that cater primarily to adults 21 years of age and older and that sell and serve beer, wine or alcoholic liquor for on-premises consumption as their principal business. Typical uses include bars, taverns, brewpubs (restaurants that serve beer produced on-site), tasting rooms and nightclubs; also includes smoking lounges, hookah lounges, and similar establishments, whether conducted as a principal or accessory use.
c. 
Small-batch alcohol producers: alcohol production facilities, including microbreweries, microdistilleries, and microwineries that produce less than 10,000 beer barrels (1,173,478 liters, 310,000 gallons) of cumulative product per year and contain at least 500 square feet of customer-facing service area. Facilities producing over 10,000 beer barrels or without customer-facing service areas are classified as food manufacturing under Limited Manufacturing, Production, and Industrial Services.
(l) 
Retail sales: uses involving the sale, lease or rental of new or used goods to the ultimate consumer. Examples of specific retail use types include retail sales of convenience goods, consumer shopping goods and building supplies and equipment.
(1) 
Specific retail sales use types.
a. 
Convenience goods: retail sales uses that sell or otherwise provide 1) sundry goods; 2) products for personal grooming and for the day-to-day maintenance of personal health; or 3) food or beverages for off-premises consumption, retail bakeries and similar uses that provide incidental and accessory food and beverage service as part of their primary retail sales business. Typical uses include convenience stores, grocery stores, drugstores, specialty food stores, wine or liquor stores, newsstands and florists.
b. 
Consumer shopping goods: retail sales uses that sell or otherwise provide wearing apparel, fashion accessories, furniture, household appliances and similar consumer goods, large and small, functional and decorative, for use, entertainment, comfort or aesthetics. Typical uses include clothing stores, department stores, appliance stores, TV and electronics stores, bike shops, bookstores, costume rental stores, stationery stores, art galleries, hobby shops, hardware stores (less than 10,001 square feet), furniture stores, pet stores and pet supply stores, shoe stores, antique shops, secondhand stores, record stores, toy stores, sporting goods stores, variety stores, video stores, musical instrument stores, medical supplies, office supplies and office furnishing stores and wig shops.
c. 
Building supplies and equipment: retail sales uses that sell or otherwise provide goods to repair, maintain or visually enhance a structure or premises and that include more than 10,000 square feet of gross floor area or that involve outdoor storage of goods. Typical uses include home improvement stores and garden supply stores.
(m) 
Self-service storage facility: an enclosed use that provides separate, small-scale, self-service storage facilities leased or rented to individuals or small businesses. Facilities are designed and used to accommodate only interior access to storage lockers or drive-up access only from regular size passenger vehicles and two-axle, noncommercial vehicles. Facilities with outdoor storage are classified and regulated as outdoor warehousing, wholesaling and freight movement uses.
(n) 
Sexually oriented business establishment. Sexually oriented business establishments include all of the following specific use types.
(1) 
Specific sexually oriented business establishment use types.
a. 
Adult amusement or entertainment: amusement or entertainment that is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.
b. 
Adult bookstore: an establishment wherein 10% or more of its display area consists of books, films, videos, magazines, periodicals, games, novelties or other materials that are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas (referred to in this section as "sexually oriented materials"). As used in this definition of "adult bookstore," "display area" is measured as follows:
1. 
For bookshelves, magazine racks and similar display devices, display area is calculated by multiplying the length times the width of such devices. If sexually oriented materials are mixed with nonsexually oriented materials in or on such devices, the entire device is considered as consisting of sexually oriented materials.
2. 
For table tops, counters, display cases and similar display devices, display area is calculated by multiplying the length times the width of each surface on which merchandise is displayed. If sexually oriented materials are mixed with nonsexually oriented materials on such surfaces, the entire surface is considered as consisting of sexually oriented materials.
3. 
For walls, display area is the area of the wall enclosed by the smallest imaginary rectangle that contains each item.
4. 
The display area of merchandise hanging or suspended from the ceiling is calculated by multiplying the item's length or width, whichever is longer, times the item's height.
c. 
Adult mini motion-picture theater: an enclosed building with a capacity of fewer than 50 persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
d. 
Adult motel: a motel in which material is presented, as part of the motel services, via closed circuit TV or otherwise, that is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
e. 
Adult motion-picture arcade: any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
f. 
Adult motion-picture theater: an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
g. 
Massage parlor: any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.
h. 
Model studio: any place other than public park, museum or university or college art classes where, for any form of consideration or gratuity, figure models who display specified anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.
i. 
Sexual encounter center: any building or structure that contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment that appeals to the prurient interest of the patron, to include, but not to be limited to bathhouses, massage parlors, and related or similar activities.
(o) 
Sports and recreation, participant: provision of sports or recreation primarily by and for participants. (Spectators are incidental.) Examples include bowling alleys, health clubs, skating rinks, billiard parlors, miniature golf courses, batting cages, and go-cart tracks.
(1) 
Specific participant sports and recreation use types.
a. 
Indoor: participant sports and recreation uses conducted entirely within buildings.
b. 
Outdoor: participant sports and recreation uses conducted wholly or partially outside of buildings.
(p) 
Vehicle sales and service: uses that provide for the sale, rental, maintenance or repair of new or used vehicles and vehicular equipment. The vehicle sales and service subcategory includes the following specific use types.
(1) 
Specific vehicle sales and service use types.
a. 
Commercial vehicle repair and maintenance: uses, excluding vehicle paint finishing shops, that repair, install or maintain the mechanical components or the bodies of large trucks, mass transit vehicles, large construction or agricultural equipment, aircraft or similar large vehicles and vehicular equipment; includes truck stops and fleet vehicle fueling facilities, which may dispense conventional vehicle fuels and/or alternative vehicle fuels.
b. 
Commercial vehicle sales and rentals: uses that provide for the sale or rental of large trucks, moving equipment (e.g., U-Haul and Ryder), construction or agricultural equipment, aircraft, or similar large vehicles and vehicular equipment.
c. 
Fuel sales: uses engaged in retail sales of vehicle fuels for personal vehicles, other than fleet fueling facilities and truck stops. Fleet vehicle fueling facilities are classified as commercial vehicle repair and maintenance uses. Fueling stations may dispense conventional vehicle fuels and/or alternative vehicle fuels.
d. 
Personal vehicle repair and maintenance: uses that repair, install or maintain the mechanical components of automobiles, small trucks or vans, motorcycles, motor homes or recreational vehicles, including recreational boats, or that wash, clean or otherwise protect the exterior or interior surfaces of these vehicles.
e. 
Personal vehicle sales and rentals: uses that provide for the sale or rental of new or used autos, small trucks or vans, trailers, motorcycles, motor homes or recreational vehicles, including recreational watercraft. Typical examples include automobile dealers, auto malls, car rental agencies. Car-share vehicles that are parked or stored when not being used by members of a car-share program are not regulated as personal vehicle sales and rental uses, but are instead considered accessory parking.
f. 
Truck stop: facilities providing service to semi-tractors and other large trucks and vehicles, including the sale of fuel to intrastate and interstate truck drivers, and provision of customary support facilities for truck drivers. Truck stops are designed to accommodate large semi-tractor/trailer combinations and truck drivers, and may also be utilized by smaller trucks and other interstate travelers.
g. 
Vehicle body and paint finishing shop: uses that primarily conduct motor vehicle body work and repairs or that apply paint to the exterior or interior surfaces of motor vehicles by spraying, dipping, flow-coating or other similar means.
(2) 
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for vehicle sales and service uses (See Table 90-310-1.):
a. 
Overnight outdoor vehicle storage is limited to a maximum of six vehicles.
b. 
Fuel sales uses are subject to a maximum limit of eight fuel pumps.

§ 90-320.90 Industrial uses.

[Ord. No. 19-2020, 6-8-2020; amended 2-27-2023 by Ord. No. 7-2023; 10-23-2023 by Ord. No. 23-2023]
The industrial use category includes uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods as a principal use; recycling and waste-related uses; and mining, quarrying and other extractive activities.
(a) 
Junk/salvage yard: an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A junk or salvage yard includes an auto wrecking yard, but does not include waste-related uses or recycling facilities.
(1) 
All proposed junk/salvage yard uses must apply for a development plan.
(b) 
Manufacturing, production and industrial services: any of the following specific use types.
(1) 
Specific manufacturing, production and industrial service use types.
a. 
Artisan: production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment carried on in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking/loading. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.
b. 
Limited: manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: catering establishments; printing and related support activities; machinery manufacturing; food manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties.
c. 
General.
1. 
Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing; also includes medical, scientific or technology-related research establishments that produce odors, dust, vibration, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.
2. 
Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photofinishing laboratories.
d. 
Intensive: manufacturing of acetylene, cement, lime, gypsum or plaster-of-paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials; also includes smelting and animal slaughtering.
1. 
All proposed intensive manufacturing, production and industrial service uses must apply for a development plan.
(c) 
Mining/quarrying: the extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil and gas drilling.
(1) 
All proposed mining/quarrying uses must apply for a development plan.
(d) 
Warehousing, wholesaling and freight movement: any of the following:
(1) 
Establishments engaged in the storage or movement of goods for themselves or other firms or the sale, lease, or rental of goods primarily intended for industrial, institutional, or commercial businesses.
(2) 
Establishments engaged in long-term and short-term storage of goods that do not meet the definition of a self-service storage facility.
(3) 
Establishments engaged in the wholesale sales, bulk storage and distribution of goods. Such uses may also include incidental retail sales and wholesale showrooms. Expressly includes the following uses: bottled gas and fuel oil sales, monument sales, and portable storage building sales.
(4) 
Establishments used primarily for the storage, management, processing, and transmission of digital data, which houses computer or network equipment, systems, servers, appliances, and other associated components related to digital data storage and operations.
(e) 
Waste-related use. Waste-related uses are characterized by the receiving of solid or liquid wastes from other users and sites for transfer to another location; by the collection of sanitary wastes, or other approved waste materials for on-site disposal; or by the manufacture or production of goods or energy from the composting of organic material.
(1) 
Specific waste-related use types.
a. 
Demolition debris landfill: facility or site used for the disposal of demolition waste, construction materials, used building materials, brush, wood waste, soil, rock, concrete and inert solids soluble in water.
b. 
Solid waste separation facility: a facility where mixed municipal solid waste is separated into recovered materials and other components either manually or mechanically and further processed for transporting to other facilities, including a solid waste disposal area.
c. 
Transfer station: a facility for the transfer and packing of solid waste from smaller collecting vehicles to larger transport vehicles.
d. 
Recycling service: any building, portion of building or area in which recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products.
(2) 
Use-specific conditions of approval. All proposed waste-related uses must apply for a development plan.

§ 90-320.100 Agricultural uses.

[Ord. No. 19-2020, 6-8-2020]
The agricultural use category includes general farming and community garden uses.
(a) 
Agritourism: farm-related enterprises that operate for the enjoyment and education of the public and that combine agriculture and tourism or entertainment-related uses. Agritourism uses include all of the following specific use types.
(1) 
Specific agritourism use types.
a. 
Agriculture cultural center: a facility established for the purpose of educating the public about agricultural activities, or the heritage and culture of agricultural activities. In addition, this use subcategory includes museums dedicated solely to agriculture themes and living history farm sites.
b. 
Agritainment: events and activities that allow for recreation, entertainment, and tourism in conjunction with agriculture support and services directly associated with on-going agricultural activities on-site that are for-profit. Events and activities include the following: hay rides, corn mazes, hay mazes, petting zoos (farm animals only) and agricultural festivals.
c. 
Eco-tourism enterprise: tourism activities and facilities that focus on visitation and observation of or education about natural history, indigenous ecosystems, native plant or animal species, natural scenery or other features of the natural environment. Eco-tourism enterprises may include cultural activities related to such activities or work projects that help conserve or safeguard the integrity of a natural feature, habitat, or ecosystem.
d. 
Restaurant, farm-based: restaurants on tracts occupied by a working farm that serve food and beverages for on-premises consumption. Food served at a farm-based restaurant must primarily come from plants or animals grown or raised on-site or on tracts that are part of the subject farm.
e. 
Participatory farms: farm-based, tourism-driven enterprises where individuals or groups pay to participate on a working farm.
f. 
Rural retreat: an establishment that is part of a working farm that provides temporary overnight accommodations for individuals or groups engaged in supervised training or personal improvement activities. Examples include corporate retreat facilities, educational retreat facilities and working farm learning centers.
g. 
Winery, brewery or distillery: a manufacturing facility or establishment engaged in small-batch preparation of beer, wine or distilled spirits, including tasting rooms where beer, wine or liquor products produced on the subject property or on tracts that are part of the subject farm may be sold for on- or off-premises consumption.
(b) 
Community garden: areas of no more than one acre in areas that are managed and maintained by a group of individuals to grow and harvest food crops or non-food crops (e.g., flowers). A community garden area may be divided into separate garden plots for cultivation by one or more individuals or may be farmed collectively by members of the group. Community gardens may be principal or accessory uses.
(c) 
Crop agriculture: an area managed and maintained by an individual, group or business entity to grow and harvest food crops or non-food crops (e.g., flowers) for sale or distribution. Farms may be principal accessory uses and may be located on land, on a roof or within a building.
(d) 
Horses, livestock and farm animals: uses engaged in the feeding, housing and care of horses, livestock or farm animals for private or commercial purposes. (See also Division 90-340).

§ 90-320.110 Other uses.

[Ord. No. 19-2020, 6-8-2020]
This category includes uses that do not fit the other use categories or that require distinction from other use classifications.
(a) 
Drive-in or drive-through establishment: a use accessory to a principal use that offers service directly to occupants of motor vehicles. Such uses are typically associated with restaurants, banks and pharmacies. Automatic teller machine kiosks and similar drop-off or pick-up facilities that do not have on-site employees or amplified sound are not classified as drive-in or drive-through facilities if they meet the criteria for classification as an accessory use.
(1) 
Use-specific conditions of approval. The following conditions apply in districts that require conditional use approval for drive-in or drive-through establishments (See Table 90-310-1.):
a. 
Multiple drive-through lanes are prohibited.
b. 
Proposals to establish new drive-through lanes require a traffic impact analysis. (See § 90-420.130.)

§ 90-330.10 General regulations.

[Ord. No. 19-2020, 6-8-2020]
(a) 
Accessory uses allowed. Accessory uses are allowed only in connection with lawfully established principal uses.
(b) 
Allowed uses. Allowed accessory uses are limited to those expressly regulated in this division or elsewhere in this zoning chapter, as well as those that, in the determination of the Community Development Director, satisfy all of the following criteria:
(1) 
They are customarily found in conjunction with the principal use of the subject property;
(2) 
They are subordinate and clearly incidental to the principal use of the property; and
(3) 
They serve a necessary function for or contribute to the comfort, safety or convenience of occupants of the principal use.
(c) 
Time of construction and establishment. Accessory uses may be established only after the principal use of the property is in place.
(d) 
Location. Accessory uses must be located on the same lot as the principal use to which they are accessory, unless otherwise expressly stated.
(e) 
Accessory building and structure regulations.
(1) 
Accessory buildings and structures are subject to the same regulations that apply to principal uses and structures on the subject lot, unless otherwise expressly stated.
(2) 
Accessory buildings attached to the principal building by a breezeway, passageway or similar means are considered part of the primary structure and are subject to the lot and building regulations that apply to the principal building.
(3) 
Accessory buildings attached by structures less than 30 inches in height (e.g., patios, walks, decks without railing) are not considered part of the primary structure and are subject to accessory building and structure regulations.

§ 90-330.20 Amateur radio service antennas.

[Ord. No. 19-2020, 6-8-2020]
(a) 
Amateur radio service antennas and supporting towers are expressly allowed as permitted accessory uses, provided that no such antenna, including any support upon which it is mounted may exceed a combined height of 70 feet.
(b) 
All amateur radio service antenna structures must be set back a distance of at least one-half the height of the tower structure from all property lines.

§ 90-330.30 Electric vehicle charging stations.

[Ord. No. 19-2020, 6-8-2020]
(a) 
General.
(1) 
Private (restricted-access) electric vehicle (EV) charging stations are permitted as accessory uses in all zoning districts.
(2) 
Public EV charging stations are permitted as accessory uses to allowed nonresidential uses in all zoning districts.
(b) 
Parking.
(1) 
Electric vehicle charging stations may be counted toward satisfying minimum off-street parking space requirements.
(2) 
Public electric vehicle charging stations must be reserved for parking and charging electric vehicles. Electric vehicles may be parked in any space designated for public parking, subject to the restrictions that apply to any other vehicle.
(c) 
Equipment. Vehicle charging equipment must be designed and located so as not to impede pedestrian, bicycle or wheelchair movement or create safety hazards on sidewalks.
(d) 
Posted information.
(1) 
Information must be posted identifying voltage and amperage levels and any type of use, fees, or safety information related to the electric vehicle charging station.
(2) 
Public electric vehicle charging stations must be posted with signs indicating that the space is reserved for electric vehicle charging purposes only. For purposes of this provision, "charging" means that an electric vehicle is parked at an electric vehicle charging station and is connected to the battery charging station equipment.
(e) 
Maintenance. Electric vehicle charging stations must be maintained in all respects, including the functioning of the equipment. A phone number or other contact information must be provided on the equipment for reporting when it is not functioning or other problems are encountered.

§ 90-330.40 Farm stands.

[Ord. No. 19-2020, 6-8-2020]
(a) 
Allowed use. One roadside farm stand is allowed as an accessory use for each crop farm or community garden use located in an AG or RE District.
(b) 
Additional regulations.
(1) 
Farm stands may be used only for the sale of products raised on the premises.
(2) 
Allowed farm stands must be operated by a resident of the subject property.
(3) 
Off-street parking must be provided for a minimum of four vehicles. Driveways and vehicle access points must be located so as to minimize possible interference with the normal flow of highway traffic.
(4) 
Farm stands may not be located in a manner that would create a traffic hazard or nuisance.
(5) 
Farm stands must be set back at least 30 feet from street rights-of-way lines and at least 20 feet from any other lot line.

§ 90-330.50 Geothermal energy systems.

[Ord. No. 19-2020, 6-8-2020]
(a) 
General. Geothermal energy systems are permitted as an accessory use in all zoning districts.
(b) 
Location.
(1) 
Geothermal energy systems must be located entirely within the lot lines of the subject property or within appropriate easements.
(2) 
No portion of a geothermal energy system may be located within a stream or stream buffer.

§ 90-330.60 Home occupations.

[Ord. No. 19-2020, 6-8-2020]
(a) 
Purpose. The home occupation regulations of this section are intended to allow residents to engage in customary home-based work activities, while also helping to ensure that neighboring residents are not subjected to adverse operational and land use impacts (e.g., excessive noise or traffic or public safety hazards) that are not typical of the neighborhoods or areas in which the home occupation is located.
(b) 
Types of home occupations. Three types of home occupations are defined and regulated under this section:
(1) 
Type A residential home occupations. Type A residential home occupations are those in which household residents use the dwelling unit they occupy as a place of work, but no employees, customers or clients come to the site.
(2) 
Type B residential home occupations. Type B residential home occupations are those in which household residents use the dwelling unit they occupy as a place of work and either one nonresident employee or customers come to the site.
(3) 
Rural home occupations. Rural home occupations are those that do not comply with the Type A or Type B residential home occupation regulations and in which household residents use the dwelling unit they occupy or an accessory building as a place of work.
(c) 
Exemptions.
(1) 
Group living. Group living uses are not considered home occupations and are not subject to the residential home occupation regulations of this section. Group living is allowed as indicated in Table 90-310-1.
(2) 
Family day-care homes. Family day-care homes are not considered home occupations and are not subject to the residential home occupation regulations of this section. Family day-care homes are allowed only as indicated in Table 90-310-1.
(3) 
Bed-and-breakfast inn. Bed-and-breakfast inns are not permitted as home occupations and are not subject the residential home occupation regulations of this section. Bed-and-breakfasts are allowed only as indicated in Table 90-310-1.
(4) 
Short-term rentals. Short-term rentals are not considered home occupations and are not subject the residential home occupation regulations of this section. Short-term rentals are allowed only as indicated in Table 90-310-1.
(d) 
Allowed uses. The home occupation regulations of this section establish regulations and standards for home-based work activities rather than limit the range or work activities to a specific list of occupations. Uses that comply with all applicable regulations of this section are allowed by right unless otherwise expressly stated.
(e) 
Where allowed.
(1) 
Type A residential home occupations. Type A residential home occupations are permitted as of right as an accessory use to a principal use in the household living use subcategory. Type A residential home occupations are subject to the general regulations of Subsection (f) and all other applicable regulations of this section. More than one Type A residential home occupation is allowed as an accessory use, but the general regulations of Subsection (f) apply to the combined residential home occupation uses.
(2) 
Type B residential home occupations. Type B residential home occupations may be approved as an accessory use to a principal use in the household living use subcategory. Type B residential home occupations are subject to the general regulations of Subsection (f), the supplemental regulations of Subsection (h) and all other applicable regulations of this section. Multiple Type B residential home occupations are prohibited as an accessory use, and a Type A residential home occupation may not be conducted in conjunction with a Type B residential home occupation.
(3) 
Rural home occupations. Rural home occupations may be approved as an accessory use to a principal use in the household living use subcategory or agriculture use category only in the RE, AG-1 or AG-2 Districts. Rural home occupations are subject to the general regulations of Subsection (f), the supplemental regulations of Subsection (i) and all other applicable regulations of this section. Multiple rural home occupations are prohibited as an accessory use, and a rural home occupation may not be conducted in conjunction with a Type B residential home occupation.
(f) 
General regulations for residential home occupations. All Type A and Type B residential home occupations are subject to the following general regulations:
(1) 
Residential home occupations must be accessory and secondary to the use of a dwelling unit for residential purposes. They may not change the character of the residential building they occupy or adversely affect the character of the surrounding neighborhood. Residential home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a residential neighborhood in Mount Pleasant. Residential home occupations must be operated so as not to create or cause a nuisance.
(2) 
Any tools or equipment used as part of a residential home occupation must be operated in a manner or sound-proofed so as not to be audible beyond the lot lines of the subject property.
(3) 
External structural alterations or site improvements that change the residential character of the lot upon which a residential home occupation is located are prohibited. Examples of such prohibited alterations include construction of parking lots, the addition of commercial-like exterior lighting or the addition of a separate building entrance that is visible from abutting streets.
(4) 
Residential home occupations and all related activities, including storage (other than the lawful parking or storage of vehicles), must be conducted entirely within the dwelling unit.
(5) 
No window display or other public display of any material or merchandise is allowed.
(6) 
The use or storage of hazardous substances is prohibited, except at the "consumer commodity" level, as that term is defined in 49 CFR 171.8.
(7) 
Only licensed automobiles, passenger vans and passenger trucks may be used in the conduct of a residential home occupation. No other types of vehicles may be parked or stored on the premises. This provision is not intended to prohibit deliveries and pickups by common carrier delivery vehicles (e.g., postal service, United Parcel Service, Fed Ex, et al.) of the type typically used in residential neighborhoods.
(8) 
The following uses are expressly prohibited as residential home occupations:
a. 
Any type of assembly, cleaning, maintenance or repair of vehicles or equipment with internal combustion engines or of large appliances;
b. 
Dispatch centers or other businesses where employees come to the site and are dispatched to other locations;
c. 
Equipment supply or equipment rental businesses;
d. 
Taxi, limo, van or bus services;
e. 
Tow truck services;
f. 
Eating or drinking places;
g. 
Funeral or interment services;
h. 
Animal care, grooming or boarding businesses; and
i. 
Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building.
(g) 
Supplemental regulations for Type A residential home occupations.
(1) 
All individuals engaged in a Type A residential home occupation must reside in the dwelling unit in which the residential home occupation is located as their primary place of residence.
(2) 
No nonresident employees or customers are allowed except for the instruction, teaching or tutoring of no more than four students at one time.
(3) 
The area devoted to the conduct of all Type A residential home occupations present on the subject property is limited to 33% of the dwelling unit's floor area or 750 square feet, whichever is less.
(h) 
Supplemental regulations for Type B residential home occupations.
(1) 
Type B residential home occupations are allowed only if reviewed and approved in accordance with the Zoning Compliance Permit procedures of Division 90-580.10 along with a signed disclosure acknowledging the regulations of this section, provided that instruction, teaching or tutoring of no more than four students at one time is permitted by right.
[Amended 4-25-2022 by Ord. No. 16-2022]
(2) 
One nonresident employee is allowed with a Type B residential home occupation if no customers come to the site at any time. Residential home occupations that have clients, customers or students coming to the site at any time may not have nonresident employees. For the purpose of this section, the term "nonresident employee" includes an employee, business partner, co-owner or any other person affiliated with the residential home occupation, who does not live at the site, but who visits the site as part of the residential home occupation.
(3) 
Customer visits are allowed only between the hours of 7:00 a.m. and 7:00 p.m.
(4) 
The area devoted to the conduct of all Type B residential home occupations present on the subject property is limited to 49% of the dwelling unit's floor area or 1,000 square feet, whichever is less.
(i) 
Supplemental regulations for rural home occupations.
(1) 
Rural home occupations are allowed only if reviewed and approved in accordance with the conditional use procedures of Division 90-550.
(2) 
A maximum of three nonresident employees are allowed with a rural home occupation.
(3) 
Customer visits are allowed only between the hours of 7:00 a.m. and 7:00 p.m.
(4) 
Rural home occupations must be accessory and secondary to the use of a dwelling unit for residential purposes or accessory to any on-site agricultural use. They may not change the character of the property they occupy or adversely affect the character of the surrounding area. Rural home occupations may not, for example, produce light, noise, vibration, odor, parking demand, or traffic impacts that are not typical of a rural or semirural area in Mount Pleasant. Rural home occupations must be operated so as not to create or cause a nuisance.
(5) 
Rural home occupations may be conducted within the principal dwelling unit or within an accessory building, provided that the total accessory building floor area occupied by a rural home occupation may not exceed 3,000 square feet.
(6) 
Accessory buildings in which rural home occupations are conducted must be set back at least 150 feet from R-zoned lots.
(7) 
The following uses are expressly prohibited as rural home occupations:
a. 
Any type of motor vehicle repair.
b. 
Dispatch centers or other businesses where employees come to the site and are dispatched to other locations.
c. 
Equipment supply or equipment rental businesses.
d. 
Taxi, limo, van or bus services.
e. 
Tow truck services.
f. 
Eating or drinking places.
g. 
Funeral or interment services.
h. 
Kennels and dog boarding.
i. 
Any use involving the use or storage of vehicles, products, parts, machinery or similar materials or equipment outside of a completely enclosed building.

§ 90-330.70 Keeping of bees.

[Ord. No. 19-2020, 6-8-2020]
The regulations of this section govern the keeping of honeybees as an accessory use in all districts except RE, AG-1, and AG-2. See Division 90-340 for regulations that apply in RE, AG-1 and AG-2 Districts.
(a) 
No more than six hives may be located on a lot.
(b) 
Hives may not exceed 20 cubic feet in volume.
(c) 
Hives must be set back at least three feet from all lot lines.
(d) 
Hives must be set back at least 10 feet from public sidewalks and at least 25 feet from a principal building on an adjoining lot.
(e) 
A constant supply of water must be provided for all hives.
(f) 
A flyway barrier at least six feet in height must be provided to shield any part of a property line that is within 25 feet of a hive. The flyway barrier must consist of a wall, fence, dense vegetation or a combination of such features.
(g) 
The owner, operator or tenant must obtain a zoning compliance permit in accordance with § 90-580.20.
(h) 
The applicant for the permit must notify all residents of the subject property and the owner of the subject property if the applicant is not the owner.

§ 90-330.80 Keeping of chickens.

[Ord. No. 19-2020, 6-8-2020]
The regulations of this section govern the keeping of chickens as an accessory use in all districts except RE, AG-1, and AG-2. See Division 90-340 for regulations that apply in RE, AG-1 and AG-2 Districts.
(a) 
The keeping of up to four chickens is allowed as an accessory use on lots occupied by three or fewer dwelling units.
(b) 
The keeping of up to eight chickens is allowed as an accessory use to a museum or school or day-care center.
(c) 
The keeping of roosters is prohibited.
(d) 
On-site slaughter of chickens is prohibited.
(e) 
Chickens must be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.
(f) 
The enclosure must be located at least 25 feet from any residential building on an adjacent lot.
(g) 
The owner, operator or tenant must obtain a zoning compliance permit in accordance with § 90-580.20.
(h) 
The applicant for the permit must notify all residents of the subject property and the owner of the subject property if the applicant is not the owner.

§ 90-330.90 Residential composting.

[Ord. No. 19-2020, 6-8-2020]
(a) 
The residential composting regulations of this section apply to all R Districts.
(b) 
The composting of landscape waste (including grass clippings, leaves, and chipped brush) and food waste (including discarded fruits, vegetables, and grains) is an allowed accessory use in residential zoning districts, subject to the regulations of this section.
(c) 
Only landscape waste generated from plants grown and maintained on the subject lot may be composted. This provision is not intended to prohibit property owners from adding outside materials or ingredients to speed or enhance decomposition.
(d) 
Only food waste resulting from food preparation or consumption by residents of the subject lot and their visitors may be composted. This provision is not intended to prohibit property owners from adding outside materials or ingredients to speed or enhance decomposition. Meat products are prohibited in residential compost bins.
(e) 
All food waste must be placed within rodent-resistant compost bins, which are prohibited in front and rear yards and must be set back at least 10 feet from all lot lines.
(f) 
Landscape waste compost piles may not exceed 125 cubic feet in volume, and may not exceed five feet in height.
(g) 
Landscape waste compost piles must be set back at least 10 feet from all lot lines. Landscape waste compost piles that are not contained within a rodent-resistant compost bin must be set back at least 30 feet from all dwelling units on abutting lots.
(h) 
Only animal waste from herbivores is allowed within compost piles or bins.
(i) 
Burning of compost piles is not allowed.

§ 90-330.100 Satellite dish antennas.

[Ord. No. 19-2020, 6-8-2020]
(a) 
Applicability. Satellite dish antennas are subject to compliance with the regulations of this section.
(b) 
Location.
(1) 
In R Districts, satellite dish antennas must be located in the rear yard or the rear of the principal building. If usable communication signals cannot be obtained from the rear location, the satellite dish antenna may be located in the side yard or on the side of the principal building. If usable satellite television communication signals cannot be received by locating the antenna to the rear or side of the principal building, the antenna may be placed in the front yard or on the front-facing roof of the principal building, provided that a) the dish diameter does not exceed 18 inches and b) the Community Development Department Director's approval is obtained prior to such installation. The Community Development Department Director is authorized to approve a front yard location only upon a showing by the applicant that usable communication signals are not receivable from any location on the property other than the location selected by the applicant.
(2) 
In all districts other than R Districts, satellite dish antennas may be located anywhere upon a building or within the buildable area of the lot, subject to applicable zoning district setback regulations.
(c) 
Other regulations.
(1) 
In all R Districts, satellite dish antennas may not exceed 36 inches in diameter.
(2) 
A ground-mounted satellite dish antenna may not exceed 20 feet in height, including any platform or structure upon which the antenna is mounted or affixed.
(3) 
Roof-mounted satellite dish antenna may not exceed the height of the elevation of the ridgeline of the principal structure.
(4) 
If usable satellite signals cannot be obtained from an antenna installed in compliance with the height limitations imposed by this section, such satellite dish antennas may be installed at a greater height, provided that the height is approved by the Community Development Department Director. The Community Development Department Director is authorized to approve a greater height upon a showing by the applicant that installation at a greater height is necessary for the reception of usable communication signals.
(5) 
All satellite dish antennas must comply with all manufacturers' specifications, be located on noncombustible and corrosion-resistant material, and be erected in a secure, wind-resistant manner.
(6) 
All satellite dish antennas must be adequately grounded for protection against a direct strike of lightning pursuant to the requirements of the city electrical code.

§ 90-330.110 Secondary suites.

[Ord. No. 19-2020, 6-8-2020]
(a) 
Description. Secondary suites are accessory dwelling units contained wholly within the principal dwelling unit on the property (i.e., detached house).
(b) 
Applicability. All secondary suites are subject to compliance with the regulations of this section.
(c) 
Where allowed. Secondary suites are allowed only on lots occupied by a single detached house. They are permitted by right in all R Districts.
(d) 
Creation. Secondary suites may be created by:
(1) 
Converting existing floor area within the interior of a detached house (e.g., attic or basement) to an accessory dwelling unit;
(2) 
Adding floor area to an existing detached house to accommodate an accessory dwelling unit; or
(3) 
Constructing a new detached house that includes an accessory dwelling unit within the principal building.
(e) 
Zoning district regulations. Secondary suites are subject to all applicable regulations of the zoning district in which they are located, unless otherwise expressly stated in this chapter.
(f) 
Code compliance. Secondary suites must comply with all applicable building and fire codes.
(g) 
Number. No more than one secondary suite is permitted on a single lot. Secondary suites are prohibited on lots occupied by a backyard cottage. (See § 90-110.140.)
(h) 
Size. The floor area of a secondary suite may not exceed 40% of the gross floor area of the principal dwelling unit (excluding any attached garage).
(i) 
Number of residents. The total number of residents that reside in the secondary suite and the principal dwelling unit, combined, may not exceed the number permitted for a household.
(j) 
Parking. No additional parking is required for a secondary suite. Any provided parking is subject to the same regulations that apply to the principal dwelling unit.
(k) 
Location of entrances. Only one entrance to a detached house containing a secondary suite may be located on a facade that faces a street, unless the detached house had an additional street-facing entrance before the secondary suite was created.
(l) 
Rental. No more than one of the dwelling units on a lot occupied by a secondary suite may be a rental dwelling unit. Secondary suites may not be rented for periods of less than seven consecutive days.
[Amended 3-22-2021 by Ord. No. 05-2021]

§ 90-330.120 Solar energy systems.

[Ord. No. 19-2020, 6-8-2020]
(a) 
General.
(1) 
Accessory solar energy systems must comply with all applicable building ordinance and electrical code requirements.
(2) 
Owners of accessory solar energy systems are solely responsible for negotiating with other property owners for any desired solar easements to protect access to sunlight. Any such easements must be recorded with the County Recorder of Deeds.
(b) 
Building-mounted solar energy systems.
(1) 
Building-mounted solar energy systems may be mounted on principal and accessory structures.
(2) 
All applicable setback regulations apply to building-mounted solar energy systems.
(3) 
Only building-integrated and/or flush-mounted solar energy system may be installed on street-facing building elevations.
(4) 
Solar energy systems may not extend more than three feet above the applicable maximum building height limit or more than four feet above the highest point of the roofline, whichever is less.
(c) 
Ground-mounted solar energy systems.
(1) 
In residential zoning districts, ground-mounted solar energy systems may not be located in a required street setback or street yard.
(2) 
Ground-mounted solar energy systems may be located within required interior side and rear setbacks.
(3) 
Ground-mounted solar energy systems are subject to applicable accessory structure height and lot coverage regulations.

§ 90-330.130 Gardening.

[Added 6-9-2025 by Ord. No. 9-2025]
The Village permits gardening by-right in all districts; however, no property owner may garden more than 30% of any non-AG zoned lot.

§ 90-340.10 Where allowed.

[Ord. No. 19-2020, 6-8-2020]
(a) 
The keeping of horses (stables), farm animals and livestock is allowed as of right in RE, AG-1 and AG-2 Zoning Districts.
(b) 
The keeping of horses (stables), farm animals and livestock is prohibited in zoning districts other than RE, AG-1 and AG-2. See §§ 90-330.70 and 90-330.80 for regulations governing the keeping of honeybees and chickens in other zoning districts.

§ 90-340.20 Number permitted.

[Ord. No. 19-2020, 6-8-2020]
(a) 
RE and AG-1 Districts. A maximum of one animal unit is allowed per acre of lot area in the RE and AG-1 Districts, based on the animal unit equivalencies established in Table 90-340-1:
Table 90-340-1
Animal Units (AUs)
Animal Type1
Number = 1 AU
Cattle, bison
1
Horse, mule, donkey, burro
1
Horse (34 inches or less at withers)
2
Swine, ostrich
2
Goats, sheep, llama, alpaca
2
Poultry
20
Rabbits
20
Mink and similar fur-bearing animals
20
Bees
No AU limit
NOTE:
1
The Community Development Director is authorized to determine the value in animal units for mature animals not listed above.
(b) 
AG-2 District. There is no zoning-based limit on the number of animals that may be kept in the AG-2 District.

§ 90-340.30 Stables and confinement buildings.

[Ord. No. 19-2020, 6-8-2020]
Stables and other animal confinement buildings are subject to the setback regulations of Table 90-340-2.
Table 90-340-2
Stable and Confinement Building Setbacks
Zoning District
Minimum Setback from Non-AG Zoning District
(feet)
RE
50
AG-1
100
AG-2
200

§ 90-340.40 Sanitation.

[Ord. No. 19-2020, 6-8-2020]
Proper sanitation must be maintained for all horses, farm animals and livestock. Proper sanitation includes:
(a) 
Not allowing animal waste to accumulate;
(b) 
Taking necessary steps to ensure that odors resulting from horses, farm and livestock animals are not detectable beyond property lines; and
(c) 
Storing all food in metal or other pest-proof containers.

§ 90-350.10 Applicability.

The regulations of this article apply to mobile service facilities.

§ 90-350.20 Purpose.

The regulations of this article are intended to regulate mobile service facilities to the full extent allowed by Wis. Stats. § 66.0404 and other applicable laws. These regulations are not intended to regulate or authorize the regulation of mobile service facilities in a manner that is preempted or prohibited by Wis. Stats. § 66.0404 or other applicable laws.

§ 90-350.30 Definitions.

The definitions of this section apply only in administering and enforcing the wireless telecommunications regulations of this article.
ANTENNA
Communications equipment that transmits and receives electromagnetic radio signals and is used in the provision of mobile services.
APPLICATION
An application for a permit under this section to engage in either:
(a) 
The siting and construction of a new mobile service support structure and facilities.
(b) 
With regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities or a Class 2 collocation.
CLASS 1 COLLOCATION
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility but does need to engage in substantial modification.
CLASS 2 COLLOCATION
The placement of a new mobile service facility on an existing support structure such that the owner of the facility does not need to construct a freestanding support structure for the facility or engage in substantial modification.
COLLOCATION
Class 1 or Class 2 collocation or both.
DISTRIBUTED ANTENNA SYSTEM
A network of spatially separated antenna nodes that is connected to a common source via a transport medium and that provides mobile service within a geographic area or structure.
EQUIPMENT COMPOUND
An area surrounding or adjacent to the base of an existing support structure within which is located mobile service facilities.
EXISTING STRUCTURE
A support structure that exists at the time a request for permission to place mobile service facilities on a support structure is filed with village.
FALL ZONE
The area over which a mobile support structure is designed to collapse.
MOBILE SERVICE
Has the meaning given in 47 U.S.C. § 153(33), as follows: a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes:
(a) 
Both one-way and two-way radio communication services;
(b) 
A mobile service that provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation; and
(c) 
Any service for which a license is required in a personal communications service established pursuant to the proceeding entitled "Amendment to the Commission's Rules to Establish New Personal Communications Services" (GEN Docket No. 90-314; ET Docket No. 92-100), or any successor proceeding.
MOBILE SERVICE FACILITY
The set of equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment, that is necessary to provide mobile service to a discrete geographic area, but does not include the underlying support structure.
MOBILE SERVICE PROVIDER
A person who provides mobile service.
MOBILE SERVICE SUPPORT STRUCTURE
A freestanding structure that is designed to support a mobile service facility.
PERMIT
A permit, other than a building permit, or approval issued by a political subdivision that authorizes any of the following activities by an applicant:
(a) 
A Class 1 collocation.
(b) 
A Class 2 collocation.
(c) 
The construction of a mobile service support structure.
PUBLIC UTILITY
Has the meaning given in Wisconsin Statutes.
SEARCH RING
A shape drawn on a map to indicate the general area within which a mobile service support structure should be located to meet radio frequency engineering requirements, taking into account other factors including topography and the demographics of the service area.
SUBSTANTIAL MODIFICATION
The modification of a mobile service support structure, including the mounting of an antenna on such a structure, that does any of the following:
(a) 
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
(b) 
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
(c) 
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
(d) 
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
SUPPORT STRUCTURE
An existing or new structure that supports or can support a mobile service facility, including a mobile service support structure, utility pole, water tower, building, or other structure.
UTILITY POLE
A structure owned or operated by an alternative telecommunications utility, as defined in Wisconsin Statutes; public utility, as defined in Wisconsin Statutes; telecommunications utility, as defined in Wisconsin Statutes; political subdivision; or cooperative association organized under Wisconsin Statutes; and that is designed specifically for and used to carry lines, cables, or wires for telecommunications service, as defined in Wisconsin Statutes; for video service, as defined in Wisconsin Statutes; for electricity; or to provide light.

§ 90-350.40 New Facilities and Substantial Modifications.

(a) 
Applicability. The regulations of this section apply to the siting and construction of new mobile service support structures and facilities and substantial modifications of existing mobile service support structures and facilities.
(b) 
Application and Fee. The applicant must submit to the community development director a written application, which must include all of the following information. Applications for approval of a substantial modification must describe the proposed modifications, rather than the new structure.
(1) 
The name and business address of, and the contact individual for, the applicant.
(2) 
The subject property owner.
(3) 
The location of the proposed tower.
(4) 
The location of the mobile service facility.
(5) 
A construction plan that describes the tower, equipment, network components, antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new tower.
(6) 
An explanation of why the applicant chose the proposed location, and why the applicant did not choose collocation, including a sworn statement from the responsible party attesting that collocation within the applicant's service area would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome.
(7) 
The application must be accompanied by the fee established by the Village Board to defray the cost of notification and holding of public hearing. Costs incurred by the Village in obtaining legal, planning, engineering and other technical and professional advice in connection with the review and implementation of the conditional use will also be charged to the applicant. Such fee must be established by resolution of the Village Board and may not exceed the limits established by Wis. Stats. § 66.0404(4)(d).
(c) 
Determination of Completeness. The Community Development Director must review the application and determine whether the application is complete. The Community Development Director must notify the applicant of the determination within 10 days of receiving the application. If the application is found to be incomplete, such notice must specify in detail the missing information. Applicants are allowed to resubmit their applications as often as necessary to provide the required information.
(d) 
Review Procedure. Applications for new wireless telecommunications mobile service facilities and substantial modifications of existing facilities must be reviewed pursuant to the procedures set forth below:
(1) 
After determining that an application is complete, the Community Development Director determines must forward the application to the Plan Commission for review. The Plan Commission must forward its recommendation to the Village Board for a public hearing on the matter.
(2) 
Notice of the Village Board's public hearing must be published by the Clerk-Treasurer as a Class I notice. The Clerk-Treasurer must also provide by first-class mail a copy of the public hearing notice to all owners of record of real property located within 300 feet of the property for which approval is sought.
(3) 
Approval of a new wireless telecommunications mobile service facility or a substantial modification of an existing facility may not be granted unless the tower is located so that there is sufficient radius of clear land around the tower so that its collapse will be completely contained on the subject property. If an applicant provides the Village with engineering certification showing that the tower is designed to collapse within a smaller area than the radius equal to the height of the tower, the smaller area must be used unless the Village has and provides the applicant substantial evidence that the engineering certification is flawed.
(4) 
All facilities must comply with all applicable state and federal regulations.
(e) 
Public Hearing and Decision.
(1) 
The Village Board must make a decision on the application for a new wireless telecommunications mobile service facility or a substantial modification of an existing facility within 90 days of a completed application unless the time is extended by the applicant.
(2) 
The decision must be in writing and a copy of the decision must be made a permanent part of the Village records. If approval is not granted, the reasons for disapproval must be included in such record.
(3) 
An official record of the decision must be prepared by the Community Development Director. The official record must include a description of the use for which the approval is granted and all conditions attached to such approval as well as a copy of the resolution of the Village Board approving the application. A copy of the completed form must be recorded with County Recorder of Deeds as a covenant on the title for the premises for which the approval was granted.
(f) 
Conditions of Approval. Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yard, or parking requirements, among other issues as deemed appropriate, may be required by the Village Board upon a finding that such conditions are necessary to fulfill the purpose and intent of this section.
(g) 
Limitations on Authority. The Village's review and action on applications for new wireless telecommunications mobile service facilities or substantial modifications of existing facilities are subject to the limitations imposed by Wis. Stats. § 66.0404(4). If the applicant believes the Village has exceeded its authority in this regard, the applicant must notify the Village Board in writing, in which case the Village Board reserves the right to reconsider the matter, to ensure that applicable laws are followed.

§ 90-350.50 Nonsubstantial Modifications.

(a) 
General. Nonsubstantial changes, additions or other modifications to an existing mobile service support structure or mobile service facility are subject to the requirements of this section. The application together with applicable fees must be submitted to the Community Development Director, who must review the application determine whether the changes, additions, or other modifications shown on the application constitute a nonsubstantial modification.
(b) 
Application Information. The applicant must submit a written application that describes the applicant's basis for concluding that the modification is not substantial, and all of the following information:
(1) 
The name and business address of, and the contact individual for, the applicant.
(2) 
The location of the affected support structure.
(3) 
The location of the proposed facility.
(c) 
Determination of Completeness. The Community Development Director must review the application and determine whether the application is complete. The Community Development Director must notify the applicant of the determination within five days of receiving the application. If the application is found to be incomplete, such notice must specify in detail the missing information. Applicants are allowed to resubmit their applications as often as necessary to provide the required information.
(d) 
Decision. The Community Development Director must make a decision on the application within a reasonable time after receipt of the completed application and no later than 45 days after receipt of the completed application unless the time is extended by the applicant. The decision must be in writing and a copy of the decision must be made a permanent part of the Village records. If approval is not granted, the reasons for disapproval must be included in such record.
(e) 
Limitations on Authority. The Village's review and action on applications for nonsubstantial modifications of existing facilities are subject to the limitations imposed by Wis. Stats. § 66.0404(4). If the applicant believes the Village has exceeded its authority in this regard, the applicant must notify the Village Board in writing, in which case the Village Board reserves the right to reconsider the matter or to direct the community development director to reconsider the matter, to ensure that applicable laws are followed.