(1)

Applicability. As identified in section 20.09(3) Table of Principal Uses, certain uses shall be subject to the particular use requirements in this section. The requirements for particular uses in this section are in addition to other regulations established elsewhere in this chapter. In any instance where these requirements conflict other regulations of the zoning code, the requirements of this section shall control.

(2)

Accessory dwelling units. Accessory dwelling units are subject to the following:

(a)

Number permitted. Not more than one accessory dwelling unit shall be permitted on a lot.

(b)

Minimum lot size. Accessory dwelling units shall be allowed only on a lot having at least 7,000 square feet.

(c)

Floor area requirements. Accessory dwelling units shall not exceed 800 square feet in floor area and shall have a minimum floor area of 250 square feet.

(d)

Residency required. The property owner of record must reside in either the primary dwelling unit or the accessory dwelling unit as their permanent and legal address. A restrictive agreement shall be recorded to this effect.

(e)

Parking. In addition to off-street parking spaces required for the primary dwelling unit, a minimum of one off-street parking space for an efficiency or one-bedroom accessory dwelling unit, or a minimum of two off-street parking spaces for a two or more-bedroom accessory dwelling unit, shall be provided.

(f)

Short-term rental restrictions.

1.

The accessory dwelling unit shall not be rented for periods of less than seven consecutive days.

2.

If the accessory dwelling unit is rented for periods of more than six but fewer than 29 consecutive days, the total number of days within any consecutive 365-day period that the dwelling may be rented shall not exceed 180 days. The maximum 180 days shall run consecutively within each 365-day period. The owner of the accessory dwelling unit shall notify the city clerk in writing when the first rental within a 365-day period begins.

3.

A restrictive agreement shall be recorded to this effect.

4.

If the property owner of record resides in the accessory dwelling unit, then these short-term rental restrictions shall apply to the primary dwelling unit.

(g)

Separate ownership/conveyance restricted. The accessory dwelling unit shall not be conveyed or separated in ownership from the primary dwelling unit.

(h)

Compliance with housing and building codes. The accessory dwelling unit shall comply with the Sturgeon Bay Housing Code (chapter 22 of the Municipal Code) and with all pertinent building codes.

(i)

Accessory dwelling units may be attached to or detached from the single-family residence.

(j)

Additional requirements for attached accessory dwelling units. Attached accessory dwelling units shall comply with the following:

1.

The accessory dwelling unit shall be clearly incidental to the principal dwelling unit and the building's exterior shall appear to be single-family.

2.

If the accessory dwelling unit is created from a portion of the principal dwelling unit, the floor area of the principal dwelling unit shall not be reduced below the minimum floor area required for the zoning district in which it is located.

3.

Location of entrances. Only one entrance may be located on the facade of the dwelling facing the street, unless the dwelling contained additional entrances before the accessory dwelling unit was created. An exception to this regulation is entrances that do not have access from the ground such as entrances from balconies or decks.

4.

Exterior stairs. Fire escapes or exterior stairs for access to an upper level accessory dwelling shall not be located on the front of the primary dwelling unit.

(k)

Additional requirements for detached accessory dwelling units. Detached accessory dwelling units shall comply with the following:

1.

The accessory dwelling unit shall be subject to the requirements of section 20.29 Accessory building height and area regulations, except the minimum side and rear yards shall be ten feet for accessory buildings constructed after April 1, 2019.

2.

The accessory dwelling unit shall comply with all building code regulation relating to dwellings.

(3)

Community living arrangements. Community living arrangements as regulated in § 62.23(7)(i), Wis. Stats., are permitted uses. In addition, the 2,500-foot distance described in § 62.23(7)(i)2r.a., Wis. Stats., shall not apply. All other community living arrangements require conditional use approval.

(4)

Manufactured home parks. Manufactured home parks are subject to the requirements of section 9.07 of the Municipal Code.

(5)

Multiple-family dwellings.

(a)

In the R-3 district, MF dwellings shall be limited to not more than four units per building.

(b)

In the R-4 district, projects with 24 or fewer units on a lot are permitted. Projects containing 25 or more units on a lot shall require conditional use approval.

(6)

Residential use in a mixed-use building/parcel.

(a)

In the C-1 districts, the residential portion of the mixed-use building shall not exceed 50 percent of the available floor area of the building.

(b)

In the C-2 district the residential portion shall not exceed 50 percent of the combined floor area of all principal buildings within the lot.

(7)

Single-family dwellings.

(a)

In the R-4 district, single-family dwellings proposed on lots that exceed 20,000 square feet of area shall require a conditional use approval.

(b)

In the C-5 district, single-family dwellings established within an existing building, including repairs/reconstruction of such dwellings and additions up to 50 percent of the original floor area are permitted. Newly constructed single-family dwellings and additions to existing dwellings that exceed 50 percent of the original floor area shall require conditional use approval.

(8)

Two-family dwellings.

(a)

In the R-2 district, two-family dwellings that specifically designated for such dwellings at the time of platting are permitted, subject to the following:

1.

The lot must be identified as intended for a two-family dwelling on the plat or certified survey map that created the lot.

2.

Such designation shall only be allowed if approved by the plan commission prior to the recording of the plat or certified survey map.

3.

The number of lots designated for two-family dwellings under this paragraph within any individual subdivision plat or certified survey map shall not exceed the greater of two lots or 25 percent of the total number of lots within the plat of certified survey map.

4.

These provisions apply to lots specifically designated for development of two-family dwellings. Other lots that meet the dimensional requirements for two-family dwellings may be developed as such provided a conditional use permit is approved by the plan commission.

(b)

In the R-4 district, two-family dwellings proposed on lots that exceed 20,000 square feet of area shall require a conditional use approval.

(c)

In the C-5 district, two-family dwellings established within an existing building, including repairs/reconstruction of such dwellings and additions up to 50 percent of the original floor area are permitted. Newly constructed two-family dwellings and additions to existing dwellings that exceed 50 percent of the original floor area shall require conditional use approval.

(9)

Customer service establishments. In the I-1/I-1A and I-2/I-2A districts, customer service establishments are limited to travel agencies, health clubs, and quick-printing/copy shops.

(10)

Home occupations.

(a)

Conditional use. Home occupations shall comply with the following restrictions and shall require conditional use approval, except for home occupations meeting the criteria of paragraph (b):

1.

The home occupation shall be conducted only by residents of the dwelling unit and shall be conducted entirely within the dwelling unit.

2.

There shall be no outdoor storage or display of equipment, materials, or articles offered for sale.

3.

There shall be no articles offered for sale on the premises except such as is directly produced by the home occupation.

4.

There shall be no mechanical equipment used other than such as is permissible for purely domestic purposes.

5.

There shall be no signage associated with the home occupation, except for one wall sign not to exceed four square feet and not illuminated.

6.

Home occupations relating to animal services shall not exceed the maximum number of dogs or cats determined under section 34.05 of the Municipal Code.

(b)

Permitted use. A home occupation which meets the criteria listed in paragraph (b) above and, in addition, contains no signage, has no retail sales, has no stock in trade kept or sold, and in which the clients do not generally visit the premises, shall be permitted and shall not require conditional use approval.

(11)

Professional offices. In the I-1/I-1A and I-2/I-2A districts, except for offices incidental to a principal use of the premises, professional offices shall have at least 10,000 square feet of floor area.

(12)

Retail establishments. In the I-1/I-1A and I-2/I-2A districts, retail establishments shall comply with the following requirements:

(a)

Building size. The retail establishment shall be located within a building that contains at least 4,000 square feet of floor area.

(b)

Location. The retail establishment shall be located within 600 feet of the right-of-way of State Highway 42/57.

(c)

Specific retail types allowed. The retail use shall be limited to appliance dealers, carpet and floor covering dealers, electrical showrooms and shops, furniture stores, lawn and garden equipment and supply stores, lighting showrooms and shops, lumber and building materials sales centers, paint stores, plumbing showrooms and shops, stationary and office equipment/supply stores, retail sales associated with not for profit vocational rehabilitation programs, boat sales/showrooms, and similar types of retail that support the building and manufacturing industries.

(13)

Tourist rooming houses. Tourist rooming houses are subject to the requirements of section 9.05 of the Municipal Code.

(14)

Travel trailer parks. Travel trailer parks are subject to the requirements of section 9.075 of the Municipal Code.

(15)

Business incubators. Business incubators shall be operated by the Door County Economic Development Corporation or other nonprofit organization approved by the City of Sturgeon Bay.

(16)

Manufacturing, production, processing, fabrication, packaging and assembly of goods.

(a)

In the C-1 and C-2 districts the manufacturing, production, processing, fabrication, packaging and assembly of goods shall be subject to the following requirements:

1.

Such uses shall be entirely contained inside the building used for such activity.

2.

There shall be no outside storage of any raw material, finished product, or waste material other than in a dumpster receptacle that is routinely used and regularly serviced in the normal course of business.

3.

There shall be no prolonged noise above 85 decibels at any point further than 100 feet from any part of the building or the lot line, whichever is closer.

4.

There shall be no release of smoke, fumes, or odors that may create a public or private nuisance, nor shall there be other activity conducted on the premises that may constitute a public or private nuisance.

5.

The use shall be specifically limited to the particular manufacturing and/or storage activity indicated in the conditional use application and may not be changed to a different activity.

6.

In the event that a particular activity, which received conditional use approval under this section, is discontinued for any reason, voluntary or involuntary, with no immediate intent to resume, the conditional use approval shall also be deemed automatically terminated with no further notice or hearing.

7.

In the event that there is an existing building with an existing fire protection system installed at the time of the approval of the conditional use, that fire protection system must remain intact and must be maintained in an operating condition at all times, unless a special exemption is approved by the fire chief.

8.

Additional conditions may be placed upon any conditional use approval in order for the proposed manufacturing use to not detract from the purposes of the C-1 and C-2 districts or the zoning code in general.

(b)

In the I-1/I-1A districts, all manufacturing, processing, assembly, and testing activities shall occur inside a building, except for the occasional assembly, testing or shipping of components too large to fit in buildings.

(17)

Outdoor storage. In the I-1/I-1A districts, outdoor storage shall not exceed 200 percent of the building footprints of the principal buildings on the site.

(18)

Warehousing or wholesale distribution. In the C-1 and C-2 districts, general warehousing or wholesale distribution shall be subject to the requirements of subsection (16)(a).

(19)

Farming. Buildings housing farm animals, barnyards, and feed lots shall be located at least 100 feet from a residential district and at least 100 feet from any waterway and located such that manure will not drain into any waterway.

(20)

Animal services use.

(a)

In the commercial and industrial zoning districts animal services is limited to indoor use only, with the exception that not more than two dogs may be outside at a time for training, exercise, or other activities. Animal services activity shall not cause a nuisance for surrounding properties.

(b)

In commercial districts solid fencing or screening shall be required for all outdoor areas located within 100 feet of a residential zoning district, if animals are to be let off leash.

(Ord. No. 1410-0422, § 4, 4-19-22; Ord. No. 1452-1124, §§ 3, 4, 11-5-24)

Editor's note— Ord. No. 1410-0422, § 4, adopted April 19, 2022, repealed § 20.10 and enacted a new § 20.10, as set out herein. The former section pertained to use regulations for the R-2 district and derived from Ord. No. 961-1195, § 3, adopted Nov. 7, 1995; Ord. No. 1128-0804, § 2, adopted Aug. 17, 2004; Ord. No. 1355-0219, § 2, adopted Feb. 19, 2019; and Ord. No. 1357-0419, § 1, adopted April 16, 2019.