Shorewood City Zoning Code
ARTICLE V
Uses
§ 535-25 Principal uses.
[Amended 6-3-2024 by Ord. No. 3064; 7-7-2025 by Ord. No. 3072]
A.
General regulations.
(1)
Use Table. Principal uses are allowed in accordance with Table 535-25-1. Multiple principal uses as allowed may be located on one lot or in one tenant space.
Table 535-25-1 Principal Use Table | |
Key: | |
● | = Permitted as-of-right |
◓ | = Permitted as-of-right, subject to location restrictions |
◐ | = Permitted as-of-right [floor area not to exceed 25% of building footprint or in the rear of the ground story per § 535-25A(2)] |
○ | = Conditional use permit approval required |
— | = Prohibited |
* | Additional restrictions |
Table 535-25-1 Principal Use Table | |
Key: | |
● | = Permitted as-of-right |
◓ | = Permitted as-of-right, subject to location restrictions |
◐ | = Permitted as-of-right [floor area not to exceed 25% of building footprint or in the rear of the ground story per § 535-25A(2)] |
○ | = Conditional use permit approval required |
— | = Prohibited |
* | Additional restrictions |
(2)
Interpreting the Use Table.
(a)
Use classification system. Uses are listed in the first column of Table 535-25-1. This chapter classifies uses into categories and subcategories, as explained in § 535-25B.
(b)
Permitted uses. Uses identified with a "●" are permitted as-of-right in the subject zone, subject to compliance with all other applicable regulations of this chapter.
(c)
Permitted as-of-right, subject to location restrictions. Uses identified with a "◓" are permitted as-of-right in the subject zone but only when located above the ground floor in upper stories of the building or in the rear of the ground story, a minimum of 20 feet from the primary facade. The first 20 feet behind the primary facade must contain occupied building space of an allowed use. See § 535-6A for definition of "occupied building space."
Uses identified with a "*" shall not be located along the primary facade within 60 feet from a street corner (measured from the corner of the building), and may only be located within buildings with at least 120 linear feet of primary frontage, so long as those total uses, not including a lobby, occupy no more than 90 linear feet or 50% of the frontage along the primary facade, whichever is less.
(d)
Permitted in limited portion of building footprint. Uses identified with a "◐" are permitted as-of-right in the subject zone in any floor of the building, provided that the total cumulative floor area occupied by such uses does not exceed 25% of the ground story building footprint. A planning adjustment may be requested for up to an additional 10% of the footprint, maximum 35%.
(e)
Conditional uses. Uses identified with a "○" are allowed only if reviewed and approved in accordance with the conditional-use permit procedures of § 535-31F.
(f)
Prohibited uses. Uses identified with a "—" are expressly prohibited. Uses that are not listed in the Use Table and that cannot be reasonably interpreted (as stated in § 535-25B) to fall within any defined use category or subcategory are also prohibited.
(g)
Conditions. The final ("Conditions") column of Table 535-25-1 includes a cross-reference to any supplemental (use-specific) conditions that apply to one or more uses within the subject use category.
(h)
Accessory uses and structures. Many customary accessory uses and structures are allowed in conjunction with principal uses. See § 535-26 for regulations.
(i)
Conversions. In R-1 through R-7 Districts, no one-unit household residence may be converted to a two-unit residence.
B.
Use classifications. This subsection establishes and describes the use classification system used to categorize principal uses under this chapter.
(2)
Use categories. Each use group is further divided into more specific categories. Use categories classify principal uses and activities based on common functional, product or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, or relevant building or site conditions.
(3)
Use subcategories. Some use categories are further broken down to identify specific subcategories of uses.
(4)
Classification of uses.
(a)
The Zoning Administrator is authorized to classify individual uses on the basis of the use group, category, and subcategory descriptions of this article. When a use cannot be reasonably classified into a use group, category, or subcategory, or appears to fit multiple groups, categories, or subcategories, the Zoning Administrator is authorized to assign the use to the most similar and thus most appropriate group, category, or subcategory based on the actual or projected characteristics of the principal use or activity in relationship to the use group, category, or subcategory descriptions. In making such determinations, the Zoning Administrator must consider:
[1]
The types of activities that will occur in conjunction with the use;
[2]
The types of equipment and processes to be used;
[3]
The existence, number and frequency of residents, customers or employees;
[4]
Parking demands associated with the use; and
[5]
Other factors deemed relevant to a use determination.
(b)
If a use can reasonably be classified in multiple groups, categories, or subcategories, the Zoning Administrator is authorized to categorize each use in the category that provides the most exact, narrowest, and appropriate fit.
C.
Residential use group. The residential use group includes uses that provide for long-term residential occupancy by individual households or by groups of people living together in a non-household setting.
(1)
Household living. The household living use category is characterized by a single household occupying a dwelling unit that is self-contained, with facilities for cooking, eating, sleeping, and hygiene. Tenancy is typically 30 days or longer. Examples of household living uses include living in houses, residential buildings containing multiple dwelling units, mixed-use buildings, and other buildings containing self-contained dwelling units. Housing that includes shared facilities (e.g., assisted living facilities, co-housing, and intentional communities) is considered household living if residents occupy self-contained dwelling units.
(2)
Group living.
(a)
Description. The group living use category is characterized by residential occupancy of all or a portion of a building by a group other than a household. Individuals typically occupy rooms or areas that do not include separate cooking, eating, or bathroom facilities necessary to provide for self-contained living. Group living uses typically have a common eating area for residents. Tenancy is typically 30 days or longer. Buildings or spaces occupied by group living uses contain individual rooms with private or shared bathroom facilities and may also contain shared kitchen facilities, and/or common dining and living areas for residents. Residents may or may not receive any combination of care, training, or treatment, but those receiving such services must reside at the site. Group living uses include the following subcategories:
[1]
Community living arrangement. Any use described in § 46.03(22), 48.743(1), 48.02(6), or 50.01(1), Wis. Stats. Small community living arrangement uses are those occupied by eight or fewer residents (not counting caregivers). Large community living arrangement uses are those occupied by nine or more residents (not counting caregivers).
(b)
Use-specific conditions. Community living arrangements are subject to the regulations established in § 62.23(7)(i), Wis. Stats.
D.
Commercial use group. The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public.
(1)
Commercial kitchens.
(a)
Description. Establishments that utilize kitchens for commercial operations. Typical uses include confections, bakeries, caterers, and custom-made food items.
(b)
Supplemental regulations. In the MX Districts, a minimum of 200 square feet of accessory retail sales is required for commercial kitchens. The accessory retail sales or service must be located within the primary frontage of the building. No on-site retail sales may be associated with commercial kitchens in the P-1 District.
(2)
Consumer service. The consumer service use category includes establishments that provide personal or small business oriented services to individuals or small businesses. Typical uses in the consumer service use category include the following:
(a)
Improvement service. Establishments that provide grooming, cosmetic, or well-being-related services for people and their pets. Typical uses include barbers, hair and nail salons, pet grooming establishments, tanning salons, day spas, health clubs, and body art services (e.g., tattoo and piercing). Also includes practitioners of the healing arts, such as massage therapists and acupuncturists, but does not include medical and dental clinics and offices in § 535-25D(10). Walk-in consultations or appointments are typically allowed and retail goods supporting the business are on display and for sale.
(b)
Studio, artist or instructional service. Establishments that focus on providing individual or small group instruction or training in fine arts, music, dance, drama, fitness, language or similar activities. Also includes dance studios, ballet academies, yoga studios, martial arts instruction, tutoring, artist studios and photography studios.
(c)
Business support service. Establishments that provide personnel services, printing, copying, package (delivery) dropoff, photographic services or communication services to businesses or consumers. Examples include employment agencies, copy and print shops, delivery/courier service dropoff location for consumers, and photo developing labs.
(d)
Consumer maintenance and repair service. Establishments that provide maintenance, cleaning and repair services for consumer goods on a site other than that of the customer (i.e., customers bring goods to the site of the repair/maintenance business). Examples include laundry and dry cleaning pickup shops, tailors, bicycle repair, taxidermists, dressmakers, shoe repair, picture framing shops, locksmiths, vacuum repair shops, electronics repair shops and similar establishments.
(4)
Eating and drinking places. The eating and drinking places use category includes establishments that prepare and serve food or beverages for on- or off-premises consumption. The category includes full-service restaurants, take-out restaurants, ice cream and yogurt shops, bars, taverns, brewpubs, and banquet halls. Eating and drinking places with drive-up or drive-through service are allowed only where accessory drive-through service is allowed, in accordance with the building type regulations of § 535-22.
(5)
Entertainment, indoor. Establishments that provide commercial gathering places, primarily indoors, for participant or spectator entertainment that have no more than 20,000 square feet of total gross floor area. Typical general entertainment uses include cinemas, theaters, arcades, bowling alleys, and experience-based entertainment establishments, such as laser tag, escape rooms, and arts and crafts workshops. Does not include adult-oriented businesses.
(6)
Event venue. An event venue is a multipurpose venue facility hosting special events, such as graduations, weddings, anniversaries, holiday gatherings, trade shows, corporate functions or parties, concert settings, and general get-togethers. An event venue typically includes indoor and/or outdoor seating and a stage or event area, but not a full-service kitchen.
(7)
Funeral and mortuary service. The funeral and mortuary service use category includes establishments that provide services related to the death of a human or domestic household pet, including funeral homes and mortuaries.
(8)
Lodging. Establishments that provide temporary lodging for less than 30 days to transient guests who maintain a permanent place of residence elsewhere. Examples include hotels and motels, bed-and-breakfast inns, as described in § 97.01(1g), Wis. Stats., and short-term rentals, as described in § 66.1014(1)(c), Wis. Stats.
(9)
Manufacturing and production, artisan.
(a)
Description. The artisan manufacturing and production use category includes indoor work spaces used by artists for the creation of art or the practice of their artistic endeavors or by craftspeople who produce consumer goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations, storage or regular commercial truck parking/loading. Typical uses include woodworking; custom furniture shops; tailors and clothing-makers; cabinetmaking; ceramic studios; jewelry manufacturing; upholstery shops; and artwork, including painting, printmaking and sculpture.
(b)
Supplemental regulations. In the MX District, a minimum of 200 square feet of accessory retail sales or service is required for artisan manufacturing and production. The accessory retail sales or service must be located within the primary frontage of the building.
(10)
Medical or dental office or clinic. Workplaces of medical practitioners, such as medical doctors, optometrists, dentists, physical therapists, chiropractors, and veterinarians licensed for such practice by the state and where appointments are typically scheduled in advance. This subcategory includes outpatient clinics and urgent care facilities, but excludes medical services provided in hospitals.
(11)
Office. The office use category includes workplaces of private companies, organizations (for-profit and nonprofit), and public agencies providing professional, executive, management, medical, administrative, or design services, including the following subcategories:
(a)
Business and professional office. Workplaces of firms, organizations, or agencies, as well as individuals in a co-working environment, providing professional, executive, management, administrative, financial, accounting, consulting, or legal services, but excluding walk-in offices. Examples of business and professional offices include accounting, architecture, computer software design, engineering, graphic design, interior design, investment, insurance, law offices, mental health practitioners, and counselors.
(b)
Broadcast or recording studio. Establishments that provide for audio or video production, recording or broadcasting.
(c)
Business training. Commercial establishments and facilities, including classrooms, providing vocational, trade, business or professional training services in a completely enclosed building.
(d)
Financial service. Establishments involved in the exchange, lending, borrowing and safekeeping of money. Examples include banks and credit unions. Automatic teller machines, kiosks and similar facilities that do not have on-site employees are not classified as financial service uses if they meet the criteria for classification as an accessory use. Personal credit establishments are not considered financial service uses. [See § 535-25D(12).]
(e)
Research service. Establishments engaged in scientific research and testing services leading to the development of new products and processes. Research service uses do not include the mass production, distribution or sale of products or uses that produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.
(f)
Walk-in office. Workplaces primarily providing direct services to patrons or clients, typically not requiring appointments. This subcategory includes employment agencies, insurance agencies, real estate agent offices, travel agencies, utility company offices, and offices for elected officials. It does not include medical or dental offices or uses more specifically classified as financial services.
(12)
Personal credit establishment.
(a)
Description. The personal credit establishment use category includes any one or more of the following:
[1]
Check cashing establishment. Any use, except a bank, trust company, savings bank, savings and loan association, credit union, or industrial loan and thrift company, engaged in the business of cashing checks, drafts, money orders or traveler's checks for a fee.
[2]
Pawnbroker. An establishment that is engaged to any extent in the purchasing and selling of articles or jewelry in a manner described in § 134.71(1)(e) or 134.71(1)(g) or (h), Wis. Stats.
[3]
Payday lender. Any person or entity that is substantially in the business of negotiating, arranging, aiding, or assisting a consumer in procuring payday loans, as described in § 62.23(7)(hi)1.b, Wis. Stats.
(b)
Use-specific conditions. Personal credit establishments are subject to the following use-specific regulations:
[1]
A personal credit establishment may not be established within 1,500 feet of any other personal credit establishment, measured in a straight line between the nearest exterior walls of the buildings occupied by the respective personal credit establishments.
[2]
A personal credit establishment may not be established within 150 feet of an R-1, R-2, R-3, R-4, R-5, or R-6 Zoning District or a P-1 Zoning District.
[3]
A personal credit establishment may not be established within 50 feet of a Planned Development District, unless the Plan Commission specifically finds that the proposed use would be consistent with the uses allowed in the subject Planned Development District and would not impede the normal and orderly development and improvement of the property in the Planned Development District.
[4]
A personal credit establishment may not be open or in operation between the hours of 9:00 p.m. and 7:00 a.m.
(13)
Retail sales, general. The general retail sales use category includes uses that sell or otherwise provide pharmaceuticals, groceries, sundry goods, convenience goods, consumer shopping goods, household goods, plants and flowers, or hardware, except that the sale or display of firearms or ammunition suitable for use in a firearm is prohibited. This category includes consignment sales and retail sales of used merchandise, including antiques, and does not include goods classified in the retail sales, donated goods category.
(14)
Retail sales, donated goods.
(a)
Description. The donated goods retail sales use category includes uses that receive donated goods from the public for on-site sale of those goods to the public, except that the sale or display of firearms or ammunition suitable for use in a firearm is prohibited. Consignment sales and retail sales of used merchandise is classified in the general retail sales use category.
(b)
Use-specific conditions. Retail sales, donated goods, are subject to the following use-specific regulations:
[1]
Donation dropoff must be limited to during business hours only. All donations must be brought inside or collected from an employee at an entrance and stored inside.
[2]
Exterior doors must be include a sign specifying that no donations outside of business hours are accepted.
[3]
Refuse containers must be located inside the building per § 535-22D(5).
(15)
Vehicle service.
(a)
Description. The vehicle service use category includes uses that provide for the ordinary maintenance, or limited repair of new or used passenger motor vehicles. Examples of vehicle service uses include the following subcategories:
[1]
Fueling station. Establishments engaged in retail sales of vehicle fuels or electric vehicle supply for personal motor vehicles, other than truck stops and fleet fueling facilities. Fueling stations may dispense conventional vehicle fuels and/or alternative vehicle fuels. See § 535-26D for accessory structure fueling pumps and § 535-26C for electric vehicle charging equipment. Electric charging for fleet vehicles is allowed, accessory to the principal use.
[2]
Personal vehicle repair and maintenance, minor. The service and repair of automobiles, light-duty trucks, boats, and motorcycles, including the incidental sale, installation, and servicing of related equipment and parts. This classification includes the replacement of small automotive parts and liquids as well as emissions testing, quick-service oil, tune-up and brake and muffler shops in which service is provided in enclosed bays and no vehicles are stored overnight. Does not include disassembly, removal or replacement of major components, such as engines, drive trains, transmissions or axles; automotive body and fender work, vehicle painting or other operations that generate excessive noise, objectionable odors, or hazardous materials.
[3]
Car washes. Establishments engaged in the cleaning of motor vehicles. As the principal use on the lot, all car wash facilities must meet the regulations of a building type. Accessory car wash facilities are regulated as outbuildings.
(b)
Use-specific conditions. Vehicle service uses are subject to the following use-specific regulations:
[1]
The maximum number of vehicles that may be stored or displayed outside of completely enclosed buildings may not exceed one vehicle per 300 square feet of lot area after deducting areas covered by buildings and required parking and maneuvering areas from the gross area of the lot.
[2]
Vehicles may not be stored in tandem; each vehicle must be accessible from a drive aisle.
[3]
Inoperable vehicles must be parked on-site and for no more than 30 days.
E.
Civic and institutional use group. The civic and institutional use group includes public, quasi-public, and institutional uses that provide services that benefit the public at-large.
(1)
College. The college use category includes institutions of higher learning that offer courses of general or specialized study and are authorized to grant academic degrees. The college use subcategory includes classrooms and instructional spaces, as well as on-campus residence halls, fraternity and sorority houses, administrative buildings, auditoriums and other on-campus uses and facilities that provide customary accessory and support functions for college or university uses.
(2)
Community assembly. The community assembly use category includes facilities for hosting public or private meetings including senior centers, community centers, municipal-owned performing arts centers, and religious institutions. It also includes fraternal organizations and similar not-for-profit clubs restricted to use by dues paying members and their guests.
(3)
Cultural facility. Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art or library collections of books, manuscripts and similar materials operated by a public or quasi-public agency.
(4)
Hospital. State-licensed public, private, and nonprofit facilities providing inpatient medical, surgical, mental health, or emergency medical services. Hospitals may also provide outpatient treatment.
(5)
Parks and open space. The parks and open space use category includes recreational, social, or multipurpose uses associated with public parks, public open spaces, public play fields, public or private golf courses, or other outdoor open space or recreation areas. It also includes urban agriculture uses, such as community gardens, outdoor urban farms and beekeeping. The parks and open space use category includes the following subcategories:
(a)
Community garden. An area of land managed and maintained by a public or nonprofit organization or a group of individuals to grow and harvest food crops and/or ornamental crops, such as flowers, for personal or group use, consumption, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members. Community gardens may be principal uses or accessory to other public or semipublic uses, such as parks, schools, community centers, or community assembly uses. This classification does not include gardens that are accessory to residential uses when access is limited to those who reside on the subject property. Sales of products produced in association with a community garden is permitted as an accessory use in zones in which retail sales and entertainment uses are allowed.
(b)
Natural resource preservation. Undeveloped land left in a natural state for specific use as visual open space or environmental purposes. Typical uses include wildlife or nature preserves, arboretums, flood management projects and reservoirs.
(c)
Parks and recreation. Parks, playgrounds, recreation facilities, and related open spaces that are open to the general public. This subcategory also includes playing fields, courts, gymnasiums, swimming pools, picnic facilities, tennis courts, boat docks, and golf courses, as well as related food concessions or clubhouses within a principal structure or in an accessory structure on the same site.
(6)
Safety service. Publicly owned establishments that provide fire, police, or public safety services, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations, ambulance services, and storm or civil defense shelters.
(7)
School. Public and private schools at the primary, elementary, middle school or high school level that provide basic, compulsory, state-mandated education outside of a residence.
(8)
Utilities and services. The utilities and services use category includes utilities and essential public service uses and facilities. The utilities and services use category includes the following subcategories:
(a)
Utilities and services, minor. Facilities that need to be located in or close to the area where the service is provided. Minor utilities generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include water and sewer pump stations; gas regulating stations; underground electric distribution substations; electric distribution lines and transformers; bus turnarounds and on-street transit stops, water conveyance systems; stormwater storage and conveyance systems; and emergency communication warning/broadcast facilities.
(b)
Utilities and services, major. Facilities that typically have substantial visual or operational impacts on nearby areas. Typical uses include water and wastewater treatment facilities and high-voltage electric substations, and utility-scale power generation facilities (including wind, solar and other renewable and nonrenewable energy sources).
F.
Other uses.
(1)
Parking lots and structures.
(a)
Description. The parking lots and structures use category includes all parking lots and parking structures located on lots or sites that are not occupied by a principal building or use, including public parking lots, parking lots for electric vehicle charging, and parking lots that provide required parking spaces for land uses that are located on a different site than the use served by such parking (i.e., off-site parking).
(b)
Use-specific conditions. Use-specific conditions are as follows:
[1]
Access. Access to parking lots and structures must be off an alley; if no alley exists, access may be located off a non-primary street; if no alley and no non-primary street exists, one access drive may be off a primary street.
[2]
Materials. Any portion of a parking structure fronting a street or visible from any street must meet the design requirements for parking facades per § 535-23E(10).
[3]
Ramps. Drive ramps sloped more than 1:20 must not be located on a primary street facade.
[4]
Height. The height of any parking structure must be lower than any part of an abutting or adjacent principal structure by a minimum of six feet.
[5]
Re-use. The structure providing horizontal floors at the floor-to-floor heights of one of the building types allowed in the zoning district, to allow future conversion to another use.
§ 535-26 Accessory uses and structures.
A.
General accessory use regulations.
(1)
Uses and structures authorized. Accessory uses and structures are allowed only in connection with lawfully established principal uses and principal structures. Allowed accessory uses and structures are limited to those expressly identified in Table 535-26-1, as well as those that, in the determination of the Zoning Administrator, satisfy all of the following criteria:
(a)
They are customarily found in conjunction with the subject principal use and structure;
(b)
They are subordinate and clearly incidental to the principal use of the property;
(c)
They are operated and maintained by the owners or lessees of the principal use; and
(d)
They serve a necessary function for or contribute to the comfort, safety or convenience of the owners or lessees of the principal use.
Table 535-26-1 Accessory Use and Structure Table | |
Key: | |
● | = Permitted |
○ | = Requires conditional use approval |
— | = Prohibited |
Table 535-26-1 Accessory Use and Structure Table | |
Key: | |
● | = Permitted |
○ | = Requires conditional use approval |
— | = Prohibited |
(2)
Generally applicable regulations. The regulations of this section apply generally to all accessory uses and structures unless express provisions of this chapter establish more specific regulations for a particular type of accessory use or accessory structure.
(a)
Location. Accessory uses and structures must be located on the same lot as the principal use and principal structure to which they are accessory.
(b)
Yard. Accessory buildings and structures are allowed in the rear or side yard only, unless otherwise expressly stated.
(c)
Time of establishment. No accessory building or structure other than a fence or temporary construction office or may be placed on a lot before construction of the principal building.
(d)
Buildings and structures. Accessory buildings and structures are subject to the same regulations that apply to principal buildings and structures on the subject lot, unless otherwise expressly stated.
(e)
Size. Accessory structures must not exceed 15 feet in height and shall not occupy more than 10% of the lot, unless otherwise stated.
(f)
Separation from principal structure. Accessory buildings must be separated by a minimum distance of 10 feet from the principal building on the lot.
B.
Drive-through facility.
(1)
Applicability. The regulations of this section govern accessory drive-through uses and facilities, which are structures or portions of a building that permit customers to purchase goods or receive services while remaining in their motor vehicle.
(3)
Location. Drive-up windows and drive-through facilities must be located in the rear yard, interior side yard, or on the rear or interior side facade of the building. See Figure 535-26-1 for one example of a drive-through.
Figure 535-26-1 Drive-Through Facility |
 |
(4)
Additional regulations.
(a)
Vehicle stacking. Vehicle stacking lanes must be located in the rear yard or an interior side yard.
(b)
Accessory structures/signs. The menu board and speaker must be located in the rear yard or an interior side yard.
(c)
Adjacent to R District. When a drive-through facility is located on a lot that abuts an R District to the side or rear, the following applies:
[1]
The drive-through facility, including the window, any canopy, and any stacking area for vehicles, must be set back at least 25 feet from the abutting R District lot line.
[2]
The drive-through facility may not be located closer to any street than any principal building on the lot or an abutting lot.
(d)
Structure. Drive-through canopies and roofs must match the roof of the principal building and must not exceed the height of the structure. Materials used for the drive-through supports or other features must be repeated from the principal building design.
(e)
Site coverage. Drive-through canopies are limited to no more than 50% of the building footprint.
(f)
Conditions. Where allowed only with a conditional use permit per the building type regulations in § 535-22, drive-through facilities may be approved only as with the following conditions:
[1]
The use is accessory only to a financial service subcategory principal use per § 535-25D(11)(d).
[2]
The drive-through facility is staffed by an on-site person.
[3]
Amplified sound is allowed only at the window.
C.
Electric vehicle supply equipment.
(1)
Where allowed.
(a)
Electric vehicle supply equipment is permitted in all districts when accessory to the principal use. When such stations are accessory to residential uses, they must be designated as private, restricted-use charging stations.
(b)
If the principal use of the subject property is electric vehicle charging, then the use is considered a fueling station for zoning purposes and restricted to zoning districts in which fueling stations are allowed.
D.
Fuel pumps.
(1)
Applicability. The regulations of this subsection apply to fuel pumps and canopies associated with vehicle service uses. They do not apply to electric vehicle charging equipment.
(2)
Where allowed. The accessory structure tables for each building type identify the zones in which fuel pumps are allowed.
(3)
Principal building. Fuel pumps must be accessory to a principal building, a building type allowed in the subject zone.
(4)
Location. Fuel pumps must be located in the rear yard or interior side yard. See Figure 535-26-2 for one example of a fuel pump location.
Figure 535-26-2 Fuel Pumps |
 |
(5)
Additional regulations.
(a)
Size and site coverage. Fuel pump canopies may not exceed 18 feet in height and may not occupy more than 35% of the lot.
(b)
Materials. The roof of the canopy must match the principal building in type and material. Columns and supports must be clad in a major material used on the principal building facade.
(c)
Canopy lighting. All luminaires mounted or recessed into the lower surface of service station canopies shall be shielded and utilize flat lenses.
E.
Home occupations.
(1)
Allowed home occupations. The following home occupations are permitted as-of-right if they comply with all of the general regulations of § 535-26E(2), below. Allowed home occupations that do not comply with the general regulations of § 535-26E(2), below, require approval of a conditional use permit. (See § 535-31F.)
(a)
Caterers, dressmakers, seamstresses or tailors;
(b)
Music or dancing teachers, provided that the instruction shall be limited to one pupil at a time except for occasional groups;
(c)
Artists, sculptors or authors;
(d)
Lawyers, architects, engineers, real estate agents/brokers, insurance agents, and members of similar professions;
(e)
Ministers, rabbis, priests or members of religious orders;
(f)
The letting for hire of not more than two rooms for rooming or boarding use for not more than two persons, neither of whom is a transient;
(g)
Home-based workers employed by a firm or organization with offices located elsewhere; and
(h)
Other home-based work activities that can be conducted without external impacts on the surrounding neighborhood.
(2)
General regulations. Home occupations are subject to compliance with the following regulations in addition to all regulations of the underlying zoning district:
(a)
The home occupation shall be incidental and secondary to the use of the dwelling for dwelling purposes.
(b)
No more than 25% of the floor area of one story of the dwelling shall be devoted to any home occupation.
(c)
No person other than members of the immediate household occupying such dwelling shall be employed in the home occupation.
(d)
No stock-in-trade (except articles produced by members of the immediate household residing on the premises) shall be displayed or sold upon the premises.
(e)
There shall be no stock-in-trade or commodity sold or services rendered that require receipt or delivery of merchandise, goods or equipment by other than a passenger motor vehicle or by letter carrier mail service or parcel delivery service.
(f)
No alteration of the dwelling shall be made which changes the character thereof as a dwelling.
(g)
The home occupation shall be conducted entirely within the dwelling; all activity, including storage, shall be conducted completely within the dwelling.
(h)
There shall be no signs, display or activity that will indicate from the exterior of the dwelling that the building is being used for any purpose other than that of the dwelling.
(i)
No home occupation shall be operated in such a manner as to cause a public nuisance as defined in § 389-1 of the Village Code.
(j)
There shall be no perceptible noise, odor, smoke, electrical interference or vibrations emanating from the dwelling.
(k)
There shall be no more than one customer or client on the premises at the same time.
(l)
There shall be no activity connected with the home occupation between the hours of 10:00 p.m. and 7:00 a.m.
(3)
Prohibited home occupations. The following are expressly prohibited as home occupations:
(a)
Animal hospitals.
(b)
Barbershops.
(c)
Beauty parlors.
(d)
Clinics or hospitals.
(f)
Mortuaries.
(g)
Nursery schools.
(h)
Private clubs.
(i)
Renting of trailers.
(j)
Repair shops or service establishments, except the repair of electrical appliances, typewriters, cameras, or other similar small items.
(k)
Restaurants.
(l)
Stables or kennels.
(m)
Tourist homes.
F.
Outdoor dining.
(1)
Applicability. The regulations of this section govern outdoor dining as an accessory use to an allowed principal use on the property per Table 535-26-1.
(2)
Use-specific conditions. Outdoor dining is allowed on any lot with approval of a conditional use permit (See § 535-31F.) subject to the following:
(a)
Outdoor dining is allowed as an accessory use only to an eating and drinking place or event venue principal use.
(b)
Outdoor dining may be allowed on any rooftop [See § 535-23B(1)(d).] that is not abutting an R District and in any yard of the lot.
(f)
Outdoor dining may be required to be closed by 10:00 p.m., Sunday through Thursday, and midnight on Friday and Saturday as a condition of the permit. Other hours of operation may be applied as conditions by the Plan Commission.
G.
Outdoor display areas.
(1)
Applicability. The regulations of this section govern outdoor display of merchandise or other items offered for viewing and sale as an accessory use of the principal use of the property.
(2)
Regulations. The following regulations apply to all outdoor display areas:
(a)
On-site. Outdoor displays are subject to all applicable setback regulations that apply to the principal building, unless otherwise expressly stated in this chapter.
(b)
Sidewalk sales. Display of merchandise on the public sidewalk directly in front of a business is allowed with the approval of a special privilege permit per § 466-18. A five-foot clear zone must be maintained on the public sidewalk at all times. All other regulations in this subsection apply.
(c)
Single frontage only. Outdoor displays on corner lots must be confined to a single frontage.
(d)
Display time. Merchandise or other items may be displayed only during hours of operation of the principal use and must be fully removed and placed indoors outside of operating hours, except as follows:
[1]
Plant merchandise, such as plant materials, pots, garden accessories, and small bags of soil, may be located outdoors at all times.
[2]
Propane tanks, firewood, ice in freezers, and merchandise similar in scale, hazard, and use may be stored outdoors outside of business hours with approval of a conditional use permit under the following conditions:
H.
Parking structures.
(1)
Applicability. The regulations of this subsection apply to stand-alone, accessory structures occupied by decked, multilevel motor vehicle parking.
(2)
Building type regulations. The accessory structure tables for each building type identify which zones allow accessory parking structures.
(3)
Location. Accessory parking structures must be located on the same lot as the principal structure.
(4)
Yard. Accessory parking structures must be located in the rear yard and be screened from view of any primary street by the principal building. Parking structures on lots with multiple primary street frontages must be screened from view of all primary streets.
(5)
Additional regulations.
(a)
Setbacks. Parking structures may not be located closer to any street or interior side lot line than the principal structure.
(b)
Height. The overall height of a parking structure must be at least one story lower than any principal structure.
(c)
Facade design. On street frontages, accessory parking structures must meet the facade design regulations of a parking structure in § 535-23E(10).
I.
Solar energy systems.
(1)
Applicability. The regulations of this section govern accessory solar energy systems.
(3)
Building-mounted systems.
(a)
Building-mounted solar energy systems may be mounted on principal or accessory structures.
(b)
Building-mounted solar energy systems may not encroach into required street setbacks. Systems mounted on principal structures may encroach into interior side setbacks by up to two feet and into rear building setbacks by up to five feet.
(c)
Only building-integrated or flush-mounted solar energy systems may be installed on street-facing building elevations.
(d)
Building-mounted solar energy systems may not extend more than five feet above the highest point of the roofline.
(4)
Ground-mounted systems.
(a)
Ground-mounted (freestanding) solar energy systems may not be located in a street yard.
(b)
Ground-mounted solar energy systems may be located within interior and rear yard areas but must be set back at least two feet from all lot lines.
(c)
Ground-mounted solar energy systems may not exceed 18 feet in height.
(d)
Ground-mounted solar energy systems must be fully screened from any street or neighboring lot at the ground level by a fence.
J.
Wind energy systems.
(1)
Applicability. The regulations of this subsection govern accessory small wind energy systems.
(2)
Use-specific conditions. Where allowed with a conditional use permit, the following conditions apply:
(a)
Authority to restrict systems limited. Any proposed wind energy system may be approved if the applicant meets the owner requirements for a wind energy system as set forth in § PSC 128.10 through 128.19, Wis. Adm. Code, (current through Administrative Register, December 2014, No. 708) and as hereinafter amended, which are hereby incorporated by reference and made a part hereof as if fully set forth herein.
(b)
The Plan Commission may only restrict the system if the restriction satisfies one of the following conditions:
§ 535-27 Temporary uses.
A.
Authority to approve.
(1)
Planning and Development Department.
(a)
The Planning and Development Department is expressly authorized to approve the following as temporary uses upon determining that the proposed use is a customary temporary use in the subject location and will generally be compatible with surrounding uses and not be a detriment to public safety.
[1]
Construction staging areas, construction field offices and storage of materials related to ongoing construction or demolition not to exceed the period in which construction is ongoing and for which all required permits remain valid;
[2]
Mobile storage containers not to exceed the period in which construction is ongoing and for which all required permits remain valid, or if no building or construction permits are required, for no more than 40 days;
[3]
Parking lot sales, farmers' markets, and other seasonal and holiday sales lots for a maximum of 60 days per lot per year;
[4]
Other similar customary temporary uses and activities.
(b)
The Planning and Development Department is also expressly authorized to refer any temporary use request to the Plan Commission for final decisionmaking.
(2)
Plan Commission. The Plan Commission must hear temporary use requests within a reasonable time after application filing to determine whether the temporary use request should be approved, approved with conditions, or denied. In order to approve temporary use requests, the Plan Commission must determine that the proposed use is a customary temporary use in the subject location, will be generally compatible with surrounding uses when conducted on a temporary basis, and will not be a detriment to public safety.
B.
Conditions of approval. In approving a temporary use, the Planning and Development Department and the Plan Commission are authorized to impose conditions on the operation of the temporary uses that will help to ensure that they do not create unreasonable adverse impacts on surrounding uses and that they operate safely, consistent with the general purposes of this chapter. Examples of such conditions include the following:
(1)
Requirements for vehicle access and parking;
(2)
Restrictions on hours of operation;
(3)
Limitations on signs, outdoor lighting and amplified sound;
(4)
Requirements for financial guarantees for cleanup and/or removal of structures or equipment; and
(5)
Other conditions necessary to carry out the general purposes of this chapter.
C.
Duration of temporary use.
(1)
The applicant must submit a written explanation of the length of time needed for a proposed temporary use.
(2)
The Planning and Development Department or the Plan Commission, as applicable, must establish the allowed time limit for each temporary use at the time of approval, which in no event may exceed 12 months.
§ 535-28 Wireless telecommunications and mobile wireless facilities.
A.
Purpose. In order to accommodate the communication needs of residents and businesses while protecting the public health, safety and general welfare of the community, these regulations are necessary in order to:
(1)
Facilitate the provision of wireless telecommunication services to the residents and businesses of the Village;
(2)
Minimize adverse visual effects of towers through careful design and siting standards;
(3)
Avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements;
(4)
Maximize the use of existing towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community and encourage co-location;
(5)
Encourage the location of towers in nonresidential areas and minimize the total number of towers throughout the Village; and
B.
Definitions. All terms used in this section shall have the meanings described and used in § 66.0404(1), Wis. Stats.
C.
Permits required. Except as hereinafter noted, it shall be unlawful for any person, firm or corporation to place, erect, construct or relocate within the Village of Shorewood any wireless telecommunications equipment or mobile wireless facilities without first applying for and obtaining:
D.
New construction and substantial modification of facilities and support structures.
(1)
An application for a permit to engage in the siting or construction of a new mobile service support structure and facilities or to engage in a Class 1 co-location shall be submitted in writing to the Planning and Development Department and shall contain the following:
(a)
The name and business address of, and the contact individual for, the applicant.
(b)
The location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
If the application is to substantially modify an existing support structure, a construction plan which describes the proposed modifications to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications.
(e)
If the application is to construct a new mobile service support structure, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(f)
If an application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose co-location, including a sworn statement from an individual who has a responsibility over the placement of the mobile service support structure attesting that co-location within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(2)
Determination of completeness within 10 days of submittal. The Director of the Planning and Development Department or the designee shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village shall notify the applicant in writing within 10 days of receiving the application if it is found not to be complete and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete.
(3)
Permit fees. The applicant shall pay the fee as enumerated within the Village Fee Schedule.
(4)
The Village Plan Commission shall review the application and consider a conditional use permit under the following conditions:
(a)
Within 90 days of submitting the application for conditional use permit under Subsection C, it shall be submitted to the Plan Commission for consideration, hearing, decision and issuance of permit.
(b)
The Plan Commission shall give public notice of the time and place of the hearing and due notice to the applicant. The applicant may appear in person or by agent or attorney.
(d)
In granting a conditional use permit, the Plan Commission may impose conditions consistent with the purpose of this section when the Commission concludes such conditions may be necessary.
(e)
The Village Plan Commission may consider the criteria for the grant of a conditional use permit as contained within § 535-31F(4)(a) through (g).
(f)
The Commission shall not deny a conditional use permit:
[1]
Based on the health or environmental effects of radio frequency emissions to the extent that the applicant proves compliance with FCC rules and regulations; or
[2]
Based solely on aesthetic concerns, the height of the mobile service support structure or on whether the structure requires lighting.
(g)
The Plan Commission will make a final decision to approve or deny the application and notify the applicant in writing of its final decision. A denial of a request for a conditional use permit under this section shall be in writing and supported by substantial evidence as contained within the record of proceedings.
E.
Co-located and multiple-user facilities.
(1)
An application for a permit to engage in Class 2 co-location shall be submitted in writing to the Planning and Development Department and shall contain the following:
(2)
Determination of completeness within five days of submittal. The Director of the Planning and Development Department or the Director's designee shall review the application and determine whether the application is complete. If the application includes all of the foregoing information, the application shall be found to be complete. The Village shall notify the applicant in writing within five days of receiving the application if it is found not to be complete, and such notice shall specify in detail the required information that was incomplete. Applicants are allowed to resubmit their application as often as necessary until it is complete.
(3)
Permit fees. The applicant shall pay the fee as enumerated within the Village Fee Schedule.
(4)
The Village Plan Commission shall review the application and consider a conditional use under the following conditions:
(a)
Within 45 days of submitting the application for conditional use permit under Subsection C, it shall be submitted to the Plan Commission for consideration, hearing, decision and issuance of permit.
(b)
The Plan Commission shall give public notice of the time and place of the hearing and due notice to the applicant. The applicant may appear in person or by agent or attorney.
(d)
In granting a conditional use permit, the Plan Commission may impose conditions consistent with the purpose of this section when the Commission concludes such conditions are necessary.
(e)
The Village Plan Commission may consider the criteria for the grant of a conditional use permit as contained within § 535-231F(4)(a) through (g).
(f)
The Commission shall not deny a conditional use permit:
(g)
The Plan Commission will make a final decision to approve or deny the application and notify the applicant in writing of its final decision. A denial of a request for a conditional use permit under this section shall be in writing and supported by substantial evidence as contained within the record of proceedings.
F.
Waiver. The Plan Commission may, in its discretion, waive compliance with provisions within this section where the applicant provides specific engineering and technical data showing that the code requirements would:
G.
All towers, antennas, mobile service facilities and mobile service support structures shall comply with the following requirements:
(1)
Each shall be constructed out of metal or other nonflammable material.
(2)
Mobile service support structures, towers, guy wires, appurtenant equipment and buildings shall comply with the yard and setback requirements of the zoning district in which they are located.
(3)
Building codes; safety standards. To ensure structural integrity, the owner shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable standards that are published by the Electronic Industries Associations or the Wireless Infrastructure Association, as amended from time to time.
(4)
Equipment shall be permanently grounded in accordance with the manufacturer's specifications for installation. All installations shall meet the minimum wind load design velocity of 80 miles per hour.
(5)
No form of advertising or identification shall be allowed other than the customary manufacturer's identification plates.
(6)
Portable or trailer-mounted equipment shall be prohibited; provided, however, that temporary installations for on-site testing and demonstration purposes may be allowed for reasonable periods.
(7)
State or federal requirements. All equipment shall meet or exceed current standards and regulations of the FAA, FCC and any other agency of the state or federal government with the authority to regulate the equipment installed. If such standards and regulations are changed, then the owner of an equipment governed by this section shall bring it into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. Failure to bring it into compliance with such revised standards and regulations shall constitute grounds for the removal under Subsection H.
(8)
Electrical installations in connection with this section, including grounding of the system, shall be in accordance with the National Electrical Code, Wisconsin State Electrical Code and instructions of the manufacturer; in cases of conflict, the stricter requirements shall govern.
(9)
All cable used to conduct current or signals shall be installed underground, unless adequately screened from public view. The location of all such underground lines, cables and conduits shall be shown on the documents supporting the application for permit.
(10)
Equipment shall be filtered or shielded to prevent the emission or reflection of any radio frequency emissions or radiation that would cause interference with practical communication transmissions or broadcast reception on adjacent properties.
(11)
Aesthetic considerations. Equipment shall be located and designed to reasonably reduce visual impact upon surrounding properties at street level. The Plan Commission may require appropriate screening and landscaping that does not interfere with reception.
(12)
Lighting. Regulated equipment shall not be artificially illuminated unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
(13)
The equipment cabinet or structures used in association with equipment regulated under this section shall comply with the following:
(a)
If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof.
(b)
Equipment storage buildings or cabinets shall comply with all applicable building codes.
(c)
Buildings or cabinets located on the ground must be screened from view by vegetation or landscaping.
(14)
Mobile service facilities and mobile service support structures shall ensure that sufficient anti-climbing measures have been incorporated into the facility, as needed, to reduce potential for trespass and injury.
(15)
No mobile service support structure shall be located in R-1 through R-7 Districts.
H.
Failure to maintain or repair.
(1)
The Building Inspector may inspect, at any time, any equipment regulated by this section and located in the Village of Shorewood in order to ascertain whether or not the same is of a safe construction and condition and has been installed in a workmanlike manner in accordance with good engineering practices.
(2)
In case any condition is found which might result in danger to life or property, or if the equipment is unsightly or in need of maintenance and repair, the Village Building Inspector or Electrical Inspector is authorized to give written notice to the owner or user at their last known address, citing such condition and requiring corrective action within five days from the date of such notice.
(3)
If such conditions are not corrected within such time, the maintenance of any such unsafe or unsightly installation by the owner or user thereof shall be considered unlawful, and the owner or user shall be subject to the penalty hereinafter prescribed.
(4)
If, in the opinion of the Building Inspector or the Electrical Inspector, such condition is so dangerous to life and property that immediate removal is required, the Village Building Inspector or Electrical Inspector shall remove or cause to be removed the equipment without further notice to the owner or user thereof and at the owner's expense.
(5)
Any equipment regulated by this section that is not operated or used for a continuous twelve-month period shall be considered abandoned, and the owner of such abandoned equipment shall remove the same within 90 days thereafter or upon notice from the Building Inspector that the equipment is considered abandoned. Failure to remove the abandoned antenna within 30 days of notice shall be grounds to have the equipment removed at the owner's expense.
(6)
The cost of removing equipment under this subsection shall be chargeable to the owner of the property upon which it is located and shall be certified in the proper manner to have said costs levied as special charges against such property, and the proper officers of the Village are authorized and directed to enter such charges on the tax roll.
I.
Exempt facilities.
(1)
Amateur radio towers owned and operated by a federally licensed amateur radio operator and which meet the following conditions:
(2)
Publicly owned and operated telecommunications facilities require in the public interest to provide for and maintain a radio frequency telecommunications system, including digital analog, wireless or electromagnetic waves, for police, fire and other municipal services.
J.
Appeals.
(1)
(2)
Review by court of record. Any person or persons aggrieved by a decision of the Board of Appeals under this section may present to a court of record a verified petition specifying the contents of the decision appealed and the grounds upon which the decision is challenged, appealed or charged to be illegal. Such petition shall be presented to the court within 30 days after the filing of the decision by the Board of Appeals in the office of the Secretary.
(3)
Unless otherwise directed, no order, forfeiture, penalty or cost shall accrue or be enforced during the pendancy of an appeal.