City of Oak Creek

Accessory, building

A structure which requires a building permit, contains at least three walls and a roof, has a permanent foundation or floor, is detached from a principal building on the same lot, and is customarily incidental and subordinate to the principal building or use. Accessory buildings shall include, but not be limited to, garages and sheds. Accessory buildings do not include general farm buildings, portable/temporary buildings, enclosures, or structures.

Districts Where Allowed Districts where this use is Allowed by Right: A-1, B-2, B-3, B-4, B-6, ER, I-1, Lm-1, M-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5 Districts where this use may be allowed with a Conditional Use Permit: none

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:

§ 17-0414(a)
(1) Two accessory buildings shall be allowed per lot, and shall only be permitted after a principal structure has been constructed on the same lot.
(2) On residential lots less than or equal to 0.5 acre the aggregate maximum area of all accessory buildings shall not exceed 1,000 square feet or 75% of the livable area of the principal building, whichever is less. Livable area shall not include basements.
(3) On residential lots greater than 0.5 acre, the aggregate maximum area of all accessory buildings shall not exceed 1,200 square feet or 75% of the livable area of the principal building, whichever is less.
(4) On nonresidential lots, accessory buildings that do not exceed 250 square feet shall not require Plan Commission review prior to permitting.
(5) Accessory buildings shall have a maximum height of 20 feet but in no instance shall exceed the height of the principal building.
(6) Accessory buildings shall require a certificate of zoning compliance pursuant to § 17.0803(d).
(7) Accessory buildings shall be located per the following:

a. If located entirely within the required rear yard the accessory building shall be located a minimum of five feet from side and rear property lines;
b. If located entirely within the buildable area of the lot the accessory building shall not be located between the principal building and the front property line;
c. If located partially in the required rear yard and partially in the buildable area of the lot the accessory building shall maintain the required side yard setback for the full length of the property and be a minimum of five feet from the rear property line; or
d. As permitted in § 17.0303(b), Yard setback modifications.

(8) Accessory buildings greater than or equal to 160 square feet shall be accessed by a driveway pursuant to § 17.0503: Driveways.
(9) Accessory buildings shall not have flat roofs.

See Figure 4.4 for Accessory Building - Permitted Locations.

(10) The exterior building materials of buildings accessory to nonresidential, mixed use, or multifamily uses shall include wood, masonry, stucco, fiber cement, stone veneer systems, EIFS, or precast panels with inlaid or stamped brick texture. Proposals to use alternative exterior building materials may be submitted as an Administrative Adjustment request per § 17.0803(b) only for accessory buildings that do not exceed 250 square feet.

Accessory, dwelling

A smaller, independent residential dwelling unit located on the same lot as a single-family detached home.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: Rs-1, Rs-2, Rs-3, Rs-4

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(b)
(1) The subject parcel's owner shall live on-site in either the principal building or accessory dwelling unit.
(2) Accessory dwelling units shall not be greater than 800 square feet or 50% of the size of the principal building, whichever is less.
(3) Accessory dwelling units shall not exceed the height of the principal building.
(4) Accessory dwelling units may be located:

a. Interior to the principal building;
b. Attached to the principal building; or
c. Above or within an existing detached garage.

(5) Accessory dwelling units located in the interior of a principal building are not required to have an entrance separate from the principal building's entrance, however only one entrance shall be located on the front facade of the principal building. Additional entrances shall be located on the side or rear facade.

(6) Both the principal building and the accessory dwelling unit shall be served by one common driveway connecting the accessory dwelling unit to a public or private road.
(7) Parking for the accessory dwelling unit, as required by § 17.0501: Off-street parking, shall be in addition to the parking space(s) required for the principal building. The parking for the accessory dwelling unit shall not be located in the required front yard setback. A tandem parking space, where one car is parked behind another, with the spaces required for the principal building shall be prohibited.
(8) Accessory dwelling units shall be similar in character to the principal building and to abutting properties including roof pitch, eaves, building materials, windows, trim, color, and landscaping.

See Figure 4.5 for Accessory Dwellings.

Accessory, retail

The use of a portion of a building for retail purposes which are customarily incidental and subordinate to the principal use of the building.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: Lm-1, M-1

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(c)

(1) The total area devoted to retail activity shall not exceed 25% of the total area of the building in which the accessory retail activity shall take place.
(2) Restroom facilities shall be provided and shall be directly accessible from the accessory retail sales area.
(3) Accessory retail sales areas shall be physically separated from other activity areas by a wall.

Accessory, structure

A structure which requires a building permit, may or may not have a permanent foundation, is detached from a principal building on the same lot, and is customarily incidental and subordinate to the principal building or use. Accessory structures shall include, but not be limited to, leantos, gazebos, and pergolas. Portable/temporary carports, or roofed, wall-less canopy-like structures are prohibited. Decks are not considered accessory structures, but do require permits. For floodplain purposes, an accessory structure is a facility, structure, or building which is accessory or incidental to the principal use of a property, structure, or building and shall not be used for human habitation.

Districts Where Allowed Districts where this use is Allowed by Right: A-1, ER, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(d)
(1) Two accessory structures shall be permitted per lot, and shall only be permitted after a principal structure has been constructed on the same lot.

(2) An accessory structure shall not exceed 400 cumulative square feet.

(3) An accessory structure shall have a maximum height of 12 feet.

(4) Accessory structures shall be located:

a. Per the required side yard setback in Table 17.0301(a) or Table 17.0301(b);
b. A minimum of five feet from the rear property line;
c. No closer to the front property line than the front elevation of the principal building; or
d. As permitted in § 17.0303(b), Yard setback modifications.

See Figure 4.6 for Accessory Structure - Permitted Locations.

(5) Accessory structures shall require a permit and certificate of zoning compliance pursuant to § 17.0803(d).

Acute care center

A building containing medical services for acute patient needs or containing an association or group of physicians, dentists, clinical psychologists, or similar professional health care practitioners, including assistants. The clinic may include a pharmacy, dental and mental laboratories, and/or x-ray facilities, but shall not include inpatient or overnight care.

Adult entertainment

Any dance, amusement, show, display, merchandise, material, exhibition, pantomime, modeling or any other like performance of any type for the use or benefit of a member or members of the public or advertised for the use or benefit of a member of the public where such is characterized by an emphasis on the depiction, description or simulation of "specified anatomical areas" as defined herein, or the exhibition of "specified sexual activities," also defined herein, or in the case of live adult entertainment performances, which emphasizes and seeks to arouse or excite the patrons' sexual desires. For the purposes of this chapter, any patron of an adult entertainment business, as defined in this section, shall be deemed a member of the public.

Districts Where Allowed Districts where this use is Allowed by Right: M-1

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0405(a)

(a) Adult entertainment.

(1) Pursuant to the City of Oak Creek's authority, it is the intent of the Common Council to adopt by ordinance regulations restricting the location of adult entertainment businesses as defined herein to promote the City of Oak Creek's interest in protecting and preserving the quality of its neighborhoods, commercial districts, and quality of urban life through effective land-use planning.

a. It has been the experience of other cities, including Seattle and Renton, Washington and Detroit, Michigan that adult entertainment businesses can contribute to the impairment of the character and quality of a surrounding residential neighborhood; and contribute to a decline in the value of surrounding properties.
b. Adult entertainment businesses in proximity to residential areas, religious institutions, parks, schools and day-care centers may lead to an increase in criminal activities in the surrounding areas and the City desires to protect the youth of the community from the deleterious effects such businesses can have on adjacent areas by restricting their close proximity to places of worship, schools and residential areas.
c. The Common Council has reviewed studies distributed by the National Obscenity Law Center in a three volume set that documents the secondary effects of adult entertainment businesses that affect property values, contribute to physical deterioration and blight, have a deleterious effect on both existing business around them and surrounding areas, including increased transiency, increased levels of criminal activities including prostitution, rape, assaults and other sex related crimes. The Common Council is also aware that similar studies have been conducted in other communities across the United States such as St. Paul and Minneapolis, MN; Indianapolis, IN; Hilton Head, SC; Austin, TX; Phoenix, AZ and Los Angeles, CA.
d. The Common Council believes that the experiences and studies from other communities set forth herein are relevant in addressing the secondary effects adult entertainment businesses can have upon areas surrounding such establishments in the City of Oak Creek. A reasonable regulation of the location of adult entertainment businesses will provide for the protection of the image of the community and its property values and protect the residents of the community from the adverse secondary effects of an adult entertainment business, while providing to those who desire to patronize adult entertainment businesses, such an opportunity in areas within the City which are appropriate for the location of adult entertainment businesses.
e. The United States Supreme Court in the case of City of Renton vs. Playtime Theaters, Inc., 475 US 41, 106 S. Ct., 925, 89 L. Ed., 2d, 29 (1986) and Young vs. American Mini Theaters, 427 US 50, 96 S. Ct., 2440, 49 L. Ed., 2d, 310 (1976) have approved efforts by local government to regulate the location of adult entertainment businesses through land-use plans. The Common Council of the City of Oak Creek conducted a public hearing and heard testimony from proponents and opponents of the proposed ordinance. The Plan Commission has the adoption of the proposed ordinance as an amendment to our existing zoning code. The proposed ordinance serves a substantial government interest and does not unreasonably limit alternative avenue of communication. The Common Council of the City of Oak Creek, Milwaukee County, Wisconsin do ordain as follows:

(2) Adult entertainment businesses, subject to the following restrictions and regulations:

a. Definitions. The following words, terms and phases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: See § 17-0405(a)(2)a for a list of definitions associated with Adult entertainment.

(b) Location of adult entertainment businesses. Adult entertainment businesses as defined in Subsection (a)(2)a are prohibited in all zones except the M-1 Manufacturing District, subject to the following restrictions:

(1) No adult entertainment business shall be permitted within 1,000 feet of another adult entertainment business.
(2) No adult entertainment business shall be permitted with 1,000 feet of any hospital, religious institution, school, library, park, museum, playground, day care center, restaurant or any other public or private building or premises likely to be utilized by persons under the age of 18 years.
(3) No adult entertainment business shall be permitted within 1,000 feet of any area zoned residential.

(c) Standards of measurement. The distances provided in this section shall be measured in a straight line without regard to intervening structures or objects from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult entertainment business to the nearest point of the parcel of property or land use district boundary relined from which the proposed land use is to be separated.

Agritourism related uses

An agriculturally based operation or activity that brings visitors to a farm or ranch.

Animal Daycare / Recreation

A private commercial facility that provides short-term daytime care and recreational opportunities for animals, including minor grooming services, but does not include a kennel or boarding facility.

Animal Training / Therapy

A private facility that provides animal training and/or therapy/rehabilitation services, excluding surgical, kenneling, boarding, and shelter services.

Aquaculture

The indoor farming of fish, crustaceans, mollusks, aquatic plants, algae, and other organisms.

Art gallery/museum

ART GALLERY — An establishment engaged in the sale or exhibit of art works such as paintings, sculpture, macrame, knitted goods, stitchery, or pottery. Art studios are may also be engaged in the creations of such art works and often offer instruction in their creation.

Autobody repair

Activities involving the repair, painting, or undercoating of the body or frame; or maintenance, servicing, or repair of automotive engines, power train, suspensions, and exhaust system on vehicles with a gross weight of 10,000 pounds or less.

Bank/financial institution

FINANCIAL INSTITUTION — See "bank."

Bed-and-breakfast

Any place of lodging that provides four or fewer rooms for rent for more than 10 nights in a twelve-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.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: ER, Rd-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
1 parking space per occupiable room. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0407(a)
(1) All bed-and-breakfast establishments shall be subject to the City of Oak Creek's local hotel room tax as established in Chapter 3.40(d) of the Municipal Code.
(2) Bed-and-breakfast establishments shall meet all standards provided for in § 50.51(b) of the Wisconsin Statutes and Chapter HSS 197 of the Wisconsin Administrative Code.
(3) Lodging may be provided in a maximum of four rooms.
(4) Rooms may be rented for more than 10 nights in a twelve-month period.
(5) The bed-and-breakfast establishment shall be the primary residence of the property owner.

Boat mooring and rental/marina

MARINA — Waterfront establishments whose business is offering the sale or rental of boats and marine sporting equipment and the servicing, repair, or storage of same. Such establishments may also provide travel lift services, slip rental, gasoline, sanitary pump out service and food, drink and transient lodging accommodations.

Brewery/winery/distillery

BREWERY — An industrial use that brews ales, beers, meads, and/or similar beverages primarily for consumption off premises.

DISTILLERY — A facility which produces, by distillation, spirits for consumption, the sales and distribution of which are subject to regulation by the Wisconsin Department of Revenue.

WINERY — An agricultural processing facility used for:

1) the fermenting and processing of fruit juice into wine; or
2) the refermenting of still wine into sparkling wine.

Bridle path

A trail or track used for horseback riding.

Building for the housing of horses and other animals

Cafe

An informal restaurant primarily offering coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
2 parking spaces per 250 square feet. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0408(a) Cafe. The following standards shall apply to cafe uses in residential zoning districts only.

(1) A cafe use shall be limited to 2,500 square feet of gross floor area.
(2) Cafes shall front and be accessed from arterial or collector streets only.
(3) The main entrance of a cafe use shall be oriented towards the primary street.
(4) The off-street parking and loading of a café use that fronts onto an existing or proposed arterial or collector roadway, as identified in the Oak Creek Comprehensive Plan, may be located in the front, side, or rear of the principal building. The off-street parking and loading of a café use that fronts onto any other roadway type shall be located on the side or rear of the principal building.
(5) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(6) Service areas, dumpsters, utilities, and the required screening thereof shall not be visible from a right-of-way and shall not be located in any front yard or street-facing side yard.
(7) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(8) The architecture of a cafe use shall be similar in character to abutting properties including roof pitch, eaves, building materials, windows, trim, color, and landscaping.

Campground

Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by four or more camping units, or which is advertised or represented as a camping area.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: A-1, P-1

Vehicle Parking:
1 parking space per 3 people at maximum capacity. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:

Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions:

(1) The campground is approved by the Department of Agriculture, Trade and Consumer Protection;
(2) A land use permit for the campground is issued by the Zoning Administrator following review and approval by the Plan Commission where applicable;
(3) The character of the river system and the campground elevation are such that a seventy-two-hour warning of an impending flood can be given to all campground occupants;
(4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;
(5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated, by the officials identified in Subsection (4), above, to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations;
(6) All mobile recreational vehicles placed on the site must meet one of the following:

a. Only camping units that are fully licensed, if required, and ready for highway use are allowed. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions; or
b. The camping units shall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours.

(7) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with Subsection (6), above, and shall ensure compliance with all the provisions of this section;
(8) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;
(9) All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in § 17-0307: FW Floodway District specific standards, § 17-0308: FF Floodfringe District specific standards, or § 17-0309: GFP General Floodplain District specific standards for the floodplain district in which the structure is located;
(10) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and
(11) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation.

Car wash

CAR OR TRUCK WASH — Any facility used for the washing of vehicles requiring the installation of special equipment.

Car, truck, and recreational vehicle parking

Districts Where Allowed Districts where this use is allowed as a Temporary Use: ER, Rd-1, Rs-1, Rs-2, Rs-3, Rs-4

Development Requirements:
§ 17-0415(a)
(1) No car, truck, construction equipment or commercial truck shall be parked regularly upon a driveway in any residential zoning district except as provided herein:

a. Vehicles that do not exceed 12,000 pounds manufacturer's gross vehicle weight may be parked on a driveway. Parking on lots that are used as a one- or two-family residence shall be limited to parking within garages, carports and upon residential driveways consisting of concrete, brick or other similar hard surface material.
b. Additional vehicles may be parked or stored on the lot within a fully enclosed building or structure as permitted in § 17.0414: Accessory use standards.
c. Vehicles shall be located outside of all rights-of-way, vision clearance triangles and drainage easement areas.

(2) No boat, boat trailer, mobile home, motor home, motor coaches, truck campers, camping trailers, travel trailers, fifth-wheel trailers, large utility trailers, race cars and their trailers, sport aircraft and their trailer, canoes or kayaks and their trailers, all-terrain vehicles and their trailers, tent campers, folding campers, snow mobiles and their trailers, cases or boxes used to transport recreational vehicles or their equipment, yard maintenance equipment and similar equipment or vehicles shall be parked or stored outside on a residentially zoned lot, except as provided herein:

a. They shall be located on hard paved surfaces only.
b. They shall not be located closer to the front property line than the front elevation of the principal building.
c. They shall be located in the rear or side yard and not closer than five feet to a side or rear lot line.
d. They shall be located outside of all ultimate rights-of-way, vision clearance triangles and drainage and utility easement areas.
e. The recreational vehicle shall be maintained in operable condition.
f. No recreational vehicles or equipment shall be stored in any open space outside a building unless such equipment is owned by the property owner or children of the property owner or resident at the property in question. If the property is rented, such storage shall be permitted for the tenant only provided that such equipment is owned by the tenant.

See Figure 4.12 for recreational vehicle parking standards.

g. All equipment shall be parked or stored as inconspicuously as possible on the property. The area around the equipment or vehicle shall be kept weed-free and free of accumulation of other stored material.

(3) One recreational vehicle may be stored outside in the rear or side yard of an occupied residential or agricultural lot.
(4) Except within an approved campground or mobile/manufactured home park, no recreational vehicle shall be used for the purpose of permanent habitation, living or housekeeping purposes in the City of Oak Creek. Permanent habitation is defined as living in one place for more than 10 consecutive days.
(5) This chapter is not intended to allow parking and storage of recreational vehicles or equipment where they may be otherwise prohibited by deed restriction, covenant, prior orders, developer's agreement, or otherwise limited to topography or environmental restrictions.
(6) No semi-trailers/trucks are allowed to be parked in any residential zoning district.

Carnival

A traveling or transportable group or aggregation of rides, shows, games, or concessions or any combination thereof.

Circus/animal show

A temporary outdoor amusement center, bazaar, or fair either involving use of special purpose equipment, conducted by professional operators, or both, and where activities include such things as animal shows, rides, food service, or small-scale games.

Clubhouse

A building or group of buildings accessory to a residential development and available for common use by residents of the development.

Districts Where Allowed Districts where this use is Allowed by Right: Rm-1 Districts where this use may be allowed with a Conditional Use Permit: Rd-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
1 parking space per 250 square feet community room space. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0404(a)

(1) All off-street parking shall be located on the side or rear of the clubhouse building unless otherwise approved by the plan commission.
(2) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(3) Service areas, dumpsters, and utilities shall not be visible from rights-of-way and shall not be located in any front yard or street-facing side yard.
(4) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(5) Clubhouse buildings shall not exceed 35 feet in height.
(6) Clubhouse buildings shall provide 360° architecture for all sides visible to the public. Three-hundred-sixty-degree architecture incorporates facade elements, including doors, windows, exterior cladding, and all other exterior decorative elements and finishes on all front, side, and rear elevations of the building.

College/university

An institution of higher learning that offers courses of general or specialized study leading to a degree, including instructional and recreational uses, with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers, and employees. Such institutions are certified by the state or by a recognized accrediting agency. Examples include universities, liberal arts colleges, community colleges, nursing, and medical schools not accessory to a hospital, conservatories, and seminaries.

Community garden

A site where any kind of plant, including flowers, is grown, and several individuals or households cultivate the site. The site may be divided into individual allotments, or gardeners may work together to cultivate the entire property. The land may be publicly or privately owned. The plants are grown for personal use by the gardeners or for donation.

Community living, 1 to 8 persons

COMMUNITY LIVING, ONE TO 15 PERSONS — All facilities provided for in § 46.03(22), Wis. Stats., including child welfare agencies, group homes for children, foster homes, treatment foster homes, and community-based residential facilities, where care, treatment, or services above the level of room and board but less than skilled nursing care are provided to up to 15 persons residing in the facility. Such care, treatment or services are provided as the primary function of such facility. Adult family homes, day-care homes, nursing homes, general hospitals, special hospitals, prisons, jails, and foster family homes that are the primary domiciles of a foster parent and four or fewer children are not community living arrangements for purposes of this chapter.

Districts Where Allowed Districts where this use is Allowed by Right: Rs-1, Rs-2, Rs-3, Rs-4

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(a)
(a) Community living, all capacities.

(1) No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity.
(2) Foster homes housing four or fewer children and licensed under § 48.62, Wis. Stats., shall not be subject to these provisions.

Community living, 9 plus persons

COMMUNITY LIVING, 16 PLUS PERSONS — All facilities provided for in § 46.03(22), Wis. Stats., including child welfare agencies, group homes for children, foster homes, treatment foster homes, and community-based residential facilities, where care, treatment, or services above the level of room and board but less than skilled nursing care are provided to more than 16 persons residing in the facility. Such care, treatment or services are provided as the primary function of such facility. Adult family homes, day-care homes, nursing homes, general hospitals, special hospitals, prisons, jails and foster family homes that are the primary domiciles of a foster parent and four or fewer children are not community living arrangements for purposes of this chapter.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: Rs-1, Rs-2, Rs-3, Rs-4

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(a)

(a) Community living, all capacities.

(1) No community living arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity.
(2) Foster homes housing four or fewer children and licensed under § 48.62, Wis. Stats., shall not be subject to these provisions.

Construction related

Day-care center

GROUP DAY-CARE CENTER — An establishment providing care and supervision for four or more persons under the age of seven and licensed by the State of Wisconsin pursuant to § 48.65 of the Wisconsin Statutes.

FAMILY DAY-CARE HOME — A dwelling licensed as a day care center by the State of Wisconsin pursuant to § 48.65 of the Wisconsin Statutes, where care is provided for not more than eight children under the age of seven years for less than 24 hours per day.

Decks

An unenclosed exterior structure that has no roof or sides but has a permeable floor which allows the infiltration of precipitation. Decks may be attached to or detached from the principal structure (freestanding). Detached (freestanding) decks are not considered accessory structures for building permit purposes.

Districts Where Allowed Districts where this use is Allowed by Right: A-1, ER, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
(1) Decks accessible by an entrance to the principal structure shall be sited in accordance with setbacks in Table 17.0301(a) or Table 17.0301(b).

(2) Freestanding decks not accessible directly from the principal structure shall be located behind the front elevation of the principal structure, shall maintain side setbacks per Table 17.0301(a) or Table 17.0301(b) for the entire length of the deck, and shall be located no less than five feet from the rear property line.

Donation drop box

A receptacle designed with a door, slot, or other opening that is intended to accept and store donated items; not including trailers where personnel are present to accept donations.

Districts Where Allowed Districts where this use is Allowed by Right: I-1

Bicycle Parking:
See § 17-0501(j) for detailed information on off-street bicycle parking.

Development Requirements:
§ 17-0414(f)
(1) Donation drop boxes shall be associated with the primary use of the lot and on properties that contain an existing and operating permitted or conditional use.
(2) No more than two donation drop boxes shall be permitted on a lot.
(3) Each donation drop box shall not exceed seven feet in height and 25 square feet in ground area.
(4) Donation drop boxes shall be located on an asphalt or concrete paved surface.
(5) Donation drop boxes shall not be located in a driveway or drive aisle and shall not reduce the width of paved clear space for the passage of pedestrians to less than five feet. Boxes shall not be located in such a way as to disrupt the flow of vehicular or pedestrian traffic.
(6) Boxes shall not be located nearer than 40 feet from an adjoining lot in a residential zoning district.
(7) A notice shall be permanently affixed to each donation drop box in a highly visible location prohibiting the placement of items outside of the box. The name and twenty-four-hour telephone number of the owner/operator shall be permanently affixed to each donation drop box.

Drive-throughs

An establishment that dispenses products or services to patrons who remain in vehicles.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-4, B-6

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
(1) Drive-throughs shall be permitted a maximum of four total menu boards and pre-order boards with a combined maximum area of 100 square feet. Each menu board or pre-order board shall not exceed 60 square feet in area and 10 feet in height. Menu boards and pre-order boards may utilize electronic message boards for 100% of the permitted menu board or pre-order board area and shall follow all regulations of § 17.0607(c).
(2) Any speaker or intercom associated with a drive-through shall not be audible beyond the boundaries of the property.
(3) Drive-through canopies shall maintain a uniform and consistent roofline with the building to which the drive-through is associated.
(4) Stacking spaces and lanes for drive through stations shall not impede on- and off-street traffic movement, are not to cross or pass through off-street parking areas or drive aisles and are not to impede pedestrian access to a public entrance of a building.
(5) Drive-through lanes are to be separated from off-street parking areas. Individual lanes are to be striped, marked, or otherwise distinctly delineated.
(6) Drive-through facilities shall be provided with a bypass lane with a minimum width of 10 feet.
(7) Stacking lanes shall have a minimum depth of 20 feet per stacking space and the following minimum lane widths:

a. One lane: 12 feet;
b. Two or more lanes: 10 feet per lane.

See Figure 4.7 for drive-through standards.

(8) Drive-through facilities shall be required to provide a minimum number of stacking spaces as detailed in Table 17.0414(g).

Dwelling, multifamily above ground floor

Vehicle Parking:
1 parking space per bedroom, including dens. NOTE: A minimum of one of the required parking spaces per residential unit shall be enclosed.
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
(1) In the Rm-1 District, all efficiency and one-bedroom, two-bedroom, three-bedroom, or four-bedroom apartments or any combination thereof shall be allowed at a maximum density of 12 dwelling units per net acre of lot area.
(2) The main entrance to a multifamily dwelling building shall face the primary street.
(3) All off-street parking shall be located to the side or rear of the primary building unless otherwise approved by the Planning Commission. Off-street parking located to the side of the primary building shall be set back a minimum of three feet from the front elevation of the primary building.
(4) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(5) Service areas, dumpsters, and utilities shall not be visible from rights-of-way and shall not be located in any front yard or street-facing side yard.
(6) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(7) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. All materials utilized on upper floors shall have a minimum thickness of one inch and shall be structurally integrated into the facade of the building.

Dwelling, multifamily building, 2 to 8 units

A residential building with multiple housing units stacked vertically and horizontally. The building has a common external entrance and units are accessed through internal entrances.

Districts Where Allowed Districts where this use is Allowed by Right: Rm-1

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(b)
(1) In the Rm-1 District, all efficiency and one-bedroom, two-bedroom, three-bedroom, or four-bedroom apartments or any combination thereof shall be allowed at a maximum density of 12 dwelling units per net acre of lot area.
(2) The main entrance to a multifamily dwelling building shall face the primary street.
(3) All off-street parking shall be located to the side or rear of the principal building unless otherwise approved by the Planning Commission. Off-street parking located to the side of the principal building shall be set back a minimum of three feet from the front elevation of the principal building.
(4) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(5) Service areas, dumpsters, and utilities shall not be visible from rights-of-way and shall not be located in any front yard or street-facing side yard.
(6) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(7) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Masonry and stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. All materials utilized on upper floors shall have a minimum thickness of one inch and shall be structurally integrated into the facade of the building.

Dwelling, multifamily building, 9 plus units

A residential building with multiple housing units stacked vertically and horizontally. The building has a common external entrance and units are accessed through internal entrances.

Districts Where Allowed Districts where this use is Allowed by Right: Rm-1

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(b)
(1) In the Rm-1 District, all efficiency and one-bedroom, two-bedroom, three-bedroom, or four-bedroom apartments or any combination thereof shall be allowed at a maximum density of 12 dwelling units per net acre of lot area.
(2) The main entrance to a multifamily dwelling building shall face the primary street.
(3) All off-street parking shall be located to the side or rear of the principal building unless otherwise approved by the Planning Commission. Off-street parking located to the side of the principal building shall be set back a minimum of three feet from the front elevation of the principal building.
(4) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(5) Service areas, dumpsters, and utilities shall not be visible from rights-of-way and shall not be located in any front yard or street-facing side yard.
(6) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(7) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Masonry and stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. All materials utilized on upper floors shall have a minimum thickness of one inch and shall be structurally integrated into the facade of the building.

Dwelling, multifamily complex

A master planned development with more than two multifamily buildings on a lot.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: Rm-1

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(c)
(1) In the Rm-1 District, all efficiency and one-bedroom, two-bedroom, and three-bedroom apartments, or any combination thereof shall be allowed at a maximum density of 16 dwelling units per net acre of lot area, minimums shall be met:
(2) Buildings shall be arranged, and site circulation shall be designed to create a sense of a public realm by framing and defining open spaces, street frontages, and amenities.
(3) Buildings and other site improvements shall be clustered to maximize contiguous areas that can be dedicated to stormwater management.
(4) Building orientation shall reinforce site circulation patterns, open space patterns, and connections to other buildings on site.
(5) Parking shall be integrated into the overall site design to minimize visual impact, reduce the loss of trees, and be visually concealed from public rights-of-way.
(6) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(7) Service areas, dumpsters, and utilities shall not be visible from rights-of-way and shall not locate in any front yard or street-facing side yard.
(8) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(9) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Masonry and stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. All materials utilized on upper floors shall have a minimum thickness of one inch and shall be structurally integrated into the facade of the building.

(10) A minimum of 30% of the site shall be developed as usable open space and shall be sited to preserve natural site features and integrate with the buildings and site circulation to provide common outdoor amenities and gathering places.

Dwelling, single-family attached

A building, also called a duplex, townhome, or rowhome, containing two or more separate dwelling units that are stacked horizontally and share at least one common wall with an adjacent dwelling. Each unit has a separate external entrance.

Vehicle Parking:
1 enclosed parking space per dwelling unit. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:

(1) The required interior side yard setback may be reduced to zero feet to accommodate single-family attached dwellings located on two or more zoning lots.
(2) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Masonry and stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as vinyl siding, EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. Vinyl siding shall be, at minimum, a standard residential grade thickness of 0.44 mm. All other materials utilized on upper floors shall have a minimum thickness of one inch, and shall be structurally integrated into the façade of the building.

(3) A minimum of one parking space, as required in Section 17-0501: Off-street parking of this Zoning Ordinance, shall be provided in an attached or detached garage.
(4) Attached garages. Single-family attached dwelling units may have attached garages if the following conditions are met.

a. The attached garage shall be subordinate to the principal building.
b. The maximum size of the attached garage shall not exceed 75% of the livable area of the principal building.
c. The attached garage shall share a common wall and roof with the principal building.
d. The attached garage shall provide internal access to the principal building.
e. The height of the attached garage shall not exceed the height of the principal building.
f. The height of the attached garage doors shall not exceed eight feet.
g. If the garage is located on the primary facade, it shall meet the following standards:

1. Garage set ahead.

[a] The garage may be set ahead a maximum of five feet from the front facade of the home, inclusive of porches, bay windows, or other minor projections.
[b] If the garage is set ahead from the front facade of the home, as detailed in Subsection (4)g1[a] above, it shall not exceed 45% of the facade's total width.

2. Garage in line. If the garage is in line with the front facade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed 50% of the facade's total width.
3. Garage set behind.

[a] The garage may be set behind the front facade of the home, exclusive of porches, bay windows, or other minor projections, a minimum of one foot.
[b] If the garage is set behind the front facade of the home, as detailed in Subsection (4)g3[a] above, it shall not exceed 55% of the facade's total width.

See Figure 4.1 for more information.

Dwelling, single-family attached, 2 plus stories and/or 5 plus dwelling units

A building, also called a duplex, townhome, or rowhome, containing two or more separate dwelling units that are stacked horizontally and share at least one common wall with an adjacent dwelling. Each unit has a separate external entrance.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Bicycle Parking:
1 enclosed parking space per dwelling unit. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(d)
(1) The required interior side yard setback may be reduced to zero feet to accommodate single-family attached dwellings located on two or more zoning lots.
(2) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Masonry and stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as vinyl siding, EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. Vinyl siding shall be, at minimum, a standard residential grade thickness of 0.44 mm. All other materials utilized on upper floors shall have a minimum thickness of one inch, and shall be structurally integrated into the façade of the building.

(3) A minimum of one parking space, as required in § 17.0501 of this Zoning Ordinance, shall be provided in an attached or detached garage. See "Vehicle Parking" above for details.

(4) Attached garages. Single-family attached dwelling units may have attached garages if the following conditions are met.

a. The attached garage shall be subordinate to the principal building.
b. The maximum size of the attached garage shall not exceed 50% of the livable area of the principal building.
c. The attached garage shall share a common wall and roof with the principal building.
d. The attached garage shall provide internal access to the principal building.
e. The height of the attached garage shall not exceed the height of the principal building.
f. The height of the attached garage doors shall not exceed eight feet.
g. If the garage is located on the primary facade, it shall meet the following standards:

1. Garage set ahead

[a] The garage may be set ahead a maximum of five feet from the front facade of the home, inclusive of porches, bay windows, or other minor projections.
[b] If the garage is set ahead from the front facade of the home, as detailed in Subsection [a] above, it shall not exceed 45% of the facade's total width.

See Figure 4-1 for single-family attached garage set ahead standard.

2. Garage in line. If the garage is in line with the front facade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed 50% of the facade's total width.

See Figure 4-1 for single-family attached garage in line standard.

3. Garage set behind

[a] The garage may be set behind the front facade of the home, exclusive of porches, bay windows, or other minor projections, a minimum of one foot.
[b] If the garage is set behind the front facade of the home, as detailed in Subsection (d)(4)g3[a] above, it shall not exceed 55% of the facade's total width.

See Figure 4-1 for single-family attached garage set behind.

Dwelling, single-family attached, one story and up to 4 dwelling units

A building, also called a duplex, townhome, or rowhome, containing two or more separate dwelling units that are stacked horizontally and share at least one common wall with an adjacent dwelling. Each unit has a separate external entrance.

Districts Where Allowed Districts where this use is Allowed by Right: Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(d)
(1) The required interior side yard setback may be reduced to zero feet to accommodate single-family attached dwellings located on two or more zoning lots.
(2) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to wood, masonry, stucco, fiber cement, or stone veneer systems. Masonry and stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.
b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as vinyl siding, EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. Vinyl siding shall be, at minimum, a standard residential grade thickness of 0.44 mm. All other materials utilized on upper floors shall have a minimum thickness of one inch, and shall be structurally integrated into the façade of the building.

(3) A minimum of one parking space, as required in § 17.0501 of this Zoning Ordinance, shall be provided in an attached or detached garage. See "Vehicle Parking" above for details.
(4) Attached garages. Single-family attached dwelling units may have attached garages if the following conditions are met.

a. The attached garage shall be subordinate to the principal building.
b. The maximum size of the attached garage shall not exceed 50% of the livable area of the principal building.
c. The attached garage shall share a common wall and roof with the principal building.
d. The attached garage shall provide internal access to the principal building.
e. The height of the attached garage shall not exceed the height of the principal building.
f. The height of the attached garage doors shall not exceed eight feet.
g. If the garage is located on the primary facade, it shall meet the following standards:

1. Garage set ahead

[a] The garage may be set ahead a maximum of five feet from the front facade of the home, inclusive of porches, bay windows, or other minor projections.
[b] If the garage is set ahead from the front facade of the home, as detailed in Subsection [a] above, it shall not exceed 45% of the facade's total width.

See Figure 4.1 for single-family attached garage set ahead standard.

2. Garage in line. If the garage is in line with the front facade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed 50% of the facade's total width.

See Figure 4.1 for single-family attached garage in line standard.

3. Garage set behind

[a] The garage may be set behind the front facade of the home, exclusive of porches, bay windows, or other minor projections, a minimum of one foot.
[b] If the garage is set behind the front facade of the home, as detailed in Subsection (d)(4)g3[a] above, it shall not exceed 55% of the facade's total width.

See Figure 4.1 for single-family attached garage set behind.

Dwelling, single-family detached

A building designed for or occupied exclusively by one family, including manufactured homes.

Districts Where Allowed Districts where this use is Allowed by Right: A-1, ER, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(e)
(1) Exterior building materials shall be traditional, time- and weather-tested materials and techniques.

a. Exterior building materials utilized on the ground floor shall be limited to vinyl siding, wood, masonry, stucco, fiber cement, or stone veneer systems. Vinyl siding shall be, at minimum, a standard residential grade thickness of 0.44 mm. Masonry and stone veneer systems utilized on the ground floor shall have a minimum thickness of three inches.

b. Exterior building materials utilized on upper floors may include all materials permitted on the ground floor as well as vinyl siding, EIFS, stone veneer systems, or precast panels with inlaid or stamped brick texture. Vinyl siding shall be, at minimum, a standard residential grade thickness of 0.44 mm. All other materials utilized on upper floors shall have a minimum thickness of one inch, and shall be structurally integrated into the façade of the building.

(2) Attached garages. Single-family detached dwelling units may have attached garages if the following conditions are met.

a. The attached garage shall be subordinate to the principal building.
b. The maximum size of the attached garage shall not exceed 75% of the livable area of the principal building.
c. The attached garage shall share a common wall and roof with the principal building.
d. The attached garage shall provide internal access to the principal building.
e. The height of the attached garage shall not exceed the height of the principal building.
f. The height of the attached garage doors shall not exceed eight feet.
g. If the garage is located on the primary facade, it shall meet the following standards:

1. Garage set ahead

[a] The garage may be set ahead a maximum of five feet from the front facade of the home, inclusive of porches, bay windows, or other minor projections.
[b] If the garage is set ahead from the front facade of the home, as detailed in Subsection [a] above, it shall not exceed 45% of the facade's total width.

See Figure 4.2 for single-family attached garage set ahead.

2. Garage in line. If the garage is in line with the front facade of the home, exclusive of porches, bay windows, or other minor projections, it shall not exceed 50% of the facade's total width.

See Figure 4.2 for single-family attached garage in line.

3. Garage set behind

[a] The garage may be set behind the front facade of the home, exclusive of porches, bay windows, or other minor projections, a minimum of one foot.
[b] If the garage is set behind the front facade of the home, as detailed in Subsection (e)(2)g3[a] above, it shall not exceed 55% of the facade's total width.

See Figure 4.2 for single-family attached garage in line.

4. Side-entry garage.

[a] Side-entry garages shall meet the district setback and building standards in Table 17.0301(a).
[b] The garage may be set ahead of, but considered part of, the primary façade of the home.

[1] If the garage utilizes the same exterior building materials and design as the dwelling.
[2] If the garage incorporates a window on the same side as the primary facade of the home.
[3] If all driveway, garage access, and parking pad requirements of § 17.0503 are met.

Essential service

Services provided by public and private utilities necessary for the exercise of the principal use or service of the principal structure. These services include underground, surface, or overhead facilities such as gas, electrical, steam, water, sanitary sewerage, storm water drainage, and communication systems and accessories thereto, such as poles, towers, wires, mains, drains, vaults, culverts, laterals, sewers, pipes, detention basins, drainage channels, catch basins, water storage tanks, conduits, cables, fire alarm boxes, police call boxes, traffic signals, pumps, lift stations, railroad tracks, and hydrants, but not including buildings.

Farmers market

The offering for sale of fresh agricultural products directly to the consumer at an open-air market.

Flea market

Any premises where the principal use is the sale of new or used household goods, personal effects, tools, artwork, small household appliances, and similar merchandise, equipment or objects, in small quantities, in broken lots or parcels, not in bulk, for use or consumption by the immediate purchaser. Flea markets may be conducted within a structure or in the open air. Rummage sales and garage sales are not considered to be flea markets.

Fuel sales

Any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing and sales of fuel for passenger vehicles.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-4, B-6

Vehicle Parking:
1 parking space per fuel pump. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0409(a)

Fuel sales and fueling plaza.

(1) Fuel sale and fueling plaza uses shall front and be accessed from arterial or collector streets only.
(2) All fuel pumps shall be set back a minimum of 25 feet from the street right-of-way and side and/or rear lot lines.
(3) All fuel pump canopies shall be located a minimum of 20 feet from the street right-of-way and side and/or rear lot lines.
(4) All fuel pumps and fuel pump canopies shall be located a minimum of 50 feet from any residential district boundary line.
(5) Fuel pump canopies shall maintain a uniform and consistent roofline with the building to which the fuel pump canopy is associated. The Plan Commission may approve additional fuel pump canopy height to accommodate fuel pump canopies that serve commercial vehicles.
(6) Fuel pump canopies shall be lit with only non-surface-mounted or recessed lighting.
(7) Signs displayed on fuel pump canopies shall:

a. Be located only on faces of the canopy fronting a public right-of-way.
b. Not exceed 25% of the face of the canopy on which the sign is to be located.
c. Not protrude above the highest point of the canopy.
d. Not extend more than six inches from the face of the canopy on which the sign is attached.
e. Feature sign copy that is individually affixed letters or appear to be individually affixed letters only.

(8) The exterior of the base of any column supporting a fuel pump canopy shall be consistent with the materials used for the exterior of the principal building up to a height of four feet.
(9) Any outdoor display or sale of merchandise shall be pursuant to § 17-0414(j).

See Figure 4.3 for more information.

Fueling plaza

Any building, land area, or other premises, or portion thereof, used or intended to be used for the retail dispensing and sales of fuel for passenger and commercial vehicles.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-4, B-6

Vehicle Parking:
1 parking space per fuel pump. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0409(a)

Fuel sales and fueling plaza.

(1) Fuel sale and fueling plaza uses shall front and be accessed from arterial or collector streets only.
(2) All fuel pumps shall be set back a minimum of 25 feet from the street right-of-way and side and/or rear lot lines.
(3) All fuel pump canopies shall be located a minimum of 20 feet from the street right-of-way and side and/or rear lot lines.
(4) All fuel pumps and fuel pump canopies shall be located a minimum of 50 feet from any residential district boundary line.
(5) Fuel pump canopies shall maintain a uniform and consistent roofline with the building to which the fuel pump canopy is associated. The Plan Commission may approve additional fuel pump canopy height to accommodate fuel pump canopies that serve commercial vehicles.
(6) Fuel pump canopies shall be lit with only non-surface-mounted or recessed lighting.
(7) Signs displayed on fuel pump canopies shall:

a. Be located only on faces of the canopy fronting a public right-of-way.
b. Not exceed 25% of the face of the canopy on which the sign is to be located.
c. Not protrude above the highest point of the canopy.
d. Not extend more than six inches from the face of the canopy on which the sign is attached.
e. Feature sign copy that is individually affixed letters or appear to be individually affixed letters only.

(8) The exterior of the base of any column supporting a fuel pump canopy shall be consistent with the materials used for the exterior of the principal building up to a height of four feet.
(9) Any outdoor display or sale of merchandise shall be pursuant to § 17-0414(j).

See Figure 4.3 for more information.

Funeral parlor with cremation services

A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home, as defined for purposes of this Code, includes a funeral chapel.

Funeral parlor without cremation services

A building used for the preparation of the deceased for burial and display of the deceased and rituals connected therewith before burial or cremation. A funeral home, as defined for purposes of this Code, includes a funeral chapel.

Garage/estate sale

RUMMAGE SALE —The occasional sale of personal property at a residence conducted by one or more families in a neighborhood. Rummage sales are also known as "garage sales." Flea markets, defined elsewhere in this section, are not rummage sales.

Garden plots for rent

General farm structures

General farming

General retail, 50,000 square feet to 100,000 square feet

Any establishment whose primary activity is the provision of products, as opposed to assistance, to individuals. Any retail use otherwise listed in § 17-0304: Permitted and conditional uses. or defined herein shall not be considered a general retail use.

General retail, less than 50,000 square feet

Any establishment whose primary activity is the provision of products, as opposed to assistance, to individuals. Any retail use otherwise listed in § 17-0304: Permitted and conditional uses. or defined herein shall not be considered a general retail use.

General retail, more than 100,000 square feet

Any establishment whose primary activity is the provision of products, as opposed to assistance, to individuals. Any retail use otherwise listed in § 17-0304: Permitted and conditional uses. or defined herein shall not be considered a general retail use.

General service

Any establishment whose primary activity is the provision of assistance, as opposed to products, to individuals. Any service use otherwise listed in § 17-0304: Permitted and conditional uses. or defined herein shall not be considered a general service use.

Golf course

A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards.

Districts Where Allowed Districts where this use is Allowed by Right: FW Districts where this use may be allowed with a Conditional Use Permit: P-1

Vehicle Parking:
1 parking space per 3 people at maximum capacity. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 17-0307(c)(4).

Golf course, miniature

A novelty version of golf played with a putter and a golf ball on a miniature course, typically with artificial playing surfaces, and including obstacles such as bridges and tunnels.

Governmental use, indoor

A facility owned, operated, or occupied by a governmental agency to provide a governmental service to the public.

Governmental use, outdoor

A facility owned, operated, or occupied by a governmental agency to provide a governmental service to the public.

Grocery store

A retail establishment of at least 25,000 square feet in area, where food products and related household products are sold.

Health, athletic, or recreation facility, indoor

A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.

Health, athletic, or recreation facility, outdoor

A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities, operated for profit or not-for-profit and which can be open only to bona fide members and guests of the organization or open to the public for a fee.

Home occupation

Any occupation for financial gain or support conducted entirely within the premises by resident occupants, which is customarily incidental to the principal use of the premises. Home occupation shall not include the performance of a regular job function remotely from the place of the employer's physical location.

Districts Where Allowed Districts where this use is Allowed by Right: A-1, B-2, B-4, B-6, ER, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(h)
(1) All home occupations shall be required to receive a home occupation permit.
(2) The primary use of the structure shall be as a dwelling unit.
(3) The following standards shall be complied with in full at all times:

a. No person other than a resident of the dwelling unit shall be engaged or employed in the home occupation on the premises;
b. No additional sign area, beyond what is permitted in residential districts in Article VI: Sign Standards shall be granted to home occupations;
c. No mechanical equipment shall be utilized except that which is necessarily, customarily, or ordinarily used for household or leisure purposes;
d. No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the site except those which are necessarily, customarily, or ordinarily used for household or leisure purposes;
e. There shall be no outside operations, storage, or display of materials or products;
f. No alteration of the residential appearance of the premises shall occur, including the creation of a separate entrance for the home occupation;
g. No process shall be used which is hazardous to public health, safety, morals, or welfare;
h. Visitors, customers, or deliveries shall not exceed that normally and reasonably occurring for a residence including not more than two business visitors per hour, not to exceed a total of eight visitors per day, and not more than two deliveries of product or material per week;
i. The home occupation shall not displace or impede use of required parking spaces, including any business storage in required garage parking areas; and
j. No advertisement shall be placed in any media containing the address of the property.

Hospital

An institution providing health, medical and surgical facilities, for diagnostic, mental, and medical treatment (both surgical and nonsurgical) to inpatients with any of a wide variety of medical conditions. These establishments maintain inpatient beds, provide patients with food services and an organized staff of physicians and other medical personnel to provide patient care services. These establishments commonly provide other services, such as outpatient, diagnostic, clinical laboratory, and pharmacy services.

Hotel

An establishment that provides lodging for periods of less than one week to the public in rooms accessed from a common lobby. Hotels shall contain the following amenities; indoor pools, fitness centers, breakfast/pantry/market areas, outdoor patio seating, twenty-four-hour on-premises staff, and available daily housekeeping. Self-service guest laundry facilities shall be prohibited. Hotels do not include a dwelling unit that serves as the owner or renter's primary residence but is leased or rented for short-term lodging, such as vacation rentals or homestays, via web-based home or room sharing services such as AirBNB, VRBO, and HomeAway.

Hotel, extended stay

A hotel as defined in this chapter in which lodging is provided to the public for one week or more.

Keeping and raising of domestic stock, commercial

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0402(a) Keeping and raising of domestic stock.
(1) No more than one horse, cow, sheep, hog, or similar animal, over six months of age, shall be kept for each acre; or
(2) No more than 10 chickens, ducks, or similar poultry, over two months of age, shall be kept for each acre; or
(3) No more than 20 rabbits or hare, over two months of age, shall be kept for each acre.
(4) No more than one beehive shall be kept for each acre.
(5) The keeping and raising of fur-bearing animals, except rabbits, is prohibited.
(6) Combinations of the above shall be apportioned to the total acreage and the Community Development Director or their designee shall determine the total number of animals allowed.
(7) Commercial slaughterhouses are prohibited.

Keeping and raising of horses and other animals

Districts Where Allowed Districts where this use is Allowed by Right: ER

Development Requirements:
§ 17-0414(i)

(1) No more than two horses, donkeys, mules, ponies or their offspring over six months of age shall be kept on a parcel less than or equal to three acres. No more than one additional horse, donkey, mule or pony shall be kept for each additional acre over three acres.
(2) No other domestic stock shall be raised or kept.

Buildings for the housing of horses and other animals shall be setback a minimum of 50 feet from all lot lines § 17.0414(e).

Kennel/boarding facility/shelter

KENNEL (aka animal boarding facility) — Any structure or premises in which animals are kept, boarded, bred, or trained for commercial gain.

ANIMAL SHELTER — A facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals. Includes basic medical treatment and adoption services, but excludes surgical or on-site cremation services.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: Lm-1

Vehicle Parking:
1 parking space per 250 square feet. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0406(a)

(1) Kennel

a. Kennels shall be limited to the raising, breeding, boarding, and grooming of domestic dogs and cats.
b. The minimum lot size for a kennel shall be two acres.
c. Dogs kept on premises will not equal more than 15 per acre of land.
d. Cats kept on premises will not equal more than 25 per acre of land.
e. All dog runs shall be hard-surfaced, compacted fine stone or grassed. Hard-surfaced dog runs shall meet all stormwater disposal requirements of § 15.66 of the City's Building Code.
f. Dog runs shall be setback 50 feet from any lot line or as determined by the Plan Commission. All other buildings and structures shall follow the setbacks of the governing zoning district.
g. Dog runs shall not be used between the hours of 8:00 p.m. and 8:00 a.m.
h. Methods shall be used to reduce the impact of noise on adjacent properties, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.

(2) Boarding facility

a. Dog runs shall be set back as far as possible from all residential properties. In no case shall the minimum setback be less than 150 feet from a residential lot line.
b. Methods shall be used to reduce the impact of noise on adjacent properties, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.
c. The animals shall be boarded in appropriate kennel units with insulation to further abate noise.
d. The facility shall have appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the boarding area.
e. The boarding area shall be air-conditioned and heated so that any windows, doors, or other openings can be closed at all times, with the exception of ingress and egress into the area.
f. The total area designated for boarding within the building shall not exceed 75% of the gross floor area of the facility.

Laboratory

A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.

Manufacturing, artisan

The application, teaching, making, and/or fabrication of crafts or products by an artist, artisan, or craft person and is often limited to light manufacturing uses, such as small-scale fabrication, small-batch bakeries, or micro-distilleries. These uses often include accessory retail space as well as live-work units.

Districts Where Allowed Districts where this use is Allowed by Right: B-4, Lm-1, M-1 Districts where this use may be allowed with a Conditional Use Permit: B-2, B-3, B-6

Vehicle Parking:
1 parking space per 1,500 square feet. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0411(a)
(1) Gross floor area shall not exceed 10,000 square feet.
(2) Outdoor storage and/or permanent outdoor operations or activities shall be prohibited.
(3) Retail sales of goods manufactured on-site shall be permitted but shall be limited to 25% of each tenant space.
(4) A maximum of one residential unit shall be permitted but shall be limited to 25% of the total area of the building.

Manufacturing, heavy

The manufacturing, predominately from materials prepared on site, of products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, inclusive of basic industrial processing and custom manufacturing. Manufacturing activities are primarily contained within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely on site or mitigated.

Manufacturing, light

The manufacturing, predominately from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing and custom manufacturing, provided all manufacturing activities are contained entirely within a building and noise, odor, smoke, heat, glare, and vibration resulting from the manufacturing activity are confined entirely within the building.

Medical diagnostic facility/laboratory

A facility that provides diagnostic services or tests to a patient in order to obtain information to aid in the assessment of a medical condition, the identification of a disease, or to determine the nature and severity of an injury. Services or tests may include, but not be limited to: x-rays, blood tests, urine tests, radiographs, clinical examinations, biopsies, and similar. Excludes laboratories for experimental or animal research, pharmaceutical manufacturing, or similar uses.

Microbrewery/winery/distillery

MICROBREWERY — A small facility that brews ales, beers, meads, and/or similar beverages primarily for consumption on premise and may include a standard restaurant, bar, or tasting room allowing customers to sample products produced on-site. Also known as a craft brewery.

DISTILLERY — A facility which produces, by distillation, spirits for consumption, the sales and distribution of which are subject to regulation by the Wisconsin Department of Revenue.

WINERY — An agricultural processing facility used for:

1) the fermenting and processing of fruit juice into wine; or
2) the refermenting of still wine into sparkling wine.

Mobile home park

A parcel (or contiguous parcels) of land which has been developed for the placement of mobile homes and is owned by an individual, firm, trust, partnership, public or private association, or corporation. Individual lots within a mobile home park are rented to individual mobile home users.

Districts Where Allowed Districts where this use is Allowed by Right: Rs-5

Vehicle Parking:
2 parking spaces per mobile home space. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0403(f)

Mobile/manufactured home park.

(1) All mobile/manufactured home parks shall be serviced by public water, sanitary sewer, stormwater utilities.
(2) Mobile/manufactured home park without platted lots.

a. The minimum mobile/manufactured home park size shall be five acres.
b. The minimum mobile/manufactured home park width shall be 300 feet at the street right-of-way line.
c. The maximum number of mobile home sites within a mobile/manufactured home park shall be 7.2 per net acre.
d. A minimum of 10% of the mobile/manufactured home park development area, exclusive of streets, shall be devoted to common recreational uses.
e. No mobile home unit shall be located closer than 25 feet to a mobile/manufactured home park exterior lot line.
f. The minimum setback between a mobile home unit and a service road shall be 15 feet.
g. The minimum distance between mobile home units shall be 12 feet.
h. All drives and service roads shall be a minimum of 20 feet wide.
i. All drives, service roads, parking areas, and walkways shall be surfaced with concrete or asphalt.
j. There shall be a minimum of two parking spaces available adjacent to each mobile home unit. Each parking area shall be at least 400 square feet in area; shall be well drained; and shall be surfaced with concrete or asphalt.
k. Visitor parking shall be provided in the mobile park at the rate of one space per mobile home site. Supplemental parking areas shall be provided in each mobile/manufactured home park for boats, camping trailers, and utility trailers. No such equipment shall be parked on any mobile home site.
l. Each mobile home shall either be placed on a foundation or on a concrete pad. If it is to be placed on a foundation, the foundation shall be of a type recommended by the unit manufacturer and approved by the Community Development Director or their designee. If it is to be placed on a pad, the pad shall be at least four inches thick over an approved gravel base, and be at least equal in width and length to the mobile home unit being placed on the pad.
m. The space between the unit and the pad shall be enclosed, but only with the use of noncombustible materials such as aluminum or fiberglass. Such skirting materials shall be of a type compatible with the material and color scheme of the mobile home unit. No person occupying or owning a mobile home, or a licensee of a mobile/manufactured home park shall build or cause to be erected any lean-to, shed, or addition to a mobile home without the approval of the Community Development Director or their designee. Nothing herein contained shall prohibit the use of stabilization measures, nor shall this subsection prohibit attachment to a mobile home of a shelter roof, provided that such roof does not extend more than eight feet into a side yard, or extend more than 20 feet in length, or extend beyond the length of the mobile home. Such roof and its supporting members shall be constructed entirely of noncombustible materials and the roof section together with its framing shall not be less than six feet above the grade immediately beneath any point of the roof section.
n. Each mobile home may have adjacent to it, a freestanding accessory building not exceeding 120 square feet in area and a garage not exceeding 280 square feet in area, provided that neither building is located closer than 10 feet from any other building or structure.
o. All mobile homes shall be provided with City water, sanitary sewer, and storm sewer facilities.
p. Where portable fuel tanks are utilized, they shall be placed at the rear or side of the mobile home in as close proximity to the rear of the unit as possible.
q. All electric, telephone, and cable TV lines shall be installed underground; except where determined unfeasible or otherwise undesirable by the Plan Commission.
r. Every mobile/manufactured home park shall submit a solid waste disposal plan. Garbage and rubbish shall be collected weekly and disposed of by the park owner in accordance with the approved plan.
s. No business or commercial use, except permitted home occupations, shall be located on the mobile/manufactured home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage, and a manager's office are permitted.
t. Each mobile/manufactured home park shall be completely enclosed, except for permitted entrances and exits, by either:

1. A grassed earthen berm of a least six feet in height.
2. A fence of uniform material that is at least six feet in height and provides an effective visual screen.
3. A densely planted line of coniferous plants that will grow to a height of at least six feet within three years of planting.
4. Any combination of the aforementioned that provides a visual screen and is at least six feet in height.

u. The total minimum floor area of the mobile home shall be 980 square feet.
v. All mobile homes shall meet the construction standards of the Mobile Homes Manufacturing Association.
w. A site plan for the entire mobile/manufactured home park shall be submitted to the Plan Commission for review and approval prior to any construction within the park.

(3) Mobile/manufactured home park with platted lots.

a. The minimum mobile/manufactured home park size shall be five acres.
b. The minimum mobile/manufactured home park width shall be 300 feet at the street right-of-way line.
c. The maximum number of mobile home sites within a mobile/manufactured home park shall be 7.2 per net acre.
d. A minimum of 10% of the mobile/manufactured home park development area, exclusive of streets, shall be devoted to common recreational uses.
e. The minimum lot area for a mobile home shall be 6,000 square feet. The minimum lot width shall be 50 feet with corner lots being not less than 60 feet.
f. No mobile home unit shall be located closer than 25 feet to a mobile/manufactured home park exterior lot line.
g. The minimum setback between a mobile home unit and a service road shall be 15 feet.
h. The minimum distance between mobile home units shall be 12 feet.
i. All drives and service roads shall be a minimum of 20 feet wide.
j. The minimum rear setback for mobile homes is 20 feet.
k. All drives, service roads, parking areas, and walkways shall be surfaced with concrete or asphalt.
l. There shall be a minimum of two parking spaces per mobile home unit located on each lot. Each parking area on each lot shall be at least 400 square feet in area; shall be well drained; and shall be surfaced with concrete or asphalt.
m. Visitor parking shall be provided in the mobile park at the rate of one space per mobile home site. Supplemental parking areas shall be provided in each mobile/manufactured home park for boats, camping trailers, and utility trailers. No such equipment shall be parked on any mobile home site.
n. Each mobile home shall either be placed on a foundation or on a concrete pad. If it is to be placed on a foundation, the foundation shall be of a type recommended by the unit manufacturer and approved by the Community Development Director or their designee. If it is to be placed on a pad, the pad shall be at least four inches thick over an approved gravel base and be at least equal in width and length to the mobile home unit being placed on the pad.
o. The space between the unit and the pad shall be enclosed, but only with the use of noncombustible materials such as aluminum or fiberglass. Such skirting materials shall be of a type compatible with the material and color scheme of the mobile home unit. No person occupying or owning a mobile home or a licensee of a mobile/manufactured home park shall build or cause to be erected any lean-to, shed, or addition to a mobile home without the approval of the Community Development Director or their designee. Nothing herein contained shall prohibit the use of stabilization measures, nor shall this paragraph prohibit attachment to a mobile home of a shelter roof, provided that such roof does not extend more than eight feet into a side yard, or extend more than 20 feet in length, or extend beyond the length of the mobile home. Such roof and its supporting members shall be constructed entirely of noncombustible materials and the roof section together with its framing shall not be less than six feet above the grade immediately beneath any point of the roof section.
p. Each mobile home site may contain a freestanding accessory building not exceeding 120 square feet in area and a garage not exceeding 280 square feet in area, provided that neither accessory building is located closer than five feet to a side or rear lot line, or 10 feet from any other structure.
q. All mobile homes shall be provided with City water, sanitary sewer, and storm sewer facilities.
r. Where portable fuel tanks are utilized, they shall be placed at the rear or side of the mobile home in as close proximity to the rear of the unit as possible.
s. All electric, telephone, and cable TV lines shall be installed underground, except where determined unfeasible or otherwise undesirable by the Plan Commission.
t. Every mobile/manufactured home park shall submit a solid waste disposal plan. Garbage and rubbish shall be collected weekly and disposed of by the park owner in accordance with the approved plan.
u. No business or commercial use, except permitted home occupations, shall be located on the mobile/manufactured home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage, and a manager's office are permitted.
v. Each mobile/manufactured home park shall be completely enclosed, except for permitted entrances and exits, by either:

1. A grassed earthen berm of a least six feet in height.
2. A fence of uniform material that is at least six feet in height and provides an effective visual screen.
3. A densely planted line of coniferous plants that will grow to a height of at least six feet within three years of planting.
4. Any combination of the aforementioned that provides a visual screen and is at least six feet in height.

w. The total minimum floor area of the mobile home shall be 980 square feet.
x. All mobile homes shall meet the construction standards of the Mobile Homes Manufacturing Association.
y. A site plan for the entire mobile/manufactured home park shall be submitted to the Plan Commission for review and approval prior to any construction within the park.

Mobile retail food establishment/food truck

FOOD TRUCK — A large, motorized vehicle or trailer, equipped to cook, prepare, serve, and/or sell food.

Districts Where Allowed Districts where this use is allowed as a Temporary Use: B-2, B-3, B-4, B-6, I-1, Lm-1, M-1, P-1

Development Requirements:
§ 17-0415(c)

(1) Mobile food retail establishments/food trucks may only be established on sites which have an active open business during the hours of the food truck operations, or in a location as approved by the Director of Community Development.
(2) Sites for mobile food retail establishments/food trucks are required to have full public improvements (curb, gutter, sidewalk, access drive, etc.).
(3) Mobile food retail establishments/food trucks shall locate on paved surfaces. Mobile food retail establishments/food trucks located on unimproved surfaces, landscaping areas, and required setback areas are prohibited. No food truck shall locate on dirt or gravel areas.
(4) Mobile food retail establishments/food trucks shall obtain written permission from the property owner(s), and upon demand shall provide it to authorized representatives of the City of Oak Creek.
(5) Only one food truck is allowed per lot with the exception of a long-term temporary use as detailed in § 17.0804(c) or a short-term temporary use as detailed in § 17.0803(i).
(6) Mobile food retail establishments/food trucks shall only impact no more than four parking stalls or 650 square feet, whichever is less, on private property including all vending activity, tables, chairs, and trash/recycling receptacles.
(7) Tables and chairs (furniture) shall be permitted and shall be located on improved and/or paved surfaces.
(8) Tables and chairs located in parking stalls, landscape areas, or drive aisles shall be prohibited, excepting the four parking stall area designated for vending.
(9) A minimum of one trash receptacle and one recycling receptacle shall be provided per mobile food retail establishments/food truck.
(10) Furniture and trash/recycling receptacles shall not be retained on-site overnight.
(11) Mobile food retail establishments/food trucks may not occupy or operate within an ADA parking stall or a pedestrian path.
(12) Drive aisles, sidewalks, access to trash enclosures and similar areas may not be blocked by any vending activity.
(13) Mobile food retail establishments/food trucks are prohibited within 300 feet from the front door of any restaurant unless written permission from the restaurant owner/operator is provided.
(14) Prior to each instance of mobile food retail establishments/food truck establishment, a copy of the mobile food retail establishments/food truck license and written proof of the last mobile food retail establishments/food truck inspection date to the satisfaction of the City’s Environmental Health Specialist shall be provided. If an inspection by the City’s Environmental Health Specialist is required, a fee shall be provided in accordance with the adopted fee schedule.

Mobile retail food establishment/food truck park

FOOD TRUCK PARK — A permanently established area designed to accommodate multiple food trucks and offering food and/or beverages for sale to the public as the main use of the property.

Districts Where Allowed Districts where this use is Allowed by Right: B-2, B-3, B-4, B-6

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0408(b)
(1) The maximum number of food trucks allowed on site will be dependent on the size of the lot and sites ability to provide required electrical access and parking. Site plans shall be provided to the City for review before permitting.
(2) A minimum of 10 feet of clearance shall be provided between all individual food trucks.
(3) The area for a food truck park shall be clearly defined and separated from all patron parking with an enclosure. Any use of fencing or planters to separate the food truck park from parking shall provide visibility into the site and shall not exceed four feet in height.
(4) Food truck parks are encouraged to create an inviting and attractive aesthetic environment and shall include seating and shade elements.
(5) A minimum of two permanent restrooms that meet ADA standards within 200 feet of the food truck area shall be made accessible to patrons during hours of operation.
(6) Food truck parks shall be located a minimum of 500 feet away from any brick-and-mortar restaurant unless said restaurant is operating a truck within the food truck park, as measured from the facility property line.
(7) Any food truck park shall not be located less than 1,500 feet from any other food truck park, as measured from the facility property line.
(8) Electrical service shall be provided to each food truck.
(9) A minimum of one trash receptacle and one recycling receptacle shall be provided per food truck. The food truck park shall also provide a commercial dumpster outside of the designated patron area for waste disposal. This dumpster shall be screened in accordance with § 17-0506(a).
(10) Food trucks shall be inspected in accordance with the State of Wisconsin.

Model home

Motel

An establishment that provides lodging to the public in rooms accessed from an outdoor gangway or parking lot. This does not include a dwelling unit that serves as the owner or renter's primary residence but is leased or rented for short-term lodging, such as vacation rentals or homestays, via web-based home or room sharing services such as AirBNB, VRBO, and HomeAway.

Motor freight terminal

A building or area in which freight brought by motor truck is assembled or stored for routing in intrastate or interstate shipment by motor truck.

Multitenant shopping center

A group of retail and other commercial establishments that is planned, owned, and managed as a single development.

Neighborhood retail

A general retail establishment with no more than 2,500 square feet of gross floor area.

Districts Where Allowed Districts where this use is Allowed by Right: B-2 Districts where this use may be allowed with a Conditional Use Permit: Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
1 parking space per 250 square feet. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0405(b)
(1) A neighborhood retail use shall be limited to 2,500 square feet of gross floor area.
(2) Neighborhood retail uses shall front and be accessed from arterial or collector streets only.
(3) The main entrance of a neighborhood retail use shall be oriented towards the primary street.
(4) The off-street parking and loading of a neighborhood retail use that fronts onto an existing or proposed arterial or collector roadway, as identified in the Oak Creek Comprehensive Plan or as determined by the City Engineer, may be located in the front, side, or rear of the principal building. The off-street parking and loading of a neighborhood retail use that fronts onto any other roadway type shall be located on the side or rear of the principal building.
(5) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(6) Service areas, dumpsters, and utilities shall not be visible from rights-of-way and shall not be located in any front yard or street-facing side yard.
(7) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(8) In residential districts, the architecture of a neighborhood retail use shall be similar in character to abutting properties including roof pitch, eaves, building materials, windows, trim, color, and landscaping.

Neighborhood service

A general service establishment with no more than 2,500 square feet of gross floor area.

Districts Where Allowed Districts where this use is Allowed by Right: B-2 Districts where this use may be allowed with a Conditional Use Permit: B-3, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
1 parking space per 250 square feet. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0406(b)
(1) A neighborhood service use shall be limited to 2,500 square feet of gross floor area.
(2) Neighborhood service uses shall front and be accessed from arterial or collector streets only.
(3) The main entrance of a neighborhood service use shall be oriented towards the primary street.
(4) The off-street parking and loading of a neighborhood service use that fronts onto an existing or proposed arterial or collector roadway, as identified in the Oak Creek Comprehensive Plan, may be located in the front, side, or rear of the principal building. The off-street parking and loading of a neighborhood service use that fronts onto any other roadway type shall be located on the side or rear of the principal building.
(5) A maximum of one curb cut shall be permitted per street frontage unless otherwise approved by the Plan Commission.
(6) Service areas, dumpsters, utilities, and the required screening thereof shall not be visible from a right-of-way and shall not be located in any front yard or street-facing side yards.
(7) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.
(8) In residential districts, the architecture of a neighborhood service use shall be similar in character to abutting properties including roof pitch, eaves, building materials, windows, trim, color, and landscaping.

Office, above ground floor

A building or portion of a building wherein professional services are performed involving predominantly administrative, professional, or clerical services.

Office, general

A building or portion of a building wherein professional services are performed involving predominantly administrative, professional, or clerical services.

Office, medical/dental

An office for health care providers including but not limited to, dentists, physicians, counselors, and surgeons.

Outdoor activity/operation, permanent

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-4, I-1, Lm-1, M-1

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(j)
(1) Any property with permanent outdoor activity or operations shall have a minimum lot size of five acres.
(2) Outdoor activities and operations shall be conducted between the hours of 7:00 a.m. and 9:00 p.m. unless otherwise approved by the conditional use permitting process as detailed in § 17.0804(e).
(3) Outdoor activities and operations shall be located to the rear or side of the principal building on the lot.
(4) Outdoor activities and operations shall be prohibited in front or exterior side yards.
(5) Outdoor activities and operations shall be setback a minimum of 50 feet from all lot lines when adjacent properties are zoned A-1, B-4, B-6, Lm-1, M-1, or I-1.
(6) Outdoor activities and operations shall be setback a minimum of 100 feet from all lot lines when adjacent properties are zoned ER, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5, Rd-1, Rm-1, DTS, B-2, B-3, or P-1.
(7) The following minimum screening requirements shall apply to permanent outdoor activities and operations visible from the right-of-way of an existing or proposed arterial or collector roadway, as identified in the Oak Creek Comprehensive Plan or a property zoned ER, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5, Rd-1, Rm-1, DTS, B-2, B-3, or P-1.

a. A solid wall constructed from traditional, time- and weather-tested materials and techniques such as but not limited to masonry, stone veneer systems, stucco, or precast panels with inlaid or stamped brick texture and not less than six feet and not more than eight feet in height shall be erected to screen those portions of permanent outdoor activity and operations areas visible from an existing or proposed arterial roadway, as identified in the Oak Creek Comprehensive Plan or a property zoned ER, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5, Rd-1, Rm-1, DTS, B-2, B-3, or P-1.
b. A landscape strip, not less than five feet wide shall be located in front of the wall. A minimum of four canopy or evergreen trees shall be planted and evenly spaced per every 100 lineal feet. A minimum of 10 shrubs shall be planted and evenly spaced per every 100 linear feet. All landscape maintenance requirements of § 17.0505(f) shall apply.

See Figure 4.8 for outdoor activity/operations standards.

Outdoor activity/operation, temporary

The use of a zoning lot for outdoor use for less than three continuous months, such as a lot used for the seasonal sale of pumpkins and gourds or Christmas trees.

Outdoor dining

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-2, B-4, B-6

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(k)

(1) The outdoor dining area shall be located on a hard paved surface and shall comply with all applicable Code requirements.
(2) The outdoor dining area shall not be located in a required parking space. However, parking spaces in excess of the minimum requirement for the use may be permanently converted for outdoor dining.
(3) The outdoor dining area shall not block a private or public sidewalk in a manner which reduces the width of that sidewalk to less than five feet.
(4) A fence, landscape hedge, or wall with a minimum height of three feet and maximum height of four feet shall be utilized to define the outdoor dining area.
(5) Use of the outdoor dining area shall be limited to the posted operational hours of the associated eating and drinking use.

Outdoor display/sale of merchandise, permanent

Car sales lots, equipment sales lot, retail gasoline stations, garden centers and other similar areas where products are permanently displayed or dispensed outdoors.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-3, B-4

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(l)

(1) Only those goods and materials associated with the existing on-site use may be displayed or sold.
(2) Permanent outdoor display or sales areas shall not be located within any required yard.
(3) Permanent outdoor display or sales areas shall be surfaced with an approved hard surface material. Partially paved or unpaved outdoor display or sales areas shall be prohibited.
(4) Permanent outdoor display or sales areas shall not block a private or public sidewalk in a manner which reduces the width of that sidewalk to less than five feet.
(5) Permanent outdoor display or sales areas shall not exceed 10% of the gross floor area of the principal building on the property unless approved as a conditional use.
(6) Permanent outdoor displays or sales areas larger than 400 square feet in size shall be enclosed with a solid fence or wall to screen views from public rights-of-way. The enclosure shall be a minimum height of four feet and a maximum height of eight feet. The design of the enclosure shall be compatible with the main building(s) and surrounding development.

Outdoor display/sale of merchandise, temporary

Districts Where Allowed Districts where this use is Allowed by Right: B-2, B-4, I-1, Lm-1, M-1

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0415(d)
(1) Temporary outdoor display or sale of merchandise shall be located on the same lot and in conjunction with the primary use of the lot.
(2) Temporary outdoor display or sale areas shall occur:

a. On the sidewalk area at the foundation of the primary use, limited to the free space, and not including a five-foot-wide pedestrianway.
b. In a portion of the parking lot, which shall not exceed 20% of the parking spaces required for the operation of the primary use, or 2,000 square feet, whichever is less.

Outdoor storage, permanent

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-4, I-1, Lm-1, M-1, P-1

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(m)

(1) Permanent outdoor storage areas shall be surfaced with an approved hard surface material. Partially paved or unpaved outdoor storage areas shall be prohibited.
(2) The following minimum screening requirements shall apply to all permanent outdoor storage areas which are visible from the right-of-way.

a. A solid wall constructed from traditional, time- and weather-tested materials and techniques such as but not limited to masonry, stone veneer systems, stucco, or precast panels with inlaid or stamped brick texture and not less than six feet and not more than eight feet in height shall be erected to screen those portions of permanent outdoor storage areas visible from an existing or proposed arterial roadway, as identified in the Oak Creek Comprehensive Plan, or from a property zoned ER, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5, Rd-1, Rm-1, DTS, B-2, B-3, or P-1.
b. A landscape strip, not less than five feet wide shall be located in front of the wall. A minimum of four canopy or evergreen trees shall be planted and evenly spaced per every 100 lineal feet. A minimum of 10 shrubs shall be planted and evenly spaced per every 100 lineal feet. All landscape maintenance requirements of § 17.0505(f) shall apply.

(3) Shipping containers not located on a truck or located on a truck which is kept in the same parking or loading area for more than 30 days shall be considered outdoor storage and shall be subject to all provisions for outdoor storage as found in this section.

Outlot retail building

An area located within a multitenant shopping center as defined in this chapter that shares a common parking lot with the other buildings and establishments within said multitenant shopping center, but which is separated from the principal building and establishment by a parking area.

Districts Where Allowed Districts where this use is Allowed by Right: B-4, B-6

Vehicle Parking:
1 parking space per 250 square feet. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0405(e)
(1) Outlot retail buildings shall be setback a minimum of 15 feet from any right-of-way.
(2) All off-street parking shall be shared with the principal building of the lot and shall not be located between the outlot retail building and the public right-of-way unless otherwise approved by the Plan Commission.
(3) Curb cuts and site vehicular access shall be shared with the principal building.
(4) Service areas, dumpsters, and utilities shall not be visible from rights-of-way and shall not be located in any front yard or street-facing side yard.
(5) Pedestrian access shall be provided to the building entries and parking areas connecting to the sidewalk at the street frontage.

Parks and playgrounds, private

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: A-1, B-2, B-3, B-4, B-6, ER, FW, I-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
As determined by parking demand study. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 17-0307(c)(4).

Parks and playgrounds, public

Districts Where Allowed Districts where this use is Allowed by Right: A-1, B-1, B-2, B-3, B-4, B-6, ER, FW, I-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
As determined by parking demand study. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 17-0307(c)(4).

Place of assembly

A building or outdoor area wherein individuals or groups of people gather for an attraction or service, such as but not limited to, community centers, fraternal or civic organizations, lodges, libraries, museums, municipal buildings, auditoriums, or religious institutions.

Plant nursery/greenhouse

A retail business whose principal activity is the selling of plants grown on the site.

Portable storage structure

A structure to be used, or intended to be used, for private noncommercial, nonindustrial storage by a residential property owner on a temporary basis.

Districts Where Allowed Districts where this use is allowed as a Temporary Use: ER, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0415(e)
(1) There shall be no more than one portable storage structure per property.
(2) The portable storage structure shall be no larger than 10 feet wide, 20 feet long, and 10 feet high.
(3) The portable storage structure shall not encroach on City property, rights-of-way, neighboring property, sidewalk, or be placed in the street.
(4) The portable storage structure shall be placed on an approved hard surface material between the front lot line and the rear building line of the principal building.
(5) The visual distance between the portable storage structure and the side lot line shall be five feet or as approved by the Community Development Director or their designee and agreed upon by written consent by the neighboring property owner.
(6) A portable storage structure shall not remain on the property in any zoning district in excess of 30 consecutive days and shall not be placed at any one property in a zoning district in excess of 30 days in any calendar year.
(7) Portable storage structures associated with construction at a site where a building permit has been issued are permitted for the duration of construction and shall be removed from the site within 14 days of the end of construction. Portable storage structures associated with construction are exempt from the aforementioned conditions.

See Figure 4.13 for portable storage structure (POD) standards.

Private emergency service

A private business that provides transport services for hospitals, senior housing, homecare services, and similar.

Real estate sales or rental field offices

Religious institution

A place of worship or religious assembly including churches, synagogues, mosques, temples, and similar designations, with related facilities such as offices for administration of the institution, fellowship halls, parish halls, and similar buildings used for meetings, religious education, and similar functions, but excluding licensed child or adult daycares, playgrounds, or cemeteries.

Research and development facilities

The conduct of research and development, testing, assembly, repair, and controlled production of nontoxic products or commodities in various fields of science, such as, but not limited to: chemistry, biotechnology, pharmaceuticals, medical instrumentation or supplies, communications and information technology, electronics and instrumentation, computer hardware and software, transportation, education, and engineering. Facilities in this use category do not involve the mass manufacture, mass fabrication, mass processing, or mass sale of products. Excludes the use of animal husbandry (including all animals), human testing, and heavy equipment (such as construction equipment) use in said research, development, testing, assembly, repair, and controlled production.

Restaurant, delivery/carry out only

An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared, ready-to-eat foods intended to be consumed off the premises.

Restaurant, fast casual

An establishment whose principal business is the sale of rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.

Restaurant, sit down

An establishment whose food is available to the general public primarily for consumption within a structure on the premises, where at least 50% of the gross floor area of the establishment is devoted to patron seating.

Roadside stand

An accessory structure for the seasonal retail sale of food products grown or produced on site.

Districts Where Allowed Districts where this use is Allowed by Right: A-1 Districts where this use may be allowed with a Conditional Use Permit: I-1

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0414(n)

(1) One roadside stand shall be permitted per property.
(2) A roadside stand shall not exceed 200 square feet in area.
(3) A roadside stand shall be setback a minimum of 10 feet from all lot lines.

School, private

A public, private, or parochial educational institution, including instructional and recreational uses, with or without other incidental facilities for students, teachers and employees, providing educational or instructional services to students in preschool through grade 12.

School, public

A public, private, or parochial educational institution, including instructional and recreational uses, with or without other incidental facilities for students, teachers and employees, providing educational or instructional services to students in preschool through grade 12.

Seasonal sales

Temporary sales, which typically recur on an annual basis, such as holiday trees, pumpkins, and similar.

Districts Where Allowed Districts where this use is allowed as a Temporary Use: B-2, B-4, Lm-1, M-1

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0415(b)

(1) Seasonal sales shall include the outdoor display or sale of seasonal merchandise not otherwise associated with the principal use of the lot such as holiday tree or pumpkin sales.
(2) Seasonal sales shall be permitted for a period not to exceed 42 days per calendar year.
(3) Seasonal sales areas shall utilize a maximum of 20% of the parking spaces required for the operation of the primary use or 2,000 square feet, whichever is less.

Self service laundry/dry cleaner

SELF SERVICE LAUNDRY — A business that provides self-service type washing, drying, and ironing facilities.

DRY CLEANER — An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry-cleaning equipment or machinery on the premises.

Self storage

SELF-SERVICE STORAGE/MINI-WAREHOUSE —A facility consisting of a building or a group of buildings where individual units are leased or rented to the general public for dead storage. The use of the premises shall be limited to storage only, and shall not be used for any auction (except where required by law), sales (except as provided below), or any other commercial or industrial activity; for the assembly, fabrication, processing, servicing, or repair of any vehicle, boat, trailer, appliance, or similar item; for practice (music) rooms, meeting rooms, residential purposes, or kennels; or for the operation of power tools, compressors, kilns, spray painting equipment, table saws, lathes, welding equipment, or other similar equipment. Limited sales to tenants of products and supplies incidental to the principal use (e.g., packing materials, identification labels, rope, locks, tape, etc.) may be allowed within the retail/leasing office as approved by the Plan Commission. The storage of combustible or flammable liquids, combustible or explosive materials, salvage or toxic/hazardous materials are expressly prohibited.

Senior housing, assisted living

An apartment/condominium facility intended for the elderly including assisted living facilities, congregate housing facilities, continuing care communities, independent living communities, or similar.

Senior housing, nursing care

An apartment/condominium facility intended for the elderly including continuing care communities, convalescent homes, hospice care facilities, memory care facilities, nursing homes, or similar.

Senior housing, total life care

An apartment/condominium facility intended for the elderly including both assisted living and nursing care services.

Service station

Any building, land area, or other premises, or portion thereof, used or intended to be used for the sale and installation of lubricants, tires, batteries, and similar accessories. Contemporary service stations may specialize in a singular service such as providing fast oil changes.

Shooting/archery range, indoor

SHOOTING RANGE — Any building or premises where there are facilities of any sort for the firing of handguns, rifles, or other firearms.

ARCHERY RANGE — An outdoor facility that may include buildings or structures used for target practice with bows and arrows.

Shooting/archery range, outdoor

SHOOTING RANGE — Any building or premises where there are facilities of any sort for the firing of handguns, rifles, or other firearms.

ARCHERY RANGE — An outdoor facility that may include buildings or structures used for target practice with bows and arrows.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-4, B-6

Vehicle Parking:
1 parking space per 3 people at maximum capacity. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of § 17-0307(c)(4).

Short-term rental

Districts Where Allowed Districts where this use is Allowed by Right: ER, Rd-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
1 parking space per occupiable room. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0407(b)
(1) All short-term rentals shall be subject to the City of Oak Creek's local hotel room tax as established in Chapter 3.40(d) of the Municipal Code.
(2) The residential dwelling in which short-term rental is offered shall be the primary residence of the property owner.
(3) The short-term rental period shall be a minimum of three consecutive days and a maximum of 120 consecutive days.

Solar energy collection system, canopy

A solar energy collection system consisting of elevated solar panels installed above parking lots, carports and other paved areas.

Districts Where Allowed Districts where this use is Allowed by Right: B-4, B-6, I-1, Lm-1, M-1, P-1

Development Requirements:
§ 17-0414(o)

(1) Canopy solar energy collection systems may exceed the applicable maximum accessory structure height if they cover an impervious surface parking area.
(2) The height of canopy solar energy collection systems shall not exceed the height of the principal building that the parking area serves.
(3) The minimum height of solar energy collection systems shall allow clearance for emergency and service vehicles.

See Figure 4.9 for solar energy collection system, canopy standards.

Solar energy collection system, farm

A site on which the primary land use is an array of multiple solar collectors on ground-mounted racks or poles that harvest and convert solar energy into thermal, chemical or electrical energy and transmit the same.

Districts Where Allowed Districts where this use is Allowed by Right: A-1 Districts where this use may be allowed with a Conditional Use Permit: M-1

Vehicle Parking:
2 minimum parking spaces required. For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
(1) No solar farm shall be erected on any lot less than four acres in size.
(2) A certified professional engineer shall certify that the foundation and design on the solar panels are within accepted professional standards, given local soil and climate conditions.
(3) Power and communication lines running between banks of solar panels and to electric substations or interconnections with buildings shall be buried underground.
(4) Systems, equipment, and structures shall not exceed 30 feet in height when ground-mounted.
(5) Ground-mounted solar energy collection systems as part of a solar farm shall have a minimum setback for all equipment, excluding fences, equal to those of the governing zoning district.
(6) Systems equipment and structures shall be fully enclosed and secured by a fence or wall with a height of eight feet. Knox-Boxes^® and keys shall be provided at locked entrances for emergency personnel access.
(7) An appropriate warning sign shall be provided at the entrance to the facility and along the perimeter of the solar farm. The sign at the entrance to the facility shall include the facilities 911 address and a twenty-four-hour emergency contact number.

Solar energy collection system, ground-mounted

A solar energy collection system and associated mounting hardware that is affixed to or placed upon the ground including but not limited to fixed, passive, or active tracking racking systems.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: A-1, B-2, B-3, B-4, B-6, ER, I-1, Lm-1, M-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Development Requirements:
§ 17-0414(p)

(1) Ground-mounted solar energy collection systems shall be permitted in the rear yard, or interior or street-facing side yard.
(2) An unlimited quantity of panels is permitted on all zoning lots with the exception of any residential zoning lot 30,000 square feet or less in size, which are limited to a total of 100 square feet in area of panels.
(3) The maximum height of ground-mounted solar energy collection systems shall be five feet in height, measured from the grade at the base of the pole to the highest edge of the system.
(4) Minimum clearance between the lowest point of the system and the surface on which the system is mounted is 12 inches
(5) All parts of the freestanding system shall be set back 10 feet from the side and rear lot lines and shall not be located in a public utility easement.

See Figure 4.10 for solar energy collection system, ground-mounted standards.

Solar energy collection system, roof-mounted

A solar energy collection system that is structurally mounted to the roof of a building or other permitted structure, including limited accessory equipment associated with system which may be ground-mounted. It is installed parallel to the roof with a few inches gap.

Districts Where Allowed Districts where this use is Allowed by Right: A-1, B-2, B-3, B-4, B-6, ER, I-1, Lm-1, M-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Development Requirements:
§ 17-0414(q)

(1) Roof-mounted solar energy collection systems may be located on any roof face of principal or accessory buildings. Systems should be flush mounted when possible.
(2) Systems on residential structures shall not extend beyond 12 inches parallel to the roof surface of a pitched roof or flat roof. Systems on nonresidential structures shall not extend beyond 36 inches parallel to the roof surface of a pitched roof or flat roof. Systems on all structures shall not extend above the highest peak of a pitched roof. Height is measured from the roof surface on which the system is mounted to the highest edge of the system.
(3) All materials used for racking, mounts, mounting clamps, and flashings shall be of a color consistent with the color of the roof surface to minimize visibility.

See Figure 4.11 for solar energy collection system, roof-mounted standards.

Sport court, private

Any hardscape area, including, but not limited to, tennis courts, basketball courts and racquetball courts, but excluding pools and driveways used exclusively for access to a garage.

Districts Where Allowed Districts where this use is Allowed by Right: ER, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Development Requirements:
§ 17-04014(s)

(1) A building permit shall be required for all private sport courts.
(2) All private sport courts shall be directly surrounded by a fence not less than 10 feet in height.
(3) No lighting installed around a private sport court shall project onto adjacent properties.
(4) No private sport court shall be located closer than five feet to a lot line.
(5) Private sports courts shall not be permitted in the C-1 Shoreland Wetland Conservancy Districts, the FW Floodway District, the FF Floodfringe District.

Swimming pools, hot tubs, saunas, and similar installations, private

Districts Where Allowed Districts where this use is Allowed by Right: ER, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Development Requirements:
§ 17-0414(r)

(1) Private swimming pools and similar installations may be located in side or rear yards only.
(2) Private swimming pools and similar installations shall be located at least 10 feet from the principal structure.
(3) Any hard paved surfaces shall be located at least five feet from any side or rear lot line.
(4) Private swimming pools and similar installations shall be installed in accordance with the City building, plumbing, and electrical codes, including the issuance of all required permits.
(5) Private swimming pools and similar installations shall not be permitted in the C-1 Shoreland Wetland Conservancy Districts, the FW Floodway District, the FF Floodfringe District.

Tasting room, brewery, winery, distillery

A facility operated by a brewery, microbrewery, winery or distillery in which customers may sample, purchase and consume wine, beer or spirits on the premises.

Tattoo, body piercing, and body art studios

An establishment that offers or performs any method of placing ink or other pigment into the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa.

Telecommunications towers

TOWER — A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples of towers include a) self-supporting lattice; b) guyed and c) monopole.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: A-1, B-2, B-3, B-4, B-6, ER, FW, I-1, Lm-1, M-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
§ 17-0413(a)

Telecommunication towers

The purpose of this section is to regulate by zoning permit the siting and construction of any new mobile service support structure and facilities; with regard to a Class 1 collocation, the substantial modification of an existing support structure and mobile service facilities; and with regard to a Class 2 collocation, collocation on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.

(1) Generally, the regulations of this section are designed to:

a. Facilitate the efficient provision of mobile services to the residents of the City, as well as to other persons, firms, and/or corporations in the vicinity of the City;
b. Minimize adverse visual effects of mobile service support structures and mobile service facilities, through careful design, siting, screening, and landscape buffering standards;
c. Minimize the impacts of mobile service support structures and mobile service facilities on, and reduce conflicts with, the architectural, historical, tourism and economic significance of historic structures and districts designated by the federal, state and local governments;
d. Avoid potential damage to adjacent properties from falling ice and tower failure through structural standards and setback requirements;
e. Promote, encourage and maximize the shared use of existing and approved mobile service support structures to accommodate new mobile service facilities in order to reduce the number of mobile service support structures needed to serve the community; and
f. Promote, encourage and maximize the use of existing tall structures that have been established within the community for the collocation of new mobile service facilities.

(2) See § 17-0413(a)(2) for detailed information on Class collocations, Permit applications and Conditional uses.

See § 17-0413(a)(2)d for detailed information on Small cell wireless facilities.
See § 17-0413(a)(2)e for detailed information on Aesthetics.

Utility, major

Utilities, as defined herein, that have negative off-site impacts associated with air quality, fire and explosive hazard, glare and heat, water quality, radioactivity and electrical disturbances, vibration, noise, or outdoor lighting.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: A-1, B-2, B-3, B-4, B-6, ER, FW, I-1, Lm-1, M-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
Essential services, utilities, water towers, electric power, telecommunications infrastructure, and communication transmission lines are exempt from the height limitations of this chapter.

Essential services, utilities, and electric power and communication transmission lines are exempt from the setback requirements of this chapter.

In the FW District, public utilities, streets and bridges that comply with § 17-0307(c)(3).

Utility, minor

Utilities, as defined herein, that have no negative off-site impacts associated with air quality, fire and explosive hazard, glare and heat, water quality, radioactivity and electrical disturbances, vibration, noise, or outdoor lighting.

Districts Where Allowed Districts where this use is Allowed by Right: A-1, B-2, B-3, B-4, B-6, ER, FW, I-1, Lm-1, M-1, P-1, Rd-1, Rm-1, Rs-1, Rs-2, Rs-3, Rs-4, Rs-5

Vehicle Parking:
Determined on a case-by-case basis using the standards in § 17-0501: Off-street parking as a guide.

Development Requirements:
Essential services, utilities, water towers, electric power, telecommunications infrastructure, and communication transmission lines are exempt from the height limitations of this chapter.

Essential services, utilities, and electric power and communication transmission lines are exempt from the setback requirements of this chapter.

In the FW District, public utilities, streets and bridges that comply with § 17-0307(c)(3).

Vehicle sales and rental

The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental, or lease of new motor vehicles, or used motor vehicles as an ancillary use of a zoning lot, and any warranty repair work and other repair service conducted as an accessory use.

Veterinary clinic/animal hospital

VETERINARY CLINIC — An establishment for the care and treatment of the diseases and injuries of animals and where animals may be boarded only during their convalescence.

ANIMAL HOSPITAL — A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

Districts Where Allowed Districts where this use may be allowed with a Conditional Use Permit: B-4, Lm-1, M-1

Vehicle Parking:
For more information on parking, see § 17-0501: Off-street parking.

Development Requirements:
§ 17-0406(c)

(1) Veterinary clinics or animal hospitals shall be permitted to establish accessory kennel or boarding facilities pursuant to the regulations of § 17.0406(a).
(2) Methods shall be used to reduce the impact of noise on adjacent properties, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.

When located in the M-1 district, outdoor animal facilities must be located at least 300 feet from a residential district.

Vocational/employment training

An educational institution primarily engaged in offering trade or technical training in a variety of technical subjects and trades. The training often leads to job-specific certification and may include the use of simulators and simulation methods.

Warehouse, distribution, 200,000 square feet or greater

A facility where goods are received and temporarily stored for delivery to the ultimate customer at remote locations.

Warehouse, distribution, less than 200,000 square feet

A facility where goods are received and temporarily stored for delivery to the ultimate customer at remote locations.

Warehouse, storage, 200,000 square feet or greater

A facility where goods are received and stored for extended periods of time for delivery to the ultimate customer at remote locations.

Warehouse, storage, less than 200,000 square feet

A facility where goods are received and stored for extended periods of time for delivery to the ultimate customer at remote locations.

Wholesale

An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general retail use.

Wind energy collection systems

Development Requirements:
(1) Small structure wind energy turbine performance standards.

a. Height. The maximum height of the system shall be 15 feet above the highest point of the roofline of the building or structure it is mounted upon. The height shall be measured from the highest point of the roofline to the top of the tower or tip of the blade in its vertical position, whichever is higher.

b. Diameter. The maximum diameter of the blades or rotor shall be 10 feet.

c. Visual appearance. Finished in a single nonreflective, unobtrusive color, such as off-white, light gray, or other neutral color, or match the color of the building on which it is mounted. The appearance shall be maintained throughout the life of the unit.

d. Lighting. The wind system shall not be artificially lighted with accent lighting unless required by the FAA, or other agency with jurisdictional authority.

(2) Small tower-mounted wind energy turbine performance standards.

a. Setback. The wind tower system shall be set back a distance equal to 110% of the combined height of the tower plus the length to the tip of the blade from all adjacent property lines. Additionally, no portion of the small wind energy system may be located within any required setback.

b. Clear zone. The wind tower system shall maintain a circular clear zone that has a radius which is equivalent to 110% of the combined distance of the tower height plus the length to the tip of the blade. This clear zone shall be maintained free of any occupied structures, tanks containing combustible/flammable liquids, and aboveground utility/electrical lines.

c. Height. The height shall not exceed 35 feet. The height shall be measured from the finished grade at the base of the small wind energy system to the top of the tower or tip of the blade in its vertical position, whichever is higher.

d. Visual appearance. Finished in a single nonreflective, unobtrusive color, such as off-white, light gray, or other neutral color. The appearance shall be maintained throughout the life of the unit. Only monopole towers shall be permitted.

e. Electrical. All electrical wires other than wires necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and the grounding wires shall be located underground.

f. Lighting. The wind tower system shall not be artificially lighted with accent lighting unless required by the FAA, or other agency with jurisdictional authority.

g. Security. Any climbing apparatus must be located at least 12 feet above the ground, and the tower must be designed to prevent climbing within the first 12 feet. The climbing apparatus can be reduced to eight feet above ground if the tower is surrounded by a five-foot fence.

h. Signage. No tower should have any sign, writing, or picture other than the name of the owner and operator of the wind tower system.

(3) General standards applicable to all wind energy systems.

a. Sound. The wind system shall not exceed 60 dBA, as measured at the closest neighboring inhabited dwelling. The level, however, may be exceeded during short-term events such as utility outages and/or severe windstorms as determined by the Director of Community Development or their designee.

b. Shadow flicker. The wind system shall be installed and operated so as not to cause a shadow flicker to fall on or in any existing residential structure.

c. Performance and safety standards. At the time of application, the applicant must present a certification from the manufacturer that the system's turbine and other components equal or exceed the standards of one of the following national certification programs such as the: National Electrical Code (NEC), American National Standards Institute (ANSI), Underwriters Laboratories (UL), or any other small wind certification program recognized by the American Wind Energy Association.

d. System shall be designed and constructed so as not to cause radio and television interference. Wind tower systems shall be compliant with all life safety and building codes.

e. Removal. If the system remains nonfunctional or inoperative for a continuous period of six months, the system shall be deemed to be abandoned. The system owner/operator shall remove the abandoned system at their expense. Removal of the system includes the entire structure, transmission equipment and fencing from the property excluding foundations.

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