(a)

The purpose of a unified development is to allow for increased flexibility in the administration of this chapter, by creating a district which provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of this chapter.

(b)

The intent of this article is to set a regulatory framework that may permit a multitude of uses within any zoning district, which may not be typical to a particular zoning district or neighborhood. This article recognizes that the city has developed with a mix of uses in many of its existing neighborhoods, and that redevelopment of established businesses may require increased flexibility while showing adequate concern for adjacent property.

(c)

Unified development districts (UDD) are permitted as conditional uses in all zoning districts.

(d)

Approval of a UDD requires a finding of fact by the plan commission and common council that said use is necessary or desirable and is appropriate to the site and neighborhood.

(Code 1986, § 10.11(1); Ord. No. 10.11-1A(00), § 1(10.11(1)), 11-14-2000)

(a)

The rezoning of a property to the unified development district (UDD) is an amendment to the official zoning map. It shall require a public hearing and notice in accordance with the procedure for amendment of the official zoning map.

(b)

The applicant shall meet with the zoning administrator to discuss the proposed project and review the UDD application, and site plan requirements.

(c)

Upon successful completion of a UDD application, the zoning administrator shall refer said application to the city clerk/treasurer for scheduling of a public hearing before the plan commission, after publication of a class II notice.

(d)

The plan commission shall hold a public hearing, at which it shall review the site plan and accompanying written application details. The plan commission may recommend approval, modification or denial of the site plan, based upon findings that:

(1)

The proposed use is consistent with the general purpose and intent of this chapter and the master plan;

(2)

Whether the proposed site plan produces significant community benefits that compensate for modification of the normal zoning and/or public improvements standards;

(3)

Whether the proposed site plans and accompanying written application details with respect the physical attributes of the site preserving natural resources and open space;

(4)

Whether the proposal will produce aesthetic and ecological desirability, economic stability and functional practicality compatible with the general development of the neighborhood;

(5)

Does not adversely affect the provision of school or municipal services; and

(6)

Does not create a traffic or parking demand incompatible with the existing or proposed facilities to serve it.

(e)

The common council may approve the proposed UDD as originally proposed, may approve the UDD with modifications, or may deny approval of the UDD. Approval of the requested amendment shall be considered approval of a unique request and shall not be construed as precedent for any other proposed amendment.

(Code 1986, § 10.11(2); Ord. No. 10.11-1A(00), § 1(10.11(2)), 11-14-2000)

(a)

The applicant shall provide the zoning administrator a completed application, fee, and plans, that address:

(1)

A written description of the proposed unified development district (UDD), including the relative merits of the project in regard to private benefit versus public benefit;

(2)

The mix of dwelling unit types and/or land uses;

(3)

Residential density in units per acre if applicable;

(4)

Nonresidential intensity by floor area ratio, impervious surface ratio, and landscaped surface area ratio;

(5)

A list of adjacent zoning district standards and how the proposed project compares;

(6)

Site plans, elevations, and drawings showing all aspects/details of the proposed development, including exterior lighting, display areas, landscaping details, signage, etc.;

(7)

The zoning administrator, plan commission, or common council may deem any additional information as necessary;

(8)

The detailed plans, written description, application and submitted information shall be made a part of the official record, and shall be considered as requirements of the approval.

(b)

Approval of a UDD is contingent upon:

(1)

Completion of the project within 24 months of approval, unless extensions are approved by the common council;

(2)

Compliance with all of the plans and specifications submitted and approved.

(Code 1986, § 10.11(3); Ord. No. 10.11-1A(00), § 1(10.11(3)), 11-14-2000)

In any case where none of the new land uses or new buildings approved as a part of the unified development district (UDD) have been established within 24 months after the date of creation of the UDD, then, without further action by the plan commission or common council, the UDD thus created shall be null and void and the zoning district that existed prior thereto shall be reestablished.

(Code 1986, § 10.11(4); Ord. No. 10.11-1A(00), § 1(10.11(4)), 11-14-2000)

The following uses are permitted in the R-1 single-family residence district:

(1)

Single-family dwellings.

(2)

Nonboarding educational institutions.

(3)

Recreational and social facilities.

(4)

Religious institutions.

(5)

Accessory uses and buildings incidental to and on the same lot as a principal use.

(Code 1986, § 10.15(1)(a))

The following conditional uses are permitted in the R-1 single-family residence district:

(1)

Educational institutions, boarding.

(2)

Health and medical institutions.

(3)

Planned developments: residential.

(4)

Public utility and service uses.

(5)

Elderly housing as defined by federal guidelines.

(Code 1986, § 10.15(1)(b))

The uses permitted in the R-2 two-family residence district is any use permitted in the R-1 single-family residence district, plus two-family dwellings.

(Code 1986, § 10.15(2)(a))

(a)

The conditional uses permitted in the R-2 two-family residence district is any use allowed as a conditional use in the R-1 single-family residence district.

(b)

All lot size requirements, yard requirements, accessory buildings and bulk limitations of the R-1 single-family residence district shall apply.

(Code 1986, § 10.15(2)(b))

The following uses are permitted in the R-3 general residence district:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Multiple-family dwellings, up to four units.

(4)

Nonboarding educational and cultural institutions.

(5)

Recreational and social facilities.

(6)

Religious institutions.

(Code 1986, § 10.15(3))

The following conditional uses are permitted in the R-3 general residence district:

(1)

Multiple-family dwellings, over four units.

(2)

Public utility and service uses.

(3)

Apartment hotels.

(4)

Boardinghouses, lodginghouses and roominghouses.

(5)

Private clubs and lodges.

(6)

Boarding educational institutions.

(7)

Health and medical institutions.

(8)

Planned developments.

(9)

Motor vehicle parking lots, commercial or residential.

(Code 1986, § 10.15(3); Ord. No. 10-1A, § 1(10.15(3)9), 10-14-1986)

The following table contains the lot size requirements for the uses in each district:

(Code 1986, § 10.15(3))

(a)

The following table contains the yard requirements for the uses in each district:

*On both sides of that part of Grand Avenue in the city running from the northerly city limits southerly to the bridge over the Eau Claire River the setback shall be 25 feet from the edge of the right-of-way on said street.

(b)

Accessory buildings shall have a minimum side yard of three feet on the side, provided the other side yard shall be not less than ten feet.

(Code 1986, § 10.15(3); Ord. of 4-12-2022(2), § 1; Ord. of 11-14-2023(1), § 1)

(a)

R-1 district. The following bulk limitations apply to the R-1 single-family residence district:

(1)

Height. No use in the R-1 single-family residence district shall exceed 2½ stories but not to exceed 35 feet, except accessory buildings which shall not exceed 20 feet.

(2)

Area limitation. No use in the R-1 single-family residence district, including the principal buildings, accessory uses, driveways and off-street parking areas shall cover more than 50 percent of the required lot area. No single accessory building shall exceed 1,000 square feet in area.

Accessory buildings shall meet the side yard requirements of the principal building except that garages, attached or unattached, shall have a minimum side yard of three feet on the side with the garage, provided the other side yard shall be not less than ten feet, but only on lots of 60 feet or less.

(b)

Other uses, districts. Bulk limitations in other uses and districts are as follows:

(1)

Height.

a.

Single-family detached dwellings, parsonages and parish houses and two-family dwellings shall not exceed 2½ stories or 35 feet, whichever is less, except that accessory buildings shall not exceed 20 feet.

b.

Multiple-family dwellings and all other uses permitted or conditional, shall not exceed 3½ stories or 45 feet, whichever is less, except that accessory buildings shall not exceed 20 feet.

(2)

Area limitations. No use in the R-3 general residence district, including the principal building, accessory uses, driveways and off-street parking area shall cover more than 50 percent of the required lot area. No single accessory building shall exceed 1,000 square feet in area.

(Code 1986, § 10.15(3))

The C-1 first commercial district is designed for the services and goods required for basic and occasional shopping and service needs.

(Code 1986, § 10.15(4))

(a)

All business establishments within the C-1 first commercial district shall be retail or service establishments dealing directly with consumers.

(b)

All business, servicing or processing, except for off-street parking or loading, shall be conducted within completely enclosed buildings.

(c)

Establishment of the drive-in type of use offering goods or services directly to customers waiting in parked motor vehicles are permitted only by conditional use permit.

(Code 1986, § 10.15(4)(a))

The following uses are permitted in the C-1 first commercial districts:

(1)

Any use permitted in the R-1 single-family residence district, R-2 two-family residence district or R-3 general residence district.

(2)

Retail stores and shops.

(3)

Automobile gas stations, no repairs.

(4)

Drive-in establishments.

(5)

Laundromats, coin-operated dry cleaning and laundry or dry cleaning pick-up stations.

(6)

Model homes and garage displays.

(7)

Mortuaries.

(8)

Restaurants, taverns and brewpubs.

(9)

Boats and showrooms.

(10)

Motels.

(11)

Community customer service establishments, such as, but not limited to, the following:

a.

Business, professional, public service, banking, savings and loan offices.

b.

Private clubs and lodges.

(12)

Multiple-family dwellings, over four units.

(13)

Accessory buildings or uses; including a private garage, carport and paved parking areas customarily incident to the uses in subsections (1) through (11) of this section, but not including the conduct of a business.

(Code 1986, § 10.15(4)(b); Ord. No. 10.15-1A, § 1(10.15(4)(b)1), 2-10-1999; Ord. of 3-13-2018(1), § 1; Ord. of 7-13-2021(4), § 1)

Conditional uses within the C-1 first commercial district are as follows:

(1)

Construction yards.

(2)

Indoor theaters.

(3)

Motor vehicle sales.

(4)

Other uses similar to or customarily incident to any of the above uses.

(5)

Churches.

(Code 1986, § 10.15(4)(c); Ord. No. 10-1A, § 2(10.15(4)(c)5), 10-14-1986; Ord. of 7-13-2021(3), § 1)

(a)

In the C-1 first commercial district there shall be provided not less than 5,000 square feet of lot area for each business establishment.

(b)

Single-family, two-family and multifamily dwellings shall be located on lots in conformance with R-1 single-family residence district, R-2 two-family residence district and R-3 general residence district lot requirements, including all yard requirements, accessory building limitations and bulk limitations.

(Code 1986, § 10.15(4)(d))

Yard requirements within the C-1 first commercial districts are as follows:

(1)

Front yard.

a.

There shall be a front yard having a minimum depth of 25 feet.

b.

On both sides of that part of Grand Avenue in said city running from the northerly city limits southerly to the bridge over the Eau Claire River the setback shall be 25 feet from the edge of the right-of-way on said street.

(2)

Side yard. No interior side yard shall be required.

(3)

Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(4)

Transitional yards.

a.

Where a side lot line coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this article for an R-1 single-family residential use on the adjacent residential lot.

b.

Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this article for an R-1 single-family residential use on the adjacent residential lot.

c.

Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this article on such adjacent R-1 single-family residential lot shall be provided along such front or side lot lines.

d.

No building or structure in the C-1 first commercial district shall be located within 100 feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district by a wall, decorative wood fence or densely-planted compact hedge, not less than six feet nor more than eight feet in height.

(Code 1986, § 10.15(4)(e); Ord. of 4-12-2022(2), § 2)

Bulk limitation within the C-1 first commercial district is as follows:

(1)

Height. Buildings hereafter erected or structurally altered shall exceed neither 45 feet, nor three stories in height, unless a higher building is approved as a conditional use.

(2)

Area limitation. All buildings, including the principal buildings, accessory uses, driveways and off-street parking areas shall cover not more than 90 percent of the lot area.

(Code 1986, § 10.15(4)(f); Ord. No. 10.15-2A, § 1(10.15(4)(f)1), 11-12-2002)

The C-2 second commercial district is intended primarily to accommodate those commercial uses which are not compatible with the uses permitted in the C-2 second commercial district and therefore are not allowed therein.

(Code 1986, § 10.15(5))

Permitted uses within the C-2 second commercial district are as follows:

(1)

Any use permitted as a use or conditional use in the C-1 first commercial district.

(2)

Amusement establishments, including bowling alleys, pool halls, dancehalls, skating or roller rinks, archery ranges, shooting galleries.

(3)

Auction rooms.

(4)

Automatic laundries.

(5)

Automobile gas stations, but no body repairs or painting.

(6)

Buildings materials and products sales, including outside storage.

(7)

Cleaning and dyeing establishments.

(8)

Convention halls.

(9)

Exterminating shops.

(10)

Farm implement sales.

(11)

Feed and seed stores.

(12)

Fuel sales; no storage on premises.

(13)

Greenhouses and nurseries.

(14)

Laboratories, medical and dental.

(15)

Laundries, room containing the laundering process (washing, drying, ironing, and wrapping) shall not exceed a total of 2,400 square feet in area.

(16)

Parking lots other than as an accessory use.

(17)

Public transportation depots.

(18)

Schools: music, dance, business, commercial or trade.

(Code 1986, § 10.15(5)(a))

Conditional uses within the C-2 second commercial district are as follows:

(1)

Amusement parks, including permanent carnivals, kiddie parks, golf driving ranges, pitch and putt, miniature golf and other similar outdoor amusement facilities.

(2)

Animal hospitals.

(3)

Cartage and express facilities.

(4)

Garages for body repairs and painting.

(5)

Printing and publishing.

(6)

Theaters, drive-in.

(7)

Warehousing, storage, or mini-storage.

(8)

Other uses similar to or customarily incident to any of the uses in subsections (1) through (7) of this section.

(Code 1986, § 10.15(5)(b); Ord. of 7-13-2021(3), § 2; Ord. of 11-9-2021(1), § 1; Ord. of 4-12-2022(3), § 1)

In the C-2 second commercial district there shall be provided not less than 5,000 square feet of lot area for each business establishment.

(Code 1986, § 10.15(5)(c))

Yard requirements with the C-2 second commercial district are as follows:

(1)

Front yard.

a.

There shall be a front yard having a minimum depth of 25 feet.

b.

On both sides of that part of Grand Avenue in the city running from the northerly city limits southerly to the bridge over the Eau Claire River the setback shall be 25 feet from the edge of the right-of-way on said street.

(2)

Side yard. No interior side yard shall be required.

(3)

Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(4)

Transitional yards.

a.

Where a side line coincides with a side or rear lot line in an adjacent residence district, a yard shall be provided along such lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this article for an R-1 single-family residential use on the adjacent residential lot.

b.

Where a rear lot line coincides with a side lot line in an adjacent residence district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this article for an R-1 single-family residential use on the adjacent residential lot.

c.

Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district, a yard equal in depth to the minimum front yard required by this article on such adjacent R-1 single-family residential lot shall be provided along such front or side lot lines.

d.

No building or structure in the C-2 second commercial district shall be located within 100 feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district by a wall, fence or densely-planted compact hedge, not less than six feet nor more than eight feet in height.

(Code 1986, § 10.15(5)(d); Ord. of 4-12-2022(2), § 3)

Bulk limitation within the C-2 second commercial district is as follows:

(1)

Height. Buildings hereafter erected or structurally altered shall exceed neither 45 feet nor three stories in height, unless a higher building is approved as a conditional use.

(2)

Area limitation. All buildings, including the principal buildings, accessory uses, driveways and off-street parking areas shall cover not more than 90 percent of the lot area.

(Code 1986, § 10.15(5)(e); Ord. No. 10.15-2A, § 2(10.15(5)(e)1), 11-12-2002)

The I-2 general industrial district is designed to accommodate large, relatively self-contained and isolated areas intended to be used for industrial activities whose potential nuisance or hazard generation is moderately high.

(Code 1986, § 10.15(7))

Uses permitted in the I-2 general industrial district are subject to the following conditions:

(1)

Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted.

(2)

All business, servicing, production, processing, or storage within 500 feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence, including solid entrance and exit gates, not less than six feet nor more than eight feet in height.

(Code 1986, § 10.15(7)(a))

The following uses are permitted in the I-2 general industrial district:

(1)

Any use permitted in the I-1 limited industrial district.

(2)

Abrasives manufacture.

(3)

Asphalt products manufacture.

(4)

Brick and structural clay products manufacture.

(5)

Chemical processing and manufacturing.

(6)

Concrete mixing plants.

(7)

Feed mills.

(8)

Food manufacture, packaging, and processing.

(9)

Foundries and forge plants.

(10)

Grain storage and processing.

(11)

Graphite products manufacture.

(12)

Gypsum manufacture.

(13)

Heavy machinery production.

(14)

Leather tanning or processing.

(15)

Linoleum manufacturing.

(16)

Meat packing.

(17)

Metal reduction and refinement.

(18)

Metal stamping.

(19)

Paint products manufacture.

(20)

Paper products manufacture.

(21)

Plastics manufacture.

(22)

Rubber processing or manufacture.

(23)

Soap manufacture.

(24)

Steel manufacture.

(25)

Stone products manufacture.

(Code 1986, § 10.15(7)(b))

Conditional uses allowed within the I-2 general industrial district are as follows:

(1)

Explosive manufacture or storage.

(2)

Fat rendering.

(3)

Fertilizer manufacture.

(4)

Garbage, rubbish, offal or dead animal reduction or dumping.

(5)

Junkyards.

(6)

Petroleum refining.

(7)

Slaughterhouses.

(8)

Smelting.

(9)

Stockyards.

(10)

Non-metallic mining.

(11)

Miniwarehouses.

(12)

Other manufacturing processes or storage uses determined by the city plan commission to be of the same general character as the uses permitted in section 55-653.

(13)

Kennels.

(Code 1986, § 10.15(7)(c); Ord. of 3-13-2018(2), § 1; Ord. of 7-13-2021(3), § 3; Ord. of 11-9-2021(1), § 3)

In the I-2 general industrial district there shall be provided not less than 5,000 square feet of lot area for each business establishment.

(Code 1986, § 10.15(7)(d))

Yard requirements within the I-2 general industrial district are as follows:

(1)

Front yard. There shall be a front yard having a minimum depth of 25 feet.

(2)

Side yard. No interior side yard shall be required.

(3)

Corner side yard. There shall be a corner side yard of not less than 25 feet in each instance where the side property line is adjacent to a public street.

(4)

Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(5)

Transitional yards.

a.

Where a side lot line coincides with a side or rear lot line in an adjacent residence district or business district, a yard shall be provided along such lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this article for an R-1 single-family residential use.

b.

Where a rear lot line coincides with a side lot line in an adjacent residence district, or business district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this article for an R-1 single-family residential use.

c.

Where a rear lot line coincides with a rear lot line in an adjacent residence district or business district, a yard shall be provided along such rear lot line. Such yard shall be not less than that which would be required for an R-1 single-family residential use.

d.

Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district or a business district, a yard equal in depth to the minimum front yard required by this article on an R-1 single-family residential lot shall be provided along such front or side lot lines.

e.

No building or structure in the I-2 general industrial district shall be located within 100 feet of a residence district boundary line, unless such building or structure is effectively screened from such residence district or business district by a wall, fence, or densely-planted compact hedge, not less than six feet nor more than eight feet in height.

f.

In the I-2 general industrial district, on properties or portions thereof located directly across a street from a business or residence district, if any point on the exterior surface of any building or structure is a greater height than 35 feet above curb level, such point projected vertically upon the ground shall, in no case, be nearer to the business or residence district boundary line than a horizontal distance equal to 1½ times the height of such point above curb level, however, stacks, tanks, bulkheads or ventilating equipment, including towers enclosing same, shall be exempt from such limitation if not exceeding in the aggregate 25 feet in lineal dimension parallel to the street for any 100 feet of street frontage. Parapets not exceeding three feet in height shall also be exempt from such limitation.

(Code 1986, § 10.15(7)(e))

Bulk limitation within the I-2 general industrial district is as follows:

(1)

Height. Buildings hereafter erected or structurally altered shall exceed neither 60 feet nor five stories in height.

(2)

Area limitation. All buildings, including the principal buildings, accessory uses, driveways and off-street parking areas shall cover not more than 90 percent of the lot area.

(Code 1986, § 10.15(7)(f))

(a)

Purpose, authority and application.

(1)

Purpose. The residents of the city depend exclusively on groundwater for a safe drinking water supply. Certain land use practices and activities can seriously threaten or degrade groundwater quality. The purpose of this section is to establish a Groundwater Protection Overlay District to institute land use regulations and restrictions within a defined area which contributes water directly to the municipal water supply providing protection for the aquifer and municipal water supply of the city and promoting the public health, safety and general welfare of city residents. The wellhead protection area is derived from hydrologic studies and are based on the area surrounding a well where groundwater takes five years or less to travel from the land's surface to the pumping well.

(2)

Authority. This section is adopted pursuant to the authority of Wis. Stats. § 62.23.

(3)

Applicaton. The "City of Schofield Wellhead Protection Plan Wells #2, #3, & #4 April 2013, Updated: August 2016" prepared for the Schofield Water Utility by Andrew Aslesen, sourcewater specialist, Wisconsin Rural Water Association Sourcewater Protection Program is hereby adopted by reference and as from time to time amended as if fully set forth herein. The regulations specified in this Wellhead Protection Ordinance shall apply within the area surrounding each municipal water supply well that has been designated as a "Wellhead Protection Area" by the city's wellhead protection plan and as shown on maps in figures 8 and 9 therein, and are in addition to the requirements in the underlying zoning district. If there is a conflict between this section and any other land use regulation, the more restrictive provision shall apply.

(b)

Definitions.

Aquifer means a saturated, permeable, geologic formation that contains, and will yield, significant quantities of water.

Existing facilities means current facilities, practices and activities which may cause or threaten to cause environmental pollution within the city's wellhead protection area. Existing facilities include but are not limited to the types cited in Wis. Admin. Code ch. NR 809 (and listed in the department of natural resources' form 3300-215, the "Public Water Supply Potential Contaminant Use Inventory Form") which is incorporated into this section by reference and as from time to time amended as if fully set forth herein.

Groundwater Protection Overlay District means that area of land which contributes water to a municipal well based on accepted hydrogeological research, outlined and described as a "Wellhead Protection Area" by the city's wellhead protection plan adopted by reference in subsection (a)(3) above.

Hazardous chemicals means chemicals and chemical mixtures that are required to have a safety data sheet and meet the definition of hazardous chemical under the Occupational Safety and Health Administration ("OSHA") regulations found at 29 CFR 1910.1200(c). Substances packaged for consumption for humans or animals are not considered hazardous chemicals. Hazardous chemicals include:

(1)

Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, irritants, corrosives, sensitizers, hepatotoxins, agents that act on the hematopoietic system, reproductive toxins, and agents which damage the lungs, skin, eyes, or mucous membranes as described in 29 CFR 1910.1200, Appendix A.

(2)

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

(3)

Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and comprises one (1.0) percent or greater of the composition on a weight-per-unit weight basis.

(4)

Mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth of one percent or greater of the composition on a weight-per-unit weight basis.

(5)

Ingredients of mixtures prepared within the Groundwater Protection Overlay District in cases where such ingredients are health hazards but comprise more than one-tenth of one percent of the mixture on a weight-per-unit weight basis if carcinogenic, or more than one percent of the mixture on a weight-per-unit weight basis if noncarcinogenic.

(6)

Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids used in equipment or for transmission of electric power to homes and businesses).

Recharge area means the land area which contributes water to a well by infiltration of water into the subsurface and movement with groundwater toward the well.

Well field means a piece of land used primarily for the purpose of supplying a location for construction of wells to supply a municipal water system.

(c)

Groundwater Protection Overlay District. The location and boundary of the district established by this section is outlined and described as the "Wellhead Protection Area" by the city's wellhead protection plan adopted by reference in subsection (a)(3) above.

(1)

Permitted uses. Only the following uses are permitted in the Groundwater Protection Overlay District and such as they are further subject to the prohibited characteristics set forth in subsection (c)(3) and the separation distances set forth in subsection (d):

a.

Parks, provided there is no on-site waste disposal or fuel storage tank facilities associated with this use.

b.

Playgrounds.

c.

Wildlife areas.

d.

Non-motorized trails, such as bike, skiing, nature and fitness trails.

e.

Residential, commercial and industrial establishments that are municipally sewered and whose total aggregate of hazardous chemicals in use, storage, handling and/or production does not exceed 20 gallons or 160 pounds at any one time.

f.

Routine tillage, planting, and field management operations in support of agricultural crop production, where nutrients from legume, manure, and commercial sources are accounted for and credited toward crop nutrient need. The combination of all nutrient sources applied or available on individual fields shall not exceed levels recommended in Nutrient Application Guidelines for Field, Vegetable, and Fruit Crops in Wisconsin (A2809), Laboski, Carrie A.M. & Peters, John B., University of Wisconsin-Extension, Cooperative Extension, 2012, which is incorporated into this sectionj by reference and as from time to time amended as if fully set forth herein.

(2)

Conditional uses. Only the following uses may be conditionally permitted in the Groundwater Protection Overlay District and such as they are further subject to the prohibited characteristics set forth in subsection (c)(3), the separation distances set forth in subsection (d) and the administration of conditional use permits set forth in subsection (e):

a.

Hydrocarbon, petroleum or hazardous chemical storage tanks.

b.

Motor vehicle services, including filling and service stations, repair, renovation and body work.

c.

Residential, commercial and industrial establishments that are municipally sewered and whose total aggregate of hazardous chemicals in use, storage, handling and/or production exceeds 20 gallons or 160 pounds at any one time.

d.

Geothermal wells, also known as ground source heat pumps, along with any associated piping and/or ground loop component installations.

(3)

Prohibited characteristics. The following characteristics of any permitted or conditional use are prohibited in the Groundwater Protection Overlay District:

a.

Cemeteries.

b.

Chemical manufacturers (OSHA Standard Industrial Classification Major Group 28).

c.

Coal storage.

d.

Dry cleaners.

e.

Electroplating facilities.

f.

Foundries and forge plants.

g.

Industrial liquid waste storage lagoons and pits.

h.

Landfills and any other solid waste facility, except post-consumer recycling.

i.

Manure and animal waste storage.

j.

Mining of any kind, including metallic, sand and aggregate pits.

k.

Pesticide and fertilizer dealer, manufacturing, transfer or storage facilities.

l.

Private on-site wastewater treatment systems or holding tanks receiving 12,000 gallons per day or more.

m.

Railroad yards and maintenance stations.

n.

Rendering plants and slaughterhouses.

o.

Salt or deicing material bulk storage.

p.

Salvage or junk yards.

q.

Septage or sludge spreading, storage or treatment.

r.

Septage, wastewater, or sewage lagoons.

s.

Stockyards and feedlots.

t.

Stormwater infiltration basins without pre-treatment, including vegetative filtration and/or temporary detention.

u.

Wood preserving operations.

v.

Any other use characteristic substantially similar to the above list.

(d)

Separation distances. Wis. Admin. Code § NR 811.12(5) is incorporated into this section by reference and as from time to time amended as if fully set forth herein. The separation distances specified in Wis. Admin. Code § NR 811.12(5) shall be maintained in all areas of the Groundwater Protection Overlay District.

(e)

Administration of conditional use permits. The city shall permit conditional uses in the Groundwater Protection Overlay District subject to the following:

(1)

Required application materials. All requests shall be in writing, whether on or in substantial compliance with forms to be provided by the city and may require an environmental assessment report prepared by a licensed environmental engineer;

(2)

Referral to plan commission. A properly completed application shall be referred to the plan commission for its review and recommendation. The plan commission shall review the application and schedule and hold a public hearing prior to making its recommendation to the city council, if any;

(3)

Standards for conditional use. Subject to subsection (a)(3) above the city shall apply the following standards:

a.

The degree to which the proposed land use practice, activity or facility may threaten or degrade groundwater quality in the city or the city's recharge areas;

b.

The proximity of the applicant's property to other potential sources of contamination;

c.

The then existing condition of the city's groundwater, public water well(s) and well fields, and their vulnerability to further contamination;

d.

The direction of flow of groundwater and other factors in the area of the applicant's property which may affect the speed of the groundwater flow, including topography, depth of soil, extent of aquifer, depth to water table and location of private wells;

e.

Any other hydrogeological data or information which is available from any source.

(4)

Conditions. The city may require conditions and restrictions including but not limited to the following:

a.

A requirement for periodic environmental and safety sampling, testing, and reporting to establish the continued protection of the public water supply. The city may require an applicant to install one or more groundwater monitoring well(s) at the expense of the applicant;

b.

The establishment of safety structures to prevent groundwater contamination;

c.

The establishment of an operational safety plan to define processes and procedures for material containment, operations monitoring, best management practices, and stormwater runoff management to prevent groundwater contamination;

d.

Written policies and procedures for reporting and cleaning up any spill of a hazardous material;

e.

The provision of copies of all federal, state and local facility operation approvals or certificates, and on-going environmental monitoring results to the city;

f.

A written agreement pursuant to which the applicant agrees to be held financially responsible for all environmental cleanup costs in the event of groundwater contamination;

g.

Bonds and/or other form of security satisfactory to the city for future monitoring and cleanup costs if groundwater contamination occurs in the future.

(5)

Transfers of interest in property. Conditional use permits issued under this division are non-transferable including to successor owners of the property subject to the permit without the express written consent of the city.

The city may set conditions and restrictions on any transfer including but not limited to a requirement that the permit shall not be transferred unless the new owner expressly and in writing assumes the same terms, if any, as were required of the former owner. Written permission shall be obtained prior to the voluntary transfer of the subject property. When an involuntary transfer occurs, the new owner or successor to an interest in the real property shall apply to the city within 60 days for permission to continue the use granted by the conditional use permit.

(6)

Payment of costs. The applicant shall be solely and exclusively responsible for any and all costs associated with the application process. The conditional use permit will become effective only after any costs incurred by the city during the conditional use application process are paid by the applicant. Those costs may include:

a.

The city 's associated expenses, including consultant and attorney fees, if any, at the amount invoiced to the city plus administrative costs;

b.

The cost of an environmental impact study if so required by the city or its designee;

c.

The cost of groundwater monitoring or groundwater wells if required by the city or its designee.

(7)

City inaction. If within 90 days of the delivery of the application to the city the applicant has not received either a response or an extension in writing from the city council then the application shall be deemed denied.

(f)

Prior-existing legal non-conforming uses. Non-conforming uses lawfully in existence within the Groundwater Protection Overlay District as of the adoption of this division may continue to exist in the form and scope in which they existed at that time subject to the following provisions:

(1)

Existing facilities shall provide copies of all federal, state and local facility operation approvals or certificates and on-going environmental monitoring results to the city upon request;

(2)

Existing facilities shall only replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence;

(3)

In the event that a lawful non-conforming use poses a direct hazard to the city's public water supply, the city may take any action permitted by law to abate the hazard;

(4)

Existing facilities shall have the responsibility of devising and/or filing with the city a contingency plan satisfactory to the plan commission for the immediate notification of the appropriate city officers in the event of an emergency.

(g)

No acceptance of liability by city. Nothing in this section shall be construed to imply that the city has accepted any of an owner or operator's liability if a facility or use, whether permitted as of right or pursuant to a conditional use permit, contaminates groundwater in any aquifer.

(h)

Enforcement and penalties.

(1)

In the event that an individual and/or facility causes the release of any contaminants which endanger the groundwater protection overlay district, the individual/facility causing said release shall immediately cease and desist, and provide clean-up satisfactory to the city;

(2)

The individual/facility shall be responsible for all costs of cleanup and the city's necessary consultant and/or attorney fees at the amount invoiced to the city plus administrative costs for oversight, review and documentation, which includes all of the cost of the city employees' time associated in any way with the cleanup, the cost to the city of equipment employed and the cost of mileage reimbursed to city employees while they are utilized for cleanup purposes;

(3)

Following any such discharge, the city may require additional test monitoring or other requirements as outlined in subsections (e) and (f) herein;

(4)

Any person who violates, disobeys, neglects, omits or refuses to comply with, or who resists the enforcement of any of the provisions of this section shall, upon conviction, be subject to the enforcement provisions contained in section 55-2 of this Code.

(Ord. of 11-14-2016(1), § 1)

(a)

Location. No manufactured or mobile home community ("community") is permitted except in accordance with the following conditions:

(1)

Communities shall be permitted as a conditional use in the R-3 Zoning District.

(2)

Each community shall have direct access to a city, county, or state highway.

(3)

No community is permitted unless such community contains at least 20 contiguous acres of land in the R-3 Zoning District.

(b)

Yard and setback requirements. Communities shall comply with the following minimum setback regulations:

(1)

No building, structure, manufactured home or mobile home, or any addition or appurtenance thereto, shall be located closer than 50 feet to any property line of the community; closer than 75 feet to any city, county, or state highway.

(2)

No building, structure, manufactured home or mobile home, or any addition or appurtenance thereto, shall be placed within 15 feet from the pavement of the community's interior streets.

(3)

No building, structure, manufactured home or mobile home, or any addition or appurtenance thereto, shall be placed within 20 feet of any other manufactured or mobile home, addition, or appurtenance therefor, nor within 50 feet of any accessory or service building or structure.

(4)

There shall be at least one off-street parking space available to each individual manufactured or mobile home lot, located within 100 feet of such lot. However, the total number of parking spaces provided in each community shall be equal to not less than one and one-half times the maximum number of manufactured or mobile homes to be accommodated.

(5)

There shall not be more than ten buildings, structures, manufactured homes or mobile homes per acre within the community.

(Ord. of 12-20-2022(1), § 1)

The I-1 limited industrial district is designed to provide an environment suitable for industrial activities that do not create appreciable nuisances or hazards, or that require a pleasant, hazard and nuisance-free environment.

(Code 1986, § 10.15(6))

Uses permitted in the I-1 limited industrial district are subject to the following conditions:

(1)

Dwelling units and lodging rooms, other than watchmen's quarters, are not permitted.

(2)

All business, servicing, or processing, except for off-street parking and off-street loading or establishments of the drive-in type offering goods or services directly to the customers waiting in parked motor vehicles, shall be conducted within completely enclosed buildings, unless otherwise indicated hereinafter.

(3)

All storage within 500 feet of a residence district, except for motor vehicles in operable condition, shall be within completely enclosed buildings, or effectively screened by a solid wall or fence, including solid entrance and exit gates, not less than six feet nor more than eight feet in height.

(Code 1986, § 10.15(6)(a))

The following uses are permitted in the I-1 limited industrial district:

(1)

Any use permitted in the C-2 second commercial district.

(2)

Bakeries.

(3)

Boot and shoe manufacturing.

(4)

Bottling companies.

(5)

Carpet manufacturing.

(6)

Cartage and express facilities.

(7)

Cloth products manufacturing.

(8)

Cosmetics production.

(9)

Dairy products.

(10)

Dwellings for watchmen and their families, located on the premises where they are employed in such capacity.

(11)

Electroplating.

(12)

Electronic and scientific precision instruments.

(13)

Feed and seed sales.

(14)

Fuel and ice sales, including storage.

(15)

Fur processing.

(16)

Glass products.

(17)

Insulating materials manufacture.

(18)

Light machinery production; appliances, business machines, etc.

(19)

Lithographing.

(20)

Lodges and office or labor organizations.

(21)

Musical instruments manufacture.

(22)

Orthopedic and medical appliance manufacture.

(23)

Petroleum products storage.

(24)

Pottery and ceramics manufacture.

(25)

Printing and publishing.

(26)

Public utility and service uses.

(27)

Radio and television stations and towers.

(28)

Rope, cord and twin manufacture.

(29)

Signs, as regulated hereunder.

(30)

Sporting goods manufacture.

(31)

Temporary buildings for construction purposes, for a period not to exceed the duration of such construction.

(32)

Trade schools.

(33)

Wearing apparel manufacture.

(34)

Warehousing and wholesale establishments, and storage, other than accessory to permitted limited industrial uses.

(35)

Accessory uses, incidental to, and on the same lot as the principal use.

(36)

Adult-oriented establishments as defined in section 55-629 and established in accordance with the provisions of said section.

(37)

Auto repair.

(Code 1986, § 10.15(6)(b); Ord. No. 10.15-2A, § 1(10.15(6)(1)(b)(36)), 11-12-2002; Ord. of 11-9-2021(1), § 2)

The following conditional uses are permitted in the I-1 limited industrial district:

(1)

Air, railroad and water freight terminals, railroad switching and classification yards, repair shops and roundhouses.

(2)

Food manufacture, packaging and processing.

(3)

Heliports, private.

(4)

Institutions for the care or treatment of alcoholics, drug addict patients, or the mentally disturbed.

(5)

Machine shops.

(6)

Paper products manufacture.

(7)

Parks and playgrounds.

(8)

Planned developments, industrial.

(9)

Signs in excess of 50 feet in height from curb level.

(10)

Soap manufacture.

(11)

Stadiums, auditoriums and arenas—open or enclosed.

(12)

Woodworking and wood products.

(13)

Other manufacturing, processing, storage or commercial uses determined by the city plan commission to be of same general character as the uses permitted in section 55-601, and found not to be obnoxious, unhealthful or offensive by reason of the potential emission or transmission of noise, vibration, smoke, dust, odors, toxic or noxious matter, glare or heat, or fire or explosive hazards.

(14)

Accessory uses, incidental to, and on the same zoning lot as the principal use.

(Code 1986, § 10.15(6)(c))

In the I-1 limited industrial district there shall be provided not less than 5,000 square feet of lot area for each business establishment.

(Code 1986, § 10.15(6)(d))

Yard requirements within the I-1 limited industrial district are as follows:

(1)

Front yard. There shall be a front yard having a minimum depth of 25 feet.

(2)

Side yard. No interior side yard shall be required.

(3)

Corner side yard. There shall be a corner side yard of not less than 25 feet in each instance where the side property line is adjacent to a public street.

(4)

Rear yard. There shall be a rear yard having a minimum depth of 25 feet.

(5)

Transitional yards.

a.

Where a side lot line coincides with a side or rear lot line in an adjacent residence district or business district, a yard shall be provided along such lot line. Such yard shall be equal in dimensions to the minimum side yard which would be required under this article for an R-1 single-family residential use.

b.

Where a rear lot line coincides with a side lot line in an adjacent residence district or business district, a yard shall be provided along such rear lot line. Such yard shall be equal in dimension to the minimum side yard which would be required under this article for an R-1 single-family residential use.

c.

Where a rear lot line coincides with a rear lot line in an adjacent residence district or business district, a yard shall be provided along such rear lot line. Such yard shall be not less than that which would be required for an R-1 single-family residential use.

d.

Where the extension of a front or side lot line coincides with a front lot line of an adjacent lot located in a residence district or a business district, a yard equal in depth to the minimum front yard required by this article on an R-1 single-family residential lot shall be provided along such front or side lot lines.

e.

No building or structure in the I-1 limited industrial district shall be located within 100 feet of a residence district boundary line, unless such buildings or structure is effectively screened from such residence district or business district by a wall, fence, or densely-planted compact hedge, not less than six feet nor more than eight feet in height.

f.

In the I-1 limited industrial district, on properties or portions thereof located directly across a street from a business or residence district, if any point on the exterior surface of any building or structure is at a greater height than 35 feet above curb level, such point projected vertically upon the ground shall, in no case, be nearer to the business or residence district boundary line than a horizontal distance equal to 1½ times the height of such point above curb level, however, stacks, tanks, bulkheads, or ventilating equipment, including towers enclosing same, shall be exempt from such limitation if not exceeding in the aggregate 25 feet in lineal dimension parallel to the street for any 100 feet of street frontage. Parapets not exceeding three feet in height shall also be exempt from such limitation.

(Code 1986, § 10.15(6)(e))

Bulk limitation with the I-1 limited industrial district is as follows:

(1)

Height. Buildings hereafter erected or structurally altered shall exceed neither 60 feet nor five stories in height.

(2)

Area limitation. All buildings, including the principal buildings, accessory uses, driveways and off-street parking areas shall cover not more than 90 percent of the lot area.

(Code 1986, § 10.15(6)(f))

The following words, terms and phrases, when used in this subdivision, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Adult bookstore, adult novelty store or adult video store means:

(1)

A commercial establishment which, as one of its principal purposes, offers for sale or rental for any form of consideration any one or more of the following:

a.

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which are characterized by the depiction or description of specified sexual activities and/or specified anatomical areas; or

b.

Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

(2)

A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities and/or specified anatomical areas.

(3)

Notwithstanding the foregoing, a commercial establishment which offers for sale or rental any of the items listed in subsection (1)a of this definition will not be considered to have as one of its principal business purposes the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas provided all of the following conditions are met:

a.

Total gross revenues from the sale or rental of any of the items listed in subsection (1)a of this definition do not exceed 50 percent of the commercial establishment's gross revenue;

b.

Total gross square footage of display space and stock area devoted to the sale or rental of any of the items listed in subsection (1)a of this definition does not exceed 50 percent of the commercial establishment's total square footage;

c.

No electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained on the premises of the commercial establishment to show images of items listed in subsection (1)a of this definition to any customers or potential customers of the commercial establishment.

Adult cabaret means a nightclub, bar, restaurant or similar commercial establishment which regularly features:

(1)

Persons who appear in a state of nudity or semi-nudity;

(2)

Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)

Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

Adult entertainment means any exhibition of motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specified sexual activities, or specified anatomical areas, as defined in this section, or the removal of articles of clothing to appear totally nude or to display a nude genital area or female nude breast.

Adult motion picture theater means a commercial establishment which regularly features nonlive performances or entertainment such as films, motion pictures, videocassettes, slides, or similar photographic reproductions which are distinguished or characterized by an emphasis on matters exhibiting, depicting, describing or relating to specified sexual activities and/or specified anatomical areas, as defined in this section, for observation by patrons therein.

Adult-oriented establishments includes, but is not limited to, adult bookstores, adult novelty stores, adult video stores, adult motion picture theaters, and adult cabarets. It further means any premises to which public patrons or members of a private organization are invited or admitted and which are physically arranged so as to provide booths, cubicles, rooms, compartments or stalls separate from the common areas of the premises for the purpose of viewing adult entertainment or wherein an entertainer provides adult entertainment to a member of the public, a patron or a member of a private organization, whether or not such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.

Specified anatomical areas means:

(1)

Human genitals, pubic region, buttocks, anus or the areola of a female breast less than completely and opaquely covered by clothing; or

(2)

Human male genitals in a discernibly turgid state, even if opaquely covered by clothing.

Specified sexual activities means simulated or actual:

(1)

Showing of human genitals in a state of sexual stimulation or arousal;

(2)

Acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio or cunnilingus; or

(3)

Fondling or erotic touching of human genitals, pubic region, buttocks or female breasts.

(Ord. No. 10.15-1A, § 2(10.15(6)(g)), 7-24-2003)

(a)

The city plan commission, the police department and city staff and consultants have reviewed a variety of issues and concerns related to the off-site, secondary effects of adult-oriented establishments. In this process land use study information for adult-oriented establishments prepared for the cities of Phoenix, Arizona; Garden Grove, California; Los Angeles, California; Indianapolis, Indiana; Oklahoma City, Oklahoma; Austin, Texas; Newport News, Virginia; and Seattle, Washington, and the studies and experiences of the City of Wausau, and the Town of Rib Mountain have been reviewed. Based on these, it has been the experience of many of these cities, that adult-oriented establishments can:

(1)

Contribute to the impairment of the character and quality of the neighborhood which surrounds these establishments;

(2)

Contribute to a decline in the value of real estate property in the neighborhood surrounding these establishments; and

(3)

Lead to an increase in many types of criminal activities in neighborhoods where adult-oriented establishments are located.

(b)

The objectionable secondary effects of adult-oriented establishments are exacerbated when these types of commercial uses are operated in close proximity to one another.

(c)

The common council desires to minimize and control these adverse secondary effects and thereby:

(1)

Protect, health, safety and welfare of the citizens of the city;

(2)

Protect the citizens from increased crime;

(3)

Preserve the quality of life;

(4)

Preserve the property values and character of surrounding neighborhoods and businesses; and

(5)

Deter the spread of urban blight.

(d)

It is the purpose and intent of this section of the zoning code to regulate adult-oriented establishments so as to protect and promote the health, safety, and general welfare of the citizens of the city and visitors thereto and to establish reasonable and uniform regulations to prevent to concentration of adult-oriented establishments within the community. This subdivision is also intended to deter property uses and activities conducted thereon which, directly or indirectly, cause or would cause adverse effects on the stability of the immediate neighborhood surrounding the adult-oriented establishment.

(e)

This subdivision intends to balance the rights of citizens in the city to maintain a decent moral society and, on the other hand, the right of individuals to express themselves freely in accordance with the guidelines of the Constitution of the United States, and the U.S. Supreme Court rulings pursuant thereto. This subdivision has neither the purpose nor effect of imposing limitation or restriction on the content of any communicative materials, including adult-oriented materials. Neither is it the purpose or intent of this subdivision to restrict or deny lawful access by adults to sexually oriented materials nor to deny access by the distributors and exhibitors of sexually oriented materials to their intended markets. The purpose or intent of this subdivision is not to impose judgment on the content or merits of any constitutionally protective form of speech or expression.

(f)

Moreover, this subdivision serves a substantial government interest and does not unreasonably limit alternative avenues of communication.

(Ord. No. 10.15-1A, § 2(10.15(6)(g)), 7-24-2003)

An adult-oriented establishment must meet the following criteria:

(1)

Any customer entrance to the business shall not be located within 500 feet, as measured in a straight line, of a residence zoning district boundary located within the city or within 500 feet of the city limits; and

(2)

Any customer entrance to the business shall not be located within 1,000 feet, as measured in a straight line, of any customer entrance to any existing adult-oriented establishment.

(Ord. No. 10.15-1A, § 2(10.15(6)(g)), 7-24-2003)