The purpose of this chapter is to indicate which land uses may locate in each zoning district and under what requirements; and which land uses may not locate therein. A further distinction is made for land uses which may locate in a given district only upon obtaining a conditional or temporary use permit to do so. Finally, certain land uses may locate in a given district as a matter of right upon compliance with special regulations for such a land use.

(Prior code § 13-4-1)

A.

The land uses listed in Sections 17.16.030 (Table of Land Uses) and 17.16.040 (Table of Land Uses Permitted in Permanently Protected Green Space Areas) are specifically designated and refer to the detailed listing of land uses contained in Sections 17.16.060.

B.

Land Uses Permitted by Right. Land uses listed as permitted by right (designated as a "P" in Sections 17.16.030 and 17.16.040) are permitted per the general land use requirements of this title (Section 17.16.050), per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the official zoning map; per the general requirements of this title; and per any and all other applicable city, county, state, and federal regulations.

C.

Land Uses Permitted as a Special Use. This category of land uses is subject to certain additional controls than apply to land uses permitted by right, while avoiding the public hearing process required of land uses permitted as conditional uses.

1.

Land uses listed as permitted as a special use (designated as an "S" in Sections 17.16.030 and 17.16.040) are permitted subject to all of the general zoning requirements applicable to land uses permitted by right (subsection B of this section), plus certain additional requirements applicable to that particular land use specified in Section 17.16.060 through 17.16.160. (See also Section 17.44.040.)

2.

If a proposed land use, listed as a special use, cannot meet one of the special use requirements of Section 17.16.060 for reasons directly related to the nature of the subject property, the petitioner of such land use may request plan commission and city council review for approval as a conditional use, per the requirements of Section 17.44.050. No more than one special use requirement shall be waived in this manner for any given land use or property. See subsection (D)(2) of this section.

D.

Land Uses Permitted as a Conditional Use.

1.

Land uses listed as permitted as a conditional use (designated as a "C" in Sections 17.16.030 and 17.16.040) are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection B of this section, plus any additional requirements applicable to that particular land use as contained in Section 17.16.060 through 17.16.160, including any additional requirements imposed as part of the conditional use review process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. (See also Section 17.44.050.)

2.

Conditional use requirements also apply to proposed special uses when one of the special use requirements cannot be met. (See subsection (C)(2) of this section.) No more than one special use requirement shall be waived in this manner.

E.

Land uses listed as permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in subsection B of this section, plus any additional requirements applicable to that particular land use as contained in Sections 17.16.060 through 17.16.160.

F.

Land uses listed as permitted as a temporary use (designated as a "S" in Sections 17.16.030 and 17.16.040) are permitted subject to all the requirements applicable to uses permitted by special use as listed in subsection C of this section, plus any additional requirements applicable to that particular land use as contained in Sections 17.16.060 through 17.16.160. (See also Section 17.44.040.)

G.

Land uses for which a blank space is shown for a specific zoning district are not permitted in such zoning district, except as legal nonconforming uses. (See Section 17.16.170.)

H.

Although a land use may be indicated as permitted by right, permitted as a special use, or permitted as a conditional use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this title which are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted pursuant to Section 17.44.080.

(Prior code § 13-4-2)

This title regulates the location of land uses to specific zoning districts through the use of the Table of Land Uses contained in this section. This table presents a great deal of information in a compact format. The key presented below is intended to familiarize users of this title with this table.

KEY TO TABLE OF LAND USES
(Refer to Section 17.16.020 for instructions.)

Zoning District Listings: See Section 17.12.050 for descriptions.

LAND USE CATEGORIES and Specific Land Use Listings: Refer to Sections 17.16.060 through 17.16.160 for descriptions.

Letter codes mean the specified land use is:
P: Permitted by Right (Refer to Section 17.16.020(B))
S: Permitted as a Special Use (Refer to Section 17.16.020(C))
C: Permitted as a Conditional Use (Refer to Section 17.16.020(D))

ZONING DISTRICTS

P: Permitted by Right* (refer to Section 17.16.020(B))
S: Permitted as a Special Use (refer to Section 17.16.020(C))
C: Permitted as a Conditional Use (refer to Section 17.16.020(D))
*:  Permitted by Right if each lot is designated to contain a maximum of one residential building and if each residential building contains four or fewer dwelling units. Permitted as a Conditional Use (as a Group Development) if any lot is designed so that it could potentially contain more than one residential building and/or if any residential building contains five or more dwelling units. (See Section 17.16.180 regarding Group Developments.)

¹  Refer to Section 17.20.060(B)(5) for detailed application.

ZONING DISTRICTS

1: Permitted within a Conventional Development
2: Permitted within an Equestrian or Conventional Development
3: Permitted within a Loose Cluster Development
4: Permitted within a Moderate Cluster Development
5: Permitted within a Compact Cluster Development
6: Permitted within an Institutional Residential Development
7: Permitted within a Manufactured Home Res. Dev. or Park
8: Permitted within a Moderate or Compact Cluster Development

1—8 See Previous Page

9: Permitted as a Conditional Use per Section 17.24.030(M) and Section 17.16.020(D)
10: Permitted as a Conditional Use per Section 17.16.070(J)

²  Refer to Section 17.20.060(B)(4) for detailed application, and to Section 17.24.030 for detailed description of each dwelling unit type.

ZONING DISTRICTS

P: Permitted by Right (refer to Section 17.16.020(B))
S: Permitted as a Special Use (refer to Section 17.16.020(C))
C: Permitted as a Conditional Use (refer to Section 17.16.020(D))
7: A residential land use, refer to subsection 17.16.070(F)
8: A Conditional Use if using night lighting, otherwise a Special Use
9: A Conditional Use if a religious institution

³  Refer to Section 17.20.060(C) for detailed application.

ZONING DISTRICTS

P: Permitted by Right (refer to Section 17.16.020(B))
S: Permitted as a Special Use (refer to Section 17.16.020(C))
C: Permitted as a Conditional Use (refer to Section 17.16.020(D))

³  Refer to Section 17.20.060(C) for detailed application.

ZONING DISTRICTS

P: Permitted by Right (refer to Section 17.16.020(B))
S: Permitted as a Special Use (refer to Section 17.16.020(C))
C: Permitted as a Conditional Use (refer to Section 17.16.020(D))
³  Refer to Section 17.20.060(C) for detailed application.

ZONING DISTRICTS

P: Permitted by Right (refer to Section 17.16.020(B))
S: Permitted as a Special Use (refer to Section 17.16.020(C))
C: Permitted as a Conditional Use (refer to Section 17.16.020(D))
8: A Conditional Use if using night lighting, otherwise a Special Use
9: Reserved

⁴ Refer to Section 17.16.020(E) for detailed application.

ZONING DISTRICTS

P: Permitted by Right (refer to Section 17.16.020(B))
S: Permitted as a Special Use (refer to Section 17.16.020(C))
C: Permitted as a Conditional Use (refer to Section 17.16.020(D))

(Ord. No. 945, § 2, 2-20-2024; Ord. No. 896, § 1, 7-19-2022; Ord. No. 879, § 1, 2-15-2022; Ord. No. 870, § 1, 11-16-2021; Ord. No. 842, § 2, 2-16-2021Ord. No. 698, § 1, 9-19-2017; Ord. 651, § 1, 7-19-2016; Ord. 615, § 2, 10-6-2015; Ord. 470, § 2, 7-19-2011; Ord. 466, § 1, 7-19-2011; Ord. 457, § 1, 2-8-2011; Ord. 385, § 1, 11-18-2008; Ord. 325, § 1, 8-21-2007; Ord. 276, § 1, 10-3-2006; Ord. 217, § 2, 10-4-2005; Ord. 163, § 2, 11-2-2004; Ord. 154, § 4, 8-3-2004; Ord. 2002-44, § 1, 2002; Ord. 2001-19, § 1, 2001; Ord. 2001-8, § 1, 2001; Ord. 541 (part), 2000; Ord. 539 (part), 2000; Ord. 434 (part), 1998; prior code § 13-4-3)

In all developments, certain areas may be required to be set aside as permanently protected green space for the purpose of natural resources protection, to meet a minimum green space ratio (GSR) requirement, or to meet a minimum landscape surface ratio (LSR) requirement (see Chapter 17.20, density and intensity regulations and Chapter 17.28, natural resource protection regulations). Where such permanently protected green space is required, and where the land use is also permitted per the land use regulations of the applicable conventional zoning district (see Section 17.16.030, Table of Land Uses), the following table shall also be employed to establish land use regulations. All land uses listed in Section 17.16.030 but not listed in this section are prohibited in permanently protected green spaces.

Type of Permanently Protected Green Space

S: Permitted as a Special Use in this particular type of permanently protected green space; however, restrictions of the particular zoning district shall also apply. (See Sections 17.16.020(C), 17.16.030 and 17.16.160.)

C: Permitted as a Conditional Use in this particular type of permanently protected green space; however, restrictions of the particular zoning district, as well as the natural resource, shall also apply. (See Sections 17.16.020(D), 17.16.030 and 17.16.160.)

(Prior code § 13-4-4)

All uses of land initiated within the jurisdiction of this title on, or following, the effective date of this title shall comply with all of the provisions of this title. Specifically:

A.

Land Use Regulations and Requirements. All uses of land shall comply with all the regulations and requirements of Chapter 17.16, pertaining to the types of uses to which land may be put, and to various requirements which must be met for certain types of land uses within particular zoning districts. Such regulations and requirements address both general and specific regulations which land uses shall adhere to; and which are directly related to the protection of the health, safety and general welfare of the residents of the city and its environs.

B.

Density and Intensity Regulations and Requirements. All development of land shall comply with all the regulations and requirements of Chapter 17.20, pertaining to the maximum permitted density (for residential land uses) and intensity (for nonresidential land uses) of land uses. Such regulations and requirements address issues such as floor area ratios (FARs), green space ratios (GSRs), and landscape surface ratios (LSRs); which are directly related to, and are a critical component of, density or intensity and the protection of the health, safety, and general welfare of the residents of the city and its environs.

C.

Bulk Regulations and Requirements. All development of land shall comply with all the regulations and requirements of Chapter 17.24, pertaining to the maximum permitted bulk of structures and the location of structures on a lot. Such regulations and requirements address issues such as height, setbacks from property lines and rights-of-way, and minimum separation between structures; which are directly related to, and a critical component of, the effective bulk of a structure and the protection of the health, safety, and general welfare of the residents of the city and its environs.

D.

Natural Resources and Green Space Regulations and Requirements. All land use and/or development of land shall comply with all the regulations and requirements of Chapter 17.28, pertaining to the protection of sensitive natural resources and required green space areas. Such regulations and requirements address issues such as absolute protection, partial protection, and mitigation; which are directly related to, and a critical component of, the protection of natural resources and the protection of the health, safety, and general welfare of the residents of the city and its environs.

E.

Landscaping and Bufferyards Regulations and Requirements. All development of land shall comply with all the regulations and requirements of Chapter 17.32, pertaining to the provision of landscaping and bufferyards. Such regulations and requirements address issues such as minimum required landscaping of developed land, and minimum required provision of bufferyards between adjoining zoning districts and/or development options; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the city and its environs.

F.

Performance, Standards and Requirements. All development of land shall comply with all the regulations and requirements of Chapter 17.36, pertaining to the provision of appropriate access, parking, loading, storage, and lighting facilities. Such regulations and requirements address issues such as maximum permitted access points, minimum required parking spaces, the screening of storage areas, and maximum permitted intensity of lighting, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare and smoke; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the city and its environs.

G.

Signage Regulations and Requirements. All land use and/or development of land shall comply with all the regulations and requirements of Chapter 17.40, pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the city and its environs.

H.

Procedural Regulations and Requirements. All land use and/or development of land shall comply with all the regulations and requirements of Chapter 17.44, pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements; and are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the city and its environs.

I.

Number of Buildings Per Lot. In the RH-35ac, CR-5ac, ER-1, and SR-4 districts, only one principal building shall be permitted on any one lot. In the MR-8, UR-12, SO, NC, SC, UC, CC, SI, UI, and HI districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a group development in compliance with Section 17.16.180.

J.

Number of Land Uses Per Building.

1.

No more than three nonresidential land uses shall be permitted in any building unless a conditional use permit for a group development is granted in compliance with Section 17.16.180.

2.

With the exceptions of a commercial apartment or a home occupation, no building containing a nonresidential land use shall contain a residential land use. (See Sections 17.16.140(1) and (19).)

K.

Division or Combining of a Lot. No recorded lot shall be divided into two or more lots, and no two or more recorded lots shall be combined into one or more lots, unless such division or combination results in the creation of lots, each of which conforms to all of the applicable regulations of the zoning district in which such lot is located (as set forth in this title). (See also Title 16, land division regulations.) (Prior code § 13-4-5)

The land use categories employed by this title (particularly Sections 17.16.030 and 17.16.040) are defined in this title. Land uses which are not listed in this title are not necessarily excluded from locating within any given zoning district. Section 17.48.020 empowers the zoning administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this title. (Prior code § 13-4-6 (part))

Specific residential unit types (such as a single-family detached house on a forty thousand (40,000) square foot lot, a duplex, twin house, atrium house, weak-link townhouse, multiplex, or apartment, etc.) are defined in Section 17.24.030 which provides standards for each residential unit type.

A.

Conventional Residential Development. Description. This land use includes, but is not limited to, all residential developments which do not provide permanently protected green space areas. Property which is under common ownership of a property owners' association is permitted, but is not a required component of this type of development. Up to ten percent (10%) of a conventional residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See subsection I of this section.)

1.

Permitted by right (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12);

2.

Special use regulations: Not applicable;

3.

Conditional use regulations: Not applicable.

B.

Equestrian Residential Development. Description: This land use is a form of loose cluster residential development, subsection C of this section, which permits the keeping of horses on private lots or on common green space. A minimum of fifteen percent (15%) of the development's gross site area (GSA) shall be held under common ownership by a homeowners' association. This commonly-held area shall be used to provide equestrian facilities which are available to all residents of the development. These facilities may include common pasture area, group stables, riding trails, training areas, or other land uses typically associated with equestrian activities (including kennel facilities for private, noncommercial hunt club operations). With the exception of riding trails, (which may be linked to a general trail network extending beyond the area of the equestrian development) such areas shall only be used by the residents of the equestrian residential development and their guests, and no facilities within an equestrian development shall be operated as a for-profit commercial venture. Up to twenty-five percent (25%) of an equestrian residential development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space area (per Section 17.28.110), without a reduction in maximum gross density (MGD). (See subsection I of this section.)

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (CR-5ac):

a.

A minimum of fifteen percent (15%) of the gross site area (GSA) of the development shall be held in common ownership by a homeowner's association and shall be devoted to equestrian facilities.

b.

Each lot shall have direct access to an equestrian trail maintained by a homeowner's association.

c.

Any stable facility shall be reserved for the exclusive use of the development's residents. No stable located within an equestrian residential development shall be operated as a for-profit commercial venture.

d.

All stables located on individual lots shall conform to the standards of Section 17.16.140(7).

e.

All stables serving the equestrian residential development as a whole shall conform to the standards of Section 17.16.100(J).

f.

Shall provide appropriate deed restrictions and performance bonds to ensure the long-term maintenance and viability of common areas and the development as a whole.

g.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

C.

Loose Cluster Development. Description: This land use is a residential subdivision which requires that a minimum of fifteen percent (15%) of the development's gross site area (GSA) be protected as permanently protected green space (per Section 17.28.110). This form of development permits slightly higher maximum gross densities (MGDs), and dwelling unit types which require slightly smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to twenty-five percent (25%) of a loose cluster development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space area), without a reduction in maximum gross density (MGD). (See subsection I of this section.)

1.

Permitted by right: Not applicable;

2.

Special use regulations: Not applicable;

3.

Conditional use regulations (CR-5ac, ER-1, SR-4, MR-8, UR-12):

a.

Development clusters shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible,

b.

If such adjacent areas are developed as a conventional residential development, bufferyards shall be provided within adjoining portions of the loose cluster residential development (See Section 17.32.090),

c.

Shall provide appropriate deed restrictions and performance bonds to ensure the long-term maintenance and viability of common areas and the development as a whole,

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

D.

Moderate Cluster Development. Description: This land use is a residential subdivision which requires that a minimum of thirty percent (30%) of the development's gross site area (GSA) be protected as permanently protected green space (per Section 17.28.110). This form of development permits higher maximum gross densities (MGDs), and dwelling unit types which require smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to fifty percent (50%) of a moderate cluster development's gross site area (GSA) can contain natural resource areas which must be protected, (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See subsection I of this section.)

1.

Permitted by right: Not applicable;

2.

Special use regulations: Not applicable;

3.

Conditional use regulations (CR-5ac, ER-1, SR-4, MR-8, UR-12):

a.

Development clusters shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible,

b.

If such adjacent areas are developed as a conventional or loose cluster residential development, bufferyards shall be provided within adjoining portions of the moderate cluster residential development (See Section 17.32.090),

c.

Shall provide appropriate deed restrictions and performance bonds to ensure the long-term maintenance and viability of common areas and the development as a whole,

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses;

E.

Compact Cluster Development. Description: This land use is a residential subdivision which requires that a minimum of fifty percent (50%) of the development's gross site area (GSA) be protected as permanently protected green space (per Section 17.28.110). This form of development permits substantially higher maximum gross densities (MGDs), and dwelling unit types which require substantially smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to seventy percent (70%) of a compact cluster development's gross site area (GSA) can contain natural resource areas which must be protected, (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See subsection I of this section.)

1.

Permitted by right: Not applicable;

2.

Special use regulations: Not applicable;

3.

Conditional use regulations (CR-5ac, ER-1, SR-4, MR-8, UR-12):

a.

Development clusters shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible,

b.

If such adjacent areas are developed as a conventional, loose cluster, or moderate cluster residential development, bufferyards shall be provided within adjoining portions of the compact cluster residential development (See Section 17.32.090),

c.

Shall provide appropriate deed restrictions and performance bonds to ensure the long-term maintenance and viability of common areas and the development as a whole,

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

F.

Institutional Residential Development. Description: This land use is a form of moderate cluster residential development designed to accommodate institutional residential land uses. No individual lots are required, although the development shall contain a minimum of eight hundred (800) square feet of gross site area for each occupant of the development. A minimum of thirty percent (30%) of the development's gross site area (GSA) shall be held as permanently protected green space.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (UR-12, SO):

a.

The proposed site shall be located so as to avoid disruption of an established or developing office area. Within the suburban office (SO) district, institutional residential developments shall be designed so as to maintain the character of the adjacent properties.

b.

Shall be located with primary vehicular access on a collector or arterial street.

c.

No access shall be permitted to a local residential street.

d.

Shall provide off-street passenger loading area at a minimum of one location within the development.

e.

All structures shall be located a minimum of fifty (50) feet from any residentially zoned property which does not contain an institutional residential land use. This setback may be reduced to thirty (30) feet if a bufferyard of 0.50 opacity is provided between the building and the residentially zoned property, and if the city council, upon recommendation from the plan commission, determines that the scale and architectural details of the proposed building or building addition provide an attractive and compatible appearance from the surrounding residential properties.

f.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

G.

Manufactured Home Residential Development. Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold lots or building envelopes containing manufactured home units. Each of the lots and manufactured home units must meet the requirements for manufactured homes listed in Section 17.24.030(T) of this title. Under this development option, approximately ten percent (10%) of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See subsection I of this section.)

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (MR-8):

a.

Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

b.

Manufactured home residential developments shall comply with the same landscaping and bufferyard requirements as apartments and compact cluster developments, as specified in Chapter 17.32. of this title.

c.

No access shall be permitted to local residential streets.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

H.

Manufactured Home Park Residential Development. Description: This land use is a form of conventional residential development which is exclusively reserved for individually sold or rented air right pads containing manufactured home units. Each of the manufactured home units must meet the requirements for manufactured homes listed in Section 17.24.030(T) of this title. Under this development option, approximately ten percent (10%) of a development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See subsection I of this section.)

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (MR-8):

a.

Development shall be located so as to blend with adjacent residentially zoned areas to the greatest extent possible.

b.

Manufactured home park residential developments shall comply with the same landscaping and bufferyard requirements as apartments and compact cluster developments, as specified in Chapter 17.32 of this title.

c.

No access shall be permitted to local residential streets.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

I.

Note Regarding Percentage of Green Space and Maximum Density Yield. This estimate is provided as a general rule of thumb for the convenience of the users of this title. Such a yield is not to be considered as ensured by the provisions of this title.

J.

Downtown Residential. Description: Residential buildings that are located within the Business District Revitalization Overlay (BDO) district. Downtown residential uses are characterized by shallow setbacks, a pedestrian entrance(s) facing one or more public streets, high-quality building materials, and architectural detailing and site planning that provides a sense of pedestrian scale consistent with the urban setting found elsewhere in the downtown area. This land use may consist of apartment style buildings with dwelling units sharing a common entrance, row house or town house style buildings where dwellings have individual entrances, or a combination of each, and can include rental apartments or owner-occupied condominiums. Single-family and duplex/twin home dwellings are also permitted under this land use category on a limited basis where deemed appropriate. Downtown residential shall not be permitted along the Main Street business corridor or in other areas specifically identified as being exclusively commercial or mixed-use sites in the adopted plan for the downtown area (please note that upper floor dwelling units, or commercial apartments, are permitted in these areas as a conditional use under Section 17.16.140(1)).

1.

Permitted by Right: Not applicable.

2.

Special Use Regulations: Not applicable.

3.

Conditional Use Regulations (CC):

a.

A minimum of one parking space shall be provided for each bedroom within the building, not including on-street parking or parking spaces located in nearby municipal parking lots.

b.

Required setbacks and other dimensional requirements shall follow the bulk standards for non-residential buildings within the Central Commercial (CC) district contained in Section 17.24.040 to ensure that new buildings fit within the urban environment already established in the downtown area. Minimum setback requirements from adjacent residential uses contained in Section 17.24.040 shall not apply when downtown residential uses are proposed on sites adjacent to other downtown residential uses approved under this section, residential uses approved as part of a planned development district, or commercial apartments approved under Section 17.16.140(1).

c.

Such uses shall not be permitted on any property fronting on Main Street within the traditional Main Street business district (between Vine Street and South Street), or on any site within the BDO that is identified exclusively as a site for commercial or mixed-use development in the adopted plan for the district. An exception may be granted to allow the continued use or rehabilitation of a historic or "traditional" residence located along Main Street, provided that any proposed alterations are determined to be sympathetic to the original design and character of the building. Such exception shall apply only to those structures that were originally designed and occupied as residential homes, and shall not be used to allow the conversion of a traditional store front to residential use.

d.

Building materials shall consist of high-quality masonry, stone, or decorative concrete masonry units, fiber-cement based siding, or other high quality materials as determined to be acceptable through the conditional use permit review. Vinyl siding shall not be an acceptable siding material for downtown residential uses.

e.

Building styles and architectural details shall be consistent with or relate to historic patterns found elsewhere in the CC district. Replicating historic structures and styles shall not be required, but an applicant shall demonstrate how a proposed building relates to historic patterns found in the downtown.

f.

At least one pedestrian entrance facing a public street shall be provided. Said entrance shall be designed such that it is easily identified and emphasized through the use of architectural details or treatments. Single-family dwellings, duplex/twin home dwellings, and row house and town house building styles shall include covered front porches or stoops. Steps located along any street right-of-way must be set back at least two feet from the public sidewalk for safety reasons.

g.

Parking shall be located underground or at the rear of the property to the extent possible. A limited amount of parking may be located along the street on a corner lot, or between the building and the street, provided other viable alternatives are not available and a hedge, decorative masonry wall, or some combination of decorative wall and landscaping is provided to help screen the parking lot. In the case of town house, row house, duplex/twin home, or single-family dwellings, garages shall not be front-loaded along a public street, but rather shall be accessed through rear lanes or alleys.

h.

Landscaping shall be provided at a minimum ratio of four plant units per acre of building footprint area and two plant units per ten thousand (10,000) square feet of paved area, with an emphasis on foundation plantings and the screening of surface parking lots. A shallow front yard setback is encouraged to provide space for landscape materials, or recesses in the front plane of the building to provide planting areas. A minimum of fifty percent (50%) of any street-side facade shall be lined with foundation planting areas.

i.

Building plans and site plans submitted with and approved as part of the conditional use permit shall be binding upon and shall restrict the use and development of the property in question from that point forward. Amendments to such building plans, site plans and architectural details shall require an amendment to the approved conditional use permit.

j.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

(Ord. 298, § 1, 2-6-2007; Ord. 217, § 1, 10-4-2005; Ord. 557, 2000; prior code § 13-4-6(a))

A.

Cultivation. Description: Cultivation land uses include all operations primarily oriented to the on-site, outdoor raising of plants. This land use includes trees which are raised as a crop to be replaced with more trees after harvesting, such as in nursery or Christmas tree operations. The raising of plants for consumption by farm animals is considered cultivation if such plants are consumed by animals which are located off-site.

1.

Permitted by right: Not applicable.

2.

Special use regulations (All districts):

a.

On buildable lots, cultivation areas shall not exceed twenty percent (20%) of the lot's area.

b.

Cultivation areas shall not be located within the required front yard or street yard of any buildable or developed lot.

c.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

B.

Husbandry. Description: Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in Section 17.08.040) per acre. The limited keeping of chickens and apiaries are regulated under 17.16.140 Accessory Uses. Animal Breeding Facilities are regulated under 17.16.080 H.

1.

Permitted by right: Not applicable.

2.

Special use regulations (RH-35ac):

a.

Any building housing animals shall be located a minimum of three hundred (300) feet from any residentially zoned property, and one hundred (100) feet from all other lot lines.

b.

All outdoor animal containments (such as a pasture) shall be located a minimum of ten (10) feet from any residentially zoned property.

c.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

C.

Intensive Agriculture. Description: Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in Section 17.08.040) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac):

a.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

b.

Shall be completely surrounded by a bufferyard with a minimum intensity of one. (See Section 17.32.090(D)(2).)

c.

All buildings, structures, outdoor storage areas, and outdoor animal containments shall be located a minimum of three hundred (300) feet from all residentially zoned property and one hundred (100) feet from all other lot lines.

d.

Shall be located in an area which is planned to remain commercially viable for agricultural land uses.

e.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

D.

Agricultural Service. Description. Agricultural to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities (except commercial composting uses, see Section 17.16.110(F)).

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac, HI):

a.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

b.

All buildings, structures, outdoor storage areas, and outdoor animal containments shall be located a minimum of one hundred (100) feet from all lot lines.

c.

Shall be located in an area which is planned to remain commercially viable for agricultural land uses.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

E.

On-Site Agricultural Retail. Description: On-site agricultural retail land uses include land uses solely associated with the sale of agricultural products grown exclusively on the site. The sale of products grown or otherwise produced off-site shall not be permitted within on-site agricultural retail operations and such activity constitutes retail sales as a commercial land use. Packaging and equipment used to store, display, package or carry products for the convenience of the operation or its customers (such as egg cartons, baskets, containers, and bags) shall be produced off-site.

1.

Permitted by right: Not applicable.

2.

Special use regulations (RH-35ac):

a.

No structure or group of structures shall exceed five hundred (500) square feet in floor area.

b.

No structure shall exceed twelve (12) feet in height.

c.

All structures shall meet all required setbacks for nonresidential land uses. (See Section 17.24.040.)

d.

Signage shall be limited to one on-site sign which shall not exceed thirty (30) square feet in area.

e.

Such land use shall be served by no more than one driveway. Such driveway shall require a valid driveway permit.

f.

A minimum of one parking space shall be required for every two hundred (200) square feet of product display area.

g.

The sale of products which are grown or otherwise produced on nonadjacent property under the same ownership, or on property under different ownership, shall be prohibited.

h.

Such structure and fencing shall be located a minimum of three hundred (300) feet from any residentially zoned property.

i.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

F.

Tree Removal (thirty percent (30%) or less). Description: Tree removal (thirty percent (30%) or less) land uses include any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to thirty percent (30%) of the woodlands on the property. Tree removal (thirty percent (30%) or less) activity shall be limited to areas located within development pads, which are designated on recorded plats or certified survey maps (see Section 17.28.120 (B)(4)). The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered tree removal (more than thirty percent (30%)) (see subsection G of this section).

1.

Permitted by right (all districts).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations: Not applicable.

G.

Tree Removal (more than thirty percent (30%)). Description: Tree removal (more than thirty percent (30%)) land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than thirty percent (30%) of the woodlands on a property. Tree removal (more than thirty percent (30%)) is permitted only as a conditional use within the jurisdiction of this title. Areas which have had more than thirty percent (30%) of the trees removed as a result of intentional action following the effective date of this title without the granting of a conditional use permit are in violation of this title and the property owner shall be fined for such violation (in accordance with the provisions of Section 17.48.060) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his or her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have had more than thirty percent (30%) of the trees removed unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this title, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements. (See Section 17.28.070.)

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (all districts):

a.

Applicant shall demonstrate that tree removal (more than thirty percent (30%)) will improve the level of environmental protection on the subject property.

b.

Areas of the subject property, where trees are removed beyond the limitations established above, shall be replanted per the requirements of Section 17.32.080. (Referenced section requires the replanting of trees in other portions of the subject property—thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)

c.

Tree removal (more than thirty percent (30%)) shall not be permitted within a required bufferyard or landscaped area (see Chapter 17.28), or within an area designated as permanently protected green space (see Chapter 17.28).

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

H.

Commercial Animal Breeding. Includes all indoor and outdoor operations and facilities primarily oriented to the on-site breeding and raising of animals other than those described as a type of livestock within the definition of one animal unit (as defined in Section 17.08.040). Commercial animal breeding facilities do not include private residential kennels as defined in Section 17.16.140 (6)

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac):

a.

Shall not be located in, or adjacent to, an existing or platted residential subdivision.

b.

Shall be completely surrounded by a bufferyard with a minimum intensity of one. (See Section 17.32.090(D)(2).)

c.

A maximum of two breeding pairs is allowed per site.

d.

All buildings, structures, outdoor storage areas, and outdoor animal containments shall be located a minimum of three hundred (300) feet from all residentially zoned property and one hundred (100) feet from all other lot lines.

e.

Shall be located in an area which is planned to remain commercially viable for agricultural land uses.

f.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

(Ord. No. 842, § 3, 2-26-2021; Ord. No. 698, § 2, 9-19-2017; Ord. 615, § 3, 10-6-2015; Ord. 276, § 1, 10-3-2006; prior code § 13-4-6(b))

A.

Passive Outdoor Public Recreational. Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular active recreational land use (see subsection B of this section), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses.

1.

Permitted by right (all districts).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations: Not applicable.

B.

Active Outdoor Public Recreational. Description: Active outdoor public recreational land uses include all recreational land uses located on public property which involve active recreational activities. Such land uses include playcourts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), tot lots, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses and similar land uses.

1.

Permitted by right: Not applicable.

2.

Special use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12, SO, NC, SC, UC, CC, SI):

a.

Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of six-tenths (see Section 17.32.090(D)(2)). Such bufferyard shall be located at the property line adjacent to such residentially zoned property.

b.

All structures and active recreational areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

c.

Facilities which serve a regional or community-wide function shall be located with primary vehicular access on a collector or arterial street.

d.

Facilities which serve a regional or community-wide function shall provide off-street passenger loading area if the majority of the users will be children.

e.

Mobile Food Vending shall be a permitted accessory use associated with Active Outdoor Public Recreational uses, provided all licensing and permitting requirements of Title 5 are met and authorization is provided by the Director of Parks, Recreation and Forestry.

f.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

C.

Indoor Institutional. Description: Indoor institutional land uses include all indoor public and not for profit recreational facilities (such as gymnasiums, swimming pools, libraries, museums, and community centers), public and private schools, religious institutions, funeral homes, nonprofit civic organizations, nonprofit fraternal organizations, convention centers, and similar land uses.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12, SO, NC, SC, UC, CC, UI (see subsection f.), SI):

a.

Shall provide off-street passenger loading area if the majority of the users will be children (as in the case of a school, library, or similar land use).

b.

For religious institutions and schools, the maximum number of floors and maximum floor area ratio may be allowed to exceed the standards contained in Section 17.20.050 provided it is determined that the resulting development is compatible with its surroundings and is in the best interest of the community.

c.

Where an indoor institutional use shares parking and stormwater facilities with an adjacent use on an adjacent lot, the maximum floor area ratio and minimum landscape surface ratio standards in Section 17.20.050 may be adjusted provided it is determined that the resulting development is compatible with its surroundings and is in the best interest of the community.

d.

The front or street yard setback may be reduced to twenty (20) feet provided parking is not allowed in the setback area and it is determined that the resulting development is compatible with its surroundings and is in the best interest of the city.

e.

The front or street yard setback shall not be reduced for street-facing garages.

f.

Only religious institutions may be allowed in the Urban Industrial (UI) zone with a conditional use permit and shall comply with subsection (3)(a) thru (e) of this section.

g.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

D.

Outdoor Institutional. Description: Outdoor institutional land uses include public and private cemeteries, privately held permanently protected green space areas, country clubs, nonpublic golf courses, and similar land uses.

1.

Permitted by right: Not applicable.

2.

Special use regulations (SO, NC, SC, UC, CC, SI):

a.

Shall be located with primary vehicular access on a collector or arterial street.

b.

Shall provide off-street passenger loading area if a significant proportion of the users will be children.

c.

All structures and actively used outdoor recreational areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

d.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

e.

Facilities using night lighting of activity areas shall be a conditional use and shall comply with all the requirements of both subsections (D)(2) and (3) of this section. Furthermore, facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of six-tenths (see Section 17.32.090(D)(2)). Such bufferyard shall be located at the property line adjacent to such residentially zoned property.

3.

Conditional use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12):

a.

All structures and actively used outdoor areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

b.

Shall meet all regulations for special uses listed in subsection (D)(2) of this section.

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

E.

Public Service and Utilities. Description: Public service and utilities land uses include all city, county, state and federal facilities (except those otherwise treated in this section), emergency service facilities such as fire departments and rescue operations, wastewater treatment plants, public and/or private utility substations, water towers, utility and public service related distribution facilities, and similar land uses.

1.

Permitted by right: Not applicable.

2.

Special use regulations (all districts):

a.

Outdoor storage areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

b.

All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of one (see Section 17.32.090(D)(2)). Such bufferyard shall be located at the property line adjacent to such residentially zoned property.

c.

All structures shall be located a minimum of ten (10) feet from any residentially zoned property.

d.

The exterior of all buildings shall be compatible with the exteriors of surrounding buildings.

e.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

F.

Institutional Residential. Description: Institutional residential land uses include group homes, convents, monasteries, nursing homes, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be community living arrangements under the provisions of Section 62.23(7)(i), Wisconsin Statutes.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (UR-12, SO): See listing for institutional residential under residential uses, subsection F of Section 17.16.070.

G.

Community Living Arrangement (one to eight residents). Description: Community living arrangement land uses include all facilities provided for in Section 46.03(22), Wisconsin Statutes, including child welfare agencies, group homes for children, and community based residential facilities. Community living arrangements do not include day care centers (see separate listing); nursing homes (an institutional residential land use); general hospitals, special hospitals, prisons, or jails (all indoor institutional land uses). Community living arrangement facilities are regulated depending upon their capacity as provided for in Section 62.23(7)(i), Wisconsin Statutes.

1.

Permitted by right: Not applicable.

2.

Special use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12):

a.

No community living arrangement shall be established within two thousand five hundred (2,500) feet of any other such facility regardless of its capacity.

b.

The total capacity of all community living arrangements (of all capacities) in the city shall not exceed one percent (1%) of the city's population (unless specifically authorized by the common council following a public hearing).

c.

Foster homes housing four or fewer children and licensed under Wisconsin Statutes 48.62 shall not be subject to subsection G.2.i. of this section; and shall not be subject to, or count toward, the total arrived at in subsection G.2.ii. of this section.

d.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

H.

Community Living Arrangement (nine to fifteen (15) residents). Description: See subsection G of this section.

1.

Permitted by right: Not applicable.

2.

Special use regulations (MR-8, UR-12):

a.

No community living arrangement shall be established within two thousand five hundred (2,500) feet of any other such facility, regardless of capacity.

b.

The total capacity of all community living arrangements (of all capacities) in the city shall not exceed one percent (1%) of the city's population (unless specifically authorized by the common council following a public hearing).

c.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations (CR-5ac, ER-1, SR-4, SO):

a.

Shall meet all regulations for special uses in subsection (H)(2) of this section.

b.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

I.

Community Living Arrangement (sixteen (16) plus residents). Description: See subsection (G) of this section.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (UR-12, SO):

a.

No community living arrangement shall be established within two thousand five hundred (2,500) feet of any other such facility, regardless of capacity.

b.

The total capacity of all community living arrangements (of all capacities) in the city shall not exceed one percent (1%) of the city's population (unless specifically authorized by the common council following a public hearing).

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

J.

Grid-connected solar energy system. Description: A solar photovoltaic system that is connected to an electric circuit served by a utility company.

1.

Permitted by right: (RH-35ac, HI).

2.

Special use regulations: (CR-5ac, UI, SI, SO, SC).

a.

All structures shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

b.

All structures shall be located a minimum of ten (10) feet from any residentially zoned property.

c.

For the first fifteen (15) feet of height, a bufferyard with a minimum opacity of three-tenths shall be installed along all borders of the property abutting a residentially zoned property. Every additional ten (10) feet of height shall add one-tenth opacity.

d.

A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) shall be recorded with the Register of Deeds. The decommissioning plan shall address he following:

i.

Defined conditions upon which decommissioning will be initiated.

ii.

Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.

iii.

Restoration of property to condition prior to development of the solar energy system.

iv.

Timeframe for completion of decommissioning activities, not to exceed twelve (12) months.

v.

Description and copy of any lease or any other agreement with landowner regarding decommissioning.

vi.

Name and address of person or party responsible for decommissioning.

vii.

Plans and schedule for updating this decommission plan.

e.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations (UC, NC, UR-12, MR-8, SR-4):

a.

For the first 15-feet of height, a bufferyard with a minimum opacity of four-tenths shall be installed along all borders of the property abutting a residentially zoned property. Every additional 10-feet of height shall add one-tenth opacity.

b.

Shall meet all regulations for special uses in subsection (J) (2) of this section.

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

K.

Community-scale solar energy system. Description: A solar photovoltaic system providing electric demands off-site from the facility to customers for sale or lease. Also referred to as shared solar or solar gardens. May be managed and operated both publicly and privately.

1.

Permitted by right: (RH-35ac, HI).

2.

Special use regulations: (CR-5ac, UI, SI, SO, SC).

a.

All structures shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

b.

Shall be located with primary vehicular access on a collector or arterial street.

c.

All structures shall be located a minimum of ten (10) feet from any residentially zoned property.

d.

For the first fifteen (15) feet of height, a bufferyard with a minimum opacity of three-tenths shall be installed along all borders of the property abutting a residentially zoned property. Every additional ten (10) feet of height shall add one-tenth opacity.

e.

A decommissioning plan signed by the party responsible for decommissioning and the landowner (if different) shall be recorded with the Register of Deeds. The decommissioning plan shall address he following:

i.

Defined conditions upon which decommissioning will be initiated.

ii.

Removal of all non-utility owned equipment, conduit, structures, fencing, roads, and foundations.

iii.

Restoration of property to condition prior to development of the solar energy system.

iv.

Timeframe for completion of decommissioning activities, not to exceed twelve (12) months.

v.

Description and copy of any lease or any other agreement with landowner regarding decommissioning.

vi.

Name and address of person or party responsible for decommissioning.

vii.

Plans and schedule for updating this decommission plan.

f.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations (UC, NC, UR-12, MR-8, SR-4):

a.

For the first fifteen (15) feet of height, a bufferyard with a minimum opacity of four-tenths shall be installed along all borders of the property abutting a residentially zoned property. Every additional ten (10) feet of height shall add one-tenth opacity.

b.

Shall meet all regulations for special uses in subsection (K) (2) of this section.

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

(Ord. No. 945, § 3, 2-20-2024; Ord. No. 886, § 1, 4-19-2022; Ord. 466, § 2, 7-19-2011; Ord. 340, § 1, 11-6-2007; Ord. 564, 2001; prior code § 13-4-6(c))

A.

Office. Description: Office land uses include all exclusively indoor land uses whose primary functions are the handling of information or administrative services. Such land uses do not typically provide services directly to customers on a walk-in or on-appointment basis.

1.

Permitted by right (SO, NC, SC, UC, CC, SI, UI, HI).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations: Not applicable.

B.

Personal or Professional Service. Description: Personal Service and professional service land uses include all exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such land uses include professional services, insurance services, realty offices, financial services, medical offices and clinics, veterinary clinics, barbershops, beauty shops, and related land uses. (These uses do not include tattoo or body piercing establishments, pawnshops or payday loan establishments. See Section 17.16.100(R)—(T).)

1.

Permitted by right (SO, NC, SC, UC, CC, SI).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations: Not applicable.

C.

Indoor Sales or Service. Description: Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "permanent outdoor display and sales as an accessory use" under "accessory uses" in the table of land uses, (Section 17.16.030). Artisan craft production such as consumer ceramics, custom woodmaking, or other production activities directly associated with retail sales are regulated as "light industrial uses incidental to retail sales" (Section 17.16.030).

1.

Permitted by right (NC, SC, UC, CC).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SO):

a.

Permitted uses shall be limited to indoor sales and personal services which primarily support office tenants such as office supply stores, copy centers and travel agencies.

b.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

D.

Permanent Outdoor Display and Sales as a Primary or Principal Use. Description: Permanent outdoor display and sales land uses include all land uses which conduct sales or display merchandise or equipment on a permanent basis outside of an enclosed building as the principal or primary use of the lot. Examples of such land uses would include vehicle and equipment sales and rental, manufactured housing sales, monument sales and garden centers. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junk or salvage yard or other permanent outdoor land uses specifically defined by the zoning ordinance such a permanent outdoor display and sales as an accessory use, outdoor commercial entertainment, outdoor storage or wholesaling, outdoor institutional, and outdoor maintenance service. (Land uses which conduct or display product outside of an enclosed building for a limited period of time each calendar year, are listed separately in Section 17.16.150(E) as "temporary outdoor display and sales.")

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SC, UC, CC, UI):

a.

Within the SC, suburban commercial, CC, central commercial and UI, urban industrial districts, outdoor display and sales shall be located entirely behind the required setback lines for a principal building on the property.

b.

The display and sales shall not be permitted in permanently protected green space areas, required bufferyards, or landscaped areas.

c.

In no event shall the display and sales reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Chapter 17.36. If the number of provided parking stalls on the property is already less than the requirement, such display and sales area shall not further reduce the number of parking stalls already present. Parking for the outdoor display and sales area shall be provided as per Section 17.36.040(G)(3).

d.

Display and sales areas shall be separated from any vehicular parking or circulation area by a minimum of five feet. This separation shall be clearly delineated by a physical separation such as a greenway, curb, fence, or a line of planters.

e.

Signs, screening materials, enclosures, landscaping, or the materials being displayed shall not interfere in any manner with either the on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

f.

Facility shall provide along all borders of the display area abutting residentially zoned property a bufferyard with a minimum one opacity along that side (except per subsection (D)(3)(e) of this section).

g.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

E.

Indoor Maintenance Service. Description: Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building.

1.

Permitted by right (NC, SC, UC, CC, SI, UI, HI).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations: Not applicable.

F.

Outdoor Maintenance Service. Description: Outdoor maintenance services include all land uses which perform maintenance services, including repair, and have all, or any portion, of their operations located outside of an enclosed building.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (HI):

a.

All outdoor activity areas shall be completely enclosed by a minimum six feet high fence. Such enclosure shall be located a minimum of fifty (50) feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of one.

b.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

G.

In-Vehicle Sales or Service. Description: In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, and all forms of car washes. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use (see Section 17.16.140(11)).

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SO, NC, SC, UC, CC):

a.

Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

b.

The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

c.

In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

d.

The setback of any overhead canopy or similar structure shall be a minimum of ten (10) feet from all street rights-of-way lines, a minimum of twenty (20) feet from all residentially-zoned property lines, and shall be a minimum of five feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed twenty (20) feet as measured to the highest part of the structure.

e.

All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material which is designed to meet the requirements of a minimum four ton axle load.

f.

Facility shall provide screening that includes a minimum landscape width of twenty (20) feet, a minimum six-foot tall solid fence and two plant units per one hundred (100) feet along all side or rear yards abutting residentially zoned property.

g.

Where a street side abuts residentially zoned property, a landscape buffer shall be provided that includes a three-foot to four-foot high decorative fence and 1.75 plant units per one hundred (100) feet in areas where the landscaping area is ten (10) to fifteen (15) feet wide. Where the landscape area is sixteen (16) to twenty-five (25) feet or wider, the buffer shall include three-foot to four-foot high decorative fence and 1.75 plant units per one hundred (100) feet or 2.6 plant units per one hundred (100) feet. The minimum width of the landscape area shall be determined using the street frontage width requirements of Section 17.32.050 of the Landscaping and Bufferyard Regulations.

h.

Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports and landscaped islands. Such curbs shall be a minimum of six inches high and be of a nonmountable design. No curb protecting an exterior fixture shall be located closer than twenty-five (25) feet to all property lines.

i.

Outdoor storage uses (including the outdoor storage of vehicles) shall be prohibited on the same property as in-vehicle sales and service land uses, except as permitted in the UC district. (See subsections (D) and (E) of this section.)

j.

Shall comply with the stacking requirements in Section 17.36.040(G)(3)(d)vii.

k.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

H.

Indoor Commercial Entertainment. Description: Indoor commercial entertainment land uses include all land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours which extend significantly later than most other commercial land uses. Examples of such land uses include restaurants, taverns, theaters, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.) bowling alleys, arcades, roller rinks, and pool halls.

1.

Permitted by right: Not applicable.

2.

Special use regulations: (SO, NC, SC, UC, CC, SI, UI (see subsection c.). Carryout or delivery restaurants and certain Indoor Commercial Entertainment land uses, when located within an existing building or lease space, including restaurants, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), arcades, and other similar uses (as determined by the zoning administrator), shall comply with standards listed in Section 17.44.040, procedures applicable to all special uses, and the following additional standards:

a.

If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within one hundred (100) feet of a residentially zoned property.

b.

Facility shall provide a bufferyard in accordance with Section 17.32.090.

c.

Only training studios may be allowed in the Urban Industrial (UI) zone with a special use permit when located in an existing space and shall comply with subsection (2)(a) and (b).

3.

Conditional use regulations (SO, NC, SC, UC, CC, SI, UI (see subsection (c)). Taverns, theaters, bowling alleys, roller rinks, pool halls, and other Indoor Commercial Entertainment land uses involving new construction or building expansion including restaurants, health or fitness centers, all forms of training studios (dance, art, martial arts, etc.), arcades, and other uses (as determined by the zoning administrator), shall comply with standards listed in Section 17.44.050, procedures applicable to all conditional uses and the following additional standards:

a.

If located on the same side of the building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within one hundred (100) feet of a residentially zoned property.

b.

Facility shall provide a bufferyard with a minimum opacity of eight-tenths along all borders of the property abutting residentially zoned property.

c.

Only training studios may be allowed in the Urban Industrial (UI) zone with a conditional use permit when involving new construction and shall comply with subsection (3)(a) and (b).

I.

Outdoor Commercial Entertainment. Description: Outdoor commercial entertainment land uses include all land uses which provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash and late operating hours. Examples of such land uses include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks and racetracks.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac, UC, UI):

a.

Activity areas shall not be located closer than three hundred (300) feet to a residentially zoned property.

b.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting residentially zoned property.

c.

Activity areas (including drive-in movie screens) shall not be visible from a public street or from any residentially-zoned property.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

J.

Commercial Animal Boarding. Description: Commercial animal boarding facility land uses include land uses which provide short-term and/or long-term boarding for animals. Examples of these land uses include commercial kennels and commercial stables. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate consideration.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac):

a.

A maximum of one animal unit per acre of fully enclosed outdoor area shall be permitted, and a maximum of five dogs, cats or similar animals per acre of fully enclosed outdoor area, shall be permitted.

b.

The minimum permitted size of horse or similar animal stall shall be one hundred (100) square feet.

c.

The following setbacks shall be required in addition to those of the zoning district:

i.

No activity area, including pastures or runs, shall be located closer than ten (10) feet to any property line.

ii.

Any building housing animals shall be located a minimum of three hundred (300) feet from any residentially zoned property.

iii.

A vegetative strip at least one hundred (100) feet wide shall be maintained between any corral, manure pile, or manure application area and any surface water or well in order to minimize runoff, prevent erosion, and promote nitrogen absorption.

d.

Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit has been secured. (See Section 17.44.040.)

e.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

K.

Commercial Indoor Lodging. Description: Commercial indoor lodging facilities include land uses which provide overnight housing in individual rooms or suites of rooms, each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, arcades, fitness centers, and other on-site facilities available to nonlodgers are not considered accessory uses and therefore require review as a separate land use.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SO, SC, UC, CC, SI):

a.

If located on the same side of a building as abutting residentially zoned property, no customer entrance of any kind shall be permitted within one hundred (100) feet of a residentially zoned property.

b.

Facility shall provide a bufferyard with a minimum opacity of eight-tenths along all borders of the property abutting residentially zoned property.

c.

Within the SO district, each and every room must take primary access via an individual interior door, and may not be accessed via an external balcony, porch or deck, except for emergency purposes.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

L.

Bed and Breakfast Establishment. Description: Bed and breakfast establishments are exclusively indoor lodging facilities which provide meals only to paying lodgers. Such land uses may provide indoor recreational facilities for the exclusive use of their customers.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12, NC, SC, UC, CC):

a.

All such facilities shall be required to obtain a permit to serve food and beverages. They shall be inspected annually at a fee as established by a separate ordinance, to verify that the land use continues to meet all applicable regulations.

b.

One sign, with a maximum area of twenty (20) square feet, shall be permitted on the property.

c.

Facility shall provide a bufferyard with a minimum opacity of four-tenths along all borders of the property abutting residentially zoned property.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

M.

Group Day Care Center (Nine or More Children). Description: Group day care centers are land uses in which qualified persons provide child care services for nine or more children. Examples of such land uses include day care centers and nursery schools. Such land uses shall not be located within a residential building. Such land uses may be operated on a for profit or a not for profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day care centers are not considered as accessory uses and therefore require review as a separate land use.

1.

Permitted by right: Not applicable.

2.

Special use regulations: (SO, NC, SC, UC, CC, SI, UI):

a.

Facility shall provide a bufferyard with a minimum opacity of eight-tenths along all borders of the outdoor play areas adjoining CR-5ac, ER-1 and SR-4, a bufferyard with a minimum opacity of six-tenths adjoining MR-8, and a bufferyard with a minimum opacity of four-tenths adjoining UR-12 zoning districts.

3.

Conditional use regulations (SR-4, MR-8, UR-12):

a.

Facility shall provide a bufferyard with a minimum opacity of six-tenths along all borders of the outdoor play areas adjoining residentially zoned properties.

b.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

N.

Campground. Description: Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or vehicles.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac):

a.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting residentially zoned property.

b.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

O.

Boarding House. Description: Boarding homes include any residential use renting rooms which do not contain private bathroom facilities (with the exception of approved bed and breakfast facilities).

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (UR-12, UC, and CC):

a.

Facility shall provide a bufferyard with a minimum opacity of eight-tenths along all borders of the property abutting residentially zoned property.

b.

Shall provide a minimum of one on-site parking space for each room for rent.

c.

Shall be located in an area of transition from residential land uses to nonresidential land uses.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

P.

Sexually-Oriented Land Uses. Description: Sexually-oriented land uses include any facility oriented to or having a substantial stock in trade, display space, floor space, or retail sales involving sexually-oriented materials such as videos, novelties, movies, slides, photos, books, or magazines; or actual persons displaying and/or touching specified anatomical areas or engaged in specified sexual activities as described in and/or regulated under Chapter 5.68 of the Sun Prairie Municipal Code. For the purpose of this title, the definitions of sexually-oriented uses as described in Chapter 5.68 of the Municipal Code shall also apply. The purpose and findings contained in Section 5.68.010 provide the basis for the standards contained herein.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (UI and HI):

a.

Shall be located a minimum of two hundred fifty (250) feet from any residentially zoned property, including residential and mixed-use districts contained within an approved planned development; and shall be located a minimum of five hundred (500) feet from any school, church, or outdoor recreational facility. Separation distances under this section shall be measured from the building containing the sexually oriented land use to any property line of a residential, school, church, or outdoor recreational facility property.

b.

Shall be located a minimum of one thousand (1,000) feet from any other sexually oriented land use.

c.

Exterior building appearance and signage shall be compatible with surrounding development, and be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

Commentary: The incorporation of this subsection into this title is designed to reflect the common council's official finding that sexually-oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other, similar jurisdictions. Specifically, the common council is concerned with the potential for such uses to limit: the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities.

It is explicitly not the intent of this subsection to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the city's comprehensive plan and protect the character and integrity of its commercial and residential neighborhoods.

Q.

Commercial Dog Day Care. Description: Commercial facility occupied by dogs for the purpose of exercise and socialization during daytime, business hours. No animal will be kept overnight or on weekends. These facilities can include indoor and outdoor spaces.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (NC, SC, UC, SI, UI):

a.

Total area requirements must allow for one hundred (100) square feet per dog. This area requirement per dog shall be calculated by using the total area that will be occupied by the dogs, including area within the building and outdoor play area.

b.

Outdoor space must be completely fenced with a six-foot high solid wooden (or other approved material which will absorb the sound) fence. The fence shall be no closer than thirty (30) feet to any property used, zoned, or planned for residential use and no closer than fifteen (15) feet to any property used, zoned, or planned for nonresidential use.

c.

Noise levels shall not exceed sixty-five (65) decibels as measured at the property line adjacent to any property used, zoned, or planned for residential, office, commercial, institutional, or park use and seventy (70) decibels as measured at the property line to any property used, zoned, or planned for industrial, storage, or transportation use. (See Section 17.36.090, Noise standards.)

d.

Any building housing dogs shall be located a minimum of three hundred (300) feet from any property used, zoned, or planned for residential, office, commercial, institutional, or park use, or be adequately soundproofed to comply with Section 17.36.090, Noise standards, and be located a distance from the property line of ten (10) feet minimum or in accordance with the required structure setbacks for that zoning district, whichever is greater.

e.

Facility shall provide a bufferyard with a minimum opacity of eight-tenths along all borders of the outdoor play area adjoining property used, zoned, or planned for residential use, and four-tenths with a minimum of two plant units per one hundred (100) feet of lot width along all borders of the outdoor play area bordering properties used, zoned, or planned for nonresidential use. The bufferyard shall include a minimum ten-foot vegetative strip around the outside of the fence line.

f.

Animal waste must be picked up immediately, bagged and deposited in a sealed container to prevent odor from impacting neighboring properties. Animal waste containers must be stored at least fifteen (15) feet from any property line and meet all dumpster screening standards for commercial land uses.

g.

The city waste water pollution control facility staff shall be permitted to inspect the operation for compliance with waste disposal standards.

h.

Hours of operation shall be established during the conditional use permit review.

i.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

j.

Property owner's permission is required as part of the conditional use permit application.

R.

Tattoo or Body Piercing Establishment. Description: Establishments as contained in Chapter HFS 173, Wisconsin Administrative Code, entitled Tattooing and Body Piercing, and Sections 252.23 and 252.24, Wisconsin Statutes as currently enacted and as may be amended in the future, and shall include any premises or establishment and facilities incidental thereto which engages in the business of marking or coloring skin through the method of placing designs, letters, scrolls, figures, symbols, or other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instrument designed to penetrate the skin. A permanent cosmetic facility shall not be considered a tattoo establishment for purpose of land use classification - see Section 17.08.040 Definitions. Permanent cosmetic procedures may be administered at tattoo establishments.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SC, UC, CC):

a.

Tattoo or body piercing establishments shall not be located within one thousand (1,000) feet of any other tattoo or body piercing establishment, payday loan establishment, or pawn shop.

b.

Exterior building appearances and signage shall be compatible with surrounding development, and be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers or affect the marketability of properties in the vicinity for sale at their assessed values.

c.

Hours of operation. Tattoo or body piercing establishments shall be allowed to be open only between the hours of eight a.m. and ten p.m. Monday through Saturday and ten a.m. and six p.m. on Sunday.

d.

Loitering prohibited. No operator or employee of a tattoo or body piercing establishment shall allow, suffer, or permit loitering on the business premises. For purposes of this section, "business premises" shall include the licensed premises.

e.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

S.

Payday Lender. Description: A payday lender means a business, owned by a licensee, pursuant to Section 138.14(1)(i), Wisconsin Statutes, that makes payday loans. For the purposes of this section, such establishments shall not be construed to be "banks" or "financial institutions."

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SC, UC, CC):

a.

A payday lender shall not be located within one thousand five hundred (1,500) feet, as measured from the lot line, of any other payday lender.

b.

A payday lender shall not be located within one thousand (1,000) feet, as measured from the lot line, of any tattoo or body piercing establishment or pawn shop.

c.

A payday lender shall not be located within one hundred fifty (150) feet, as measured from the lot line, of any residential zoning district, or within one hundred fifty (150) feet of a single-family or two-family residential district that is located within a planned development (PD) district.

d.

Exterior building appearances and signage shall be compatible with surrounding development, and be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values.

e.

Hours of operation. Payday lenders shall be allowed to be open only between the hours of eight a.m. and ten p.m. Monday through Saturday and ten a.m. and six p.m. on Sunday.

f.

Loitering prohibited. No operator or employee of a payday lender shall allow, suffer, or permit loitering on the business premises. For purposes of this section, "business premises" shall include the permitted premises.

g.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

T.

Pawn Shop. Description: The premises on which any person who engages in the business of lending money on the deposit or pledge of any article or purchasing any article with an expressed or implied agreement or understanding to sell it back at a subsequent time at a stipulated price. To the extent that a pawnbroker's business includes buying personal property previously used, rented, leased, or selling it on consignment, the provisions of this chapter shall be applicable.

1.

A person is not acting as a pawnbroker when engaging in any of the following:

a.

Any transaction at an occasional garage or yard sale, an estate sale, a gun, knife, gem, or antique show, or a convention.

b.

Any transaction entered into by a person engaged in the business of junk collector, junk dealer, or scrap processor, as described in Section 70.995(2)(x), Wisconsin Statutes.

c.

Any transaction while operating as a charitable organization or conducting a sale, the proceeds of which are donated to a charitable organization.

d.

Any transaction between a buyer of a new article and the person who sold the article when new that involves any of the following:

i.

The return of the article.

ii.

The exchange of the article for a different, new article.

e.

Any transaction as a purchaser of a secondhand article from a charitable organization if the secondhand article was a gift to the charitable organization.

f.

Any transaction as a seller of a secondhand article that the person bought from a charitable organization if the secondhand article was a gift to the charitable organization.

2.

Permitted by right: Not applicable.

3.

Special use regulations: Not applicable.

4.

Conditional use regulations (SC, UC, CC):

a.

A pawn shop shall not be located within one thousand (1,000) feet of any other pawn shop, tattoo or body piercing establishment or payday loan establishment.

b.

Exterior building appearances and signage shall be compatible with surrounding development, and designed to ensure that use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values.

c.

Hours of operation. Pawn shops shall be allowed to be open only between the hours of eight a.m. and ten p.m. Monday through Saturday and ten a.m. and six p.m. on Sunday.

d.

Loitering prohibited. No operator or employee of a pawn shop shall allow, suffer, or permit loitering on the business premises. For purposes of this section, "business premises" shall include the licensed premises.

e.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

U.

Household Pet Boarding Facility. Description: A commercial establishment in which household pets are housed overnight for a fee or compensation.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (NC, SC, UC, SI, UI):

a.

Location. Household pet boarding facilities shall be located inside of an enclosed structure. No outdoor boarding facilities shall be permitted.

b.

Total area requirements must allow for one hundred (100) square feet per household pet. This area requirement per household pet shall be calculated by using the total area that will be occupied by the household pets, including area within the building and outdoor play area.

c.

Outdoor space must be completely fenced with a six-foot high solid wooden (or other approved material which will absorb the sound) fence. The fence shall be no closer than thirty (30) feet to any property used, zoned, or planned for residential use and no closer than fifteen (15) feet to any property used, zoned, or planned for nonresidential use.

d.

Noise levels shall not exceed sixty-five (65) decibels as measured at the property line adjacent to any property used, zoned, or planned for residential, office, commercial, institutional, or park use and seventy (70) decibels as measured at the property line to any property used, zoned, or planned for industrial, storage, or transportation use. (See Section 17.36.090, Noise standards.)

e.

Any building housing household pets shall be located a minimum of three hundred (300) feet from any property used, zoned, or planned for residential, office, commercial, institutional, or park use, or be adequately soundproofed to comply with Section 17.36.090, Noise standards, and be located a distance from the property line of ten (10) feet minimum or in accordance with the required structure setbacks for that zoning district, whichever is greater.

f.

Facility shall provide a bufferyard with a minimum opacity of eight-tenths along all borders of the outdoor play area adjoining property used, zoned, or planned for residential use, and four-tenths with a minimum of two plant units per one hundred (100) feet of lot width along all borders of the outdoor play area bordering property used, zoned, or planned for nonresidential use. The bufferyard shall include a minimum ten-foot vegetative strip around the outside of the fence line.

g.

Animal waste must be picked up immediately, bagged and deposited in a sealed container to prevent odor from impacting neighboring properties. Animal waste containers must be stored at least fifteen (15) feet from any property line and meet all dumpster screening standards for commercial land uses.

h.

The city wastewater pollution control facility staff shall be permitted to inspect the operation for compliance with waste disposal standards.

i.

Property owner's permission is required as part of the conditional use permit application.

j.

A caretaker shall be present at all times that dogs are present at the facility. A caretaker's residence as defined in Section 17.08.040, may be allowed provided the following standards are met:

i.

Not more than one residential dwelling unit may be allowed on the premises.

ii.

The dwelling unit shall be designated solely for the caretaker of the pet boarding facility and may not be rented or otherwise occupied by anyone not directly associated with the business.

iii.

One onsite-parking stall per bedroom shall be designated for the caretaker's residence.

iv.

In the event the pet boarding facility is terminated, the use of the dwelling unit shall cease.

v.

The dwelling unit shall not exceed twenty percent (20%) of the gross floor area of the primary use or one thousand six hundred (1,600) square feet, whichever is less.

vi.

The dwelling unit shall conform to other applicable codes and regulations for residential structures.

k.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

(Ord. No. 935, § 1, 12-19-2023; Ord. No. 879, § 2, 2-15-2022; Ord. No. 721, § 1, 2-20-2018; Ord. No. 651, § 1, 7-19-2016; Ord. No. 613, § 2, 8-18-2015; Ord. No. 470, § 1, 7-19-2011; Ord. No. 454, § 2, 12-21-2010; Ord. No. 434, § 2, 6-15-2010; Ord. No. 385, § 1, 11-18-2008; Ord. No. 380, § 1, 9-16-2008; Ord. No. 371, § 1, 8-5-2008; Ord. No. 340, §§ 2, 3, 11-6-2007; Ord. No. 325, § 2, 8-21-2007; Ord. No. 207, § 1, 8-16-2005; Ord. No. 163, § 1, 11-2-2004; Ord. No. 154, § 1, 8-3-2004; Ord. No. 2002-44, § 2, 2002; Ord. No. 2002-24, § 1, 2002; Ord. No. 2001-8, § 2, 2001; Ord. No. 434 (part), 1998; prior code § 13-4-6(d))

A.

Indoor Storage or Wholesaling. Description: Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities.

1.

Permitted by right (SI, UI, HI).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations: Not applicable.

B.

Outdoor Storage or Wholesaling. Description: Outdoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. Such a land use, in which any activity beyond loading and parking is located outdoors, is considered an outdoor storage and wholesaling land use. Examples of this land use include contractors' storage yards, equipment yards, including yards for storage of construction equipment being rented or leased to construction contractors and primarily delivered to lessees off-site, lumber yards, coal yards, landscaping materials yard, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. (See subsection D of this section.)

1.

Permitted by right: Not applicable.

2.

Special use regulations (UI, HI):

a.

All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls and fencing. Such walls and fencing shall be a minimum of eight feet in height. Such walls or fencing shall be screened from residentially zoned property by a bufferyard with a minimum opacity of one.

b.

The storage of items shall not be permitted in permanently protected green space areas.

c.

The storage of items shall not be permitted in required frontage landscaping or bufferyard areas.

d.

In no event shall the storage of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of Chapter 17.36. If the number of provided parking stalls on the property is already less than the requirement, such storage area shall not further reduce the number of parking stalls already present.

e.

Storage areas shall be separated from any vehicular parking or circulation area by a minimum of ten (10) feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

f.

Materials being stored shall not interfere in any manner with either on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts.

g.

Inoperative vehicles or equipment, or other items typically stored in a junkyard or salvage yard, shall not be stored under the provisions of this land use.

h.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting residentially zoned property.

i.

All outdoor storage areas shall be located no closer to a residentially zoned property than the required minimum setback for buildings on the subject property.

j.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations (SI):

a.

Shall comply with all regulations for special uses in subsection (B)(2), of this section.

b.

Outdoor storage of construction equipment being rented or leased to contractors shall not be located between the principal building and any public street, shall be screened and landscaped per the requirements of section 17.36.230, shall be stored so that the equipment does not extend above the required fencing to the extent possible, and shall not be displayed in a manner so as to advertise or call attention to the materials being stored.

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

C.

Personal Storage Facility. Description: Personal storage facilities are land uses oriented to the indoor storage of items entirely within partitioned buildings having an individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. These land uses are typically known as mini-warehouses.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SI, UI):

a.

Facility shall be designed so as to minimize adverse visual impacts on nearby developments. The color, exterior materials, and orientation of proposed buildings and structures shall complement surrounding development.

b.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting residentially zoned property.

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

D.

Junkyard or Salvage Yard. Description: Junkyard or salvage yard facilities are any land or structure used for a salvaging operation including, but not limited to: the above-ground, outdoor storage and/or sale of waste paper, rags, scrap metal, and any other discarded materials intended for sale or recycling; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Recycling facilities involving on-site outdoor storage of salvage materials are included in this land use.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac, HI):

a.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting residentially zoned property.

b.

All buildings, structures, outdoor storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines.

c.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

d.

Shall not involve the storage, handling or collection of hazardous materials, including any of the materials listed in Section 17.36.190.

e.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

E.

Waste Disposal Facility. Description: Waste disposal facilities are any areas used for the disposal of solid wastes including those defined by Wisconsin Statutes 144.01(15), but not including composting operations (see subsection F of this section).

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac, HI):

a.

Shall comply with all county, state and federal regulations;

b.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property;

c.

All buildings, structures, and activity areas shall be located a minimum of three hundred (300) feet from all lot lines;

d.

Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by Section 17.36.190) in any manner;

e.

Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to one hundred ten percent (110%) of the costs determined to be associated with such restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the city administrator), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition (the requirement for such surety is waived for waste disposal facilities owned by public agencies);

f.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

F.

Outdoor Composting Operation: Description: Any land use devoted to the collection, storage, processing and/or disposal of organic material mixed in outdoor piles or rows. (Composting operations taking place within an enclosed or sealed container are listed separately in Section 17.16.110(H) as "In-Vessel Composting Operation.")

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (HI, RH-35ac):

a.

Shall comply with all county, state and federal regulations;

b.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property;

c.

All buildings, structures, and activity areas shall be located a minimum of one hundred (100) feet from all lot lines;

d.

No food scraps or other vermin-attracting materials shall be processed, stored or disposed of on-site;

e.

Operations shall not involve the on-site holding, storage or disposal of hazardous wastes as defined by State Statutes in any manner;

f.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

G.

City-Operated Kennel/Impound Facility. Description: A city operated facility that provides temporary shelter and storage for stray, abandoned or confiscated domestic animals.

1.

Permitted by right: Not applicable.

2.

Special use regulations (UI):

a.

Outdoor containments for animals shall be located a minimum of twenty (20) feet from any residentially zoned property;

b.

Shall comply with Section 17.44.040 procedures for all special uses;

3.

Conditional use regulations: Not applicable.

H.

In-Vessel Composting Operation: Description: Any land use devoted to the collection, storage, processing and/or disposal of compostable material enclosed in a bin, drum, silo, tunnel, or other enclosed/sealed container

1.

Permitted by right: Not applicable.

2.

Special use regulations (HI, SI, UI, RH-35).

a.

All delivery, loading/unloading, storage of materials, and processing shall take place entirely within an enclosed building(s).

b.

Shall comply with all county, state and federal regulations;

c.

Operations shall not involve the on-site holding, storage or disposal of hazardous materials and wastes as defined by State Statutes in any manner;

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

3.

Conditional use regulations (HI, SI, UI, RH-35ac):

a.

Enclosed/sealed container may be partially or wholly located outdoors

b.

Bagged garden byproducts such as mulch, potting mix, or topsoil, may be stored outdoors.

c.

Animal products, livestock, food scraps, or other vermin-attracting materials must be stored and processed indoors.

d.

Shall comply with all regulations of Section 17.16.110(B) (2) for outdoor storage.

e.

In the SI district, outdoor storage shall be located or screened per the requirements of Section 17.36.230 (F) (2) so that they are substantially hidden from view from any adjacent public street, highway corridor, and/or residentially zoned property.

f.

Shall comply with all county, state and federal regulations;

g.

Operations shall not involve the on-site holding, storage or disposal of hazardous materials and wastes as defined by State Statutes in any manner;

h.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

(Ord. No. 879, § 3, 2-15-2022; Ord. No. 870, § 2, 11-16-2021; Ord. No. 739, § 1, 7-17-2018; Ord. 2001-19 § 2, 2001; Ord. 539 (part), 2000; prior code § 13-4-6(e))

A.

Off-Site Parking Lot. Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative which are not contained on the same lot as the use which the parking lot is intended to serve. In no instance shall an off-site parking lot be used for storage of vehicles or any other material nor shall any activity other than temporary vehicle parking or other permitted temporary use be allowed. Each parking space within an off-site parking lot shall not be located farther than five hundred (500) feet from the property line of the use it is intended to serve. Joint parking facilities shared by two uses which are accessory to one of the two primary users are not considered off-site parking lots and shall meet the standards of Section 17.36.040(G)(2). See also Chapter 17.36 for additional parking regulations.

1.

Permitted use regulations: Not applicable.

2.

Special use regulations (SO, NC, SC, UC, CC, SI, UI, HI):

a.

Access shall comply with Section 17.36.020, access standards and the provisions of the land division ordinance and driveway spacing policy. Safe pedestrian access to and from the off-site parking lot shall be provided as approved by the police chief.

b.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic and in a manner consistent with Section 17.36.030, visibility standards and Section 17.36.040, off-street parking and traffic circulation standards, particularly as it relates to distance from the areas to be served by the parking.

c.

Landscaping shall be provided along street frontages as required by Section 17.32.050 and to meet the paved area landscaping requirements per Section 17.32.060. Where an off-street parking area abuts a different zoning district or development option, a bufferyard shall be provided per the requirements of Section 17.32.090 or consistent with the requirements for the individual land use per Sections 17.16.060 through 17.16.160.

d.

Lighting shall comply with the standards of Section 17.36.040, off-street parking and traffic circulation standards and Section 17.36.070, exterior lighting standards.

e.

No permanent uses or structures shall be permitted in conjunction with an off-site parking lot. f. Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12):

a.

Off-site parking lots in residential districts shall serve only uses allowed as permitted, special, or conditional uses in the specific district in which the parking lot is to be located.

b.

Access shall comply with Section 17.36.020; access standards and the provisions of the land division ordinance and driveway spacing policy. Safe pedestrian access to and from the off-site parking lot shall be provided as approved by the police chief.

c.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic and in a manner consistent with Section 17.36.030; visibility standards and Section 17.36.040; off-street parking and traffic circulation standards, particularly as it relates to distance from the areas to be served by the parking.

d.

Landscaping shall be provided along street frontages as required by Section 17.32.050 and to meet the paved area landscaping requirements per Section 17.32.060. Where an off-street parking area abuts a different zoning district or development option, a bufferyard shall be provided per the requirements of Section 17.32.090.

e.

Lighting shall comply with the standards of Section 17.36.040; off-street parking and traffic circulation standards and Section 17.36.070; exterior lighting standards.

f.

No uses or structures shall be permitted in conjunction with an off-site parking lot.

g.

Shall comply with Section 17.44.050, procedures applicable to all conditional uses.

B.

Airport/Heliport. Description: Airports and heliports are transportation facilities providing takeoff, landing, servicing, storage and other services to any type of air transportation. The operation of any type of air vehicle (including ultralight aircraft, but excepting model aircraft) within the jurisdiction of this title shall occur only in conjunction with an approved airport or heliport.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac, SO, SI, UI, HI):

a.

All buildings, structures, outdoor airplane or helicopter storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines.

b.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property not otherwise completely screened from activity areas by buildings or structures.

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

C.

Freight Terminal. Description: Freight terminals are facilities oriented to the short-term storage and trans-shipment of materials, and/or the outdoor storage of trucks and related equipment.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (HI):

a.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting residentially zoned property.

b.

All buildings, structures, outdoor truck, tractor and/or trailer storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines abutting residentially zoned property.

c.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

D.

Distribution Center. Description: Distribution centers are facilities occupying over 50,000 square feet of gross floor area oriented to the short-term storage or trans-shipment of materials involving the activities and products of four or fewer businesses. For last-mile distribution centers occupying 50,000 square feet or less, refer to light industrial land uses in Section 17.16.130.

1.

Permitted by right (UI, HI).

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (SI):

a.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting residentially zoned property.

b.

All buildings, structures, outdoor truck, tractor and/or trailer storage areas, and any other activity areas shall be located a minimum of one hundred (100) feet from all lot lines abutting residentially zoned property.

c.

In no instance shall activity areas be located within a required frontage landscaping or bufferyard areas.

d.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.(Prior code § 13-4-6(f))

(Ord. No. 891, § 1, 5-17-2022)

A.

Light Industrial Land Use. Description: Light industrial land uses are industrial facilities at which all operations (with the exception of loading operations): (1) are conducted entirely within an enclosed building; (2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; (3) do not pose a significant safety hazard (such as danger of explosion); and (4) comply with all of the performance standards listed for potential nuisances in Chapter 17.36. Light industrial land uses include last-mile distribution centers occupying 50,000 square feet or less, and may conduct retail sales activity as an accessory use provided that the requirements of subsection (13) of Section 17.16.140, are complied with.

1.

Permitted by right: Not applicable.

2.

Special use regulations (SI, UI, HI):

a.

All activities, except loading and unloading, shall be conducted entirely within the confines of a building.

b.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

B.

Heavy Industrial Land Use. Description: Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Chapter 17.36. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.

1.

Permitted by right: Not applicable.

2.

Special use regulations (HI):

a.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property abutting properties which are not zoned (HI);

b.

All outdoor activity areas shall be located a minimum of one hundred (100) feet from residentially zoned property;

c.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

C.

Communication Tower. Description: Communication towers include all freestanding broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio or other land uses directly related to the function of the tower.

1.

Permitted by right: Not applicable;

2.

Special use regulations: Not applicable;

3.

Conditional use requirements (RH-35ac, UI, HI):

a.

Tower shall be located so that there is sufficient radius of clear land around the tower so that its collapse shall be completely contained on the property owned or leased by the applicant, or controlled by the applicant pursuant to an easement as granted by the owner of adjacent land which lies within the theoretical fall zone.

(1)

When located adjacent to residentially zoned property, the fall zone shall include all land encircling the tower with a radius equal to the height of the tower as measured from the base of the tower. No residences shall be located within the fall zone.

(2)

When located adjacent to nonresidential zoning districts, the fall zone shall include all land encircling the tower with a radius equal to the height of the tower as measured from the base of the tower, or may be reduced in area if the applicant demonstrates that the collapse of the tower would be contained within a smaller area, as certified by a professional engineer. No principal buildings may be located within the approved fall zone.

b.

The installation and continued maintenance of a bufferyard with a minimum opacity of .80 along borders of the lot abutting residentially zoned property.

c.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

D.

Extraction Use. Description: Extraction uses include and land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on-site development or agricultural activities.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (RH-35ac):

a.

Shall comply with all county, state and federal regulations;

b.

Facility shall provide a bufferyard with a minimum opacity of one along all borders of the property;

c.

All buildings, structures, and activity areas shall be located a minimum of three hundred (300) feet from all lot lines;

d.

Required site plans shall include detailed site restoration plans, which shall include at minimum, detailed grading and revegetation plans, and a detailed written statement indicating the timetable for such restoration. A surety bond, in an amount equivalent to one hundred ten percent (110%) of the costs determined to be associated with such restoration (as determined by a third party selected by the city), shall be filed with the city by the petitioner (subject to approval by the city administrator), and shall be held by the city for the purpose of ensuring that the site is restored to its proposed condition (the requirement for such surety is waived for waste disposal facilities owned by public agencies);

e.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

(Ord. No. 891, § 1, 5-17-2022; Ord. 457, § 2, 2-8-2011; Ord. 567, 2001; Ord. 541 (part), 2000; prior code § 13-4-6(g))

Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. (See also Table 17.16.030 for a summary of some of these uses and the zoning districts which permit these uses. See Sections 17.24.080 and 17.36.200 for fence regulations and intrusions into required yards such as steps and bay windows. See Section 17.36.060 for exterior storage of vehicles and equipment.) With the exception of a commercial apartment (see subsection (1) of this section), or a farm residence (see subsection (3) of this section), in no instance shall an accessory use, cellar, basement, tent, or trailer be used as a residence. In addition to the specific regulations below for individual accessory uses and structures, all such uses and structures shall conform with the following standards.

Agriculture Zoning District. For accessory uses and structures in the agricultural district see the specific accessory land uses below and the agricultural land uses listed in Section 17.16.080.

Residential Zoning Districts. With the exception of farm buildings, no accessory buildings located within a residential district shall be constructed or finished with nonresidential building materials. Furthermore, all accessory buildings within residential districts shall be constructed in a similar style and with similar materials to the principal building in the neighborhood. Accessory uses and structures in all residential districts shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street yard. No detached accessory structures shall be located within the required side yard setback (from the principal building (including attached garage) to the side lot line) between the required front yard and rear yard setbacks.

Nonresidential Zoning Districts. In all office, commercial, and industrial districts, accessory uses and structures shall not be located within any required front or street yard. Detached accessory structures on office, commercial, and industrial zoned properties are permitted within required interior side yards provided they meet a minimum side yard setback of five feet (except for the CC, central commercial district where no side yard setback is required) and the provisions of Section 17.32.090; landscaping requirements for bufferyards wherever such properties abut a different zoning district or a different development option. All accessory uses and structures in office, commercial, and industrial districts require site plan review and approval per Section 17.44.070 in addition to the requirements for special or conditional use approval as applicable to a particular use outlined below.

1.

Commercial Apartment. Description: Commercial apartments are dwelling units which are located above the ground floor of a building used for a commercial land use (as designated in Section 17.16.100), most typically an office or retail establishment. The primary advantage of commercial apartments is that they are able to share required parking spaces with nonresidential uses.

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (NC, SC, UC, CC):

i.

The gross floor area devoted to commercial apartments shall be counted as contributing to the floor area of a nonresidential development;

ii.

A minimum of one parking space shall be provided for each bedroom within a commercial apartment. Within the central commercial zoning district, said parking spaces may be provided on-site or off-site per the parking options provided within this section. Parking spaces provided by nonresidential land uses on the site may be counted for this requirement with the approval of the zoning administrator.

iii.

Within the central commercial zoning district, parking requirements for a commercial apartment(s) may be met via a lease of off-street parking on other property, provided said spaces are located within five hundred (500) feet of the subject building within which the commercial apartments are located, and provided said parking spaces are not required to meet the parking requirements for land uses existing on that site. The property owner shall provide the city attorney with a copy of the executed lease agreement for review and approval. If at any time the lease expires or is terminated, the parking requirements for the commercial apartments will have to be met through one of the other options provided in this section.

iv.

Within the central commercial zoning district, parking requirements for commercial apartments may be met via the purchase of an annual parking permit from the city per Section 10.20.070 for use of spaces within municipal parking lots in the downtown area, provided the following conditions are met:

a)

The commercial apartment(s) is located within an existing building in the traditional Main Street business district (defined as the buildings fronting on Main Street between Vine Street and South Street).

b)

Adequate land area to meet the off-street parking requirements does not exist on-site, or land area available on-site is or will be put to better use to support the economic health and vitality of the downtown, rather than as off-street parking.

c)

At least one municipal parking lot is located within five hundred (500) feet of the building containing the commercial apartment(s).

d)

The property owner agrees to assume an annual special charge or assessment on their property tax statement for the cost of the permit until such time that the commercial apartment use ceases, or required parking is provided through one of the other options described in this section.

v.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

2.

On-Site Parking Lot. Description: On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to Chapter 17.36.

a.

Permitted by right: Not applicable.

b.

Special use regulations (all districts):

i.

Access to an off-site parking lot shall only be permitted to a collector or arterial street;

ii.

Access and vehicular circulation shall be designed so as to discourage cut-through traffic;

iii.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations: Not applicable.

3.

Farm Residence. Description: A farm residence is a single-family detached dwelling unit located on the same property as any of the principal agricultural land uses listed in Section 17.16.080.

a.

Permitted by right (all districts).

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: Not applicable.

4.

Detached Private Residential Garage, Carport, or Utility Shed. Description: A private residential garage, carport or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment. It may be located on the same lot as a residential unit or units, or on a separate lot in conjunction with a residential land use. See Section 17.24.110 for requirements applicable to legal, nonconforming garages. Garages in excess of one thousand (1,000) square feet of gross floor area shall require a conditional use permit.

a.

Permitted by right (all districts).

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: Not applicable.

5.

Private Residential Recreational Facility. Description: This land use includes all active outdoor recreational facilities located on a private residential lot which are not otherwise listed in Table 17.16.040. Common examples include basketball courts, tennis courts, swimming pools, and recreation-type equipment.

a.

Permitted by right: Not applicable.

b.

Special use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12):

i.

Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of six-tenths (see Section 17.32.090).

ii.

Swimming pools shall be completely enclosed by any combination of structures and fencing. Such enclosure shall be a minimum of forty-eighty (48) inches high. (See also, Section 15.04.180 of the city of Sun Prairie building code.)

iii.

All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. (See Section 17.24.030.)

c.

Conditional use regulations: Not applicable.

6.

Private Residential Kennel. Description: A maximum of any combination of two dogs and two cats or no more than three animals (three dogs or three cats) of any one of the two species (over five months of age) are permitted for any one residential unit per the requirements of Section 6.04.060(E) of the city of Sun Prairie code of ordinances. Any residence housing a number of dogs and or cats exceeding this number shall be considered a private residential kennel. Such a kennel (for dogs only) shall require licensing under Section 6.04.030(B) of the city of Sun Prairie code of ordinances. In addition to those requirements, a private residential kennel shall meet the following requirements:

a.

Permitted by right: Not applicable.

b.

Special use regulations (RH-35ac):

i.

For any number over two animals, a maximum of one additional animal per five acres shall be permitted;

ii.

Outdoor containments for animals shall be located a minimum of ten (10) feet from any residentially zoned property;

iii.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations (CR-5ac, ER-1):

i.

Shall comply with regulations in subsection (6)(b) of this section.

ii.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

7.

Private Residential Stable. Description: A private residential stable is a structure facilitating the keeping of horses (or similar animals) on the same site as a residential dwelling.

a.

Permitted by right: Not applicable.

b.

Special use regulations (RH-35ac):

i.

A minimum lot area of one hundred seventy-five thousand (175,000) square feet (four acres) is required for a private residential stable.

ii.

A maximum of one horse per five acres of fully enclosed area is permitted.

iii.

Outdoor containments for animals shall be located a minimum of ten (10) feet from any residentially zoned property.

iv.

The requirements of subsection J of Section 17.16.100 shall also apply to private residential stables.

v.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations (CR-5ac):

i.

Shall comply with regulations in subsection (7)(b) of this section.

ii.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

8.

Company Cafeteria. Description: A company cafeteria is a food service operation which provides food only to company employees and their guests, which meets state food service requirements, and is located on the same property as a principal land use engaged in an operation other than food service.

a.

Permitted by right (SO, SC, UC, CC, SI, UI, HI).

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: Not applicable.

9.

Company Provided On-Site Recreation. Description: A company provided on-site recreational facility is any active or passive recreational facility located on the same site as a principal land use, and which is reserved solely for the use of company employees and their guests. Facilities using night lighting of activity areas shall be a conditional use.

a.

Permitted by right: Not applicable.

b.

Special use regulations (SO, SC, UC, CC, SI, UI, HI):

i.

All structures and actively used outdoor areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

ii.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations: (SO, SC, UC, CC, SI, UI, HI):

i.

Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of six-tenths (see Section 17.32.090(D)(2)). Such bufferyard shall be located at the property line adjacent to such residentially zoned property.

ii.

All structures and actively used outdoor areas shall be located a minimum of fifty (50) feet from any residentially zoned property.

iii.

Shall comply with Section 17.44.050, procedures applicable to all special uses.

10.

Permanent Outdoor Display and Sales as an Accessory Use. Description: Accessory outdoor display and sales land uses include all land uses which conduct sales or display merchandise or equipment on a permanent basis outside of an enclosed building accessory to or incidental to a principal use on the lot. Examples of such land uses may include equipment sales and rental, lumber sales or garden centers. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junk or salvage yard or other permanent outdoor land uses specifically defined by the zoning ordinance such as outdoor commercial entertainment, outdoor storage or wholesaling, outdoor institutional, or outdoor maintenance service. (Land uses which conduct or display product outside of an enclosed building for a limited period of time each calendar year, are listed separately in Section 17.16.150(E) as "temporary outdoor display and sales.")

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (UC, SC, CC, UI):

i.

Shall comply with subsection (D)(3) of Section 17.16.100, permanent outdoor display and sales as a principal use;

ii.

No parking is required for accessory display areas which are less than fifteen percent (15%) of the gross floor area of the associated principal use existing within a group development or on a lot. Accessory display areas exceeding the fifteen percent (15%) threshold shall provide parking per Section 17.36.040(G)(3);

iii.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

11.

In-Vehicle Sales and Services Incidental to On-Site Principal Land Use. Description: See subsection (H)(1) of Section 17.16.100.

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (NC, SC, UC, CC):

i.

Shall comply with subsection (H)(3) of Section 17.16.100.

ii.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

12.

Indoor Sales Incidental to Storage or Light Industrial Land Use. Description: These land uses include any retail sales activity conducted exclusively indoors which is incidental to a principal land use such as warehousing, wholesaling or any light industrial land use, on the same site.

a.

Permitted by right: Not applicable.

b.

Special use regulations (SI, UI, HI):

i.

Adequate parking, per the requirements of Chapter 17.36, shall be provided for customers. Such parking shall be in addition to that required for customary light industrial activities;

ii.

The total area devoted to sales activity shall not exceed fifteen percent (15%) of the total area of the buildings on the property, or five thousand (5,000) square feet, whichever is less;

iii.

Shall provide restroom facilities directly accessible from retail sales area;

iv.

Retail sales area shall be physically separated by a wall from other activity areas;

v.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations: Not applicable.

13.

Light Industrial Activities Incidental to Indoor Sales or Service Land Use. Description: These land uses include any light industrial activity conducted exclusively indoors which is incidental to a principal land use such as indoor sales or service, on the same site.

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (SC, NC, UC, CC):

i.

The total area devoted to light industrial activity shall not exceed fifteen percent (15%) of the total area of the buildings on the property, or five thousand (5,000) square feet, whichever is less.

ii.

Production area shall be physically separated by a wall from other activity areas and shall be soundproofed to the level required by Section 17.36.090(C) for all adjacent properties.

iii.

Shall comply with Section 17.44.050, procedures applicable to all conditional uses.

14.

Drainage Structure. Description: These include all improvements including, but not limited to, swales, ditches, culverts, drains, tiles, gutters, levees, basins, detention or retention facilities, impoundments, and dams intended to effect the direction, rate and/or volume of stormwater runoff, snow melt, and/or channelized flows across, within and/or away from a site.

a.

Permitted by right: Not applicable.

b.

Special use regulations (all districts):

i.

Shall comply with Section 17.16.040 regarding the placement of drainage structures in permanently protected green space areas;

ii.

Shall comply with Section 17.16.160 regarding protection measures for drainageways;

iii.

Any drainage improvement shall not increase the rate or volume of discharge from the subject property onto any adjacent properties, except where regional stormwater management facilities such as storm sewers and retention or detention facilities are in place to serve the subject property;

iv.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations: Not applicable.

15.

Filling. Description: Filling includes any activity involving the modification of the earth's surface above that in its undisturbed state.

a.

Permitted by right: Not applicable.

b.

Special use regulations (all districts):

i.

Shall comply with Section 17.16.040 regarding filling activities in permanently protected green space areas;

ii.

Shall comply with Chapter 17.28 regarding protection measures for natural resources;

iii.

Shall not create drainage onto other properties;

iv.

Shall not impede on-site drainage;

v.

Shall comply with provisions of the land division ordinance;

vi.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations: Not applicable.

16.

Lawn Care. Description: Lawn care includes any activity involving the preparation of the ground, installation and maintenance of vegetative ground cover (including gardens) which complies with Sections 8.28.010 and 8.36.010 of the city of Sun Prairie code of ordinances. Lawn care is not permitted in certain permanently protected green space areas, see Section 17.16.040.

a.

Permitted by right (all districts).

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: Not applicable.

17.

Individual Septic Disposal System. Description: This land use includes any state-approved septic disposal system.

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (all districts):

i.

Minimum lot size of five-tenths acres;

ii.

Shall comply with Chapter 17.28 regarding protection measures for natural resources;

iii.

No available public sewage disposal system within one thousand (1,000) feet of any point on the subject property;

iv.

Development shall attach to public sewage disposal system within one year of its availability (as determined by the director of public works) to the subject property. Each building shall install and continually maintain a conventional sewage system tap-in line upon development, so as to facilitate hook-up to the public system upon its availability;

v.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

18.

Common Private Sewage Disposal System. Description: These include all state-approved common private sewage disposal systems.

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (RH-35ac, CR-5ac, ER-1):

i.

No available public sewage disposal system within two thousand five hundred (2,500) feet, or otherwise economically prohibitive as determined by the city engineer;

ii.

Shall comply with Chapter 17.28 regarding protection measures for natural resources;

iii.

Shall provide for the eventual hook-up to a public sewage treatment system;

iv.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

19.

Home Occupation. Description: Home occupations are economic activities performed within any dwelling unit which comply with the following requirements and are compatible with the character of nearby residential areas. Examples include personal and professional services, handicrafts and other items produced on-site, and the sale of Tupperware, Shaklee, Amway, and Avon products or other similar activities that are customarily conducted from a residence as determined by the zoning administrator, which comply with all of the special use regulations listed under subsection (19)(b) of this section. Certain home occupations by their very nature require additional review and public hearing comment through the conditional use process to ensure the promotion of the public health, safety, comfort, and welfare. These uses are listed under subsection (19)(c) of this section:

a.

Permitted by right: Not applicable.

b.

Special use regulations (all districts).

i.

The home occupation shall not be conducted on any porch, deck, patio or other unenclosed or partially-enclosed portion of the dwelling unit or lot, nor shall any use other than storage be conducted in any accessory structure except the garage.

ii.

No more than twenty-five percent (25%) of the total living area of the dwelling (exclusive of garage and porch areas) shall be used for the home occupation and/or storage for a business conducted elsewhere.

iii.

No alterations or improvements to the home which are designed to meet commercial or industrial standards or which substantially alter the residential character of the structure shall be permitted.

iv.

Signs shall comply with Section 17.40.050.B, sign regulations applicable to home occupations.

v.

No on-site production shall be conducted which is typically only permitted in the industrial zoning districts.

vi.

In no instance shall a home occupation create a nuisance for neighboring properties. There shall be no noise, odor, dust, vibration, smoke, glare, television or radio interference, electrical interference, fire hazard, traffic, or any other hazard emanating from the dwelling so as to create a nuisance other than that usually experienced in a typical dwelling under normal circumstances wherein no home occupation exists.

vii.

The sale of goods from the location of the home occupation shall be limited to items produced on-site and the sale of Tupperware, Shaklee, Amway, and Avon products or other similar activities that are customarily conducted from a residence as determined by the zoning administrator. No more than two customers (or two parties of customers) shall be within the residence at any one time. In addition, two group gatherings or sales shall be permitted per calendar year. Goods intended for sale off-site may be delivered by passenger motor vehicle or by parcel or letter carrier mail service using vehicles typically employed in residential deliveries. The direct sale of goods produced off-site other than those described above to the consumer from the dwelling is prohibited.

viii.

The provision of services at the location of the home occupation shall be conducted on an appointment basis only. No more than two customers (or two parties of customers) shall be within the residence at any one time. In addition, two group gatherings shall be permitted per calendar year.

ix.

The home occupation shall be conducted by a resident of the dwelling unit, and no more than one other person shall be employed, on either a part-time or full-time basis, in the business.

x.

A minimum of two off-street parking spaces reserved for business use shall be provided on-site for home occupations engaged in the provision of a service, the sale of items produced on site, or the sale of Tupperware, Shaklee, Amway, and Avon products or other similar activities that are customarily conducted from a residence as determined by the zoning administrator.

xi.

No more than two home occupations shall be carried on in any single-family detached dwelling unit and associated accessory structures, and no more than one home occupation shall be carried on in any attached dwelling unit and associated accessory structures.

xii.

Property owner's written permission is required as part of the special use application.

c.

Conditional use regulations (all districts). Any home occupation that involves one or more of the following activities shall comply with standards listed in subsection (19)(b) of this section and Section 17.44.050, procedures applicable to all conditional uses:

i.

The handling of food or foodstuffs;

ii.

The handling or growing of live plant or vegetation;

iii.

The handling, use, or production of noxious, toxic, or harmful materials including weapons and/or other dangerous objects;

iv.

The care or treatment of animals, including birds, fowl, fish, and reptiles;

v.

The care or treatment of humans; except day care uses which shall comply with subsections 17.16.140(21) and (22), family and intermediate day care homes.

20.

On-Site Composting. Description: Includes all collection, storage, and processing of vegetation wastes between five and twenty (20) cubic yards.

a.

Permitted by right: Not applicable to facilities less than five cubic yards.

b.

Special use regulations (all districts):

i.

Shall be limited to no more than twenty (20) cubic yards of total collection, storage and processing area, all of which shall be located a minimum of five feet from all property lines;

ii.

Shall not involve food scraps or other vermin-attracting materials;

iii.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations: Not applicable.

21.

Family Day Care Home (Four to Eight Children). Description: Family day care homes are occupied residences in which a qualified person or persons provide child care for four to eight children. The care of less than four children is not subject to the regulations of this title.

a.

Permitted by right (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12).

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: Not applicable.

22.

Intermediate Day Care Home. Description: Intermediate day care homes are occupied residences in which a qualified person or persons provide child care for nine to fifteen (15) children.

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12):

i.

Minimum lot size seven thousand two hundred (7,200) square feet;

ii.

Minimum of one hundred forty (140) square feet of living space per child;

iii.

Minimum of one hundred (100) square feet of fully enclosed outside play area shall be provided per child at maximum permitted occupancy;

iv.

Property owner's permission is required to operate facility on rental property;

v.

Shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

23.

Migrant Labor Camp. Migrant labor camps include any facility subject to the regulation of Section 103.90, Wisconsin Statutes.

a.

Permitted by right: Not applicable.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations (RH-35ac, HI).

i.

Shall be surrounded by a bufferyard with a minimum opacity of eight-tenths along all property lines adjacent to all properties in residential, office or commercial zoning districts;

ii.

Migrant labor camp shall be an accessory use to an active principal use, under the same ownership, which is located within the city;

iii.

Shall comply with Section 17.44.050; standards and procedures applicable to all conditional uses.

24.

Private Outdoor Cafe.

a.

Description: Any outdoor dining area that is located on private property and operated adjacent to and in conjunction with an indoor commercial entertainment use as defined in Section 17.16.100 of the zoning ordinance, in which the sale of alcohol beverages accounts for less than fifty percent (50%) of their gross receipts.

b.

Special use regulations: (NC, SC, UC, CC, PD). A private outdoor cafe special use permit shall be granted only to the operator of a restaurant which is in compliance with the City of Sun Prairie Code of Ordinances, and is licensed by the Wisconsin Department of Health and Family Services to operate a restaurant pursuant to Chapter 254, Wisconsin Statutes.

In addition to the application procedures applicable to all special uses as described in Section 17.44.040, an application for a private outdoor cafe special use permit shall include a detailed drawing to scale of the proposed site indicating the following: the existing facade, the points of ingress and egress, the proposed location of the tables, chairs, serving equipment, planters, borders, awnings, umbrellas and other facilities to be included in the seating area. The drawings must also include the location of existing public improvements, including fire hydrants, street signs, street lights, utilities, traffic signals, mail boxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions and any other public obstruction.

i.

A private outdoor cafe may only be open between the hours of seven a.m. and ten p.m. on any day unless alternative times are specifically requested by the applicant and approved by the common council through a conditional use permit.

ii.

A private outdoor cafe must be located on an impervious surface or hard all-weather decking material.

iii.

Reserved.

iv.

Reserved.

v.

Reserved.

vi.

Reserved.

vii.

The private outdoor cafe shall be accessible to the disabled, and the permit holder shall at all times comply with all applicable federal, state and city laws, ordinances and regulations concerning accessibility and nondiscrimination in the providing of service.

viii.

Reserved.

ix.

Reserved.

x.

The private outdoor cafe shall not have an undue adverse impact upon nearby property, the character of the neighborhood, traffic conditions, parking or other matters affecting the public health, safety, welfare, or convenience.

xi.

It shall be assumed that an outdoor dining area is a privilege and not a right. The city shall have the right to prohibit the operation of an outdoor dining area at any time because of anticipated or unanticipated problems or conflicts with the use of the private outdoor area.

xii.

As stated above, private outdoor cafe permits are to be considered a privilege and not a right. The private outdoor cafe special use permit may be revoked by the city council following notice of the permittee. The special use permit may be revoked if one or more conditions outlined in this section have been violated, or if the private outdoor cafe area is being operated in a manner which constitutes a public nuisance not specifically outlined in this section. Following the revocation of private outdoor cafe permit, no application for the same site shall be filed within one year from the date of revocation.

xiii.

Private outdoor cafes permitted under this section may play amplified music, whether live or recorded and may have speakers, microphones, televisions or other audio or video devices provided all noise standards established in Section 17.36.090 are met for daytime hours and stationary noise limits established in Section 8.32.030 are met for nighttime hours. Daytime hours for private outdoor cafes shall be defined as seven a.m. to ten p.m.

xiv.

Additional parking shall not be required due to the addition of a private outdoor cafe. For outdoor seating in excess of thirty (30) seats, the city may determine that additional parking is necessary and require that such parking be provided.

xv.

Lighting to serve outside seating areas shall comply with the zoning ordinance Section 17.36.070, Exterior lighting standards.

xvi.

Reserved.

xvii.

All signage associated with the private outdoor cafe area, including menu boards and signage on awnings, canopies and umbrellas, and other fixtures, must comply with the zoning ordinance Chapter 17.40, Signage Regulations.

xviii.

To contain food and beverage service to the cafe area, private outdoor cafe areas in which alcoholic beverages are served must be delineated by a system of enclosure not lower than three feet in height.

1.

Durability. Enclosures shall be constructed of a stable, rigid, wind-resistant, self-supporting framework, capable of containing all furniture and approved equipment within the confines of the cafe and free from any structures that may cause a tripping hazard within or outside the cafe. Hanging elements such as chains or ropes shall not be considered sufficiently stable enclosures.

2.

Maintenance. All enclosure material must be weatherproofed, attractive and in good repair, maintained in an attractive and presentable condition.

3.

Plants. Planter boxes or potted plants may be incorporated into the enclosure structure, if meeting all other requirements of this section for enclosures.

xix.

Businesses which intend to serve alcohol beverages at the private outdoor cafe must additionally meet the following requirements:

1.

The business shall hold a valid liquor license for all premises where alcohol beverages are served and consumed pursuant to Chapter 5.08 of the City of Sun Prairie Municipal Code, regulations pertaining to alcohol licensing procedures.

2.

Private outdoor cafes where alcoholic beverages are served and consumed shall be responsible for policing the area of the outdoor cafe to be sure the area is in compliance with the alcohol licensing requirements described in Chapter 5.08 of the City of Sun Prairie Code of Ordinances at all times.

25.

Sidewalk Cafe.

a.

Description: Any outdoor dining area located in any public sidewalk or right-of-way that is operated adjacent to and in conjunction with an indoor commercial entertainment use as defined in Section 17.16.100 of the zoning ordinance. Sidewalk cafes shall comply with all of the special use regulations listed under subsection (25)(b) of this section and Section 17.44.040, procedures applicable to all special uses.

b.

Special use regulations: (NC, SC, UC, CC, PD).

i.

In addition to the application procedures applicable to all special uses as described in Section 17.44.040, an application for a sidewalk cafe special use permit shall include a detailed drawing to scale of the proposed site indicating the following: the existing facade, the points of ingress and egress, the proposed location of the tables, chairs, serving equipment, planters, borders, awnings, umbrellas and other facilities to be included in the seating area. The drawings must also include the location of existing public improvements, including fire hydrants, street signs, street lights, utilities, traffic signals, mail boxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions and any other public obstruction.

ii.

No tables, chairs, fencing, or any other fixtures used in connection with a sidewalk cafe shall be attached, chained or in any manner affixed to the public area, or any other public property including street trees.

iii.

A sidewalk cafe may only be open from April 15th through October 31st and between the hours of seven a.m. and ten p.m. on any day unless alternative times are specifically requested by the applicant and approved by the common council through a conditional use permit.

iv.

A sidewalk cafe must be located on an impervious surface.

v.

The sidewalk cafe shall be accessible to the disabled, and the permit holder shall at all times comply with all applicable federal, state and city laws, ordinances and regulations concerning accessibility and nondiscrimination in the providing of service.

vi.

In no event shall the operation of, or placement of equipment or furnishings for the sidewalk cafe obstruct access to any crosswalk, mailbox, curb cut, parking space or any other public property. The furnishings or equipment shall not obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign. Whether the placement of equipment or furnishings obstructs access to any of the foregoing shall be the determination of the city.

vii.

The sidewalk cafe shall not have an undue adverse impact upon nearby property, the character of the neighborhood, traffic conditions, parking or other matters affecting the public health, safety, welfare, or convenience.

viii.

It shall be assumed that an outdoor dining area is a privilege and not a right. The city shall have the right to prohibit the operation of an outdoor dining area at any time because of anticipated or unanticipated problems or conflicts with the use of the sidewalk area. Such problems and conflicts may arise from, but are not limited to, scheduled festivals and similar events, parades, marches, or repairs to the street or sidewalk. To the extent that is possible, the permittee shall be given prior notice of any time period during which the operation of the outdoor dining area will be prohibited.

ix.

The sidewalk cafe special use permit may be revoked by the city council following notice of the permittee. The special use permit may be revoked if one or more conditions outlined in this section have been violated, or if the sidewalk cafe area is being operated in a manner which constitutes a public nuisance not specifically outlined in this section. Following the revocation of sidewalk cafe permit, no application for the same site shall be filed within one year from the date of revocation.

x.

Sidewalk cafes permitted under this section may play amplified music, whether live or recorded and may have speakers, microphones, televisions or other audio or video devices provided all noise standards established in Section 17.36.090 are met for daytime hours and stationary noise limits established in Section 8.32.030 are met for nighttime hours. Daytime hours for sidewalk cafes shall be defined as seven a.m. to ten p.m.

xi.

Additional parking shall not be required due to the addition of a sidewalk cafe area.

xii.

Sidewalk cafes are restricted to the sidewalk frontage of the abutting business establishment to which a permit has been issued.

xiii.

Lighting to serve outside seating areas shall comply with the zoning ordinance Section 17.36.070, exterior lighting standards.

xiv.

Only those furnishings or equipment authorized by the sidewalk cafe permit and shown on the approved site plan may be stored in the public right-of-way when the sidewalk cafe is not in operation. Should the permittee not utilize the sidewalk as authorized for a period of forty-eight (48) hours or more, all the tables and materials shall be removed therefrom.

xv.

The owner of an establishment that operates a sidewalk cafe shall agree in writing to maintain that portion of the right-of-way where the outside seating is located. The owner/lessee/lessor of the business establishment and the property owner shall agree in writing to hold the city harmless for any personal injury or property damage resulting from the existence or operation of, and the condition and maintenance of the right-of-way upon which any outside seating is located, and shall furnish evidence of general liability insurance in the amount of one million dollars ($1,000,000.00) per person and two million dollars ($2,000,000.00) per occurrence with the city as additional named insured.

xvi.

The city may cause the immediate removal or relocation of all or any part of the sidewalk cafe or its fixtures in emergency situations. The city, its officers, agents and employees shall not be responsible for any damages or loss of sidewalk cafe fixtures relocated during emergency situations and shall not be responsible for any loss of revenue associated with removal, costs associated with the removal, or the return and installation of any sidewalk cafe fixtures.

xvii.

No signs, including menu boards shall be permitted outside the sidewalk cafe area and not more than one sign or menu board shall be allowed for each sidewalk cafe. All signage, including the menu board and signage on awnings, canopies and umbrellas, and other fixtures, must comply with the zoning ordinance Chapter 17.40, Signage Regulations.

xviii.

To prevent additional encroachment onto public space and to contain food and beverage service to the cafe area, sidewalk cafe areas must be separated from the pedestrian walk space by a system of enclosure not lower than three feet or higher than four feet in height.

1.

Durability. Enclosures shall be constructed of a stable, rigid, wind-resistant, self-supporting framework, capable of containing all furniture and approved equipment within the confines of the cafe and free from any structures that may cause a tripping hazard within or outside the cafe. Hanging elements such as chains or ropes shall not be considered sufficiently stable enclosures.

2.

Maintenance. All enclosure material must be weatherproofed, attractive and in good repair, maintained in an attractive and presentable condition.

3.

Plants. Planter boxes or potted plants may be incorporated into the enclosure structure, if meeting all other requirements of this section for enclosures.

xix.

Outdoor dining is permitted only where the sidewalk is wide enough to adequately accommodate both the usual pedestrian traffic in the area and the operation of the proposed activity. The outdoor dining area shall leave not less than four and one-half consecutive feet of sidewalk width at every point, which is clear and unimpeded for pedestrian traffic.

xx.

Businesses .....which intend to serve alcohol beverages at the sidewalk cafe must additionally meet the following requirements:

1.

The business shall hold a valid liquor license for all premises where alcohol beverages are served and consumed pursuant to Chapter 5.08 of the City of Sun Prairie Municipal Code, regulations pertaining to alcohol licensing procedures.

2.

Sidewalk cafes where alcoholic beverages are served and consumed shall be responsible for policing the area of the outdoor cafe to be sure the area is in compliance with the alcohol licensing requirements described in Chapter 5.08 of the city of Sun Prairie Code of Ordinances at all times.

26.

Beer Garden.

a.

Description: Any outdoor seating area that is located on private property and operated adjacent to and in conjunction with a business primarily devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. Beer gardens shall comply with all of the conditional use regulations listed under subsection 26.c. of this section, and Section 17.44.050, procedures applicable to all conditional uses.

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: (NC, SC, UC, CC, PD).

i.

A beer garden conditional use permit shall be granted only to the operator of a bar or tavern which is in compliance with the city of Sun Prairie Code of Ordinances, and is licensed by the Wisconsin Department of Health and Family Services to operate said establishment pursuant to Chapter 254, Wisconsin Statutes.

ii.

In addition to the application procedures applicable to all conditional uses as described in Section 17.44.040, an application for a beer garden conditional use permit shall include a detailed drawing to scale of the proposed site indicating the following: the existing facade, the points of ingress and egress, the proposed location of the tables, chairs, serving equipment, planters, borders, awnings, umbrellas and other facilities to be included in the seating area. The drawings must also include the location of existing public improvements, including fire hydrants, street signs, street lights, utilities, traffic signals, mail boxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions and any other public obstruction.

iii.

A beer garden may only be open between the hours of seven a.m. and ten p.m. on any day unless alternative times are specifically requested by the applicant and approved by the common council through a conditional use permit.

iv.

A beer garden must be located on an impervious surface or hard all-weather decking material.

v.

All food preparation, storage, and handling shall conform to applicable health codes.

vi.

Reserved.

vii.

Reserved.

viii.

Outdoor furnishing materials and finishes shall be durable, smooth and easily cleanable and shall be kept in sound condition and good repair.

ix.

The beer garden shall be accessible to the disabled, and the permit holder shall at all times comply with all applicable federal, state and city laws, ordinances and regulations concerning accessibility and nondiscrimination in the providing of service.

x.

A beer garden shall not be permitted in a permanently protected green space area, required bufferyard, or required landscaped area.

xi.

Reserved.

xii.

The beer garden shall not have an undue adverse impact upon nearby property, the character of the neighborhood, traffic conditions, parking or other matters affecting the public health, safety, welfare, or convenience.

xiii.

It shall be assumed that an outdoor dining area is a privilege and not a right. The city shall have the right to prohibit the operation of an outdoor dining area at any time because of anticipated or unanticipated problems or conflicts with the use of the private outdoor area.

xiv.

As stated above, beer garden permits are to be considered a privilege and not a right. The beer garden conditional use permit may be revoked by the city council following notice of the permittee. The conditional use permit may be revoked if one or more conditions outlined in this section have been violated, or if the beer garden area is being operated in a manner which constitutes a public nuisance not specifically outlined in this section. Following the revocation of beer garden permit, no application for the same site shall be filed within one year from the date of revocation.

xv.

Beer gardens permitted under this section may play amplified music, whether live or recorded and may have speakers, microphones, televisions or other audio or video devices provided all noise standards established in Section 17.36.090 are met for daytime hours and stationary noise limits established in Section 8.32.030 are met for nighttime hours. Daytime hours for beer gardens shall be defined as seven a.m. to ten p.m.

xvi.

Beer garden seating will be included when figuring the restaurant's off-street parking requirement. Additional parking shall not be required due to the addition of a beer garden. For outdoor seating in excess of thirty (30) seats, the city may determine that additional parking is necessary and require that such parking be provided.

xvii.

Lighting to serve outside seating areas shall comply with the zoning ordinance Section 17.36.070, Exterior lighting standards.

xviii.

Reserved.

xix.

All signage associated with the beer garden area, including menu boards and signage on awnings, canopies and umbrellas, and other fixtures, must comply with the zoning ordinance Chapter 17.40, Signage Regulations.

xx.

The beer garden area must be delineated by a system of enclosure not less than five feet high. The city may require portions of the enclosure to be solid or higher than five feet to lessen potential conflicts with adjacent uses.

1.

Durability. Enclosures shall be constructed of a stable, rigid, wind-resistant, self-supporting framework, capable of containing all furniture and approved equipment within the confines of the cafe and free from any structures that may cause a tripping hazard within or outside the cafe. Hanging elements such as chains or ropes shall not be considered sufficiently stable enclosures.

2.

Maintenance. All enclosure material must be weatherproofed, attractive and in good repair, maintained in an attractive and presentable condition.

3.

Plants. Planter boxes or potted plants may be incorporated into the enclosure structure, if meeting all other requirements of this section for enclosures.

xxi.

All parts of the outdoor area are more than one hundred (100) feet from all structures used for residential purposes, except the outdoor area does not have to be any distance from residential uses located in a structure which would be part of the licensed premises.

xxii.

The business shall hold a valid liquor license for all premises where alcohol beverages are served and consumed pursuant to Chapter 5.08 of the city of Sun Prairie Municipal Code, regulations pertaining to alcohol licensing procedures.

27.

"Unattended donation bin" means any unattended container, receptacle, or similar device placed outdoors used for soliciting and collecting donations of clothing or other salvageable personal property. This term does not include structures such as, but not limited to, post office mail drop boxes, bill payment drop boxes, library collection boxes, recycling boxes, temporary portable shipping containers, or unattended donation bins located entirely within the interior of a building.

a.

Permitted by right: Not applicable.

b.

Special use regulations (SO, NC, SC, UC, SI, UI, HI, PD): Generally, unattended donations bins are prohibited, except as follows:

i.

The donation bin(s) shall be for use by and shall be placed on property occupied by a duly registered charitable, nonprofit organization; and

ii.

The donation bin(s) shall be constructed of metal, steel, wood or a similar durable material.

iii.

No more than two donation bins may be placed on the premises.

iv.

The donation bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.

v.

Each donation bin shall be placed a minimum of ten (10) feet from the property line and behind the required front yard setback of the zoning district within which the bin is located, whichever is greater, and in a manner that:

(a)

Does not interfere with traffic visibility or on-site vehicle circulation;

(b)

Does not reduce the number of parking spaces required for the property below the minimum number of parking spaces required this title; and

vi.

All donated items must be collected and stored in the donation bin(s). Donated items or materials shall not be left outside of donation bins and the area around each bin shall be maintained by the owner or operator, free of litter and any other undesirable materials. Any donated material outside of the donation bins shall be removed on a daily basis.

vii.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

c.

Conditional use regulations: Not applicable.

28.

Keeping of Bees. Description: The keeping of honey bees land use includes the installation and maintenance of hives for the common domestic honey bee Apis mellifera species for the purpose of plant pollination, establishing new bee colonies, and producing honey, beeswax, and other hive products for personal use. Bees may be kept in any zoning district in accordance with the standards in subsection 28.b., below.

a.

Permitted by right: Not applicable.

b.

Special use regulations: ER-1, RH-35ac, SR-4, MR-8, UR-12, SO, NC, SC, UC, CC, SI, UI, HI, PD:

i.

Honey bee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.

ii.

No more than four hives may be located on a lot.

iii.

No hive shall exceed twenty (20) cubic feet in volume.

iv.

Each beekeeper shall ensure no wax combs or other material that might encourage robbing by other bees are left upon the grounds of the apiary lot. Such materials once removed from the site shall be handled and stored in sealed containers, or placed within a building or other insect-proof container.

v.

Beekeeping equipment is restricted to the area behind the principal building and rooftops.

vi.

Equipment shall be screened to avoid being visible from the street or sidewalk.

vii.

No hive shall be located closer than five feet from any side or rear property line.

viii.

No hive shall be located closer than fifteen (15) feet from a public sidewalk, bike path or alley or twenty-five (25) feet from a principal building on an abutting lot.

ix.

Rooftop apiaries are allowed but shall not be located closer than fifteen (15) feet from a principal building on an adjoining lot in different ownership.

x.

A constant supply of water shall be provided for all hives on site during the active season. Water sources shall not include trickling hoses. The water sources shall include suitable floating wood or plants, or rocks for the bees to land on.

xi.

A flyway barrier at least six feet in height shall shield any part of a property line that is within twenty-five (25) feet of a hive. The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof and it shall be positioned to transect both legs of a triangle extending from an apex at the hive to each end point of the part of the property line to be shielded. The barrier shall further comply with any applicable fence regulations contained in this Code of Ordinances.

xii.

In the apiaries, the beekeeper shall conspicuously post a sign including the words "HONEY BEE HIVE" and his/her name and telephone number clearly readable at twenty-five (25) feet.

xiii.

No more than ten (10) special use permits will be approved and in effect at any given time in the city.

c.

Conditional use regulations: Not applicable.

29.

Keeping of Chickens as a Residential Accessory Use. Description: The keeping of chickens as a residential accessory use includes the keeping of female chickens (ie, hens) within a rear yard of a single-family home for personal use and enjoyment. Chickens may be kept on single-family lots within any residential zoning district, or within a Planned Development District that is designated for single-family homes, unless expressly prohibited by an approved general development plan.

a.

Permitted by right: Not applicable.

b.

Special use regulations: RH-35ac, CR-5ac, ER-1, SR-4, MR-8, UR-12, PD

i.

Chickens shall be permitted only on lots containing a single dwelling unit.

ii.

A livestock premises registration from the Wisconsin Department of Agriculture, Trade and Consumer Protection is required prior to the issuance of a special use permit.

iii.

No more than four hens may be kept on a lot. Roosters are not permitted.

iv.

Chickens shall be provided a covered coop/fenced enclosure that meets the size and location criteria enumerated herein. Chickens may be allowed outside of the coop/enclosure provided the rear yard is completely enclosed by a six foot high fence, or a combination of fencing and buildings at least six feet in height, and the chickens are returned to the coop/enclosure nightly.

v.

Coops/enclosures must be kept clean, dry and free of offensive odors.

vi.

Coops/enclosures shall be designed and maintained to be well-drained so they will not have standing water.

vii.

Animal waste must be bagged and disposed of in city refuse collection carts.

viii.

Coops/enclosures shall be located only in rear yards, and shall be setback a minimum of fifteen (15) feet from all property lines.

ix.

The combined area of the coop and enclosure shall provide a minimum of sixteen (16) square feet per chicken, but shall not exceed one hundred twenty (120) square feet in area. No coop structure shall exceed fifty (50) square feet in area.

x.

No coop/enclosure shall exceed twelve (12) feet in height from grade, and must be either placed on a paved surface or raised off the ground at least twenty-four (24) inches.

xi.

Feed shall not be stored within the coop or enclosure, and shall be kept in such a manner as to discourage the attraction of rodents and pests.

xii.

The slaughtering or butchering of chickens kept pursuant to this section is prohibited and will be considered a public nuisance.

xiv.

All persons keeping chickens pursuant to this ordinance shall obtain and continually maintain a chicken-keeping license per the requirements outlined in Title 6 of the Sun Prairie Code of Ordinances. Any property for which a special use permit is issued for the keeping of chickens shall be subject to inspection by the city upon reasonable notice. Violations of the provisions of this ordinance shall be corrected within a reasonable timeframe upon written notice of violation from the city. An approved special use permit may be revoked by the zoning administrator for failure to comply with the provisions of this ordinance. If a permit is revoked, the chickens shall be removed from the property within thirty (30) days.

c.

Conditional use regulations: Not applicable.

30.

Keeping of Chickens as an Accessory Use at Public and Private Schools. Description: The keeping of chickens as an institutional accessory use involves the keeping of female chickens (ie, hens) for educational purposes at public or private schools.

a.

Permitted by right: Not applicable.

b.

Special use regulations: All districts.

i.

Chickens shall be allowed at a public or private school operating within full compliance of an active conditional use permit.

ii.

A livestock premises registration from the Wisconsin Department of Agriculture, Trade and Consumer Protection is required prior to the issuance of a special use permit.

iii.

No more than fifteen (15) hens may be kept at any school. Roosters are not permitted.

iv.

Chickens shall be provided and kept within a covered coop and fenced enclosure at all times.

v.

Coops/enclosures must be kept clean, dry and free of offensive odors.

vi.

Coops/enclosures shall be designed and maintained to be well-drained so they will not have standing water.

vii.

Animal waste must be bagged and disposed of in city refuse collection carts.

viii.

The combined area of the coop and enclosure shall provide a minimum of sixteen (16) square feet per chicken, but shall not exceed five hundred (500) square feet in area.

ix.

Coops shall be located to minimize visibility and impact on adjacent residential properties and any public street, and shall be set back a minimum of thirty (30) feet from all property lines.

x.

No coop shall exceed fifteen (15) feet in height from grade, and must be either placed on a paved surface or raised off the ground at least twenty-four (24) inches.

xi.

Feed shall not be stored within the coop or enclosure, and shall be kept in such a manner as to discourage the attraction of rodents and pests.

xii.

The slaughtering or butchering of chickens kept pursuant to this section is prohibited and will be considered a public nuisance.

xiii.

Any school keeping chickens pursuant to this ordinance shall obtain and continually maintain a chicken-keeping license per the requirements outlined in Title 6 of the Sun Prairie Code of Ordinances. Any property for which a special use permit is issued for the keeping of chickens shall be subject to inspection by the city upon reasonable notice. Violations of the provisions of this ordinance shall be corrected within a reasonable timeframe upon written notice of violation from the city. An approved special use permit may be revoked by the zoning administrator for failure to comply with the provisions of this ordinance. If a permit is revoked, the chickens shall be removed from the property within thirty (30) days.

c.

Conditional use regulations: Not applicable.

31.

Ground-mounted solar energy system. Description: A solar photovoltaic system mounted on a rack or pole that is ballasted on, or is attached to, the ground and the system is accessory to the primary use.

a.

Permitted by right (all districts).

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: Not applicable.

32.

Roof-mounted solar energy system. Description: A solar photovoltaic system mounted on a rack that is ballasted on, or is attached to, the roof of a building or structure

a.

Permitted by right (all districts).

b.

Special use regulations: Not applicable.

c.

Conditional use regulations: Not applicable.

(Ord. No. 945, § 4, 2-20-2024; Ord. No. 922, § 1, 9-19-2023; Ord. No. 896, § 2, 7-22-2022; Ord. No. 879, § 4, 2-15-2022; Ord. No. 698, § 3, 9-19-2017; Ord. 615, § 4, 10-6-2015; Ord. 608, § 1, 6-16-2015; Ord. 572, § 1, 8-19-2014; Ord. 513, § 2, 11-20-2012; Ord. 434, § 2, 6-15-2010; Ord. 341, § 1, 11-6-2007; Ord. 270, § 1, 9-19-2006; Ord. 262, § 1, 6-20-2006; Ord. 200, § 1.B., 6-21-2005; Ord. 435 (part), 1998; prior code § 13-4-6(h))

A.

Contractor's Project Office. Description: Includes any structure containing an on-site construction management office for an active construction project.

1.

Permitted by right: Not applicable.

2.

Special use regulations (all districts):

a.

Structure shall not exceed two thousand (2,000) square feet in gross floor area;

b.

Facility shall be removed within ten (10) days of completion or ceasing of development activity;

c.

Shall not be used for sales activity (see subsection (C) of this section);

d.

Projects requiring such land use to be in place for more than three hundred sixty-five (365) days shall require conditional use approval per Section 17.44.050;

e.

Shall comply with Section 17.44.040, standards and procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable, except per subsection A.2.d. of this section.

B.

Contractor's On-Site Equipment Storage Facility. Description: Includes any structure or outdoor storage area designed for the on-site storage of construction equipment and/or materials for an active construction project.

1.

Permitted by right: Not applicable.

2.

Special use regulations (all districts):

a.

Facility shall be removed within ten (10) days of the completion or ceasing of development activity;

b.

Projects requiring such land use to be in place for more than three hundred sixty-five (365) days shall require conditional use approval per Section 17.44.050;

c.

Shall be limited to a maximum area not exceeding ten percent (10%) of the property's gross site area;

d.

Shall comply with Section 17.44.040, standards and procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable, except per subsection B.2.b. of this section.

C.

Relocatable Building. Description: Includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving for more than six months shall be considered conditional uses subject to the general standards and procedures of Section 17.44.050.)

1.

Permitted by right: Not applicable.

2.

Special use regulations (SO, NC, SC, UC, CC, SI, UI, HI):

a.

Shall conform to all setback regulations;

b.

Shall conform to all building code regulations;

c.

Shall comply with Section 17.44.040, standards and procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable, except as described above.

D.

On-Site Real Estate Sales Office. Description: Includes any building which serves as an on-site sales office for a development project.

1.

Permitted by right: Not applicable.

2.

Special use regulations (all districts):

a.

Structure shall not exceed five thousand (5,000) square feet in gross floor area;

b.

Facility shall be removed or converted to a permitted land use within ten (10) days of the completion of sales activity;

c.

Signage shall comply with the requirements for temporary signs in Section 17.40.060;

d.

Projects requiring such land use to be in place for more than three hundred sixty-five (365) days shall require a conditional use approval per Section 17.44.050;

e.

Shall comply with Section 17.44.040, standards and procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable, except per subsection D.2.d. of this section.

E.

Temporary Outdoor Display and Sales. Description: Includes the temporary display and sale of any items outside the confines of an enclosed building which is not otherwise regulated by the city of Sun Prairie Code of Ordinances. (See Sections 5.32.020, 5.36.010 through 5.36.040, 5.52.010, 5.64.010 through 5.64.050 and Chapter 12.24 of the Municipal Code for uses such as transient and temporary public entertainments (shows, circuses, exhibitions, carnivals, and vaudeville), garage sales, flea markets, street uses (block parties, street dances, and civic events), and direct sellers (persons without a permanent business location in the city).) Temporary display and sales land uses include the temporary display of items normally available indoors for sale on the premises such as clothing and toys displayed for a special sale, seasonal items such as lawn and garden equipment, snow blowers, and bagged goods typically displayed outdoors during the season in which they are used, and farm or nursery related seasonal goods which may not normally be available for sale on the premises such as Christmas trees, pumpkins, flowers or farm products. Temporary sales not accessory to a principal use on the site are prohibited except for the temporary sale of seasonal farm or nursery products which may be unrelated to the principal use or conducted on vacant or unused lots or unless approved as a conditional use per Section 17.44.050. Temporary display and sales land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junk yard or salvage yard, (see subsection 17.16.110(D)), those regulated elsewhere in the Municipal Code, or other temporary uses such as contractor's project office, contractor's on-site equipment storage facility, relocatable building, on-site real estate sales office, and outdoor assembly described in subsections A., B., C. and F. of this section.

1.

Permitted by right: Not applicable.

2.

Special use regulations (NC, SC, UC, CC, SI, UI):

a.

Temporary display and sales shall be limited to a maximum of one hundred eighty (180) days including set-up/removal time in any calendar year for any group development or lot. The one hundred eighty (180) days need not be consecutive but a new special use permit is required for each event;

b.

The display and sales shall not be permitted in permanently protected green space areas, required bufferyards, or landscaped areas;

c.

Adequate parking shall be provided;

d.

Signs, screening materials, enclosures, landscaping, or the materials being displayed shall not interfere in any manner with either the on-site or off-site traffic visibility, including potential traffic/traffic and traffic/pedestrian conflicts;

e.

Any support fixtures used for the outdoor display and sales shall be removed from the lot or stored indoors when not in use;

f.

Signage shall comply with the requirements for temporary signs in Section 17.40.060;

g.

In no instance shall a temporary outdoor display and sales area create a nuisance for neighboring properties, particularly in terms of noise, light or traffic;

h.

Shall comply with Section 17.44.040, procedures applicable to all special uses.

3.

Conditional use regulations (NC, SC, UC, CC, SI, UI): Shall be required if the temporary outdoor display or sales is not accessory to the principal use and is other than seasonal farm or nursery products.

F.

Outdoor Assembly. Description: Includes any organized outdoor assembly activity of more than one hundred (100) persons on private property.

1.

Permitted by right: Not applicable.

2.

Special use regulations (RH-35ac, SO, NC, SC, UC, CC, SI, UI):

a.

Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances;

b.

Signage shall comply with the requirements for temporary signs in Section 17.40.060;

c.

Adequate parking, drinking water, and toilet facilities shall be provided, and shall be described in the application;

d.

If subject property is located adjacent to a residential area, activities shall be limited to daylight hours;

e.

Adequate provisions for crowd control shall be made, and shall be described within the application;

f.

Shall comply with Section 17.44.040, standards and procedures applicable to all special uses.

3.

Conditional use regulations: Not applicable.

(Ord. 513, § 2, 11-20-2012; prior code § 13-4-6(i))

For all land uses, disruption to natural resource areas shall comply with the requirements of Sections 16.28.060, 16.28.080 and 16.32.120 of the land division regulations pertaining to drainage, grading and erosion control. All land uses located within permanently protected green space areas shall comply with the following regulations:

A.

Cultivation.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (other permanently protected green space areas): Permitted only if designated on the submitted site plan, and/or the recorded plat or certified survey as an "area which may be used for cultivation."

B.

Passive Outdoor Public Recreational Area.

1.

Permitted by right: Not applicable.

2.

Special use regulations (all permanently protected green space areas):

a.

Limited to a twenty-foot wide area in permanently protected natural resource areas. Permitted in other permanently protected green space areas without restriction;

b.

Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas beyond such twenty-foot wide area.

3.

Conditional use regulations: Not applicable.

C.

Active Outdoor Public Recreational Area.

1.

Permitted by right: Not applicable.

2.

Special use regulations (other permanently protected green space areas): Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

3.

Conditional use regulations: Not applicable.

D.

Outdoor Institutional.

1.

Permitted by right: Not applicable.

2.

Special use regulations (Other permanently protected green space areas): Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

3.

Conditional use regulations: Not applicable.

E.

Lawn Care.

1.

Permitted by right: Domestic lawn grasses may be used to establish a viewing or access corridor that is no greater than thirty (30) feet wide for every one hundred (100) feet of shoreline frontage per Section 17.28.050(D)(3)(b), otherwise not applicable.

2.

Special use regulations (other permanently protected green space areas): Nonnative ground cover shall not be permitted to spread into permanently protected natural resource areas. Clearance of understory growth shall be permitted.

3.

Conditional use regulations (all permanently protected natural resource areas):

a.

Only disturbance associated with the care of native vegetation is permitted, with the exception of a twenty-foot wide access path which may be cleared for passive recreation purposes;

b.

Each property abutting a natural resource area shall be limited to one such access path;

c.

Nonnative vegetation (such as domestic lawn grasses) shall not be introduced into natural resource areas beyond such twenty-foot wide access path.

F.

Golf Course.

1.

Permitted by right: Not applicable.

2.

Special use regulations (other permanently protected green space areas): Nonnative vegetation shall not be permitted to spread into permanently protected natural resource areas.

3.

Conditional use regulations (all permanently protected natural resource areas). Only disturbance associated with the care of native vegetation is permitted. Natural resource areas which are located within or adjacent to golf play areas shall be incorporated into the course design as out-of-bounds play hazards, and shall be maintained in their natural state.

G.

Any Permitted Temporary Use.

1.

Permitted by right: Not applicable.

2.

Special use regulations (other permanently protected green space areas): Activity shall in no manner encroach upon permanently protected natural resources areas. Party securing the temporary use permit shall be responsible for restoring all such natural resource areas to an undamaged state, or shall be considered in violation of the provisions of the ordinance codified in this title. (See Section 17.48.060.)

3.

Conditional use regulations: Not applicable.

H.

Drainage Structure.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (all permanently protected green space areas):

a.

Structure shall be deemed necessary by the city engineer;

b.

Natural vegetation shall be restored in disturbed areas.

I.

Filling.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (all permanently protected green space areas):

a.

Filling in the floodway shall be done only as required by a necessary road, bridge, utility, or other infrastructure facility which has been deemed necessary by the city engineer;

b.

Natural vegetation shall be restored in disturbed areas;

c.

In no instance shall filling raise the base flood elevation.

J.

Individual Septic Disposal System.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (ridgetops): Shall not locate closer than thirty (30) feet to any other permanently protected natural resource area.

K.

Common Sewage Disposal System.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (ridgetops, other permanently protected green space areas): Shall not locate closer than thirty (30) feet to any other permanently protected natural resource area.

L.

Road and/or Bridge.

1.

Permitted by right: Not applicable.

2.

Special use regulations: Not applicable.

3.

Conditional use regulations (all permanently protected green space areas):

a.

May locate in or across a natural resource areas only in conjunction with a boat landing, or when deemed essential by the city engineer;

b.

May locate in other permanently protected green space areas if designed to provide an essential service to an activity area located within the green space area which cannot be efficiently reached from another point;

c.

In general, road networks shall be designed to circumvent permanently protected green space areas, thereby eliminating the need for intrusions and crossings.

M.

Utility Lines and Related Facilities.

1.

Permitted by Right: Not applicable.

2.

Special Use Regulations: Not applicable.

3.

Conditional use regulations (all permanently protected green space areas):

a.

May locate in or across a natural resource areas only when deemed essential by the city engineer;

b.

May locate in other permanently protected green space areas if designed to provide an essential service to an activity area located within the green space area which cannot be efficiently reached from another point;

c.

In general, utility lines shall be designed to circumvent permanently protected green space areas, thereby eliminating the need for intrusions and crossings.

(Ord. 567, § 2, 7-8-2014; Ord. 2012-16, § 1(part), 2012; Prior code § 13-4-6(j))

A.

Definition: A nonconforming use is an active and actual use of land or structures, or both; legally established prior to the effective date of this title or subsequent applicable amendment thereto which has continued the same use to the present, and which would not be permitted under the current terms of this title.

B.

Continuance of a Nonconforming Use: Any nonconforming use lawfully existing upon the effective date of this title may be continued at the size and in a manner of operation existing upon such date, except as specified in this section.

C.

Modification of a Nonconforming Use:

1.

Except as permitted in subsection C.2. of this section, a nonconforming use shall not be expanded, or changed to another nonconforming use; unless such modification would make the nonconforming use have a more desirable effect in terms of implementing the purpose of this title (as determined by the zoning administrator). If such a modification occurs, such use shall not be modified back to the original nonconforming use, or to any other nonconforming use which does not better accomplish the purpose of this title.

2.

A nonconforming nonresidential use which is not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if such facilities are not available within one thousand (1,000) feet of the subject property, and upon the granting of a conditional use permit per the requirements of Section 17.44.050.

D.

Discontinuance of a Nonconforming Use: When any nonconforming use of any structure or land is discontinued for a period of twelve (12) months, or is changed into a conforming use, any future use of such structure or land shall be in complete conformity with the provisions of this title.

E.

Maintenance of a Nonconforming Use: The normal maintenance of a structure or land containing or related to a nonconforming use is permitted, including necessary repairs and incidental alterations which do not exacerbate the adverse impacts of the nonconforming use in relation to the purpose of this title. In no instance shall such repairs exceed fifty percent (50%) of the value of such structure or property prior to such repairs.

F.

Nonconforming Lots, Structures and Buildings: See Sections 17.24.100 and 17.24.110.

G.

Legal, Nonconforming Residential Uses in Nonresidential Districts: A legal nonconforming residential use, existing as of March 16, 1989, is eligible to be approved a conditional use within any zoning district in which it is not permitted under the regulations of Chapter 17.16 of this title. The procedure for reviewing such request shall follow the requirements of Section 17.44.050. The conditional use shall be for a specified initial time period not to exceed five years, and shall remain in effect throughout the period unless revoked for failure to comply with applicable conditions.

A conditional use issued under this section may be renewed one or more times by the zoning administrator for time periods not to exceed five years for each renewal. The zoning administrator shall grant a renewal if the applicant demonstrates continuing compliance with all requirements of this section and all applicable conditions attached to the original conditional use.

Applications for renewal shall be processed under the procedures for special use permit in Section 17.48.050. To obtain conditional use approval, the petitioner must meet the requirements of Section 17.44.050, and also must demonstrate:

1.

That the subject property and its environs are not subject to an active transition of land uses or property assemblage as a precursor to land use transition, as demonstrated by transfers of ownership, assemblage of options, or related activity; and

2.

That the subject property, including all on-site development, has been maintained so as to meet or exceed standards established by the city of Sun Prairie property maintenance ordinance.

A conditional use permit issued under this section shall not be revoked during an initial or renewed term on grounds of noncompliance with the property maintenance ordinance if the reason for noncompliance is a fire or similar disaster and the residence is promptly rebuilt or repaired to be in compliance within one hundred eighty (180) days.

Owners of more than one property may file jointly a single conditional use application under this section, provided that such properties are located within the same block and are comparable in terms of subsections (G)(1) and (2) of this section.

(Prior code § 13-4-7)

A.

Definition: A group development is any development containing two or more structures containing principal land uses (as listed in Table 17.16.040) on the same lot, and/or any single structure on a single lot which contains five or more dwelling units. Common examples of group developments include six-unit apartment buildings, apartment complexes, condominium complexes, shopping centers, and office centers. (One-building office structures, one-building commercial strip centers, four-unit apartment buildings, and other land uses in which each lot contains only one structure and where each residential building contains four or fewer dwelling units, are not group developments, even though such developments may contain parcels under common ownership.)

B.

Regulation of Group Developments: Group developments are permitted as conditional uses in all zoning districts. Any land use which is permitted within the applicable zoning district(s) is permitted to locate within a group development. The land use regulations of this section, as well as Sections 17.16.060 through 17.16.160 and all other applicable provisions of this title shall apply to the group development. The requirements of Section 17.44.050 shall apply to the review of proposals for group developments.

C.

Specific Development Standards for Group Developments:

1.

All required off-street parking spaces and access drives shall be located entirely within the boundaries of the group development.

2.

Each individual land use shall have a rear or side entrance that is accessible to a loading or service drive. Such service drive shall have a minimum width of twenty-six (26) feet. Such service drive shall not be part of the vehicle circulation network used by customers.

3.

The development shall contain a sufficient number of waste bins to accommodate all trash and waste generated by the land uses in a convenient manner.

4.

All development located within a group development shall be located so as to comply with the intent of this title regarding setbacks of structures and buildings from lot lines. As such, individual principal and accessory structures and buildings located within group developments shall be situated within building envelopes which serve to demonstrate complete compliance with such intent. Such building envelopes shall be depicted on the site plan required for review of group developments. The use of this approach to designing group developments will also ensure the facilitation of subdividing group developments in the future (if such action is so desired).

5.

Building permit limitations may be placed on the proposed development in order to assure compliance with the city's development phasing plan. Said limitations shall be detailed within a developer's agreement between the city and the developer that shall be executed prior to the issuance of any building permits.

D.

Discrimination Against Condominium Forms of Ownership: It is not the intent of this section, nor any other provision of this title, to discriminate against condominium forms of ownership in any manner which conflicts with Section 703.27, Wisconsin Statutes. As such, the provisions of this section are designed to ensure that condominium forms of ownership are subject to the same standards and procedures of review and development as other physically identical forms of development.

(Ord. 161, § 2, 9-21-2004; Ord. 565, 2001; prior code § 13-4-8)

A.

Purpose. The purpose of this section is to aid in the implementation of the recommendations contained in the duly adopted City of Sun Prairie Business District Revitalization Plan, an element of the city of Sun Prairie Master Plan 2020.

B.

Business District Revitalization Overlay District Regulations. Any change in use, demolition of an existing structure, construction of a new structure or substantial change to the exterior of any existing structure within a business district revitalization overlay district as depicted on the city of Sun Prairie official zoning map shall be allowed only after a special use permit has been granted in accordance with Section 17.44.040 of this title authorizing the proposed change in use, demolition, new construction or substantial change of the structure. A special use permit shall not be required for general maintenance of the site, or for Indoor Sales and Service Uses within existing storefront buildings in the traditional Main Street business district (between Vine Street and South Street). Special use permits shall only be granted if the Zoning Administrator determines that the proposed special use permit is consistent with the recommendations of the duly adopted City of Sun Prairie business district revitalization plan (especially pages 37 through 60 V. Recommendations for the Downtown) and the requirements of Section 17.44.040.

(Ord. No. 944, § 1, 2-20-2024; Ord. 560, § 1, 4-15-2014; Ord. 575 § 4, 2001; prior code § 13-4-9)

A.

Purpose: The purpose of this section is to aid in the implementation of the recommendations contained in the West Main Street corridor plan, an element of the city of Sun Prairie comprehensive plan, to encourage high quality redevelopment and revitalization of lands located within the Main Street corridor overlay district as established on Sheet 6 of the official zoning map per Section 17.12.170 of this title.

B.

Applicability: The provisions of this section shall provide the primary development and redevelopment regulations for properties located within the Main Street corridor overlay district boundary, and supersede other development regulations and standards contained within this title. The land use regulations of Chapter 17.16, the density and intensity regulations of Chapter 17.20, the bulk regulations of Chapter 17.24, the landscaping regulations of Chapter 17.32, the performance standards of Chapter 17.36, and the sign regulations of Chapter 17.40 shall all apply to properties located within the Main Street corridor overlay district boundary, unless otherwise regulated by the provisions of this section. Furthermore:

1.

Unless otherwise provided in this section, the provisions of the MSO shall apply to all new buildings and building additions that expand the gross floor area of an existing building by two thousand five hundred (2,500) square feet or twenty-five percent (25%), whichever is less. Smaller expansions shall conform to the provisions of the applicable base zoning district regulations, but in such instances applicants are encouraged to follow the site and building design standards contained herein to the extent practicable.

2.

The provisions of the MSO shall not apply to legally established uses and occupancies in place as of January 6, 2011, which may continue in their current configuration as legally conforming uses under the terms of the base zoning district regulations as provided in this title.

3.

The provisions of the MSO shall not apply to new businesses or tenants occupying an existing building or lease space, provided that the new use is permitted by right within the applicable base zoning district. When site and/or building modifications are proposed as part of such projects, applicants are encouraged to follow the site and building design standards contained herein to the extent practicable.

4.

The establishment of a use identified in Title 17 as a special use within the applicable base zoning district regulations that is to be established within an existing building, that does not involve new construction or a building expansion as defined above, and that is not subject to the provisions of the MSO, shall comply with the procedures for all special uses outlined in Section 17.44.040 and the base zoning district regulations per this title. Approval may be conditioned upon the correction of nonconforming site conditions such as, but not limited to, deficiencies associated with required parking and parking dimensions, landscaping deficiencies, and site paving, if deemed reasonable by the zoning administrator.

5.

The establishment of a use identified in Section 17.16.200(C)(3) shall require approval of a conditional use permit regardless of whether or not a new building or building expansion is proposed, and shall be reviewed for consistency with the provisions of the MSO and Section 17.44.050.

6.

The establishment of a use identified in Title 17 as a conditional use within the applicable base zoning district regulations, that is to be established within an existing building or site that does not involve new construction or a building expansion, and that is not subject to the provisions of the MSO, shall be regulated as a conditional use and shall comply with the procedures for all conditional uses outlined in Section 17.44.050 and the base zoning district regulations per this title. Approval may be conditioned upon the correction of nonconforming site conditions such as, but not limited to, deficiencies associated with required parking and parking dimensions, landscaping deficiencies, and site paving, if deemed reasonable.

7.

The use and expansion of single-family residences shall be exempt from the provisions of the MSO, unless or until such properties are redeveloped or converted for nonresidential use.

8.

Where a proposed use or development activity does not require review under the MSO per subsections (1) through (7), above, an applicant may request review under the provisions of the MSO at their discretion. In such instances, all provisions of the MSO district shall apply.

9.

The establishment of a use identified in Section 17.16.200(C)(4) shall be prohibited in the MSO regardless of whether or not a new building or building expansion is proposed.

C.

Land Use Regulations: The following regulations establish land uses allowed within the Main Street corridor overlay district:

1.

Permitted by right: Not applicable.

2.

Special use regulations: Unless otherwise specified herein, all uses allowed in the base zoning district applicable to any specific property shall be allowed in the MSO as special uses and shall comply with the procedures for all special uses outlined in Section 17.44.040, provided that they also comply in full with the site and building design standards contained in subsections (D) and (E) of this section, as determined by the zoning administrator. Furthermore:

a.

Land uses or development proposals that require only one variation from the site or building design standards contained in subsections (D) and (E) of this section may be approved through the special use permit process provided the zoning administrator finds that the proposed alternative compliance provisions to mitigate the variation are satisfactory.

b.

Mixed-use developments and mixed-use buildings may be considered as special uses under this section, provided that commercial uses are located on the ground level of Main Street facing facades.

c.

Senior housing facilities may be considered as special uses under this section.

3.

Conditional use regulations: Unless otherwise specified herein, all uses allowed in the base zoning district applicable to any specific property in the MSO, but that do not fully comply with the site and building design standards contained in subsections (D) and (E) of this section, may request approval as a conditional use and shall be subject to the alternative compliance provisions contained in subsection (F) of this section. All uses reviewed under this section shall also comply with the procedures for all conditional uses outlined in Section 17.44.050. In addition, the following uses and activities shall be permitted only by conditional use:

a.

Multifamily residential buildings;

b.

Tattoo or body piercing establishments, subject to the standards contained within Section 17.16.100(R) of this title;

c.

Payday lenders, subject to the standards contained within Section 17.16.100(S) of this title;

d.

Pawn shops, subject to the standards contained within Section 17.16.100(T) of this title;

e.

Household pet boarding facilities, subject to the standards contained within Section 17.16.100(U) of this title;

f.

Permanent or temporary outdoor display and sales as an accessory use, when the display area exceeds fifteen percent (15%) of the land area located within thirty (30) feet of Main Street.

4.

Prohibited uses: The following uses shall be prohibited within the MSO:

a.

Sexually oriented land uses.

b.

Outdoor maintenance service.

c.

Outdoor storage.

d.

Outdoor commercial entertainment.

e.

Boarding house.

f.

Parking lot as a principal use, excluding municipal parking.

g.

Commercial dog day care.

h.

Animal boarding.

i.

Permanent Outdoor Display and Sales as a Primary or Principal Use.

D.

Site Design Standards: The following site design standards are the minimum standards for site development and redevelopment within the MSO boundary. Unless otherwise specified herein, all development and redevelopment proposed within the MSO shall meet the following standards, or shall be subject to the alternative compliance provisions of subsection (F) herein. Building additions and remodels that are subject to compliance under this section may be exempted from some standards, if determined by the zoning administrator to be inapplicable or unreasonable due to existing site layout or conditions.

1.

A "build-to" zone of five to twenty (20) feet from the right-of-way along Main Street and all side streets intersecting with Main Street shall be met on each site to encourage buildings to have a strong visual presence along Main Street and at intersections. Greater setbacks may be required when the city engineer determines that more sight visibility at an intersection is necessary. In addition, one of the following parameters must be met:

a.

Buildings within the build-to zone shall occupy at least one-half of the buildable width of the lot along Main Street. Required side yard setbacks and driveways, if any, may be excluded from the buildable width calculations; or

b.

At least one-third of the land area within the build-to zone along Main Street shall be occupied by buildings. Required side yard setbacks and driveways, if any, may be excluded from the build-to area calculations;

c.

Under either option, private outdoor cafes, seating patios, and similar features may be counted as building area for the purposes of this section, provided they abut a building or buildings on the site.

2.

Parking shall be located behind buildings and alongside buildings, and shall not be located closer to Main Street than the front facade of the principal structure on a lot, except as provided in subsection (3)(c) of this section.

3.

Parking lots shall be buffered along the street edge/sidewalk with a landscaped edge that meets one of the following criteria:

a.

A landscaped area of at least ten (10) feet in width containing a minimum of 0.5 plant unit per one hundred (100) feet of lot frontage;

b.

A landscaped area of at least five feet in width containing a continuous hedge of twenty-four (24) to thirty-two (32) inches in height or a minimum of 1.0 plant unit per one hundred (100) feet of lot frontage; or

c.

A landscaped area of less than five feet in width, or of any width if the parking area is to be located closer to the street than the principal building on the lot, if a decorative masonry wall or a combination decorative metal fence with shrubs is provided between the parking lot and the sidewalk. In no case shall said decorative wall or fence be located closer than two feet from the public sidewalk. If the decorative metal fence with landscaping option is implemented, adequate impervious area must be provided for the landscape plantings. A landscaped area of less than five feet in width is not recommended due to issues related to maintenance, snow removal and limited growing area for landscaping, and should only be used when other options are not practical.

4.

When located adjacent to a residentially zoned property, a minimum five-foot landscaped area that includes a six-foot high screening fence and 1.0 plant unit per one hundred (100) feet shall be required along said property line. An alternative buffer may be negotiated with the adjacent landowner if an alternative to the six-foot high fence is desired.

5.

Site design and layout shall occur in a manner that allows cross access between sites to occur over time, unless site conditions such as topography make such connections impractical. Ideally, cross access would be established at the time of redevelopment or site modifications provided that the adjacent landowner is willing to participate. At a minimum, easement agreements shall be recorded for the benefit of the city and adjacent properties to allow cross access to be accommodated in the future. Cross access easements should be located a sufficient distance from Main Street so as to not cause turning conflicts that could impact traffic flow on Main Street or at a drive entrance, and should be designed to discourage cut-through traffic while still allowing mid-block circulation. The easement shall specify that the owner of the subject property shall share in the cost of the cross access drive when it is installed in the future. Said easement agreements may include provisions for the property owner to request review of the proposed cross access drive by the plan commission and city council at the time a future cross access connection is to occur, to allow consideration of concerns related to shared parking, the nature of the adjacent use, or other factors prior to installation of the cross access drive.

6.

Pedestrian connections from building entries to the street sidewalks along Main Street and side streets shall be provided.

7.

Pedestrian crosswalks shall be provided across drive-thru lanes and other main internal drives to provide safe access for pedestrians between parking areas and building entries.

8.

Drive-thru lanes shall not be located between the building and a street right-of-way unless approved as a conditional use under subsection (C)(3) of this section. Screening of drive-thru lanes to address headlights shining into street traffic lanes or nearby residential properties shall be provided. Menu boards, ATMs and vehicle idling areas shall be located a sufficient distance away from property lines so as not to be a nuisance to adjacent residential properties, and shall meet the noise standards contained in Section 17.36.090 of this title.

9.

Loading and delivery areas shall be provided on-site, and shall not be located between the principal building and the street. Loading docks shall be screened with landscaping or a decorative wall when visible from a public right-of-way or adjacent properties.

10.

Refuse collection areas shall be located toward the rear of the site to the extent practical, and shall be enclosed with a six-foot high enclosure constructed of decorative materials that are similar to or compatible with the materials used on the principal structure on the site. When attached to or located within the principal building, they shall be designed so as to appear to be an integrated component of the building. A portion of the required landscaping for the site per Chapter 17.32 of this title shall be provided in areas adjacent to the enclosure.

11.

Fueling areas and canopies associated with convenience stores/gas stations shall not be located between the principal building and the street, but rather behind or alongside the building. On corner lots, the principal building shall be located at the corner, with the fueling area along Main Street or the side street, and located no closer to the street than the principal structure. Fueling areas shall be treated as parking lots for the purpose of required screening, and shall meet the standards contained in subsections (2) through (4) of this section.

12.

Outdoor mechanical equipment and meters shall be placed so as not to be highly visible from the adjacent street(s), and shall be screened with landscaping or a decorative wall that is compatible with the architecture of the principal building. Rooftop mechanical equipment shall be screened with parapets or other decorative feature that is compatible with the architecture of the building.

13.

In addition to signs permitted per Chapter 17.40, businesses located within the MSO shall be permitted to install one projecting sign per storefront, provided:

a.

Each projecting sign shall meet the standards contained in Chapter 17.40;

b.

Projecting signs shall only be allowed within the build-to zone.

14.

Outdoor vending machines are permitted only as accessory uses on properties whose principal use is a commercial use. Vending machines do not require a zoning permit, but may need an electric permit or other approvals. Vending machines must abut an exterior wall of a building containing a commercial use, and shall be placed in an area that provides safe pedestrian access that is clear from vehicle circulation drives and parking areas.

E.

Building Design Standards: The following building design standards are the minimum standards for new buildings and building additions within the MSO boundary. Unless otherwise provided herein, all development and redevelopment proposed within the MSO shall meet these standards, or shall be subject to the alternative compliance provisions of subsection (F) herein. Said standards apply to all new construction. Building additions and remodels may be exempted from some standards, if it is determined by the zoning administrator that alternative standards are more appropriate for the specific situation.

1.

Primary building materials shall consist of high quality, long lasting materials such as brick, stone, stained or finished decorative concrete block, wood, or fiber cement materials. At least sixty percent (60%) of the surface area of building facades facing public streets or customer parking and circulation areas, excluding window openings and customer entrance doorways and associated trim, shall consist of the above building materials. Street facade treatments shall continue along side elevations to at least the first logical transition point or building offset as appropriate based on building architecture.

2.

Accent materials may consist of any materials listed above in subsection (1) as acceptable primary materials, as well as glass, decorative metal finishes, decorative composite materials, stucco or acceptable stucco-like products, and similar products that are deemed acceptable by the zoning administrator.

3.

Pitched roofs and eaves shall be finished in a traditional manner, with asphalt shingles, other decorative shingles, or standing seam metal roof materials, and eaves and soffits of typical materials and dimensions. Integrated metal roof and soffit systems that contain features such as excessively high fascia profiles shall not be allowed. Alternative designs and materials may be considered on a case-by-case basis.

4.

Flat roofs shall be finished with a decorative cornice along street facades. Parapets shall be provided as needed to augment the architecture of the building and effectively screen rooftop mechanical equipment from view from the street and surrounding properties at ground level, although other rooftop screening methods may also be acceptable.

5.

A minimum percentage of the first-floor building wall facing Main Street, measured between two and eight feet above the finished grade of the site, shall consist of transparent glass that provides visual access into the interior space of the building to a depth of at least four feet.

a.

For most commercial and institutional uses, the minimum area of transparent glass shall be fifty percent (50%).

b.

For clinics, medical or dental offices, or other uses where customer privacy is necessary, the minimum area of transparent glass shall be thirty percent (30%).

c.

For buildings with residential units on the ground level, the minimum area of transparent glass shall be thirty percent (30%).

d.

Alternative architectural solutions that continue the rhythm of windows established on the building may be included in lieu of up to fifty percent (50%) of the transparent glass requirement, if deemed acceptable by the zoning administrator.

6.

At least one customer entrance, with appropriate architectural emphasis, shall be provided on the Main Street side of the building. As an alternative, an entrance on a side facade that is located within fifteen (15) feet of the Main Street facade may be used to satisfy this requirement if architectural projections such as a decorative canopy, a projecting vestibule, or other architectural element is provided in association with the entry.

7.

Street facing facades greater than fifty (50) feet in length shall contain variations in vertical elevation at the roofline and shall incorporate either of the following measures to provide variety and visual interest along the street side of the building:

a.

Wall plane projections or recesses along the facade, with offsets in each instance of six inches or greater, creating building bays of no more than thirty-two (32) feet in width; or

b.

Architectural treatments that reflect a regular storefront rhythm along the facade of the building of no more than thirty-two (32) feet in width.

8.

New buildings shall incorporate a building base of at least two feet in height that consists of durable materials such as stone, brick or decorative concrete block, as well as architectural articulation along the eave or roofline, on all building facades.

9.

The minimum height of one-story buildings shall be eighteen (18) feet as measured from the sidewalk elevation to the top of the cornice or parapet on a flat roof building, or to the midpoint between the eave line and peak on a pitched roof.

10.

The minimum ground floor height of commercial and office spaces shall be twelve (12) feet as measured from the finished floor to the finished ceiling, and ten (10) feet for ground floor residential uses in order to accommodate future conversion or adaptation for nonresidential use.

11.

Building colors shall be limited to earth tones and muted accents that complement the primary materials of the building. Corporate colors and bright accents shall be limited to signs that fall within the wall sign parameters of the zoning ordinance.

F.

Alternative Compliance: Any proposal being reviewed under subsection (C)(3) of this section shall be subject to the alternative compliance provisions contained herein. To offset any waivers or reductions in any of the site and design standards contained in subsections (D) and (E) of this section, offsetting features such as those listed herein may be considered. Acceptance of proposed offsetting features shall be at the discretion of the plan commission and common council upon a report and recommendation from the zoning administrator.

1.

Potential offsetting features: The following features may be proposed to mitigate a proposed variation from the site and building design standards contained herein. Potential mitigating measures may include, but are not necessarily limited to, the following:

a.

The use of a garden wall or decorative fencing, in combination with higher than required levels of landscaping at the parking lot edge along Main Street, may be used to offset parking lot design and location or building placement standards.

b.

Attractively designed and articulated vertical elements that act as focal points may be incorporated into the building architecture to offset building design or building placement standards.

c.

A higher percentage of street side windows along Main Street that provide visual access into the interior of the building may be provided to offset building design standards.

d.

The incorporation of privately maintained "public" space along Main Street or a side street, such as a seating area, plaza, or unique landscape area, may be provided to offset any of the building or site design standards. Such features shall be designed in such a manner as to provide adequate visibility of all areas from the primary building on the property as well as the street and sidewalk. The designation of such spaces by easement for use by the public as a future transit stop may also be considered as an offsetting feature. Provisions to ensure that such areas are well maintained in the future, such as a performance agreement that provides for the city to step in and maintain the area in the event the property owner fails to do so, and pass maintenance costs plus administrative fees on to the property owner, may be required.

e.

Decorative paving of on-site pedestrian walkways, parking lot crosswalks, or other paved areas on the site may be used to offset any of the building or site design standards.

f.

Additional stormwater management provided on-site or underground, where deemed appropriate and of particular benefit by the city engineer to address known stormwater issues, may be provided to offset any of the building or site design standards.

g.

The provision of public art or a monument located such that it can be viewed from Main Street or the sidewalk along Main Street may be used to offset any of the building or site design standards.

h.

The incorporation of green site and building technologies, such as pervious pavement options, green roofs, solar or geothermal systems, etc., may be proposed to offset any of the building or site design standards.

i.

Other potential offsetting features may be proposed for consideration and shall be reviewed under the criteria established in subsection (F)(2) of this section.

2.

Review of proposed offsetting features: The consideration of potential offsetting features shall be considered by the plan commission and city council based upon the following criteria:

a.

Does the proposed offsetting feature(s) provide some benefit to the public, including pedestrians and motorists along Main Street?

b.

Does the proposed offsetting feature(s) improve the appearance and aesthetic experience of the site as viewed from Main Street?

c.

Does the proposed offsetting feature(s) or resulting development provide something unique or of specific interest that may draw additional customers to the MSO?

d.

Overall, does the benefit offered by the proposed offsetting feature(s) meet or exceed any potential negative effects of the proposed site or building design feature(s) being proposed to be waived or reduced?

G.

Compliance With Approved Plans: Any development approved in the Main Street overlay district under this section, as either a special use or a conditional use, that is deemed by the zoning administrator to be out of compliance with plans approved under this section shall be subject to revocation under the procedures outlined in Section 17.44.050(H) of this title.

(Ord. No. 890, § 1, 5-17-2022; Ord. 513, § 2, 11-20-2012; Ord. 450, § 2, 12-21-2010)

A.

Purpose: The purpose of this section is to aid in the implementation of the recommendations contained in the West Main Street corridor plan, a component of the city of Sun Prairie comprehensive plan, to encourage the continued residential use or the high quality reuse, redevelopment or revitalization of lands located within the Main Street live-work overlay district as established on Sheet 6 of the official zoning map per Section 17.12.190 of this title. The primary intended uses within the LWO include the continued occupancy of existing single-family residences or small multifamily buildings, and the reuse or partial reuse of existing residential properties for small office or small retail or professional service uses. New construction that approximates the scale and rhythm of the existing streetscape is also appropriate in the LWO. The LWO recognizes the importance of this segment of Main Street as a transition area between the traditional downtown located to the east of the district, and the commercial corridor to the west of the district.

B.

Applicability: The provisions of this section shall provide the primary use, development and redevelopment regulations for properties located within the Main Street live-work overlay district boundary, and supersede other development regulations and standards contained within this title. The land use regulations of Chapter 17.16, the density and intensity regulations of Chapter 17.20, the bulk regulations of Chapter 17.24, the landscaping regulations of Chapter 17.32, the performance standards of Chapter 17.36, and the sign regulations of Chapter 17.40 shall all apply to properties located within the Main Street live-work overlay district boundary, unless otherwise regulated by this section.

C.

Permitted/Prohibited Uses: The following regulations establish land uses allowed within the Main Street live-work overlay district:

1.

Permitted by right: Any existing residential, office or commercial use located within the LWO and established prior to (January 6, 2011) shall be considered a conforming use and shall be permitted to be continued in its current configuration and intensity. In addition, the following activities are permitted by right:

a.

Existing single-family homes shall be permitted to expand provided the expansion meets the dimensional requirements of the base zoning district and does not involve the creation of additional dwelling units.

b.

Multi-unit residential buildings shall be allowed to be modified to reduce the number of dwelling units within the structure by right, provided any modifications to the exterior of the building do not involve building additions or major alterations to the Main Street façade of the building.

c.

The addition of a garage or other accessory building associated with an existing residential building shall be permitted provided that the accessory building is similar to the principal building in terms of architecture and materials, and meets all dimensional requirements of the base zoning district, unless modified by the standards contained herein.

d.

Residential structures currently being used for commercial or office uses shall be permitted to be converted back to a single-family use.

2.

Special use regulations: Unless otherwise specified herein, the following activities may be permitted with the approval of a special use permit, provided that they also comply in full with the site and building design standards contained in subsections (D) and (E) of this section:

a.

Any change in use involving either the full conversion of the building or any portion of the building, provided the proposed use is permitted within the base zoning district regulations and is not listed as a prohibited use per Section 17.16.210(C)(4).

b.

The expansion of existing buildings or uses, or construction of new buildings within the LWO that do not involve combining, dividing or reconfiguring existing lots.

c.

Mixed-use arrangements where a portion of the building, whether located on the ground floor or upper floor(s), is used for residential purposes.

d.

Permanent or temporary outdoor display and sales as an accessory use, provided the display area does not exceed fifteen percent (15%) of the land area located within thirty (30) feet of Main Street.

e.

Land uses or development proposals that require only one variation from the site or building design standards contained in subsections (D) and (E) of this section may be approved through the special use permit process, provided the zoning administrator finds that the proposed design meets the general intent of the LWO district.

3.

Conditional use regulations: Unless otherwise specified herein, all uses allowed in the base zoning district applicable to any specific property in the LWO, except those specifically prohibited herein, but that do not qualify for approval as a permitted use or a special use under subsections (1) and (2) of this section, may request approval as a conditional use. Consideration of a conditional use permit request submitted under this section shall take into account the proposal's consistency with the intent of the LWO district and the compatibility of the proposed use and improvements with surrounding properties.

4.

Prohibited uses: The following uses shall be prohibited within the LWO:

a.

Sexually oriented land uses.

b.

Outdoor maintenance service.

c.

Outdoor storage.

d.

Permanent outdoor display and sales as a principal use.

e.

Outdoor commercial entertainment.

f.

Boarding house.

g.

Parking lot as a principal use, excluding municipal parking.

h.

Permanent outdoor display and sales as an accessory use.

i.

Temporary outdoor display and sales as an accessory use, when the display area exceeds fifteen percent (15%) of the land area located within thirty (30) feet of Main Street.

j.

Commercial dog day care.

k.

Animal boarding and household pet boarding.

l.

Payday lenders.

m.

Tattoo and/or body piercing establishments.

n.

Pawn shops.

o.

In-vehicle sales and service.

D.

Site Design Standards: The following site design standards are the minimum standards for site development and redevelopment within the LWO district.

1.

A build-to zone that is based on the setbacks present on adjacent properties shall be established to regulate setbacks for new buildings and building additions. The front building wall shall be located within the established build-to zone. Build-to zones shall be established as follows:

a.

For new buildings, the front wall of the building shall be located within five feet of the average of the setbacks on the two adjacent properties, but shall extend no closer to the street than the closest of the adjacent structures or five feet, whichever is greater.

b.

Building additions are discouraged on the street side of existing structures. Such additions that extend toward the street require review as a conditional use per subsection (C)(3) of this section. When allowed, such additions may encroach no more than twenty percent (20%) closer than the average of the setbacks of the two adjacent properties, and no closer to the street than the closest of the adjacent structures or five feet, whichever is greater.

c.

Open front porches and stoops that are no more than one story in height may encroach into the front setback by up to five feet, and may include a roof. However, a minimum five-foot setback must be maintained.

2.

Parking is encouraged to be located behind or along the side of buildings to the extent possible. For existing buildings with deep setbacks, up to fifty percent (50%) of an existing front yard may be paved for parking when existing residential buildings are converted or partially converted for nonresidential use, provided that no paving is located within fifteen (15) feet of the Main Street right-of-way and 0.5 plant units per one hundred (100) feet of frontage is provided within the setback area. All vehicle maneuvering shall be accommodated on-site, with no backing into the public street from on-site parking spaces.

3.

Parking areas containing more than four parking spaces shall be screened from adjacent residentially zoned properties by a minimum five-foot landscaped area that includes a six-foot high fence and 1.0 plant unit per one hundred (100) feet along the property line. An alternative buffer may be negotiated with the adjacent landowner if an alternative to the six-foot high fence is desired.

4.

Single-lane drives to rear yard parking areas shall be permitted when existing buildings are changed in use. However, such drives should be widened to two lanes near the street where possible to allow vehicles to pass while entering and exiting the site.

5.

Wall signs shall be permitted per Chapter 17.40. In addition, one freestanding monument sign shall be permitted per property. Said sign shall consist of materials and colors that are compatible with the principal building on the site, and shall be further regulated, as follows:

a.

The structure holding the sign shall be no more than eight feet in height, with the signable area of the sign limited to six feet in height;

b.

The signable area of the sign shall be limited to twenty-four (24) square feet per side;

c.

No internally lit signs shall be permitted;

d.

All other provisions of Chapter 17.40 of this title shall be adhered to.

6.

Refuse containers and/or dumpsters shall be located toward the rear of the site, and containers over ninety-five-gallon capacity shall be screened with a six-foot high enclosure. If located adjacent to residentially zoned or used property the enclosure shall meet the setback and landscaping requirements for parking areas described in subsection (D)(3) of this section. A portion of the required landscaping for the site per Chapter 17.32 of this title shall be provided in area adjacent to the enclosure.

7.

Site lighting shall be downcast and shielded to minimize impacts on adjacent residentially zoned or used properties. Fixtures on poles or mounted on structures should be no higher than fifteen (15) feet above grade.

8.

Outside mechanical equipment and meters shall not be located on the street side of the building. When visible from the right-of-way such items shall be screened with landscaping or a decorative screening wall.

9.

Outdoor vending machines are permitted only as accessory uses on properties whose principal use is a commercial use. Vending machines do not require a zoning permit, but may need an electric permit or other approvals. Vending machines must abut an exterior wall of a building containing a commercial use, and shall be placed in an area that provides safe pedestrian access that is clear from vehicle circulation drives and parking areas.

E.

Building Design Standards: The following building design standards are the minimum standards for new buildings and building additions within the LWO boundary.

1.

New buildings shall be limited to two and one-half stories or thirty (30) feet, whichever is greater. Building additions shall be no taller than the existing structure being added to.

2.

New buildings shall be gable or hipped roof structures that are compatible in scale, massing and pitch with existing buildings in the district. Building additions shall utilize similar roof styles and pitches as those found on the existing building, or alternative designs that are compatible with the existing building design as determined by the zoning administrator.

3.

Primary building materials for new structures shall consist of high quality, long-lasting materials such as brick, stone, stucco or acceptable stucco-like products, wood, or fiber cement materials. Building additions and accessory buildings shall be constructed of materials that are compatible with the existing building.

4.

New buildings shall have a residential appearance in terms of their overall scale, massing and design details.

F.

Compliance With Approved Plans: Any development approved in the live-work overlay district under this section, as either a special use or a conditional use, that is deemed by the zoning administrator to be out of compliance with plans approved under this section shall be subject to revocation under the procedures outlined in Section 17.44.050(H) of this title.

(Ord. 626, § 1, 12-15-2015; Ord. No. 451, § 2, 12-21-2010)

A.

Purpose. It is the purpose of this section to protect the drinking water supply for the city water utility by the establishment of wellhead protection zones surrounding the wellheads for existing and future well sites, which are or may be the supply sources for the city water utility's water system, and by designation and regulation of property uses and conditions that may be maintained within such zones.

B.

Applicability. This article applies to all well sites that are or are proposed to be the supply sources for the city water utility. The regulations specified in this section shall apply within the boundaries of the city.

C.

Definitions.

1.

"Existing facilities" means current facilities, practices and activities which may cause or threaten to cause environmental pollution within that portion of the city's wellhead protection area that lies within the corporate limits of the city. Existing facilities include, but are not limited to, the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is incorporated herein as if fully set forth.

2.

"New facilities" means new facilities, practices and activities, commenced subsequent to the adoption date of this ordinance [December 21, 2010], which may cause or threaten to cause environmental pollution within that portion of the city's wellhead protection area that lies within the corporate limits of the city. New facilities include, but are not limited to, the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form which is incorporated herein as if fully set forth.

3.

"Nonconforming use". See Section 17.08.040.

D.

Wellhead Protection Zone. There is hereby established a use district to be known as a wellhead protection zone, identified and described as all the area within one thousand two hundred (1,200) feet of any existing utility water supply well site or proposed site, or any part thereof, which the city has jurisdiction. The wellhead protection zones are shown on Sheet 8 of the official zoning map of the city of Sun Prairie, which together with any explanatory material thereon, is hereby incorporated by reference and made a part of this title.

Any utility water supply well site shall be adequately separated from potential sources of contamination, unless a hydrogeologic investigation indicates lesser separation distances would provide adequate protection of a well from contamination. Land uses within the wellhead protection zone shall be regulated based on the base zoning district within which a property is located, subject to the separation distances contained herein. The importance of protecting the city's water supply shall be taken into consideration when requests for rezoning property within the wellhead protection zone are made.

1.

Separation Distances. The following uses or conditions shall be and are hereby prohibited within the specified minimum separation distances:

a.

A distance of fifty (50) feet between a well and storm sewer main.

b.

A distance of two hundred (200) feet between a well and any sanitary sewer main, sanitary sewer manhole, lift station or single-family residence fuel oil tank. A lesser separation distance may be allowed for sanitary sewer mains where the sanitary sewer main is constructed of water main materials and joints, and pressure tested in place to meet current American Water Works Association (AWWA) C600 specifications. In no case may the separation distance between a well and a sanitary sewer main be less than fifty (50) feet.

c.

A distance of four hundred (400) feet between a well and a septic tank or soil absorption unit receiving less than eight thousand (8,000) gallons per day, a cemetery or a stormwater drainage pond.

d.

A distance of six hundred (600) feet between a well and any gasoline or fuel oil storage tank installation that has received written approval from the state department of commerce or its designated agent under Wis. Admin. Code, ch. COMM 10.

e.

A distance of one thousand (1,000) feet between a well and land application of municipal, commercial or industrial waste; boundaries of a land-spreading facility for spreading of petroleum-contaminated soil regulated under Wis. Admin. Code, ch. NR 718, while that facility is in operation; industrial, commercial or municipal wastewater lagoons or storage structures; manure stacks or storage structures; and septic tanks or soil absorption units receiving eight thousand (8,000) gallons per day or more.

f.

A distance of one thousand two hundred (1,200) feet between a well and any solid waste storage, transportation, transfer, incinerator, air curtain destructor, processing, wood burning, one-time disposal or small demolition facility; sanitary landfill; any property with residual groundwater contamination that exceeds Wis. Admin. Code, ch. NR 140, enforcement standards that is shown on the state department of natural resources (DNR) geographic information system registry of closed remediation sites; coal storage area; salt or deicing material storage area; gasoline or fuel oil storage tanks that have not received written approval from the department of commerce or its designated agent under Wis. Admin. Code, ch. COMM 10; bulk fuel storage facilities; and pesticides or fertilizer handling or storage facilities.

E.

Existing Facilities, New Facilities and Nonconforming Uses. Insofar as the standards in this section are not inconsistent with the provisions of Section 62.23(7)(h), Wisconsin Statutes, they shall apply to all existing facilities, new facilities, and nonconforming uses. The existing lawful use of a structure or building or its accessory use, which is not in conformity with the provisions of this section, may be continued, subject to the following conditions:

1.

No modifications or additions to a nonconforming use shall be permitted unless they are made in conformity with the provisions of this section. For the purposes of this section, the terms "modification" and "addition" shall include, but are not limited to, any alteration, addition, modification, rebuilding or replacement of any such existing structure or accessory use. Ordinary maintenance repairs are not considered structural repairs, modifications or additions; such ordinary maintenance repairs include internal or external painting, decorating, paneling and the replacement of doors, windows, and other nonstructural components.

2.

If a nonconforming use is discontinued for twelve (12) consecutive months, any future use of the land, structure or building shall conform with the appropriate provisions of this section.

3.

A new, existing, or nonconforming facility or use shall provide copies of all federal, state and local facility operation approvals or certificates and on-going environmental monitoring results to the city.

4.

Persons responsible in regards to a new, existing, or nonconforming facility or use shall provide additional environmental or safety structures/monitoring as deemed necessary by the city, which may include, but are not limited to, stormwater runoff management and monitoring.

5.

A new, existing, or nonconforming facility or use shall replace equipment or expand in a manner that improves the existing environmental and safety technologies already in existence.

6.

A new, existing, or nonconforming facility or use shall have the responsibility of devising and filing with the city a contingency plan satisfactory to the city for the immediate notification of city officials in the event of an emergency or event that has the potential to cause groundwater contamination.

7.

In the event the individual and/or facility causes the release of any contaminants, which endanger the city's water supply, the activity causing said release shall immediately cease, and cleanup satisfactory to the city shall occur, including the payment of all cost of cleanup, city consultant fees, and administrative cost for oversight, review and documentation.

8.

The individual/facility shall be responsible for all costs of cleanup, city consultant fees at the invoice amount, plus administrative costs for oversight, review and documentation.

F.

Exemptions and Waivers.

1.

Exemptions and waivers may be requested through the conditional use review and approval process.

2.

The city may require an environmental assessment report prepared by a licensed environmental engineer. Said report shall be forwarded to the zoning administrator, who shall provide a recommendation to the plan commission and city council.

3.

The individual/facility shall reimburse the city for all consultant fees associated with this review.

4.

Any exemptions granted shall be conditional and may include required environmental and safety monitoring consistent with local, state and federal requirements, and/or bonds and/or securities satisfactory to the city council.

5.

All requests for exemption shall comply with Section 17.44.050, standards and procedures applicable to all conditional uses.

G.

Administration. The provisions of this section shall be administered and enforced jointly by the city zoning administrator and the zoning code enforcement officer. They shall examine all applications for building permits for properties within a one thousand two hundred-foot radius of a municipal well site.

H.

Remedies. Compliance with the provisions of this section shall be enforced by appropriate fines and penalties. Compliance may also be enforced by injunctional suit of the city or by the owners of real estate within the district affected by the regulation.

I.

Penalties. Any person who violates any provision of this section or any order, rule or regulation made hereunder shall, upon conviction, be subject to a forfeiture and such additional penalties, as provided for in Section 1.24.010. Each day that a violation continues to exist shall constitute a separate offense. The city shall have any and all other remedies afforded by state statutes in addition to provisions of Section 1.24.010.

J.

Notice of Violation. If the administrators find that any of the provisions of this section are being violated, they shall notify, in writing by certified mail, the person responsible indicating the nature of the violation and ordering the action necessary to correct the violation. Whenever a person shall have been notified in writing that he is in violation of the provisions of this section, such person shall commence correction of all violations within ten days of notice and shall correct all violations within forty-five (45) days of notice.

(Ord. 453, § 3, 12-21-2010)