1. Use Classification System. This zoning ordinance classifies principal land uses into 5 major groupings, which are referred to as use categories:
   1. Residential.
   2. Public and Civic.
   3. Commercial.
   4. Industrial.
   5. Agricultural.
2. Use Subcategories. Each use category is further divided into more specific "subcategories." Use subcategories classify principal land uses and activities based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and site conditions.
3. Specific Uses. Some use subcategories are further broken down to identify specific use, business or activity types that are regulated differently than the parent subcategory as a whole.
4. Use-related Definitions. Use categories and subcategories are identified in the first column of the use tables. Use-related definitions of uses are included in the second column of the table.
5. Determination of Use Categories and Subcategories.
   1. The Zoning Administrator is authorized to classify uses on the basis of the use category and subcategory descriptions of this section.
   2. When a use cannot be readily classified into a use category/subcategory or appears to fit into multiple categories/subcategories, The Zoning Administrator is authorized to determine the most similar, and thus most appropriate, use category/subcategory based on the actual or projected characteristics of the principal use or activity in relationship to the use category and subcategory descriptions provided in this section. In making such determinations, the Zoning Administrator is authorized to consider:
      1. the types of activities that will occur in conjunction with the use;
      2. the types of equipment and processes to be used;
      3. the existence, number and frequency of residents, customers or employees; and
      4. parking demands associated with the use and other factors deemed relevant to a use determination.
   3. If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Zoning Administrator must categorize the use in the category, subcategory or specific use type that provides the most exact, narrowest and appropriate match.
   4. If the Zoning Administrator is unable to determine the appropriate use category for a proposed use, the Zoning Administrator is authorized to deny the permit request. This decision may be appealed in accordance with Section 24.16.110.

The residential use category includes uses that provide living accommodations to one or more persons.

1. Household Living. Residential occupancy of a dwelling unit by a household. When dwelling units are rented, tenancy is arranged on a month-to-month or longer basis. Uses where tenancy may be arranged for a shorter period are not considered residential; they are considered a form of lodging. See 24.18.020 for definitions.

The public and civic use category includes uses that provide public or quasi-public services. The public and civic use category includes the following use subcategories:

1. College/University. Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the state or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, conservatories and seminaries. Business and trade schools are classified in "Business Support Services Subcategory."
2. Day Care. Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. Home based day cares are operated as an accessory use in the caregiver's residence.
3. Detention and Correctional Facilities. Facilities for the judicially required detention or incarceration of people. Inmates and detainees are under 24-hour supervision by peace officers, except when on an approved leave. Examples include prisons, jails, probation centers and juvenile detention homes.
4. Fraternal, Labor, Membership Organization. The use of a building or parcel by a fraternal, labor or membership-based, not-for-profit organization that restricts access to its facility to bona fide, annual dues-paying members and their occasional guests.
5. Hospital. Uses providing medical or surgical care to patients and offering inpatient (overnight) care and that may include helipads as an accessory use.
6. Library/Cultural Exhibit. Preservation, exhibition and collection of objects in one or more of the arts and sciences, for the purpose of viewing, study or reading. Typical uses include museums and lending libraries.
7. Park/Recreation/Open Space. Recreational, social, or multi-purpose uses associated with public parks, public open spaces, public community centers, public play fields, public or private golf courses, nature centers, educational or interpretative centers or exhibits, monuments or other public recreation areas or buildings.
8. Religious Assembly. Religious (including funeral) services involving public assembly such as customarily occur in synagogues, temples, mosques and churches.
9. Government or Safety Services. Public safety services that provide fire, police, life protection, and public works operations, together with customary storage of supplies (indoor and outdoor) and maintenance of necessary vehicles. Typical uses include fire stations, police stations, public works facilities, and ambulance services.
   
10. School. Public and private schools at the primary, elementary, junior high, or high school level that provide state-mandated basic education.
11. Utilities & Services.
    1. Minor. Infrastructure services that need to be located in the area where the service is provided. Minor utilities and services generally do not have regular employees at the site and typically have few if any impacts on surrounding areas. Typical uses include water and sewer pump stations; water towers and reservoirs; water conveyance systems; stormwater facilities, retrofits and conveyance systems; dry detention and constructed wetlands; telephone switching equipment and emergency communication broadcast facilities. Bus passenger facilities for local or subregional service are classified as "minor utilities and services."
    2. Major. Infrastructure services that typically have substantial land-use impacts on surrounding areas. Typical uses include but are not limited to electrical substations; water and wastewater treatment facilities, major water storage facilities and electric generation plants. Also included are utility-scale solar energy facilities.

The commercial use category includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use category includes the following use subcategories.

1. Animal Services. The following are animal services use types:
   1. Sales & Grooming. Sales and grooming of dogs, cats and similar small animals. Typical uses include pet stores, dog bathing and clipping salons and pet grooming shops.
   2. Shelter or Boarding Kennel. An establishment in which more than three domestic animals over the age of three months may be kept for shelter, feed, and care at the direction of the animals’ owners, for compensation, but not within the practice of veterinary medicine under Wis. Stat. 89.02(6). Typical uses include boarding kennels, pet resorts/hotels, dog training centers, doggy or pet day cares and animal rescue shelters.
      
   3. Veterinary. Typical uses include pet clinics, dog and cat hospitals and animal hospitals.
2. Artist Work or Sales Space. Floor space devoted to the production, showing, or sale of art. Typical uses include art galleries, artist and photography studios, but not including art museums. Art museums are classified in the "Libraries and Cultural Exhibits" use subcategory.
3. Building Maintenance Service. Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial, landscape maintenance and window cleaning services. Also includes exterminator services for residential, commercial or industrial applications.
4. Business Equipment Sales & Service. Sales, rental, or repair of office, professional and service equipment and supplies to companies rather than to individuals. Excludes vehicle and heavy equipment sales or service. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.
5. Business Support Service. Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Typical uses include employment agencies and telephone answering services and technical, vocational and trade schools. Trade or vocational schools that involve outdoor storage or manufacturing processes are not considered business support services but rather are to be classified in the "Industrial" use category.
6. Communication Service Establishments. Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "major utilities and services" and "Minor Utilities." Typical uses include recording studios, television and radio studios, telecommunication service centers and telegraph service offices.
7. Construction Sales & Service. Construction and development activities and related storage on parcels other than construction or development sites. Typical uses include tool and equipment rental or sales and building contracting/construction businesses. Uses that involve office or administrative functions only, with no on-site equipment or vehicle storage, are classified as offices.
8. Eating & Drinking Establishments. Provision of prepared food and/or beverages for on-premises consumption and which may include delivery or take-out service.
   1. Restaurant. An establishment primarily engaged in serving prepared food to the public and in which sales of such prepared foods and meals constitutes at least 65% of the establishment's gross income. Typical uses include cafes, quality restaurants, quick-service restaurants, coffee shops and ice cream stores.
   2. Bar or Tavern. An establishment that is primarily engaged in serving alcoholic liquor for consumption on the premises and in which the serving of prepared food and meals constitutes less than 65% of the establishment's gross income. Includes bars and taverns that manufacture fermented malt beverages or distilled spirits for on-premise consumption or off-premise consumption through sales directly to the consumer (no on-premise wholesaling or distribution).
9. Entertainment & Spectator Sports. Provision of cultural, entertainment, athletic and other events to spectators, such as occurs in theaters, cinemas, auditoriums and stadiums.
10. Financial Services. Financial or securities brokerage services. Typical uses include banks, savings and loans, consumer investment businesses and convenient cash businesses.
    1. Convenient Cash Business. A business licensed pursuant to Wis. Stats. Secs. 218.05 or 138.09, engaged in the "payday loan business," "title loan business," "currency exchange business" (also known as "check cashing"), or any other substantially similar business. Convenient cash businesses do not include financial institutions as defined below. For purposes of this use definition, the following terms have means ascribed:
       1. "Business" includes an individual or individuals, firm, partnership, association, corporation, limited liability company or any other business entity.
       2. "Currency exchange business" means in accordance with Section 218.05, Wis. Stats. any business except banks incorporated under the laws of this state and national banks organized pursuant to the laws of the United States and any credit union operating under Ch. 186, Wis. Stats. pursuant to a certificate of authority from the Wisconsin commissioner of credit unions, engaged in the business of and providing facilities for cashing checks, drafts, money orders and all other evidences of money acceptable to such community currency exchange for a fee, service charge or other consideration. This term does not include any person engaged in the business of transporting for hire, bullion, currency, securities, negotiable or nonnegotiable documents, jewels or other property of great monetary value nor any person engaged in the business of selling tangible personal property at retail nor any person licensed to practice a profession or licensed to engage in any business in this state, who in the course of such business or profession and, as an incident thereto, cashes checks, drafts, money orders or other evidences of money.
       3. "Financial institutions" means any business authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions. This term does not include a currency exchange, payday loan business or a title loan business.
       4. "Payday loan business" means a business that provides unsecured loans with an initial term of ninety-one days or less in which the amount borrowed does not exceed two thousand dollars and is usually for a period from the time of the loan until the borrower's next payday for which the lender charges either fees or interest for the loan.
       5. "Title loan business" includes any business providing loans to individuals in exchange for receiving title to the borrower's motor vehicle as collateral.
11. Retail sale of food and beverages for home consumption. Typical uses include groceries, liquor stores, wine stores, and carry-out establishments.
12. Funeral & Interment Services. Provision of services involving the care, preparation or disposition of the dead.
    1. Cemetery/Columbarium/Mausoleum. Land or facilities used for burial of the dead, including pet cemeteries.
    2. Cremating. Crematory services involving the purification and reduction of the human body by fire. Typical uses include crematories and crematoriums.
    3. Undertaking/Funeral Services. Undertaking services such as preparing the dead for burial and arranging and managing funerals. Typical uses include funeral homes and mortuaries. Note: funeral services (without undertaking) are also allowed as "religious assembly" uses.
13. Lodging. Provision of lodging services on a temporary basis with incidental food, drink and other sales and services intended for the convenience of guests.
    1. Bed & Breakfast. A detached house that provides lodging consisting of 8 or fewer rooms for rent to no more than a total of 20 persons for more than 10 nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
    2. Hotel/Motel. An establishment, other than a Bed and Breakfast, in which short-term lodging is offered for compensation and that may or may not include the service of one or more meals to guests. Typical uses include hotels and motels.
14. Office, Administrative, Professional. Professional, governmental, executive, management or administrative offices of private organizations or government agencies. Typical uses include administrative offices, law offices, architectural firms, insurance companies and government offices. Also includes travel agencies, tax preparation office and similar consumer service businesses.
15. Office or Clinic, Medical.
    1. Personal health services including prevention, diagnosis and treatment, rehabilitation services provided by physicians, dentists, nurses and other health personnel and medical testing and analysis services. Typical uses include medical and dental offices, including chiropractic offices, acupuncture, physical and massage therapy offices, psychologist and psychiatrist offices, health maintenance organizations, blood banks, plasma centers and government-operated health centers. Excludes non-medical permanent body art establishments and use types more specifically classified, such as hospitals.
    2. The Office or Clinic, Medical use in the M2 district excludes plasma centers, services including medication-assisted treatment for adults eighteen and older with drug addiction, prison parole or probation drug treatment distribution center, services including an emergency department or urgent care, and principal uses more specifically classified as hospitals, day care centers, or preschools are also excluded. Further, the use shall be located within one mile of the Milwaukee County Regional Medical Center grounds bounded by Interstate 41 to the west, Watertown Plank Road to the north, Wisconsin Avenue to the south and the residential zoned district to the east.
16. Parking, Non-Accessory. Parking that is not provided to comply with minimum off-street parking requirements and that is not provided exclusively to serve occupants of or visitors to a particular use, but rather is available to the public at-large. A facility that provides both accessory parking and non-accessory parking is classified as non-accessory parking.
17. Personal Improvement Service. Informational, instructional, personal improvement and similar services. Typical uses include hair salons, barber shops, beauty shops, nail salons, tattooing and body art establishments, yoga or dance studios, personal training services, driving schools and martial arts studios. Health clubs are classified as "sports and recreation, participant."
18. Repair or Laundry Service, Consumer. Provision of repair, dry cleaning or laundry services to individuals and households, but not to firms. Excludes vehicle and equipment repair. Typical uses include laundry/dry cleaning drop-off stations (with no dry cleaning on the premises), self-service laundries, appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.
19. Research Service. An establishment that conducts educational, scientific, high-technology or medical research not involving the mass production, distribution or sale of products. Research services do not produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property. Research-related establishments that do produce such external impacts are classified as "manufacturing, production and industrial services."
20. Retail Sales. Businesses involved in the sale, lease or rent of new or used products, merchandise to consumers. Typical uses include drug stores, grocery stores, department stores and apparel stores.
    1. Cigarette, Cigar or Tobacco Store. Businesses primarily involved in the sale of cigarettes, cigars, tobacco products, vaping products, or smoking material or equipment. This includes products or materials intended to vape or smoke tetrahydrocannabinols or synthetic cannabinoids. This does not include businesses that sell cigarettes, cigars or tobacco products as an ancillary part of an allowed retail use.
    2. Cigarette, Tobacco Product, Vape, or E-cigarette Sales (ancillary). Cigarette & tobacco product sales are considered ancillary if such products occupy no more than 10% of the available retail floor space of the premises and if such sales account for no more than 10% of the gross sales receipts of the business
    3. Large-Format Retail. Individual freestanding buildings and group developments with a cumulative gross floor area of 50,000 square feet or more of retail sales area.
21. Sports & Recreation, Participant. Provision of sports or recreation primarily by and for participants. (Spectators, if any, are incidental, present on a nonrecurring basis). Examples include bowling alleys, health clubs, skating rinks, bingo halls, billiard parlors, driving ranges and miniature golf courses, shooting and archery ranges and batting cages.
22. Vehicle Sales & Service. Sales of motor vehicles or services related to motor vehicles. The following are vehicle sales and service use types:
    1. Auto Wash/Cleaning Service. A building or site containing facilities for washing automobiles. It may use automatic production line methods—a chain conveyor, blower, steam cleaning device, or other mechanical device—or it may provide space, water and equipment for hand washing, cleaning or detailing of automobiles, whether by the customer or the operator.
    2. Auto Fueling Station. Uses engaged in retail sales of personal automobile and vehicle fuels including electric vehicle charging stations. Note: Level 1 (slow-charging) and level 2 (medium) battery charging stations are considered accessory uses and are not regulated as auto fueling stations.
    3. Heavy Vehicles and Equipment, Sales/Rentals. Sale, retail or wholesale and/or rental from the premises of heavy construction equipment, trucks and aircraft, together with incidental maintenance. Typical uses include heavy construction equipment dealers and tractor trailer sales.
    4. Light Vehicles and Equipment, Sales/Rentals. Sale, retail, wholesale, or rental from the premises of autos, noncommercial trucks, motorcycles, trailers of less than 10,000 lbs. gross cargo weight, recreational vehicles and boat dealers, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicle sales and rental agencies. For the purposes of this zoning ordinance, the sales or display for sale of more than 2 vehicles on a single parcel is classified as a "light equipment sales/rental" use.
    5. Motor Vehicle Repair, Limited. A vehicle repair establishment that provides lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of a vehicle. Customers generally wait in the car or at the establishment while the service is performed. Examples include quick lube services. Also includes vehicle repair establishments that provide replacement of passenger vehicle parts or repairs that do not involve body work or painting or require removal of the engine head or pan, engine transmission or differential. Examples include tire, muffler and transmission shops.
    6. Motor Vehicle Repair, General. Any vehicle repair activity other than "limited motor vehicle repair." Examples include repair or servicing of commercial vehicles or heavy equipment or body work, painting, or major repairs to passenger vehicles.
    7. Vehicle Storage & Towing. Storage of operating motor vehicles or vehicle towing services. Typical uses include towing services, private parking tow-aways (tow lots), impound yards and fleet storage yards. Includes the use of a site for temporary storage of motor vehicles for a period of not more than 15 days, not including temporary storage facilities for vehicles that are to be sold, rented, salvaged, dismantled, repaired or returned to owners upon payment of towing and storage fees.

(Ord. O-13-17, §§ VII—IX, 11-19-2013)

The industrial use category includes uses that produce goods from extracted materials or from recyclable or previously prepared materials, including the design, storage and handling of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities. The industrial use category includes the following use subcategories:

1. Manufacturing & Industrial Services, Artisan. On-site production of goods by hand manufacturing, involving the use of hand tools and small-scale, light mechanical equipment in a completely enclosed building with no outdoor operations or storage and occupying no more than 3,500 square feet of gross floor area. Typical uses include woodworking and cabinet shops, ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale manufacturing uses that have no negative external impacts on surrounding properties.
2. Manufacturing & Industrial Services, Limited. Manufacturing of finished parts or products, primarily from previously prepared materials. Typical uses include: breweries, distilleries, catering establishments, printing and related support activities; machinery manufacturing; food processing and manufacturing; computer and electronic product manufacturing/assembly; electrical equipment, appliance, component manufacturing/assembly; furniture and related product manufacturing/assembly; and other manufacturing and production establishments that typically have very few, if any, negative external impacts on surrounding properties. Also includes "artisan manufacturing/production" type uses that do not comply with the enclosed building, floor area and/or outside operations/storage criteria that apply to artisan manufacturing/production uses.
3. Manufacturing & Industrial Services, General.
   1. Manufacturing of finished or unfinished products, primarily from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. Typical uses include: textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing. Also includes medical, scientific or technology-related research establishments that produce odors, dust, noise, vibration or other external impacts that are detectable beyond the property lines of the subject property.
   2. Industrial service firms engaged in the repair or servicing of industrial or commercial machinery, equipment, products or by-products. Typical uses include: welding shops; machine shops; industrial tool repair; fuel oil distributors; solid fuel yards; laundry, dry-cleaning and carpet cleaning plants; and photofinishing laboratories. Excludes uses classified as "repair or laundry services."
4. Manufacturing & Industrial Services, Intensive. Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials.
5. Recycling Service. Any building, portion of building or area in which recyclable material is collected, stored, or processed for the purpose of marketing the material for use as raw material in the manufacturing process of new, reused or reconstituted products.
   1. Limited. A recycling facility in which recyclable materials are temporarily stored or collected, or processed by manual separation. (Note: consumer-oriented collection boxes for newspapers, cans and glass items are considered an accessory use and may be allowed in any zoning district.)
   2. General. A recycling facility that, in addition to any activity permitted as part of a limited recycling service, engages in processing of recyclable materials such as cleaning, bundling, compacting or packing of recyclable materials.
6. Residential Storage Warehouses. Storage or warehousing service within a building for individuals to store personal effects and for businesses to store materials for operation of an industrial or commercial enterprise elsewhere. Incidental uses in a residential storage warehouse may include the repair and maintenance of stored materials by the tenant; but in no case may storage spaces in a residential storage warehouse facility function as living space or an independent retail, wholesale, business, or service use. Spaces may not be used for workshops, hobby shops, manufacturing, or similar uses. Human occupancy is limited to that required to transport, arrange and maintain stored materials.
7. Warehousing, Wholesaling & Freight Movement.
   1. Limited. Wholesale sales of goods and materials in association with a retail sales (storefront) business. Typical uses include businesses involved in retail and wholesale sales of materials and equipment to other businesses and to the general public.
   2. General. Storage, wholesale sales and distribution of materials and equipment. Typical uses include storage warehouses, moving and storage firms, trucking or cartage operations, truck staging or storage areas, wholesale sales of materials and equipment to parties other than the general public.
8. Waste-Related Use. Waste-related uses are characterized by the receiving of solid or liquid wastes from other users and sites for transfer to another location; by the collection of sanitary wastes, or other approved waste materials for on-site disposal; or by the manufacture or production of goods or energy from the composting of organic material. Typical uses include sanitary landfills, demolition debris landfills, solid waste separation facilities and transfer stations.

The agricultural use category includes the following subcategories:

1. Apiary. The keeping of beehives of honey bees and the collection of honey.
2. Community Garden. Land used for vegetable, fruit or flower gardening by individuals or groups who may or may not own or lease the subject land.
3. Farmer's Market. An outdoor market open to the public, operated by a governmental agency, a nonprofit corporation, or one or more producers where:
   1. At least 75% of the displayed inventory of products sold consists of farm products or value-added farm products; and
   2. At least 75% of the vendors during the market's hours of operation are producers, or family members or employees or agents of producers.
4. Nurseries & Greenhouses. A principal use involving propagation and growth of plants in containers or in the ground for wholesale sales and distribution.

1. Wireless Communication Facilities. Facilities related to the use of the radio frequency spectrum for the purposes of transmitting or receiving cellular telephone transmissions or radio and television signals. Typical uses include cell towers and antennas, radio towers and antennas, television towers and antennas, telephone exchanges, micro-wave relay towers, telephone transmission equipment buildings and commercial mobile radio service facilities.
   1. Co-located. A wireless communication facility that is attached to an existing pole, tower or other structure.
   2. Freestanding. A tower, monopole, or other structure erected to support wireless communication antennas.
2. Drive-through or Drive-in Facilities. Any allowed use with drive-through lanes or service for occupants of a motor vehicle.

(Ord. O-13-17, § X, 11-19-2013)