1. Districts. The City is divided into the following nine zoning districts:
   
   

   R-1	Single-Family Residence
   R-2	Two-Family Residence
   R-3	Multiple-Family Residence
   C-1	General Commercial
   I	Industrial
   SP	Special Purpose
   PUD	Planned Unit Development
   CON	Conservancy

2. District boundaries. Boundaries of these districts are hereby established as shown on a map, as amended periodically, entitled "Zoning Map, City of Niagara, Wisconsin." Such boundaries shall be construed to follow: corporate limits; U.S. Public Land Survey lines, lot or property lines; centerlines of streets, highways, alleys, easements and railroad rights-of-way or such lines extended; unless otherwise noted on the Zoning Map.
   
3. Vacation of streets. Vacation of public streets and alleys shall cause the land vacated to be automatically placed in the same district as the abutting side to which the vacated land reverts.
4. Annexations. Annexations to or consolidations with the City subsequent to the effective date of the ordinance from which this article is derived shall be placed in the CON Conservancy District unless the annexation ordinance temporarily places the land in another district.

(Code 1991, § 13-1-20)

1. A certified copy of the Zoning Map shall be available to the public in the office of the City Clerk-Treasurer.
2. Changes thereafter to the districts shall not be effective until entered and attested on this certified copy.

(Code 1991, § 13-1-21)

Where uncertainty exists as to the boundaries of districts as shown on the Zoning Map, the following rules apply:

1. Boundaries indicated as approximately following the centerlines of streets, highways or alleys shall be construed to follow such centerlines.
2. Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.
3. Boundaries indicated as approximately following City boundaries shall be construed as following municipal boundaries.
4. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
5. Boundaries indicated as following shorelines shall be construed to follow such shorelines, and in the event of change in the shoreline, shall be construed as moving with the actual shoreline; boundaries indicated as approximately following the centerlines of streams, rivers, canals, lakes or other bodies of water shall be construed to follow such centerlines.
6. Boundaries indicated as parallel to or extensions of features indicated in the preceding shall be so construed. Distances not specifically indicated on the Zoning Map shall be determined by the scale of the map.
7. Where the district boundaries are not otherwise indicated, and where the district boundaries approximately follow section lines, quarter section lines or other logical subdivisions of sections, such section lines or other such lines shall be construed to be the district boundary line.
8. Where the district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be lot lines, and where the designations on the map are approximately bounded by lot lines, said lot line shall be construed to be the boundary of the district.
9. In unsubdivided property, the district boundary shown on the map shall be determined by use of the scale shown on such map.

(Code 1991, § 13-1-22)

1. Purpose. The R-1 District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
2. Permitted uses. The following uses of land are permitted in the R-1 District:
   1. Single-family dwellings.
   2. In addition to an attached garage, one detached garage and/or accessory building for each residential dwelling, provided that such detached garage shall not exceed 800 square feet. In total, accessory buildings/structures shall and not occupy more than 30 percent of the required rear yard in accordance with provisions of NCC 13.08.1310.
   3. Accessory buildings, not to exceed 100 square feet.
   4. Public parks, playgrounds, recreational and community center buildings and grounds.
   5. Graded schools.
   6. Churches and their affiliated uses.
   7. Cemeteries of less than one acre located adjacent to a church and City cemetery.
   8. Public buildings, except sewage plants, garbage incinerators, warehouses, garages, shops and storage yards.
   9. Water-storage facilities and their accessory structures.
   10. Unlighted signs and bulletin boards of up to eight square feet for public or religious announcements, provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest public sidewalk or street.
   11. Unlighted signs of up to six square feet for advertisement for the lease or sale of the premises, provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest public sidewalk or street.
   12. Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create public or private nuisance.
3. Conditional uses. The following are permitted as conditional uses within the R-1 District:
   1. Customary home occupations.
   2. Two-family dwellings.
   3. Mobile homes, within a mobile home park, authorized by the City. Such use shall conform to all ordinances of the City regulating or applying to mobile homes.
   4. Accessory buildings in excess of 100 square feet.
   5. Detached garage in excess of 800 square feet.
      
4. Specifications. Within the R-1 District, the following standards shall apply:
   
   

   Maximum Building Height	35 feet
   Minimum Front Yard Setback	25 feet
   (Note: More restrictive standards may be imposed by State regulations in certain circumstances; for example, on lots fronting on certain classes of State highways.)
   Minimum Rear Yard Setback
   Principal Buildings	20 feet
   Accessory Buildings and Garages	3 feet
   Minimum Side Yard Setback
   Principal Buildings
   On pre-existing lots 60 feet or less	3 feet each side
   On pre-existing lots between 60 feet and 70 feet	4 feet each side
   On lots from 70 feet to 79 feet	5 feet each side
   On lots 80 feet and over	6 feet each side
   Accessory Buildings and Garages	3 feet each side
   Minimum Average Lot Width (new lots)	70 feet
   Minimum Lot Area Per Family (new lots)	7,000 square feet
   Minimum Floor Area Per Family
   Residential Structure	900 square feet
   Mobile Home	720 square feet

   1. Minimum front yard setback shall apply to both street sides of a corner lot.
   2. Two-family dwellings permitted as conditional use shall be governed by R-2 standards.

(Code 1991, § 13-1-23; Ord. No. 5-02-2, § 13-1-23(b)(2), (c)(4), 5-20-2002)

1. Purpose. The R-2 District is intended to provide a quiet, pleasant and relatively spacious living area protected from traffic hazards and the intrusion of incompatible land uses.
2. Uses. The following uses of land are permitted in the R-2 District:
   1. Single-family dwellings.
   2. Two-family dwellings.
   3. In addition to an attached garage, one detached garage for each residential dwelling, provided that such detached garage or accessory building shall not exceed 800 square feet. In total, accessory buildings/structures shall and not occupy more than 30 percent of the required rear yard in accordance with provisions of NCC 13.08.1310.
   4. Accessory buildings, not to exceed 100 square feet.
   5. Public parks, playgrounds, recreational and community center buildings and grounds.
   6. Graded schools.
   7. Churches and their affiliated uses.
   8. Cemeteries of less than one acre located adjacent to a church and City cemetery.
   9. Public buildings, except sewage plants, garbage incinerators, warehouses, garages, shops and storage yards.
   10. Water-storage facilities and their accessory structures.
   11. Unlighted signs and bulletin boards of up to eight square feet for public or religious announcements, provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest public sidewalk or street.
   12. Unlighted signs of up to six square feet for advertisements for the lease or sale of the premises, provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest public sidewalk or street.
   13. Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.
3. Conditional uses. The following are permitted as conditional uses within the R-2 District:
   1. Customary home occupations.
   2. Libraries, museums and art galleries.
   3. Hospitals and clinics.
   4. Colleges and vocational schools.
   5. Telephone buildings, exchanges, lines and transformer stations, but excepting service garages and storage yards.
   6. Microwave radio relay structures and community television antenna.
   7. Funeral homes.
   8. Accessory buildings in excess of 100 square feet.
   9. Detached garage in excess of 800 square feet.
4. Specifications. Within the R-2 District, the following standards shall apply:
   
   

   Maximum Building Height	35 feet
   Minimum Front Yard Setback	25 feet
   (Note: More restrictive standards may be imposed by State regulations in certain circumstances; for example, on lots fronting on certain classes of State highways.)
   Minimum Rear Yard Setback
   Principal Buildings	20 feet
   Accessory Buildings and Garages	3 feet
   Minimum Side Yard Setback
   Principal Buildings
   On pre-existing lots 60 feet or less	3 feet each side
   On pre-existing lots between 60 feet and 70 feet	4 feet each side
   On lots from 70 feet to 79 feet	5 feet each side
   On lots 80 feet and over	6 feet each side
   Accessory Buildings and Garages	3 feet each side
   Minimum Average Lot Width (new lots)	90 feet
   Minimum Lot Area Per Family (new lots)	4,800 square feet
   Minimum Floor Area Per Family	720 square feet

   Minimum front yard setback shall apply to both street sides of a corner lot.

(Code 1991, § 13-1-24; Ord. No. 5-02-2, § 13-1-24(b)(3), (c)(8), 5-20-2002)

1. Purpose. The R-3 District is intended to provide a living area that is pleasant, but not so spacious as the R-1 and R-2 districts.
2. Permitted uses. The following uses of land are permitted in this district:
   1. Single-family dwellings.
   2. Multiple-family residential dwellings.
   3. Short-term rentals
   4. Charitable institutions, rest homes, convalescent homes, nursing homes, homes for the care of children, homes for the care of the aged, homes for the care of the indigent and similar institutions.
   5. Accessory buildings, not to exceed 100 square feet.
   6. Garages or parking spaces incident to the above uses, provided that garages incident to multiple-family residences must be at least 75 feet away from the front lot line and 30 feet away from the side lot lines; and provided that there must be at least 2,000 square feet of lot area for each vehicle space.
3. Conditional uses. The following are permitted as conditional uses within the R-3 District:
   1. Customary home occupations.
   2. Churches and their affiliated uses, graded schools and libraries.
   3. Public parks, playgrounds, recreational and community center buildings and grounds.
   4. Public buildings, except sewage plants, garbage incinerators, warehouses, garages, shops and storage yards.
   5. Water-storage facilities and their accessory structures.
   6. Unlighted signs and bulletin boards of up to eight square feet for public or religious announcements, provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest sidewalk or street.
   7. Unlighted signs of up to six square feet for advertisements for the lease or sale of the premises, provided that all such signs must be located directly on the premises involved and at least 15 feet from the nearest sidewalk or street.
   8. Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.
   9. Accessory buildings in excess of 100 square feet.
4. Specifications. Within the R-3 District the following standards shall apply:
   
   

   Maximum Building Height	45 feet
   Minimum Front Yard Setback	25 feet
   (Note: More restrictive standards may be imposed by State regulations in certain circumstances; for example, on lots fronting on certain classes of State highways.)
   Minimum Rear Yard Setback
   Principal Buildings	25 feet
   Accessory Buildings and Garages	3 feet
   Minimum Side Yard Setback
   Principal Buildings	15 feet each side
   Accessory Buildings and Garages	3 feet each side
   Minimum Average Lot Width	90 feet
   Minimum Lot Area Per Family	2,000 square feet
   Minimum Floor Area For Single Family Structure	720 square feet

   Minimum front yard setback shall apply to both street sides of a corner lot.

(Code 1991, § 13-1-25)

1. Purpose. The C-1 District is intended to provide an area for the business and commercial needs of the community, especially those which can be most suitably located in a compact and centrally located business district.
2. 1. Site plan review.
      1. The following uses and projects shall obtain Site Plan approval from the Plan Commission in accordance with NCC 13.08.280 prior to issuance of a building permit if the use or project meets any of the following criteria:
         1. The proposed building or structure is greater than or equal to 10,000 square feet.
         2. All special exception uses including convenience stores and other auto-related businesses.
         3. The site adjoins a residential district boundary.
         4. The site adjoins a Federal, State or County highway.
         5. Taverns or restaurants.
         6. Proposed sign height is greater than or equal to 25 feet.
      2. The following uses and projects shall obtain Site Plan approval from the Zoning Administrator in accordance with NCC 13.08.280 prior to issuance of a building permit.
         1. The proposed building or structure is less than 10,000 square feet.
         2. Parking lot, driveway, gravel or soil stripping or any other impervious surface creation or alteration.
   2. Separation fences. Fences shall separate residential district lots from commercial or industrial districts and be constructed with solid material; "cyclone" style or wire fences are not permitted.
3. 1. Permitted accessory uses and structures.
      1. Uses and structures which are customarily accessory and clearly incidental and subordinate to permissible principal uses and structures when they are located on the same lot or a lot contiguous with the principal use or structure.
      2. Public utility installations.
4. Permitted uses. The following uses of land are permitted in the C-1 District:
   1. Hardware stores.
   2. Electrical supply stores.
   3. Paint, glass and wallpaper stores.
   4. Department stores, variety stores, general merchandise stores.
   5. General grocery stores, supermarkets, fruit and vegetable stores, meat and fish stores and miscellaneous food stores.
   6. Dairy products stores, including ice cream stores.
   7. Retail bakeries, including those which produce some or all of the products sold on the premises, but not including establishments which manufacture bakery products primarily for sale through outlets located elsewhere or through home service delivery.
   8. Candy, nut or confectionery stores.
   9. Clothing and shoe stores.
   10. Furniture, home furnishings and floor covering stores.
   11. Restaurants, lunchrooms and other eating places, except drive-in type establishments.
   12. Taverns, bars and other drinking places.
   13. Drug stores and pharmacies.
   14. Liquor stores.
   15. Antique stores and secondhand stores.
   16. Book and stationery stores.
   17. Sporting goods stores.
   18. Bicycle shops, including facilities for the repair of non-motorized bicycles only.
   19. Jewelry stores, including clock and watch stores.
   20. Gift, novelty and souvenir shops.
   21. Florist shops.
   22. Camera and photographic supply stores.
   23. Tobacco and smokers' supplies stores.
   24. News dealers and newsstands.
   25. Wholesale merchandise establishments.
   26. Banks and other financial institutions.
   27. Offices of insurance companies, agents, brokers and service representatives.
   28. Offices of real estate agents, brokers, managers and title companies.
   29. Retail laundry and dry cleaning outlets, but not including laundering and dry cleaning plants and not including coin-operated laundries and dry cleaning establishments, commonly called laundromats and launderettes.
   30. Photographic studios and commercial photography establishments.
   31. Barbershops, beauty shops and hairdressers.
   32. Dance studios.
       
   33. Office equipment and supplies.
       
   34. Garden center, plant nursery or landscape contractor.
       
   35. Veterinary offices.
       
   36. Mortuaries.
       
   37. Equipment rental.
       
   38. Shoe repair shops and shoeshine parlors.
   39. Tailor shops, dressmakers' shops and garment repair shops, but not garment pressing establishments, hand laundries or hat cleaning and blocking establishments.
   40. Advertising agencies, news agencies, employment agencies.
   41. Duplicating, blueprinting, photocopying, addressing, mailing, mailing list and stenographic services.
   42. Commercial parking lots, parking garages, parking structures.
   43. Watch, clock and jewelry repair services.
   44. Hotels, except those with more than 8,700 square feet of parking space not contained within or under the primary building structure.
   45. Convalescent homes, nursing homes, and day care (family or group).
   46. Motion picture theaters, not including drive-in theaters.
   47. Billiard and pool establishments.
   48. Public transportation passenger stations, taxicab company offices, taxicab stands, but not vehicle storage lots or garages.
   49. Offices of physicians and surgeons, dentists and dental surgeons, osteopathic physicians and chiropractors; but not veterinarian's offices.
   50. Law offices.
   51. Accounting, auditing and bookkeeping firms or services.
   52. Engineering and architectural firms or consultants.
   53. Professional, scientific or educational firms, agencies, offices or services, but not research laboratories or manufacturing operations.
   54. The offices, meeting places and premises of professional membership associations, civic, social and fraternal associations, business associations, labor unions and similar labor organizations, political organizations, religious organizations, charitable organizations or other nonprofit membership organizations.
   55. Short-term rentals.
       
   56. The offices of governmental agencies and post offices.
   57. Communication offices.
5. Conditional uses. The following are permitted as conditional uses in the C-1 District, provided that no nuisance shall be afforded to the public through noise, the discharge of exhaust gases from motor-driven equipment, unpleasant odors, smoke, steam, harmful vapors, obnoxious materials, unsightly conditions, obstruction of passage on the public street or sidewalk, or other conditions generally regarded as nuisances; and, provided that where operations which are necessary or incident to the property performance of these services or occupations would tend to afford such nuisances, areas, facilities, barriers or other devices shall be provided in such a manner that the public is effectively protected from any and all such nuisances. These uses shall be subject to the consideration of the Plan Commission with regard to such matters.
   1. The sale, service, repair, testing, demonstration or other use of piston-type engines or motors or any type of device, appliance or equipment operated by such engines or motors; but not including passenger automobiles, trucks or other motor vehicles.
   2. The sale, service, repair, testing, demonstration or other use of radios, television sets, high-fidelity sound equipment, electronic amplifiers, stereophonic sound systems, musical instruments or other such devices.
   3. Establishments engaged in the sale, service, repair, testing, demonstration or other use of motor-driven bicycles, commonly called motorbikes; with the provision that such activity, when carried out in an establishment which also engages in the sale, repair or other operations with non-motor-driven bicycles, shall constitute a separate and distinct use insofar as the intention of this article is concerned.
   4. Establishments engaged in the sale, servicing, repairing, testing, demonstration, or other use of electrical household appliances, including washing machines, vacuum cleaners, dishwashers, irons, toasters or similar household appliances, but not including refrigeration or air-conditioning appliances or equipment; provided further, specifically, that areas and facilities for loading, unloading, and storage of such appliances shall be provided in a manner which affords no nuisance of obstruction or of unsightly conditions to the public.
      
6. 1. Special exception uses and structures.
      1. Automobile filling stations and car washes.
      2. Automobile, boat, motorcycle, construction equipment and farm implement sales, service and repair.
      3. Wholesale and warehouse establishments including mini storage establishments.
      4. Printing and publishing establishments.
      5. Outdoor recreational establishments including shooting and archery ranges, miniature golf and amusements.
      6. Light manufacturing uses and structures such as packaging bottling, storage facilities and laboratories provided all activities are conducted within completely enclosed buildings not involving odor, noise, smoke or other noxious effects detectable to normal senses from off the premises.
      7. Radio stations-transmitter tower
      8. Dog kennel.
      9. Day care (group).
      10. Building trades contractor with storage yard for material and equipment on premises provided all materials and equipment are effectively screened from view from any residential lot or public highway.
      11. Agricultural-related uses and structures such as feedmills and co-ops.
      12. Woodworking and cabinetry.
      13. Billboards.
   2. Dimensional requirements.
      1. All permitted principal uses and structures. Minimum dimensions as follows: lot area, 10,000 square feet; lot width, 90 feet; front yard, 35 feet; side yards, 25 feet each; rear yard, 25 feet. Maximum lot coverage, 35 percent; maximum height, 50 feet. Any required yard adjacent to a residential district without an intervening street shall be subject to the landscaped buffer requirements of NCC 13.08.430.
      2. All special exception uses and structures. Minimum dimensions as follows; lot area, 12,000 square feet; lot width, 100 feet; setbacks: front yard, 35 feet; side yards, 25 feet each; rear yard, 50 feet. Maximum lot coverage, 25 percent; maximum height, 50 feet. Any required yard adjacent to a residential district without an intervening street shall be subject to the landscaped buffer requirements of NCC 13.08.430.
   3. Permitted accessory signs.
      1. All permissible principal uses and structures. For each establishment or each frontage on a public street or highway, if such establishment is located at the intersection of two public streets or highways, the following signs:
         1. One detached sign, in the building setback area (front yard), limited in aggregate area to three times the lineal feet of frontage; provided, however, that no detached sign shall exceed 350 square feet in area (per side) and no part of said sign shall be closer than ten feet to the right-of-way unless such sign is less than three feet in height above grade or at least feet above grade (excluding supporting structures to the bottom of the structure). (Clear space shall be maintained between three feet and ten feet above grade for visibility purposes.)
            1. No portion of any sign shall overhang the right-of-way.
            2. Building permits are required prior to placement of permanent signs.
         2. Wall, projecting and marque signs. Per NCC 13.08.1030 (general requirements).
      2. Temporary signs advertising the sale or lease of property are permitted without permits provided they conform to the dimension requirements for the underlying zoning district.
   4. Off-street parking requirements. As stipulated in Article VIII of this chapter (NCC 13.08.910 through NCC 13.08.950).
   5. Adult establishments. Adult establishments shall not be allowed within the City.
      1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
         Adult establishments include bookstores, motion pictures theaters, mini motion picture theaters, bath houses, massage parlors, modeling studios, body painting studios, and cabarets, and are more specifically defined as follows:
         Adult bath houses means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, that is not operated by a medical practitioner or a professional physical therapist licensed by the State and which establishment provides to its patrons an opportunity for engaging in specified sexual activities as defined in this article.
         Adult body painting studios means an establishment or business wherein patrons are afforded an opportunity to paint images on a body which is wholly or partially nude. For purposes of this article, the term "adult body painting studio" shall not be deemed to include a tattoo parlor.
         Adult bookstore means an establishment having as a substantial or significant portion of its stock and trade in books, magazines or other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein or an establishment with a segment or section devoted to the sale or display of such material.
         Adult cabaret means an establishment or business which features male and/or female topless and/or bottomless dancers, go-go dancers, exotic dancers, strippers, burlesque shows, male or female impersonators, or similar entertainers.
         Adult massage parlors means an establishment or business with or without sleeping accommodations which provides the services of massage and body manipulation, including exercises, heat and light treatments of the body, and all forms and methods of physiotherapy, not operated by a medical practitioner or professional physical therapist licensed by the State, and which establishment provides for its patrons the opportunity to engage in specified sexual activity as defined in this article.
         Adult mini motion picture theater means an enclosed building with a capacity for less than 50 persons used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons therein.
         Adult modeling studios means an establishment or business which provides the services of modeling for the purpose of reproducing the human body wholly or partially in the nude by means of photography, painting, sketching, drawing, or otherwise.
         Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting describing or relating to specified sexual activities or specified anatomical areas as defined herein for observation by patrons herein.
         Adult motion picture theater (outdoor) means a parcel of land from which individuals may view a motion picture presented out of doors which presents material distinguishably characterized by an emphasis on matter depicting, describing or relating to specified sexual activity or specified anatomical areas.
         Adult novelty shop means an establishment or business having as a substantial or significant portion of its stock and trade in novelty or other items which are distinguished or characterized by their emphasis on, or designed for, specified sexual activity as defined herein or stimulating such activity.
         
   6. Marijuana dispensaries and establishments. Dispensaries and establishments are prohibited as described in Sec 5-12-170 Prohibiting Marijuana Establishments.
      

(Code 1991, § 13-1-26)

1. Purpose. This district is intended primarily for manufacturing and closely related uses. It is intended to preserve such lands for the functions of industrial activity, wholesaling, warehousing and distribution. To allow maximum latitude for operations, performance standards are applied at district boundaries. It is further the intent of this district that it be so located in relation to major thoroughfares that resulting traffic generated by industrial activity will not be channeled through residential areas.
2. Site plan review.
   1. The following uses and projects shall obtain Site Plan approval from the Plan Commission in accordance with NCC 13.08.280 prior to issuance of a building permit if the use or project meets any of the following criteria:
      1. The proposed building or structure is greater than or equal to 10,000 square feet.
      2. All special exception uses including convenience stores and other auto-related businesses.
      3. The site adjoins a residential district boundary.
      4. The site adjoins a Federal, State or County highway.
      5. Taverns or restaurants.
      6. Proposed sign height is greater than or equal to 25 feet.
   2. The following uses and projects shall obtain Site Plan approval from the Zoning Administrator in accordance with NCC 13.08.280 prior to issuance of a building permit.
      1. The proposed building or structure is less than 10,000 square feet.
      2. Parking lot, driveway, gravel or soil stripping or any other impervious surface creation or alteration.
         
3. Separation fences. Fences shall separate residential district lots from commercial or industrial districts and constructed with solid material; "cyclone" style or wire fences are not permitted.
   
4. Permitted principal uses and structures.
   1. Wholesaling, warehouse, storage or distribution establishments (except bulk storage of flammable liquids) and uses of a similar nature.
   2. Printing and publishing.
   3. Agricultural-related uses including feedmills and co-ops.
   4. Service establishments catering to commercial and industrial uses including business machine services, line supply, freight movers, communication services, canteen services and uses of a similar nature.
   5. Light manufacturing uses including bottling, packaging, laboratories and uses of a similar nature.
   6. Manufacturing uses including production, processing, cleaning, testing and the distribution of materials and goods except wrecking yards, fertilizer and chemical manufacture and canneries or slaughterhouses. All manufacturing uses are subject to the provisions of Subsection (h) of this section.
   7. Building contractor with storage yard.
   8. Transportation terminals.
5. Permitted accessory uses and structures.
   1. Uses and structures customarily accessory and clearly incidental to permissible principal uses and structures.
   2. Outside storage of materials and products provided such storage shall not be closer than 25 feet from the street line or ten feet from any lot line. Storage areas shall be enclosed by fencing materials and/or landscaping to be 75 percent or more opaque between two and six feet above average ground level. All storage areas shall be surfaced with gravel or hard surface materials. Storage materials shall not be piled or stacked to a height beyond the principal building.
   3. Temporary storage of waste materials and trash provided such materials/trash shall be enclosed by a fence of solid material not less than six feet in height.
   4. Public utility installations.
6. Special exception uses and structures.
   1. Bulk storage of flammable liquids.
   2. Fertilizer and chemical manufacture subject to the provisions of Subsection (h) of this section
   3. Canneries and slaughterhouses subject to the provisions of Subsection (h) of this section.
   4. Automobile wrecking or salvage yards and junkyards, provided such use shall not be located closer than 250 feet to nay property zoned residential, and no portion of the lot within 25 feet of a public street or highway shall be used for any purpose other than off-street parking for employees or patrons. All activities and storage shall be completely enclosed pursuant to the landscaped buffer requirements of NCC 13.08.430.
   5. Sanitary landfills and energy recovery systems.
   6. Group day care facilities.
   7. Cellular, radio-telephone towers.
   8. Filling stations and convenience stores.
   9. Car washes; automobile, boat, motorcycle, construction equipment and farm implement sales, service and repair.
7. Dimensional requirements; all permissible principal uses and structures. Minimum dimensions: lot area, 12,000 square feet; lot width, 100 feet; front yard, 35 feet; side yards, ten feet each; rear yard 25 feet.
8. Permitted accessory signs.
   1. For each principal building. For each principal building or each frontage on a public street or highway if such establishment is located at the intersection of two public streets or highways, the following signs:
      1. One detached sign, in the building setback area (front yard, limited in aggregate area to 250 square feet; provided, however, that no part of a supporting structure shall be closer than 15 feet to the right-of-way, no part of the sign shall overhang the right-of-way and at least 12 feet of clear space, exclusive of the supporting structure, shall be maintained underneath the sign for visibility purposes.
      2. Flat signs limited in aggregate area to 20 percent of the wall area fronting on a public street or highway.
   2. Temporary signs advertising the sale or lease of property.
9. Off-street parking requirements. As stipulated in Article VIII of this chapter (NCC 13.08.910 through NCC 13.08.950) Supplemental District Regulations.
10. Performance standards.
    1. Intent. It is the intent of this article to use performance standards for the regulation of industrial uses to facilitate a more objective and equitable basis for control, and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects.
    2. Standards of operation.
       1. Vibration. No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the industrial district boundaries. Vibration perception threshold means the minimum ground or structure-borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects. Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
       2. External lighting. No operation or activity shall produce any intense glare or lighting with the source directly visible beyond the industrial district boundaries.
       3. Odor. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor as defined in Wis. Admin. Code Ch. NR 429, unless a valid permit is issued for such operations by the Department of Natural Resources.
       4. Particulate emissions. No operation or activity shall emit any particulate matter into the ambient air which exceeds the limitations as established in Wis. Admin. Code Ch. NR 415.
       5. Visible emissions. No operation or activity shall emit into the ambient air from any direct or portable source any matter that will affect visibility in excess of the limitations established in Wis. Admin. Code Ch. NR 431.
       6. Hazardous pollutants. No operations or activity shall emit any hazardous substances in such a quantity concentration or duration as to be injurious to human health or property, and all emissions of hazardous substances shall not exceed the limitations established in Wis. Admin. Code Ch. NR 445.
11. Administration. Determinations necessary for the administration and enforcement of these standards range from those which can be made by a reasonable person using normal senses and no mechanical equipment, to those requiring substantial technical competence and complex equipment. It is the intent of this article that the methods to be used in the determining compliance shall be the responsibility of the Building Inspector and Administrator subject to the following procedures:
    1. Approval of building permits. Prior to approving a zoning permit for any industrial use or any change thereof, the Building Inspector and Administrator shall have received from the applicant evident or assurance that the proposed use or changing use will satisfy the air quality, vibration and exterior lighting standards of this article.
    2. Violation of standards. Whenever the Building Inspector or Administrator have reason to believe the air quality, vibration and exterior lighting standards of this article have been violated, written notice shall be made by certified mail to the person or persons responsible for the alleged violation. Such notice shall describe the alleged violation and shall require an answer or correction of the alleged violation within 30 days. Failure to reply or correct the alleged violation within 30 days may cause lawful action to be taken to cause correction as provided in this article or referral of the alleged violation to the State Department of Natural Resources.

(Code 1991, § 13-1-28; Ord. No. 09-98-01, § 13-1-28, 9-21-1998; Ord. No. 10-05-1, § 13-1-28(c)(2), (e)(9), 10-17-2005)

1. Purpose. This district is intended to provide for uses which present special problems, hazards or other circumstances with regard to the use of land. Included are those uses of land which require extremely large expanses of land; those which afford very severe hazards to health, safety, or other aspects of the general welfare; those for which it is inappropriate or undesirable to have more than one instance of a given land use within one community or governmental jurisdiction.
2. Permitted uses. No uses are permitted as a matter of right within the SP District.
3. Conditional uses. The following are permitted as conditional uses within the SP District. All such uses shall be subject to the consideration and approval of the Plan Commission with regard to such matters as the creation of nuisance conditions for the public or for users of nearby areas, the creation of hazards to health or safety, or other factors affecting the general welfare: Refuse disposal sites, dumping grounds, sanitary landfill operations, or similar uses; with the specific provision that setbacks, screening, protective fencing, or some combination of these, be provided in a manner adequate to protect the general public from any and all nuisances, hazards or other harmful conditions.

(Code 1991, § 13-1-29)

1. Purpose. The Planned Community Development District is established to provide a regulatory framework designed to promote improved environmental design in the City by allowing for greater freedom, imagination and flexibility in the development of land, while ensuring substantial compliance to the basic intent of the zoning chapter and the general plan for community development. It allows diversification and variation in the relationship of used, structures, open spaces and heights of structures in developments conceived and implemented as comprehensive and cohesive unified projects.
2. Permitted uses. The following uses are permitted in the Planned Unit Development District; provided, however, that no use shall be permitted except in conformity with a specific and precise development plan pursuant to the procedural and regulatory provisions as hereinafter set forth:
   1. Any use permitted by right or as a conditional grant in any of the other district of this article may be permitted, subject to the criteria as established herein, but such requirements as are made a part of an approved, recorded precise development plan shall be, along with the recorded plan itself, construed to be enforced as part of this article.
   2. Lot area, lot width, height, floor area ratio, yard and usable open space requirements. In the Planned Unit Development District, there shall be no predetermined specific lot area, lot width, height, yard and usable open space requirements, but such requirements as are made a part of an approved recorded precise development plan shall be, along with the recorded plan itself, construed to be and enforced as a part of this article.
   3. Off-street parking. In the Planned Unit Development District, off-street parking facilities shall be provided in accordance with applicable regulations herein set forth and such requirements as are made a part of an approved recorded precise development plan.
3. Criteria for approval. As a basis for determining the acceptability of a Planned Unit Development District application, the following criteria shall be applied to the precise development plan for such district with specific consideration as to whether or not it is consistent with the spirit and intent of this article, has been prepared with competent professional advice and guidance, and produces significant benefits in terms of environmental design:
   1. Character and intensity of land use. In a Planned Unit Development District, the uses proposed and their intensity and arrangement on the site shall be a visual and operational character which:
      1. Are compatible to the physical nature of the site.
      2. Would produce an attractive environment of sustained aesthetic and ecologic desirability, economic stability and functional practically.
      3. Would not adversely affect the anticipated provision for school or other municipal services.
      4. Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.
   2. Economic feasibility and impact. The proponents of a Planned Unit Development District application shall provide evidence satisfactory to the Common Council of its economic feasibility, of available adequate financing, and that it would not adversely affect the economic prosperity of the City or the values of surrounding properties.
   3. Engineering design standards. The width of street right-of-way, width and location of street or other paving, outdoor lighting location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering consideration shall be based upon determination as to the appropriate standards necessary to implement the specific function in the specific situation; provided, however, that in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City.
   4. Preservation and maintenance of open space. In a Planned Unit Development District, adequate provision shall be made for the permanent preservation and maintenance of common open space either by private reservation or dedication to the public.
      1. In the case of private reservation, the open area to be reserved shall be protected against building development by conveying to the City, as part of the conditions for project approval, an open space easement over such open areas.
      2. The care and maintenance of such open space reservation shall be assured by establishment of appropriate management organization for the project. The manner of assuring maintenance and assessing such cost to individual properties shall be included in any contractual agreement with the City and shall be included in the title to each property.
      3. Ownership and tax liability of private open space reservation shall be established in a manner acceptable to the City and made a part of the conditions of plan approval.
   5. Implementation schedule. The proponents of a Planned Unit Development District shall submit a reasonable schedule for the implementation of the development to the satisfaction of the Common Council, including suitable provisions for assurance that each phase could be brought to completion in a manner which would not result in adverse effect upon the community as a result of termination at that point.
4. Procedure. The procedure for rezoning to a Planned Unit Development District shall be as required for any other zoning district change under this article, except that in addition thereto, the rezoning may only be considered in conjunction with a development plan and shall be subject to the following additional requirements:
   1. General Development Plan. This Plan shall include the following information:
      1. A statement describing the general character of the intended development.
      2. An accurate map of the project area including its relationship to surrounding properties and existing topography and key features.
      3. A plan of the proposed project showing at least the following information in sufficient detail to make possible the evaluation of the criteria for approval as set forth in Subsection (c) of this section:
         1. The pattern of proposed land use, including shape, size and arrangement of proposed land areas, density and environmental character.
         2. The pattern of public and private streets.
         3. The location, size and character of recreational and open space areas reserved or dedicated for public uses such as school, park, greenway, etc.
         4. A utility feasibility study.
      4. Appropriate statistical data on the size of the development ratio of various land uses, percentages of multifamily units by number of bedrooms, economic analysis of the development, expected staging and any other plans or data pertinent to evaluation by the City under the criteria of Subsection (c) of this section.
      5. General outline of intended organizational structure related to property owner's association, deed restrictions and private provision of common services.
   2. Referral and hearing.
      1. Within a reasonable time after completion of the filing of the petition for approval of a general development plan, the Plan Commission shall forward the application to the Common Council, with a recommendation that the plan be approved as submitted; approved with modifications or disapproved. Upon receipt of the Plan Commission's recommendations, the Council shall determine whether or not to initiate a proposed zoning change to permit the proposed planned community development district and to schedule the required public hearing. If the Board fails to initiate such a change within 30 days, the petitioner may file a petition directly with the City Clerk-Treasurer.
      2. Approval of the rezoning and related general development plan shall establish the basic right of use for the area in conformity with the plan as approved, which shall be recorded as an integral component of the district regulations, but such plan shall not make permissible any of the uses as proposed until a specific implementation plan is submitted and approved for all or a portion of the general development plan.
   3. Specific implementation plan. A specific and detailed plan implementation of all or a part of a proposed Planned Unit Development District must be submitted within a reasonable period of time, as determined by the Common Council. If a specific implementation plan has not been submitted within said time, which the Common Council determines to be a reasonable phase of the total plan, a petition to rezone the property back to the previous zoning from the Planned Unit Development District shall be filed by the appropriate City official with the City Clerk-Treasurer for processing. The specific implementation plan shall be submitted to the Common Council and shall include the following detailed construction and engineering plans and related detailed documents and schedules:
      1. An accurate map of the area covered by the plan, including the relationship to the total general development plan.
      2. The pattern of public and private roads, driveways, walkways and parking facilities.
      3. Detailed lot layout and subdivision plan where required.
      4. The arrangement of building groups, other than single-family residences, and their architectural character.
      5. Sanitary sewer and water mains.
      6. Grading plan and storm drainage system.
      7. The location and treatment of open space areas and recreational or other special amenities.
      8. General location and description of any areas to be dedicated to the public.
      9. General landscape treatment.
      10. Proof of financing capability.
      11. Analysis of economic impact upon the community.
      12. A development schedule indicating:
          1. The approximate date when construction of the project can be expected to begin;
          2. The stages in which the project will be built and approximate date when construction of each stage can be expected to begin;
          3. The anticipated rate of development;
          4. The approximate date when the development of each of the stages will be completed.
      13. Agreements, bylaws, provisions or covenants which govern the organizational structure, use maintenance, and continued protection of the Planned Unit Development and any of its common services, common open areas or other facilities.
      14. Any other plans, documents or schedules requested by the City.
   4. Approval of the specific implementation plan.
      1. Following a review of the specific implementation plan and a recommendation from the Plan Commission, the Common Council may approve the plan and authorize development to proceed accordingly or disapprove the plan and request negotiations with the developer.
      2. In the event of approval of the specific implementation plan, the building, site and operational plans for the development, as approved, as well as all other commitments and contractual agreements with the City offered or required with regard to project value, character and other factors pertinent to an assurance that the proposed development will be carried out basically as presented in the official submittal plans, shall be recorded by the developer within a reasonable period of time, as determined by the Common Council in the County Register of Deeds office. This shall be accomplished prior to the issuance of any building permit.
      3. Any subsequent change or addition to the plans or use shall first be submitted for approval to the City Attorney and Common Council, and, if in the opinion of the Common Council such change or addition constitutes a substantial alteration of the original plan, the procedure provided in this Subsection (d) shall be required.

(Code 1991, § 13-1-30)

1. Purpose. This district is intended to preserve the natural state of scenic areas in the City and to prevent the uncontrolled, uneconomical spread of residential or other development, and to help discourage intensive development of marginal lands so as to prevent hazards to public and private property.
2. Permitted uses. The following uses of land are permitted in the CON District, except as may be prohibited within a Federal floodplain area:
   1. Harvesting of wild crops, such as wild rice, marsh hay, ferns, moss, berries, tree fruits and tree seeds.
   2. Forestry and the management of forests.
   3. Wildlife preserves.
   4. The management of wildlife, including waterfowl, fish and other similar lowland animals and nonresidential buildings used solely in conjunction with such activities.
   5. Hunting, fishing and trapping.
   6. Public and private parks, picnic areas and similar uses.
   7. Hiking trails and bridle paths.
   8. Preservation of areas of scenic, historic or scientific value.
   9. Uses similar and customarily incident to any of the above uses.
3. Conditional uses. The following are permitted as conditional uses in the CON District, a Conditional Use Permit application is required:
   1. Dams, flowages, ponds, and water storage and water pumping facilities.
   2. Power plants deriving their power from the flow of water and transmission lines and other facilities accessory thereto.
   3. Utilities such as, but not restricted to, telephone, power or other transmission lines.
   4. Piers, docks and boathouses.
   5. Relocation of any watercourse.
   6. Filling, drainage or dredging of wetlands, provided that this shall conform to any shorelands zoning ordinance enacted pursuant to Wis. Stats. § 59.971.
   7. Removal of topsoil or peat.
   8. Cranberry bogs.
   9. Camping grounds open to the public.
   10. Golf courses open to the public.
   11. Agricultural and animal husbandry.
4. Specifications. There are no setback, lot size or other dimensional standards applicable in the CON District.

(Code 1991, § 13-1-31)

The use of properly planted and maintained buffer areas may reduce and ease potential incompatibility between and among different uses of land in proximity to each other.

1. Requirements. Site landscaping shall meet the following requirements:
   1. When required, the landscaped buffer area shall not be less than eight feet in width measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line or lines.
   2. Landscaped areas shall be so designed, planted and maintained to create a visual screen between the subject property and adjacent properties or the public street and shall when adjacent or across the street from residential properties provide 75 percent or more opacity between two and six feet above average ground level when viewed horizontally.
   3. Types and numbers of plantings for landscaped buffers shall be submitted with application for a building permit or special exception, along with plans and statements demonstrating how the buffer will be maintained in the future.
   4. Plantings shall be of a size and type which will ensure the meeting of the 75 percent opacity requirements within no longer than twelve months of the date of the first planting.
   5. Failure to maintain the landscaped buffer area as set out above shall be a violation of these zone regulations.
   6. Salt-tolerant trees which create a visual canopy when viewed from a distance shall be used in landscaped islands in parking areas or along driveways in order to break up the expanse of parking areas and to define the edges of the roadway.
   7. Preservation of existing trees and shrubs is encouraged as is use of natural landscaping principles.
2. Substitution for landscaped buffer area. Except when otherwise specifically provided by these regulations, a six-foot-high opaque structure set in a six-foot-wide landscaped buffer area may be substituted for the six-foot-high planted buffer above. If such opaque structure is of non-living materials, for each ten feet thereof, an average of one shrub or vine shall be planted abutting such barrier but need not be spaced ten feet apart. Such shrubs or vines shall be planted along the outside of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscaping.
3. Sight distance. When an accessway intersects a public right-of-way, all landscaping shall provide unobstructed visibility at a level between 2½ feet and ten feet as provided in Article IX of this chapter. No structure of landscaping except required grass or ground cover shall be located closer than three feet from the edge of any access.

(Code 1991, § 13-1-39; Ord. No. 09-98-01, § 13-1-39, 9-21-1998)