Rice Lake City Zoning Code

One- family dwellings, including manufactured homes which meet the requirements of § 88-10, but not including manufactured homes which do not meet the criteria of § 88-10, which are only allowed in approved and licensed mobile home parks.

Churches, funeral homes and funeral chapels.

Branch telephone exchanges.

Schools, public and parochial, of the K-12 type.

Public libraries.

Parks and playgrounds.

Foster homes.

Uses clearly similar in character and function to those listed above.

Accessory buildings and uses incidental to any of the above structures when located on the same lot. The number of accessory buildings shall be limited to two structures. Such structures shall be limited to a maximum of 1,100 square feet, the sum of all such structures shall be limited to 1,100 square feet, and such structures shall not exceed the square footage of the principal structure. Such accessory structures shall not exceed either the maximum height of 25 feet or the height of the principal structure, whichever is the lesser of the two standards.

Accessory buildings for conditional uses. Approval of the Plan Commission is needed as part of the conditional use permit.

Parking incidental to a principal use.

Hospitals and related medical facilities which are in close proximity to a hospital complex.

Home occupations.

Day-care centers.

Height. No one- family residence shall exceed 35 feet or two stories in height. All other buildings permitted in this district shall have a height not to exceed 60 feet.

Rear yard. There shall be a rear yard on all interior lots of not less than 25 feet, except detached private garages shall be permitted in the rear yard according to Subsection E(6).

Side yard. There shall be a side yard on each side of the building of not less than 10 feet for buildings of one, 1 1/2 and two stories.

Front yard. There shall be a front yard of not less than 25 feet on every lot, except where two or more buildings are located approximately the same distance from the street line on the same side of the street and between two intersecting streets so as to establish a setback line, provided that in no case will the front yard be less than 15 feet.

Private garages and accessory buildings. An attached private garage shall be considered a part of the main building. Accessory buildings on interior lots shall have a rear yard setback of not less than three feet and a side yard setback of not less than three feet, unless any portion of the garage is less than five feet from the rear building line of the main building, in which case the side yard setback of not less than 10 feet is required.

Building area. No building with its accessory building shall occupy more than 40% of an interior lot or more than 50% of a corner lot.

Lot area per family. Every single-family dwelling shall provide a lot area of not less than 8,000 square feet.

Number of buildings on a lot of record. Not more than one principal one-family dwelling shall be located on a lot of record.

Any use permitted in the RS District.

Two-family dwellings.

Rooms for up to four paying guests or boarders.

Family day-care centers.

Adult family homes (except residential care apartment complexes).

Foster homes.

Community based residential facilities.

Uses clearly similar in character and function to those listed above.

Any permitted accessory use in the RS District.

Hospitals and related medical facilities which are in close proximity to a hospital complex.

Home occupations.

Group day-care centers.

Height. No one- or two-family residence shall exceed 35 feet or two stories in height. All other buildings permitted in this district shall have a height not to exceed 60 feet.

Side yard.

Rear yard. There shall be a rear yard of not less than 25 feet on all lots.

Front yard. There shall be a front yard of not less than 25 feet on every lot, except where two or more buildings are located approximately the same distance from the street line on the same side of the street and between two intersecting streets so as to establish a setback line, provided that in no case will the front yard be less than 15 feet.

Corner lot. All corner lots platted before August 1, 1968, having a width of 50 feet or less shall have a setback line graduated from 15 feet for a lot 50 feet in width to 1/2 foot less for each foot or fraction thereof that the lot is less than 50 feet in width, provided that the minimum setback line shall be 10 feet. The rear portion of a corner lot which is divided or which is used for a separate residence shall be considered as an interior lot.

Private garages and accessory buildings. An attached private garage shall be considered a part of the main building. Accessory buildings on interior lots shall have a rear yard setback of not less than three feet and a side yard setback of not less than three feet, unless any portion of the garage is less than five feet from the rear building line of the main building, in which case the side yard setback of not less than 10 feet is required.

Building area. No building with its accessory building shall occupy more than 50% of an interior lot or more than 60% of a corner lot.

Lot area per family. Every one-family dwelling shall provide a lot area of not less than 6,000 square feet per family. Every two-family dwelling shall provide a lot area of not less than 4,000 square feet per family unless such dwelling was used as a two-family dwelling before March 29, 2005.

Number of buildings on a lot of record. Not more than one principal one- or two-family dwelling shall be located on a lot of record.

Any use permitted in the R District, except one-family dwellings not meeting Subsection B(2) below.

One-family dwellings existing, built or granted a building permit before March 29, 2005.

Apartment houses.

Boardinghouses or lodging houses.

Charitable institutions and private nonprofit clubs and lodges.

Nursing homes and residential care apartment complexes.

Uses clearly similar in character and function to those listed above.

Public garages for storage purposes of residents only and where no repair facilities are maintained.

Parking incidental to a principal use.

Low-cost and dormitory-type housing in areas of special need, under either public or private sponsorship, and as a conditional use. These uses will require building, site and operational plan review and approval of individual projects by the Plan Commission, as set forth in § 260-14.

Height, area and setback regulations for low-cost and dormitory-type housing in areas of special need.

This district is intended to provide spacious home sites for residential development of a suburban or rural character, limited to single-family homes on individual lots. In keeping with a peaceful single-family environment, other uses that provide service to residential areas such as schools, churches, high activity parks, and certain institutional uses, but which can also stress a peaceful atmosphere, are permitted only on a conditional use basis.

Since portions of the district are served with public sewers and portions are not, but all of the district is likely to eventually receive sewers, the City of Rice Lake Subdivision Ordinance[1] provides coordinated regulations wherein the larger required land area dimensions for unsewered soil absorption sewerage treatment conditions related to the smaller ultimate land area to be permitted when public sewers are installed. Accordingly, land may be platted at the ultimate sewered size dimensions and groups of lots held in common ownership to meet the larger unsewered dimensions until sewers arrive, or the land may be platted into the larger unsewered dimensions, but sized, if so required by the Plan Commission, to allow later resubdivision into the ultimate dimensions when sewers arrive, as provided for in the City of Rice Lake Subdivision Ordinance.

One single-family dwelling.

Public or private parks and recreation areas, but not including facilities for organized athletics, except as permitted as a conditional use.

Uses clearly similar in character and function to those listed above.

Accessory buildings and uses incidental to any of the above structures when located on the same lot. The number of accessory buildings shall be limited to two structures. For lots up to five acres, such structures shall be limited to a maximum of 2,400 square feet, and the sum of all such structures shall be limited to 2,400 square feet. For every additional five acres of lot size, or portion thereof, such structures are allowed an additional 1,000 square feet for the maximum size and total area. Such accessory structures shall not exceed either the maximum height of 25 feet or the height of the principal structure, whichever is the lesser of the two standards.

Quarters for household employees, provided that such quarters shall be occupied only by individuals employed full time on the premises and their families.

Home gardening and horticulture.

Service buildings and facilities normally incident to the use of public park or recreation area.

Farm animals or fowl, except swine and furbearers, for family food production or recreation only, subject to the following provisions:

Parking incidental to a principal use.

Recreational and social facilities, such as athletic fields involving organized teams and leagues, golf courses (but not including separate golf driving ranges or miniature golf grounds), courts and fields for noncommercial recreation clubs and lodges; noncommercial recreation and community centers and swimming pools.

Schools, public and parochial, of the K-12 type.

Churches.

Public utility offices and installations and substations, municipal and community water towers, pump stations.

Two-family dwellings where the second unit does not exceed 60% of the floor area of the principal unit, its occupancy is intended for a family member related by blood, adoption or marriage to the occupants of the principal unit, at least one entrance to the second unit is through the principal unit, and where the overall appearance of the structure resembles that of a single-family residence.

Home occupations.

Day-care centers.

Height. No one-family residence or its accessory buildings shall exceed 35 feet or two stories in height. All other buildings permitted in this district shall have a height not to exceed 60 feet.

Rear yard. There shall be a rear yard on all interior lots of not less than 25 feet.

Side yard. There shall be a side yard on each side of the building of not less than 15 feet for buildings of one, 1 1/2 and two stories.

Front yard. There shall be a front yard of not less than 30 feet on every lot.

Lot area per family. Every single-family dwelling shall provide a lot area of not less than 1 1/2 acre. However, any lot of less than 1 1/2 acre located in the Town of Rice Lake Extraterritorial Zoning Area being used for residential purposes, including duplexes, as of June 28, 2005, the effective date of this subsection, shall be deemed a permitted use, subject to restrictions under § 260-24C, Permitted accessory uses, and under § 260-24D, Conditional uses.

Number of buildings on a lot of record. Not more than one principal one-family dwelling shall be located on a lot of record.

Business, professional or public service offices not exceeding 3,600 square feet of primary floor area.

Retail stores and shops offering convenience goods and individually not exceeding 4,800 square feet of primary floor area.

Customer or personal service establishments such as financial services, shoe repair, barber and beauty shops, studios and similar uses, each not exceeding 3,200 square feet of primary floor area, and not offering drive-through facilities.

Uses clearly similar in character and function to those listed above.

Buildings and uses customarily incidental to any of the above structures or uses when located on the same premises.

Off-street parking and loading areas.

Garages for storage of vehicles used in conjunction with the operation of the business.

Automobile fuel sales.

Rental apartments as a secondary use of a commercial building, and on other than the ground floor level unless located to the rear of the storefront or commercially used space.

Restaurants, taverns, bars, etc., not offering live entertainment.

Small animal veterinary clinics and accessory indoor boarding kennels.

Care centers such as day-care centers or adult day care, nursing or convalescent centers including hospices, but not hospitals.

Residential quarters for the owner, proprietor, commercial tenant, employee, or caretaker located in the same building as the business, and on other than the ground floor unless located to the rear of the storefront or commercially used space.

This district should normally be applied to parcels or groups of parcels whose primary floor area would total as a group less than 20,000 square feet.

Outside storage uses such as travel-moving vehicle or trailer rental, sale of motor vehicles, outside display of merchandise or goods storage, are not permitted.

Outdoor sound systems, cooking odors from food preparation, high-intensity site lighting, drive-through facilities, and late hours of operation, each pose special stress to nearby residential uses and should not ordinarily be approved in this district as part of permitted uses, unless the Plan Commission is satisfied in the specific circumstances that the degree of such aspects would be reduced below stress levels, or that mitigation measures would adequately protect nearby residential areas.

Height. No building shall exceed 35 feet in height.

Front yard. There shall be a front yard of not less than 25 feet on every lot, except where two or more buildings are located approximately the same distance from the street line on the same side of the street and between two intersecting streets so as to establish a setback line, provided that in no case will the front yard be less than 15 feet.

Rear yard. There shall be a rear yard of not less than six feet.

Side yard. A side yard shall be not less than six feet wide.

Building area. A building with its accessory buildings shall be unlimited in area, provided that all off-street parking and setback regulations are complied with.

Offices for the professions, businesses, government and utilities, studios, clinics.

Retail stores and shops without limitation as to size, on individual sites or grouped into shopping centers, but involving only incidental and transient outdoor storage of goods.

Community and customer service establishments including financial services, consumer item repairs including eating and drinking establishments, overnight lodging, indoor commercial recreation such as bowling alleys, and physical fitness salons and gyms.

Hotels, motels, resorts and other overnight lodging.

Theaters.

Amusement or entertainment halls.

Printing offices.

Gun and bicycle repair shops.

Bus depots and train depots or stations.

Public garages and repair shops.

Service stations, washing and repair stations and garages, provided that all gas pumps are not less than 30 feet from any existing or proposed street line.

Automobile drive-through facilities provided the service rendered or product sold is provided to each customer while they remain in or near their car and provided one or a few vehicles at a time are served as contrasted with an outdoor theater where all customers are served at once.

Mini-storage facilities.

Other uses clearly similar in character and function to those uses listed above.

Fairgrounds.

Wholesale business and light warehousing. The storage of goods is limited to no more than 30,000 square feet of interior storage of manufactured goods not requiring any further processing and not requiring cranes or hoists outside the building for handling, loading or unloading. All storage shall be enclosed.

All accessory uses as permitted in the CN District.

Buildings and uses customarily incidental to any of the above structures or uses when located on the same premises.

Off-street parking and loading areas.

Any use permitted in the RM District, except one- and two-family residences.

Recreational establishments including drive-in theaters, golf or baseball driving ranges, archery fields, miniature golf courses or similar uses.

Rental apartments as a secondary use of a commercial building on other than a ground level floor.

Care centers, such as for children or adults, nursing or convalescent centers including hospices, but not hospitals.

Manufacturing related to commercial uses.

Any use permitted in the CH District but not so permitted in this district (not conditional uses in CH).

Height. No building shall exceed 60 feet in height.

Front yard. There shall be a front yard of not less than 25 feet on every lot, except where two or more buildings are located approximately the same distance from the street line on the same side of the street and between two intersecting streets so as to establish a setback line, provided that in no case will the front yard be less than 15 feet.

Rear yard. There shall be a rear yard of not less than six feet.

Side yard. A side yard shall be not less than six feet wide.

Building area. A building with its accessory buildings shall be unlimited in area, provided that all off-street parking and setback regulations are complied with.

To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments and wholesale businesses, offering commodities and services required by residents of the City and its surrounding market area.

To provide opportunities for retail stores, offices, service establishments, and wholesale businesses to concentrate for the convenience of the public and in mutually beneficial relationship to one another.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them.

To provide appropriately located areas for establishments catering to tourists and highway travelers.

To provide appropriately located areas for establishments that generally require larger sites and do not require close proximity to other retail uses.

Any uses permitted by right or by conditional use in the CN or C Districts, except rental apartments as a secondary use.

Any retail or service uses involving outside storage or display of product which are otherwise prohibited in the CN and C Districts, for example automobile sales, building supply stores and yards, excluding, however, such uses as those which are regulated in the Industrial Districts.

General merchandising and wholesaling establishments.

Uses clearly similar in character and function to those permitted above.

All accessory uses as permitted in the CN and C Districts.

Retail or service uses involving related indoor manufacturing (cabinet shops, heating and cooling equipment sales and service with on-site ductwork fabrication, etc.), where the manufacturing floor area does not exceed 5,000 square feet.

Buildings and uses customarily incidental to any of the above structures or uses when located on the same premises.

Off-street parking and loading areas.

Retail or service uses involving related indoor manufacturing (cabinet shops, heating and cooling equipment sales and service with on-site ductwork fabrication, etc.), where the manufacturing floor area exceeds 5,000 square feet.

Height. No building shall exceed 60 feet in height.

Front yard. There shall be a front yard of not less than 25 feet on every lot, except where two or more buildings are located approximately the same distance from the street line on the same side of the street and between two intersecting streets so as to establish a setback line, provided that in no case will the front yard be less than 15 feet.

Rear yard. There shall be a rear yard of not less than six feet.

Side yard. A side yard shall be not less than six feet wide.

Building area. A building with its accessory buildings shall be unlimited in area, provided that all off-street parking and setback regulations are complied with.

All off-street parking areas of more than 10,000 square feet shall provide canopy-type shade trees along with other forms of vegetation hardy to this region in tree islands and planting buffer strips totaling not less than 3% of the surfaced parking area. The size, type and location of the islands and plant material shall be indicated on building, site and operational plans.

Internal access roads to intersecting highways shall be provided, insofar as possible, to enable development on both sides of the access road. No public or private access road shall be nearer than 200 feet to the right-of-way of the intersecting highway, as measured along the center line of the street providing connection between the public or private access road and the intersecting highway.

The proposed use shall be in general conformance with any applicable interchange plan.

Traffic generation, circulation and off-street parking shall not create hazardous traffic conditions and shall not have an adverse impact on surrounding land uses.

Proposed lighting shall not be directed onto adjacent property or any public street or highway.

Retail sales establishments.

Financial institutions.

Personal and business service establishments.

Commercial services and professional offices.

Restaurants, cafes, bakeries, taverns and nightclubs.

Government offices, post offices and libraries.

Medical, dental and eye clinics.

Private clubs and lodges.

Printing and publishing houses and related activities.

Churches.

Commercial studios and display galleries.

Hotels.

Apartment buildings, when located to the east of the East Main Street Alley or west of the West Main Street Alley, subject to the parking requirements of Article V of the City of Rice Lake Zoning Code.

Uses clearly similar in character and function to those listed above.

Accessory garages for storage of vehicles used in conjunction with the operation of the permitted use.

Off-street parking lots and loading areas.

Rental apartments as an incidental or secondary use on a non-ground-floor level.

Any other normal accessory structure or use.

Gasoline service stations.

Appliance and small machinery repair establishments.

Motels.

Theaters and bowling alleys.

Rest homes and nursing homes.

Warehouses for local wholesale and retail establishments.

Day-care centers, subject to state licensing requirements.

Transmitting towers, receiving towers and relay and microwave towers.

Bus depots and train depots and stations.

A minimum front yard setback is not required.

Minimum side yard setbacks are not required, except when adjacent or abutting a residential district, where there shall be a side yard setback of 10 feet. Where side yard setbacks are provided a minimum of 10 feet shall be maintained.

A minimum rear yard setback is not required, except when adjacent or abutting a residential district, where there shall be a rear yard setback of 25 feet.

No new building or structure within the Central Business Overlay District, except a security or decorative fence obstructing not more than 10% of the through vision, may protrude into the triangular area of a corner parcel enclosing an isosceles triangle described by two fifteen-foot legs extended each way from the vertex of the two street rights-of-way.

Retail stores and shops offering convenience goods, which may include outdoor display of goods during hours of operation.

Restaurants, cafes, bakeries, taverns and nightclubs.

Hotels.

Apartment buildings and apartments in a mixed-use building.

Business services, professional services, personal services, or public services.

Theaters.

Amusement or entertainment halls.

Medical, dental and eye clinics.

Clubs.

Places of worship.

Commercial studios and display galleries.

Uses clearly similar in character and function to those listed above.

Parking garage.

Surface parking.

Outdoor sound systems.

Continuous permanent outdoor storage or display of goods.

Motor vehicle sales, service, repair, or storage.

Drive-through facilities.

Maximum building height is 60 feet.

Yard setbacks are not required for any yard.

The maximum front setback shall be 10 feet, unless occupied by a civic space.

Storefronts of new or substantially rehabilitated buildings shall have a minimum 50% transparent glazing on the ground floor, measured as a percentage of the area determined by multiplying the building width by 10 feet.

Minimum parking. Uses in this district are exempted from the off-street parking requirements of Article V.

Location. No surface parking may be located between a front building line and a street frontage.

Offices, whether for single or multiple tenant use, including business, professional, governmental or other institutional occupancy.

Hospitals, medical and dental clinics.

Extended care facilities.

Uses clearly similar in character and function to those listed above.

Incidental service uses such as product or service display area, warehousing and repair service, customer or employee services including restaurants, cafeterias, day care facilities, studios or instructional areas, provided that these uses are accessory or subordinate to the principal office use by not comprising cumulatively more than 30% of the floor area.

Off-street parking or loading areas.

Any other structure or use normally accessory to the principal permitted uses.

Banks, savings and loan facilities, credit unions and similar financial service facilities having drive-up window service.

Rental apartments as a secondary use on other than the ground floor level.

Day-care centers not accessory to a principal office use.

Height. No building shall exceed 60 feet in height.

Front yard. There shall be a front yard of not less than 25 feet on every lot, except where two or more buildings are located approximately the same distance from the street line on the same side of the street and between two intersecting streets so as to establish a setback line, provided that in no case will the front yard be less than 15 feet.

Rear yard. There shall be a rear yard of not less than six feet.

Side yard. A side yard shall be not less than six feet wide.

Building area. A building with its accessory buildings shall be unlimited in area, provided that all off-street parking and setback regulations are complied with.

Light manufacturing assembly plants, laboratories, warehouses, truck terminals, utilities and railroad facilities, wholesaling of merchandise and identity signs only.

Contractors in the building trades, including general construction, mechanical, electrical, and utility contractors and their suppliers.

Certain commercial and office uses are also permitted if such are compatible with the primary industrial use. Such uses shall include industrially associated office and administration buildings and other facilities for accessory services.

All operations shall be completely enclosed within a building or within an area totally screened from view by a decorative fence or wall that is at least six feet in height.

Uses clearly similar in character and function to those listed above.

Public utilities facilities, including, but not limited to, renewable energy resources, solar panel arrays, electrical substations, water storage facilities, water pumping stations or booster stations, sewer lift stations.

Accessory buildings for storage and incidental industrial activity.

Parking and loading areas.

Outside storage. All storage of materials shall be completely enclosed within an area totally screened from view by a decorative fence or wall which is at least six feet in height, unless otherwise approved through conditional use permit.

Material recovery facilities or other recycling facilities for materials specified in § 287.07, Wisconsin Statutes.

The storage and/or distribution of petroleum products.

Primary metal industries, blast furnaces, rolling mills, foundries, metal refineries, forge plants, etc.

The manufacturing, processing or storage of explosives.

Residential buildings.

The manufacturing, processing or distribution of coal products.

The manufacturing, processing, storage or distribution of animals or animal by-products; rendering plants; meat packing; gelatin, glue, soap or fertilizer manufacturing; slaughtering houses, etc. This does not prohibit the manufacture of leather products from unfinished leather or the operation of cold storage plants.

Height. No building shall exceed 60 feet in height. Maximum building height may only exceed 35 feet, provided that the setback requirement for that portion of the building shall be increased six inches for each foot by which the building exceeds 35 feet.

Front yard: 25 feet from the right-of-way line.

Side yard: 25 feet, provided that interior rear yard setbacks for lots of 250 feet or less frontage may be reduced to a distance equal to 10% of such lot width, but in no case shall such setbacks be smaller than 10 feet. When adjoining a residential zone, a minimum setback of 50 feet shall be required. Setbacks for interior side yards abutting railroad rights-of-way shall be 10 feet.

Rear yard. A rear yard shall not be less than six feet.

Building area. A building with its accessory buildings shall be unlimited in area, provided that all off-street parking and setback regulations are complied with.

Off-street parking. Off-street parking shall be provided in accordance with this Municipal Code establishing off-street parking and loading requirements.

Loading docks and parking areas. Loading docks and parking areas shall be permitted on the street side of any building, provided that such activity is beyond the minimum setback area indicated in Subsection F(3) of this section.

Areas to be open. All front and exterior side minimum setback areas shall be open and unoccupied except for landscaping and landscaping structures, including walls, entranceways, flagpoles and other similar uses and also including identity signs when incorporated as landscape features.

Approval of plan. A building, site and operational plan under § 260-14 of this article shall be submitted to the Plan Commission and approved before the issuance of a building permit. Such plans shall show the front elevation, the setbacks, the off-street parking facilities, the loading facilities and the proposed landscaping.

Any use permitted in the Light Industrial District (IL).

Industries that may normally include the use of heavy machinery and may require outdoor storage areas for raw materials and for finished products.

Material recovery facilities or other recycling facilities for materials specified in § 287.07, Wisconsin Statutes.

Uses clearly similar in character and function to those listed above.

Outside storage. All storage of materials shall be completely enclosed within an area totally screened from view by a decorative fence or wall which is at least six feet in height.

Accessory buildings for storage and incidental industrial activity.

Parking and loading areas.

Residential dwellings, whether erected or moved into the district, provided that a one-family dwelling for the use only of a caretaker or watchman employed on the premises shall be permitted.

Automobile recycling centers.

The manufacturing, processing or distribution of petroleum or coal products or radioactive materials.

Primary metal industries, blast furnaces, rolling mills, foundries, metal refineries, forge plants, etc.

Wind energy conversion systems.

Height. No building shall exceed 60 feet in height.

Front yard. There shall be a setback of 15 feet from the right-of-way line.

Rear yard. There shall be a rear yard of not less than six feet.

Side yard. A side yard shall be not less than six feet wide.

Building area. A building with its accessory buildings shall be unlimited in area, provided that all off-street parking and setback regulations are complied with.

Off-street parking. Off-street parking shall be provided in accordance with this Municipal Code establishing off-street parking and loading requirements.

Loading docks and parking areas. Loading docks and parking areas shall be permitted on the street side of any building, provided that such activity is beyond the minimum setback area indicated in Subsection E(4) of this section.

Areas to be open. All front and exterior side minimum setback areas shall be open and unoccupied except for landscaping and landscaping structures, including walls, entranceways, flagpoles and other similar uses and also including identity signs when incorporated as landscape features.

Approval of plan. A building, site and operational plan under § 260-14 of this article shall be submitted to the Plan Commission and approved before the issuance of a building permit. Such plans shall show the front elevation, the setbacks, the off-street parking facilities, the loading facilities and the proposed landscaping.

Research, development and testing laboratories and facilities.

Manufacture, production, processing, cleaning, servicing or repair of technically oriented materials, goods or products generally associated with such fields as medical and dental supplies, optics, process design and software development, robotics, communications and energy.

Telecommunications centers.

Conference centers.

Educational and training centers.

Nursery schools and day-care centers primarily for children of persons employed in the technology park (TP).

Office and professional buildings.

Any other uses similar to those listed in this section.

Cafeterias.

Employee recreational facilities.

Maintenance facilities.

Communications towers.

Warehousing.

Height. No building shall exceed two stories or 35 feet in height.

Front yard setback. There shall be a required front yard setback of 25 feet from the right-of-way line.

Side yard setback. There shall be a required side yard setback of 20 feet from the lot line.

Rear yard setback. There shall be a required rear yard setback of 20 feet from the lot line.

Minimum lot width. Minimum lot width shall be 150 feet at the building line. Excessive lot depth in relation to width shall be avoided, and a proportion of two to one shall be normally considered as a desirable ratio.

Minimum lot area. The minimum lot area shall be one acre.

Complete architectural design must be given to all the facades of all buildings, with every side and rear elevation being given architectural treatment compatible with the front elevation of the building. To establish a standard of quality and maintain architectural integrity, exterior walls facing streets are to be faced with brick, decorative masonry or equivalent material from finished grade to roof level. Standard cinder or concrete block shall not be considered sufficient for the purpose of maintaining desired architectural integrity of buildings being built within the technology park (TP). A suitable amount of metal or other trim material will be allowed towards aesthetics of any such building upon the discretion of the Community Development Department.

Solid waste containers shall be screened by decorative fencing or green shrubbery. No other fencing shall be allowed in this zoning district.

One freestanding, monument (business) type sign per business shall be allowed. The total size of the sign shall not exceed 100 square feet. The maximum height of the sign shall not exceed eight feet above ground level. The sign shall be set back a minimum of 15 feet from the right-of-way line.

One exterior wall sign per business shall be allowed. The total size of the sign shall not exceed 10% of the area of the wall upon which the sign is erected. The wall sign shall be flush-mounted. Signs painted directly on the surface of the wall shall not be permitted.

No signs shall project above the top of the highest exterior wall of the building. Signs may be lighted. However, no signs shall be devised or constructed so as to rotate, gyrate, blink or move in any animated fashion within the technology park (TP) Zoning District. Sign illumination shall be either directed down at the sign or internally lit.

All signs shall be restricted to advertising for the person, firm, company or corporation operating the use conducted on the site or the products produced or sold therein, except for directional signage for campus facilities.

All other provisions that are applicable as required by the sign code of the City of Rice Lake. [See Article VIII, Signs, Awnings and Canopies.]

The Agricultural District (A) is established to help conserve good farming areas and prevent the uncontrolled, uneconomical spread of residential development since it results in excessive costs to the community for provision of essential public improvements and services (sewer and water lines, etc.). Further, the district is created to protect areas where agricultural production on prime agricultural soils is the dominant land use and where a continuation of such use is in the interest of the farm operators and beneficial to the interests of the general public in terms of production of food and fiber and environmental quality. Except for continuation of preexisting uses, this district will allow, by right, very few nonagricultural uses or development. This policy is intended to avoid conflicts that occur when farm and nonfarm uses are mixed and to reduce the adverse pressures upon farming caused by speculative land values and consequent increases in property taxes on farmlands.

Some agricultural or agriculturally related uses are treated as conditional uses in this district because of potential problems of pollution or conflicts with land uses in nearby districts.

Farming uses. Except as provided in subsequent sections, the following types of agricultural uses are permitted uses:

Housing uses.

Other uses.

Agriculturally related conditional uses.

Farm-related housing conditional uses.

Nonfarm conditional uses.

Residential lot and yard sizes.

Farm parcel size. The minimum parcel size to establish a farm operation or a residence shall be 35 acres, except as follows:

Height limits. Buildings or parts of buildings used for human habitation shall comply with the height requirements of the Residential District.

Standards for conditional uses. In deciding applications for conditional uses, the Plan Commission shall consider the effect which the proposed use would have upon agricultural operations in the vicinity of the proposed conditional use. Approval may be subject to conditions which are designed to reduce such adverse impacts. Impacts which are compatible with agriculture in the area may be the basis for approval. The Plan Commission shall also consider whether other locations, less threatening to continued farming of good agricultural lands, might be available for the proposed use and the strength of the reasons offered by the applicant in support of the site in question. In addition, the following standards apply:

Upon consideration of the proposal, site characteristics and land use development patterns, the Plan Commission may impose additional conditions, beyond the standards and requirements set forth in this article to protect the public health, safety, and welfare. Such conditions may include, and are not limited to: number and type of animals; setting setbacks and separation distances; facility design and construction; provision for financial assurance; and any other requirements necessary to fulfill the purpose and intent of this article.

Standards for rezoning land out of the Agricultural District. When the Plan Commission or the Common Council considers applications to remove lands from the Agricultural District, the following factors shall be considered in making a finding as to whether the rezoning is in the public interest:

Uses permitted in the Agricultural District (A), § 260-33.

One single-family dwelling.

Home occupations, as permitted in § 260-68.

Churches.

Municipal buildings.

Preexisting structures existing, built or granted a building permit prior to March 29, 2005.

Accessory buildings. The number of accessory buildings shall be limited to two structures. The sum area of all such structures shall be limited to a maximum of 3,400 square feet on a ten-acre parcel. For every additional five acres of lot size, or portion thereof, such structures are allowed an additional 1,000 square feet for the maximum size and total area.

Parking lots that may be necessary for permitted or conditional uses subject to § 260-51.

Private kennels.

Private mineral extractions: Type 1.

Agriculturally related sales and services.

Woodworking shop.

Community living arrangements.

Cemeteries for human interment.

Lot requirements. In the Agricultural Transition District (AT), the minimum lot size shall be 10 acres and the maximum lot size shall be 35 acres.

Height limits. Buildings or parts of buildings used for human habitation shall comply with the height requirements of the One and Two- Family Residential District (R).

The following are locational standards for nonfarm and residential structures:

Standards for conditional uses. In deciding applications for conditional uses, the Plan Commission shall consider the effect which the proposed use would have upon agricultural operations in the vicinity of the proposed conditional use. Approval may be subject to conditions which are designed to reduce such adverse impacts. Impacts which are compatible with agriculture in the area may be the basis for approval. The Plan Commission shall also consider whether other locations, less threatening to continued farming of good agricultural lands, might be available for the proposed use and the strength of the reasons offered by the applicant in support of the site in question.

Standards for rezoning land out of the Agricultural Transition District. When the Plan Commission or the Common Council considers applications to remove lands from the Agricultural Transition District, the following factors shall be considered in making a finding as to whether the rezoning is in the public interest:

Management of forestry, wildlife and fish. Management of forestry requires practices that conform to a DNR approved forest stewardship plan.

Harvesting of wild crops, such as marsh hays, ferns, moss, berries, fruit trees and tree seeds.

Hunting, fishing and trapping.

Dams, power stations and transmission lines.

Bicycle or hiking trails.

Parks.

Upon written permission from the Common Council (based on the purposes of this chapter and on the recommendations of the Plan Commission following a public hearing), sewage disposal plants, water pumping or storage facilities, golf courses and public camping grounds.

Uses customarily incident to any of the above uses.

The provisions of the Conservancy District can be applied as an overlay district to properties with another underlying base zoning.

So applying the Conservancy District requires submittal, review and approval of building, site and operational plans for the property that report or show:

Conservancy overlay areas shall be divided from the main property as an outlot within a certified survey map or plat of the property.

Botanical gardens and arboretums (noncommercial).

Historic and monument sites.

Ice skating rinks and warming building.

Parks: general recreation.

Parks: leisure and ornamental.

Picnicking areas.

Playfields or athletic fields.

Playgrounds.

Play lots or tot lots.

Swimming beaches.

Tennis, volleyball or basketball courts.

Horseshoe pits.

Boats, boat landings and boat docks.

Cemeteries.

Golf courses and golf driving ranges with or without country club facilities; requires building, site and operational plan review per § 260-14.

Garages for storage of vehicles or materials used in conjunction with the operation of a permitted use.

Off-street parking and loading areas for vehicles used in conjunction with the operation of a permitted use.

Service buildings and facilities normally accessory to the permitted use.

Utilities.

Water storage tanks, towers and wells.

Forest reserves or wilderness areas.

Miniature golf facilities.

Archery ranges.

Band shells.

Skeet and trap shooting ranges, provided that the firing of rifle arms and shotgun slugs shall not be permitted directly toward or over any highway, road or navigable water, toward any building or structure or toward any population concentration within 1 1/2 miles of the site.

Animal shelters and kennels.

Camping and campgrounds.

Resorts.

Lot area and width. There are no minimum lot requirements.

Building height. No building or parts of a building shall exceed 35 feet in height.

Setback and yard requirements.

Parking restrictions of Article V shall not be applied to city-owned parks.

Permitted uses. The following are permitted aviation-related uses allowed within District (AR):

Accessory uses. The following are accessory uses allowed within District (AR):

Conditional uses. The following conditional uses may be permitted within District (AR). An applicant for a conditional use shall first obtain project approval from the Airport Commission regarding compliance with WisDOT, FAA, FCC or other regulatory rules governing the Airport District or HLZ prior to any application submitted for public hearing before the Plan Commission pursuant to Article VI, Conditional Uses.

Prohibited uses. The following land uses are prohibited from the District (AR):

Height, setback, parking and other standards. All structures and uses shall observe requirements of FAA Advisory Circular 150/5300-13, current edition; referenced advisory circulars; and applicable airport/aviation regulations, unless waivers/variances for such are granted by the FAA and/or WisDOT BOA, and the following requirements:

Height limitations. No structure shall be constructed, altered or located to a height in excess of the elevation indicated on the map referred to in Section D of this section. Any structure constructed, altered or located in violation of this section shall be removed at the owner's expense. The City may apply for a raze order, and all costs associated therewith shall be the responsibility of the owner.

Regulations not retroactive. The regulations prescribed by this section shall not require the removal, lowering or other change or alteration of any structure or tree not conforming to the regulations as of the effective date of this section or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration or intended use of any structure the construction or alteration of which was begun prior to the effective date of this section and is diligently prosecuted.

Marking and lighting. Notwithstanding the preceding provisions of this section, the owner of any nonconforming structure or tree shall permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the airport, WisDOT or FAA to indicate to the operators of aircraft in the vicinity of the airport the presence of such airport hazards. Such markers and lights shall be installed, operated and maintained at the expense of the City.

Removal by purchase. This section shall not interfere with the removal of nonconforming uses by purchase or the use of eminent domain.

Future uses. No conditional or prohibited land uses (District AR) nor any structure or tree be erected, altered, planted or otherwise established in District (HLZ) unless a permit therefor shall have been applied for and granted. Each application for a permit shall indicate the purpose for which the permit is desired, with sufficient particularity to permit it to be determined whether the resulting use, structure or tree would conform to the regulations herein prescribed. Such permit application shall be to either the City of Rice Lake or Barron County, as applicable.

Existing uses. Before any nonconforming structure may be replaced, altered, or rebuilt, a permit shall be applied for and secured in the manner prescribed in Subsection F(1) authorizing such change, replacement or repair.

Exemptions. Height permits are not required for authorized structures which are less than 35 feet in height above ground level at the structure site.

Posting. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment.

Nonconforming uses abandoned or destroyed. Whenever the Community Development Department determines that a nonconforming structure or tree has been abandoned or more than 50% torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or tree to exceed the applicable height limit or otherwise deviate from these zoning regulations.

Variances. Any person desiring a variance in a permitted use shall be required to obtain a variance from such regulations from both the Airport Commission and the Rice Lake Zoning Board of Appeals. See § 260-121, Variances.

Hazard marking and lighting. Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this section and is reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the City, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.

The Planned Unit Development (PUD) Zoning District is intended to allow landowners greater flexibility in their developments on a site and project basis to accommodate a variety of uses and configurations for mixed-use developments and clustering of buildings and the adjustment of density, setbacks, lot width, size and coverage, bulk, height or type of dwelling and other development standards where appropriate. A Planned Unit Development (PUD) Zoning District development is a mixed-use development to be constructed and maintained by a single owner or group of owners acting through a corporation; located on a single tract; planned as an entity and therefore acceptable for development and regulation as one land use.

The purpose of this PUD Zoning District section is to establish procedures and standards for such development within the community, in order that one or more of the following objectives may be attained:

Single-family dwelling units.

Two-family dwelling units.

Multiple-family dwelling units.

Condominiums subject to the requirements of Chapter 703, Wisconsin Statutes.

Common open spaces and recreation areas, including natural unimproved land, recreational facilities, such as but not limited to tot lots, playfields, swimming pools, tennis courts, ice skating rinks, walking and bicycle trails, and other similar uses.

Nonresidential uses of a religious, public or semipublic, cultural, educational or commercial character, subject to the following:

Single-family dwelling units: five units per acre.

Two-family dwelling units: eight units per acre.

Multifamily dwelling units: 30 units per acre.

Height requirements for various residential land uses in the PUD shall be as follows:

Height requirements for commercial land uses in the PUD shall be a maximum of 60 feet.

Setback requirements for various residential land uses in the PUD shall be as follows:

Setback requirements for various commercial land uses in the PUD shall be as follows:

These requirements may be waived or reduced if the developer can show good cause that the setbacks are not necessary in the district for health, safety and general welfare of the residents.

All publicly dedicated streets, utilities and all drainage facilities shall be designed in accordance with city codes, ordinances and policies.

Private streets shall only be allowed as approved on the general development plan.

The site development plan shall provide for suitable vehicular and pedestrian access to the PUD. Principal vehicular access points shall be designed to permit smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Minor streets within the PUD shall not be connected to streets outside the development area in such a way as to encourage their use by through traffic.

All nonresidential land uses within a PUD shall have direct access to a primary street in order to avoid excessive traffic generation in residential sections of such development.

Since the PUD concept of development is intended to provide more functional open space and to make more efficient use of land, utilities and other improvements, at least 25% of the total gross land area of the zoning district, exclusive of areas listed in Subsection P(4) of this section, shall be permanently reserved as common open space.

Common open space may be held in common, be privately owned or dedicated to the public, or any combination thereof. Any land dedicated to the public must be officially accepted by the Common Council before such dedication becomes valid. Land dedicated to the public may, upon Common Council approval, be considered part of the required open space area for the PUD.

Common open space areas shall be designed creatively, add to the overall appearance and aesthetic qualities of the PUD and be truly functional in providing for the open space and recreational needs of the residents of the PUD.

The following areas shall not be included in calculating the minimum required amount of common open space for the PUD:

Up to 25% of the required common open space may consist of designated floodway, the surface area of the water bodies and/or areas having slopes greater than 30%, only if the Plan Commission finds that said areas are:

Common open space areas shall be distributed equitably throughout the PUD in relation to the location of the dwelling units they are intended to serve.

The Plan Commission may require a reasonable area of the common open space to be developed and improved for active recreational use commensurate with the anticipated need for such private recreational facilities by the intended future occupants of the dwelling units in the PUD.

In the case of a PUD being developed in phases, at least 20% of the gross area of each phase of the PUD (subject to site development plan approval) shall be reserved for open space at all times unless the Plan Commission allows such requirement to be waived.

At the time of site development plan approval, provision must be demonstrated for the ownership and perpetual care and maintenance of all common open space areas. Areas designated as common open space shall be permanently reserved as such, using appropriate legal instruments as approved by the City Attorney, at the time of site development plan approval. Covenants or other legal arrangements shall specify ownership of the common open space, method of maintenance, responsibility for maintenance, maintenance taxes and insurance, compulsory membership and assessment provisions, guaranties that any entity formed to own and maintain the common open space will not be dissolved without the consent of the Common Council and any specifications deemed reasonably necessary by the governing body.

If the common open space contains buildings or other facilities as part of the site development plan, the developer shall provide legal arrangements or sureties as a part of the site development plan submittal, as approved by the City Attorney, to assure that such improvements are completed.

The property owner or developer, during site development plan review, must provide to the city written documentation as to the proprietary ownership of the PUD being requested for development. Such written documentation shall also declare whether such PUD will be assessable under Wisconsin statutes or will make payments in lieu of taxes. Should the requested PUD be held by a private association, a written declaration and covenants associated with such relationship shall be made known to the City of Rice Lake.

Should the property owner or developer, in connection with any private association, desire the development of private infrastructure improvements and related amenities, such shall be declared in writing during site development plan review. Development of such private infrastructure improvements and related amenities may include but not be limited to streets, outdoor streetlights, sidewalks, trails, snowplowing, maintenance of such infrastructure and the like. The City of Rice Lake, as a condition to any and all placement of private infrastructure within the requested PUD, shall require from the property owner, developer or private association a written agreement that should such private enterprise fail by means established by legal process, that an option be granted to the municipality that will empower it to have full ownership over private infrastructure improvements, including the right to special assess such to bring them to level of urban infrastructure development expected within the community. Any agreements reached between the property owner, developer, private association and the City of Rice Lake in reference to covenants, easements, options or rights shall be recorded with the Barron County Register of Deeds.

The purpose of the preapplication conference is to provide a two-way communication between the applicant and city administrative staff regarding the legal, planning and engineering aspects of the desired development. Accordingly, the applicant shall submit sketches and other pertinent information to the Community Development Department for review and discussion by other municipal departments prior to submittal of a site development plan. Sketches shall include the entire area of the proposed PUD, even if the PUD is to be developed in phases.

A preapplication meeting will be held to consider the following: success in achieving the purposes of the PUD Zoning District ordinance requirements; adequacy of public and private services and facilities; ability to conform with all applicable codes, ordinances and policies; utilization of commonly accepted principles of good site planning; and consistency with the Master Plan.

Submittal requirements for the site development plan will be reviewed as part of the preapplication conference. A submittal item may be waived as part of this review if determined to be not needed, already known or needed at a future stage.

Upon completion of the preapplication conference, the applicant may file a site development plan for review with the Community Development Department. The purpose of the site development plan review is to establish the framework for future development of the PUD in terms of timing, overall building layout and site design, land uses, density or intensity of development, traffic circulation/access, off-street parking, stormwater drainage, general utility locations, common open space, location and management of common areas, general landscaping treatment and similar development components.

The site development plan should include the entire area of the intended PUD, even if the PUD is to be developed in stages. All subsequent final implementation plans for such area shall be in conformance with the approved site development plan. The site development plan may be amended using the same procedure for the initial site development plan approval. Submittal requirements for a site development plan shall include all the requirements so documented by this chapter. Upon receipt of the site development plan with all necessary information called for by this chapter, such shall be reviewed and discussed between the city administrative staff and the applicant to ensure that the proposed PUD complies with all codes, ordinances and policies of the City of Rice Lake.

The applicant shall submit for site development plan review the following:

Once city administrative staff have concluded their review, as required by ordinance, to the applicability of the proposed PUD to all municipal codes, ordinances and policies, such site development plan may be forwarded to the Plan Commission for consideration. The Plan Commission shall review the proposed site development plan in the context of the requirements of this chapter and take into consideration comments from the applicant, city administrative staff and any others. The Plan Commission shall, within a period not to exceed 60 days, make a decision as to whether or not it shall forward the site development plan to the Common Council for approval or denial. The Plan Commission, during its review of the site development plan, may have other reasonable requirements for the proposal as a condition of its recommendation of approval to the governing body. The Common Council shall have a period not to exceed 60 days to approve or deny the Plan Commission recommendation upon the proposed site development plan.

Should the Common Council approve the proposed site development plan, a final development plan for all or a portion of the PUD shall be submitted to the city administrative staff within six months from the time of approval. Should a single phase of the PUD be submitted, the applicant submitting such may combine the site development plan and final development plan phases of the review process into a single final development plan, in which case review and approval of such plan shall occur using the procedure set forth in Subsection T above. The purpose of the final development plan is to finalize the detailed planning, engineering, design, ownership, management, maintenance and timing aspects of the development. For this reason it is anticipated that a final development plan will normally be prepared only for those portions of a PUD which are expected to be developed in the immediate future.

The final development plan shall be in substantial conformance with the approved site development plan. Should the final development plan significantly deviate from the approved site development plan, the applicant responsible shall submit a(n) amendment(s) for approval by the Plan Commission and Common Council as set forth in this chapter. Examples of such amendments to the PUD site development plan include but are not limited to changes in the general layout and design of the PUD; the area encompassed by the PUD; the overall density of dwelling units; the number of dwelling units; the mix, magnitude and intensity of residential or nonresidential types of land uses; the parking and traffic circulation system; major features of the common open space areas; and the like. No building permits shall be issued for construction under the amended plan within the PUD until any amendments are acted upon or the City of Rice Lake is in receipt of such document.

Current uses as of June 28, 2005, the effective date of this subsection, on property zoned PUD that do not have an approved development plan are deemed permitted uses. Any substantial deviation from or substantial expansion of the current use shall be subject to approval of the Rice Lake Common Council.

Should it be determined by city administrative staff that the final development plan substantially conforms to the site development plan as approved by the Plan Commission and Common Council, such shall be recorded, along with any agreements, covenants, deeds or the like, by the applicant requesting such development within 30 days with the Barron County Register of Deeds office. Said document(s) shall identify the property as being part of a PUD which has been approved by the Plan Commission and Common Council. The applicant requesting the PUD shall furnish to the city evidence of such recording prior to the commencement of any project phases. The final development plan and any agreements, covenants, deeds or the like shall run with the land and shall not lapse or be waived as the result of any subsequent change in the tenancy or ownership of any or all of said land parcels. Such conditions shall be deemed to be part of the building permit issued for any use or structure within the PUD.

The applicant requesting the PUD shall have 12 months to begin construction of the PUD or a certain phase of it, from the actual date of the recording of the final development plan and any other relevant documents with the Barron County Register of Deeds office. If the applicant fails to commence with construction of the PUD within the twelve-month time period, an extension for another 12 months may be granted for good cause by the Common Council. Should the applicant, after Common Council approval for any extension, fail to undertake construction within the twelve-month time period, such shall be cause for the entire PUD planning process to begin anew by the requirements outlined in this chapter.

If it is determined that the construction of the PUD does not comply with the final development plan and any agreements, deeds, covenants and the like, the applicant requesting such PUD shall be ordered, in writing, to appear before the Plan Commission to explain such actions. The Plan Commission, in consideration of the issue, may request at a minimum that the applicant in violation discontinue such nonconformance activity and, if the violation is not rectified in a timely manner, may recommend to the Common Council the termination of the PUD final development plan project.