The purpose of this article is to indicate which land uses may
locate in each zoning district and under what requirements; and which
land uses may not locate therein. A further distinction is made for
land uses which may locate in a given district only upon obtaining
a conditional or temporary use permit to do so. Finally, certain land
uses may locate in a given district as a matter of right upon compliance
with special regulations for such a land use.
[Amended 3-15-2022 by Ord. No. RC-457]
(2)
Land uses permitted by right. Land uses listed as permitted by right (designated as a "P" in §§ 13-3-203 and 13-3-204) are permitted per the general land use requirements of this Title (§ 13-3-205); per the general requirements of the specific zoning district in which they are located; per any additional requirements imposed by applicable overlay zoning districts as designated on the Official Zoning Map; per the general requirements of this Title including § 13-4-908; and per any and all other applicable City, county, state, and federal regulations.
(3)
Land uses permitted as a special use. This category of land
uses is subject to certain additional controls than apply to land
uses permitted by right, while avoiding the public hearing process
required of land uses permitted as conditional uses.
(a)
Land uses listed as permitted as a special use (designated as an "S" in §§ 13-3-203 and 13-3-204) are permitted subject to all of the general zoning requirements applicable to land uses permitted by right (Subsection (2), above), plus certain additional requirements applicable to that particular land use specified in § 13-3-206. (See also § 13-4-904.).
(b)
If a proposed land use, listed as a special use, cannot meet one of the special use requirements of § 13-3-206 for reasons directly related to the nature of the subject property, the Petitioner of said land use may request Plan Commission and Common Council review for approval as a conditional use, per the requirements of § 13-4-905. No more than one special use requirement shall be waived in this manner for any given land use or property. See Subsection (4)(b), below.
(4)
Land uses permitted as a conditional use:
(a)
Land uses listed as permitted as a conditional use (designated as a "C" in §§ 13-3-203 and 13-3-204) are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (2), above, plus any additional requirements applicable to that particular land use as contained in § 13-3-206 (Detailed land use descriptions and regulations), including any additional requirements imposed as part of the conditional use review process. Each application for, and instance of, a conditional use shall be considered a unique situation and shall not be construed as precedence for similar requests. (See also § 13-4-905.).
(b)
Conditional use requirements also apply to proposed special
uses when one of the special use requirements cannot be met. [See
Subsection (3)(b), above.] No more than one special use requirement
shall be waived in this manner.
(5)
Land uses permitted as an accessory use. Land uses permitted as an accessory use are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (2), above, plus any additional requirements applicable to that particular land use as contained in § 13-3-206 (Detailed land use descriptions and regulations).
(6)
Land uses permitted as a temporary use. Land uses listed as permitted as a temporary use (designated as a "T" in §§ 13-3-203 and 13-3-204) are permitted subject to all the requirements applicable to uses permitted by right as listed in Subsection (2), above, plus any additional requirements applicable to that particular land use as contained in § 13-3-206(9) (Detailed land use descriptions and regulations). (See also § 13-4-906.)
(7)
Land uses for which a blank space is shown for a specific zoning district are not permitted in such zoning district, except as legal nonconforming uses (see § 13-3-207).
(8)
Although a land use may be indicated as permitted by right, permitted as a special use, or permitted as a conditional use in a particular district, it does not follow that such a land use is permitted or permissible on every parcel in such district. No land use is permitted or permissible on a parcel unless it can be located thereon in full compliance with all of the standards and regulations of this Title which are applicable to the specific land use and parcel in question, or unless an appropriate variance has been granted pursuant to § 13-4-910.
[Amended 3-15-2022 by Ord. No. RC-458; 11-21-2023 by Ord. No. RC-486; 1-21-2025 by Ord. No. RC-504]
This Title regulates the location of land uses to specific zoning
districts through the use of the Tables of Land Uses contained in
this section.
|
Table 13-3-203
Tables of Land Uses
| |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
Key:
P = Permitted by right [§ 13-3-202(2)]
S = Permitted as a special use [§ 13-3-202(3)]
C = Permitted as a conditional use [§ 13-3-202(4)]
T = Permitted as a temporary use [§ 13-3-202(6)]
| |||||||||||||||||||
|
Zoning District
|
Type of Land Use
| ||||||||||||||||||
|
RH-35ac Rural Holding
|
RE-5ac Residential Estate
|
RS-2 Residential Single-Family-2
|
RS-3 Residential Single-Family-3
|
RS-5 Residential Single-Family-5
|
RM-8 Residential Mixed
|
RM-12 Residential Multifamily
|
ON Office Neighborhood
|
OP Office Park
|
BN Business Neighborhood
|
BR Business Regional
|
BL Business Local
|
BC Business Central
|
ML Manufacturing Light
|
MG Manufacturing General
|
MH Manufacturing Heavy
|
I Institutional
|
IR Institutional Residential
|
PR Park and Recreation
| |
|
Residential Land Uses
Note: Residential development options vary by zoning district.
See Article A of Chapter 13-2 for district standards and § 13-3-206(1)(a) through (i) for development options regulations.
| |||||||||||||||||||
|
Dwelling Unit Types [See § 13-3-403(_)]
| |||||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
(1) Single-family detached 35 ac lot
| |||||||||||||
|
P
|
P
|
P
|
P
|
P
|
(2) Single-family detached 175,000-square-foot lot
| ||||||||||||||
|
C
|
P
|
P
|
P
|
P
|
(3) Single-family detached 130,000-square-foot lot
| ||||||||||||||
|
C
|
P
|
P
|
P
|
P
|
(4) Single-family detached 80,000-square-foot lot
| ||||||||||||||
|
C
|
P
|
P
|
P
|
P
|
(5) Single-family detached 40,000-square-foot lot
| ||||||||||||||
|
P
|
P
|
P
|
P
|
(6) Single-family detached 30,000-square-foot lot
| |||||||||||||||
|
P
|
P
|
P
|
P
|
(7) Single-family detached 20,000-square-foot lot
| |||||||||||||||
|
C
|
P
|
P
|
C
|
(8) Single-family detached 10,500-square-foot lot
| |||||||||||||||
|
C
|
P
|
C
|
P
|
P
|
(9) Single-family detached 8,000-square-foot lot
| ||||||||||||||
|
P
|
C
|
C
|
(10) Duplex 5,000 square feet (per du)
| ||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
(11) Two-flat 4,000 square feet (per du)
| ||||||||||||||
|
C
|
S
|
C
|
C
|
(12) Townhouse 2,400-square-foot lot
| |||||||||||||||
|
C
|
C
|
C
|
C
|
(13) Multiplex 2,000 square feet (per du)
| |||||||||||||||
|
C
|
C
|
C
|
(14) Apartment 1,400 square feet (per du)
| ||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(15) Institutional residential. 800 square feet (per du)
| |||||||||||
|
C
|
(16) Mobile home 5,000-square-foot lot
| ||||||||||||||||||
|
C
|
(17) Age-restricted residential with reduced parking
| ||||||||||||||||||
|
Nonresidential Land Uses
| |||||||||||||||||||
|
Agricultural Uses [§ 13-3-206(2)(_)]
| |||||||||||||||||||
|
P
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
(a) Cultivation
| |||||
|
C
|
(b) Husbandry
| ||||||||||||||||||
|
C
|
(c) Intensive agriculture
| ||||||||||||||||||
|
C
|
C
|
(d) Agricultural service
| |||||||||||||||||
|
S
|
(e) On-site agricultural retail
| ||||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(f) Selective cutting
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(g) Clear cutting
|
|
Institutional Uses [§ 13-3-206(3)(_)]
| |||||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(a) Passive outdoor public recreational
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
(b) Active outdoor public recreational
| ||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(c) Indoor institutional
| |||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(d) Outdoor institutional
| ||||
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
(e) Public service and utilities
|
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(f) Institutional residential
| |||||||||||
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
C
|
C
|
S
|
(g) Community living arrangement (1-8 res.)
| |||||||||
|
C
|
C
|
C
|
C
|
S
|
S
|
C
|
C
|
C
|
C
|
C
|
C
|
S
|
(h) Community living arrangement (9-15)
| ||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(i) Community living arrangement (16+)
| |||||||||||
|
Commercial Uses [§ 13-3-206(4)(_)]
| |||||||||||||||||||
|
P
|
P
|
P
|
C
|
P
|
C
|
P
|
P
|
P
|
(a) Office
| ||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
C
|
(b) Personal or professional service
| ||||||||||||
|
P
|
C
|
P
|
P
|
P
|
P
|
C
|
(c) Indoor sales or service
| ||||||||||||
|
C
|
C
|
S
|
C
|
(d) Outdoor display
| |||||||||||||||
|
C
|
P
|
P
|
P
|
P
|
(e) Indoor maintenance service
| ||||||||||||||
|
C
|
(f) Outdoor maintenance service
| ||||||||||||||||||
|
C
|
C
|
C
|
C
|
(g) In-vehicle sales or service
| |||||||||||||||
|
S
|
P
|
P
|
S
|
C
|
(h) Minor indoor commercial entertainment
| ||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
(i) Major indoor commercial entertainment
| |||||||||||||
|
S
|
C
|
S
|
C
|
S
|
S
|
C
|
S
|
S
|
(j) Minor outdoor commercial entertainment
| ||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(k) Major outdoor commercial entertainment
| ||||||||||||
|
C
|
C
|
C
|
(l) Commercial animal boarding
| ||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(m) Commercial indoor lodging
| ||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(n) Bed-and-breakfast establishment
| ||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(o) Group day-care center (9+ children)
| |||||||
|
C
|
(p) Campground
| ||||||||||||||||||
|
C
|
(q) Boarding house
| ||||||||||||||||||
|
C
|
(r) Sexually-oriented land uses
| ||||||||||||||||||
|
C
|
C
|
C
|
C
|
(s) Vacation rental home
| |||||||||||||||
|
Storage/Disposal [§ 13-3-206(5)(_)]
| |||||||||||||||||||
|
P
|
P
|
P
|
(a) Indoor storage or wholesaling
| ||||||||||||||||
|
C
|
C
|
C
|
(b) Outdoor storage or wholesaling
| ||||||||||||||||
|
C
|
(c) Personal storage facility
| ||||||||||||||||||
|
C
|
(d) Junkyard or salvage yard
| ||||||||||||||||||
|
C
|
(e) Waste disposal facility
| ||||||||||||||||||
|
C
|
C
|
(f) Composting operation
| |||||||||||||||||
|
C
|
(g) Recycling and related activities
| ||||||||||||||||||
|
Transportation Uses [§ 13-3-206(6)(_)]
| |||||||||||||||||||
|
S
|
S
|
S
|
S
|
(a) Off-site parking lot
| |||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
(b) Airport/heliport
| ||||||||||||||
|
C
|
(c) Freight terminal
| ||||||||||||||||||
|
C
|
C
|
C
|
(d) Distribution center
| ||||||||||||||||
|
Industrial Uses [§ 13-3-206(7)(_)]
| |||||||||||||||||||
|
S
|
S
|
C
|
(a) Light industrial
| ||||||||||||||||
|
C
|
(b) Manufacturing heavy
| ||||||||||||||||||
|
C
|
C
|
C
|
C
|
(c) Communication tower
| |||||||||||||||
|
C
|
(d) Extraction use
| ||||||||||||||||||
|
Accessory Uses [§ 13-3-206(8)(_)]
| |||||||||||||||||||
|
C
|
C
|
C
|
C
|
C
|
(a) Commercial apartment
| ||||||||||||||
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
(b) On-site parking lot
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(c) Farm residence
| |||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(d) Detached private residential garage, carport, or utility
shed
| |||
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
P/S
|
(e) Private residential recreational facility
| |||
|
S
|
C
|
C
|
(f) Private residential kennel (more than 3 dogs)
| ||||||||||||||||
|
S
|
C
|
(g) Private residential stable
| |||||||||||||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(h) Company cafeteria
| ||||||||||
|
S/C
|
S/C
|
S/C
|
S/C
|
S/C
|
S/C
|
S/C
|
S/C
|
S/C
|
(i) Company-provided on-site recreation
| ||||||||||
|
C
|
C
|
C
|
C
|
(j) Outdoor display incidental
| |||||||||||||||
|
C
|
C
|
C
|
C
|
(k) In-vehicle sales and services
| |||||||||||||||
|
S
|
S
|
S
|
(l) Indoor sales incident to light industrial use
| ||||||||||||||||
|
C
|
C
|
C
|
(m) Light industrial incidental to indoor sales
| ||||||||||||||||
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
(n) Drainage structure (See § 13-3-204 also)
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
(o) Filling (See § 13-3-204 also)
|
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(p) Lawn care (See § 13-3-204 also)
| ||
|
C
|
(q) Septic systems (See § 13-3-204 also)
| ||||||||||||||||||
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
(r) Exterior communication devices
|
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
(s) Home occupation
| |||
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
S
|
P
|
P
|
P
|
(t) On-site composting and wood piles
| ||||||
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
(u) Family day-care home
| ||||||||||||
|
C
|
(v) Migrant labor camp
| ||||||||||||||||||
|
C
|
(w) Accessory dwelling unit
| ||||||||||||||||||
|
(x) (Reserved)
| |||||||||||||||||||
|
(y) Short-term rental
| |||||||||||||||||||
|
S/C
|
S/C
|
S/C
|
S/C
|
(z) Food and beverage vehicles, carts, and stands
| |||||||||||||||
|
Temporary Uses [§ 13-3-206(9)(_)]
| |||||||||||||||||||
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
(a) Contractor's project office
| |
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
(b) Contractor's on-site equipment storage facility
|
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
(c) Relocatable building
| ||||||||||
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
(d) On-site real estate sales office
| |||
|
T
|
T
|
T
|
T
|
(e) General temporary outdoor sales
| |||||||||||||||
|
T
|
T
|
T
|
T
|
T
|
T
|
(f) Seasonal outdoor sales of farm products
| |||||||||||||
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
C
|
(g) Outdoor assembly
|
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
T
|
(h) Limited duration special activities and events
|
In all developments, certain areas may be required to be set aside as permanently protected green space for the purpose of natural resources protection, to meet a minimum green space ratio (GSR) requirement, or to meet a minimum landscape surface ratio (LSR) requirement (see Article B of Chapter 13-3, Density and Intensity Regulations and Article D of Chapter 13-3, Natural Resource Protection Regulations). Where such permanently protected green space is required, and where the land use is also permitted per the land use regulations of the applicable conventional zoning district (see § 13-3-203, Table of Land Uses), the following table shall also be employed to establish land use regulations. All land uses listed in § 13-3-203 but not listed in this section are prohibited directly within permanently protected green spaces. Within cluster developments permanently protected green space areas shall be used to protect the site features listed in Table 13-3-204.
|
Table 13-3-204
Land Uses Permitted in Permanently Protected Green Space
Areas
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Key:
| |||||||||
|
Permanently Protected Green Space Areas
|
Land Uses Permitted
| ||||||||
|
Floodway
|
Floodplain Conservancy
|
Floodway Fringe
|
Shoreland-Wetland
|
Drainageway
|
Lakeshore
|
Woodland
|
Steep Slope
|
Other Permanently Protected Green Space
|
Type of Land Use
|
|
C
|
Cultivation
| ||||||||
|
S
|
S
|
S
|
S
|
S
|
Passive outdoor recreational
| ||||
|
S
|
Active outdoor recreational
| ||||||||
|
S
|
Outdoor institutional
| ||||||||
|
C
|
C
|
C
|
C
|
S
|
Lawn care (mow, feed, seed, weed)
| ||||
|
C
|
C
|
C
|
C
|
C
|
Golf course
| ||||
|
S/T
|
Drainage structure
| ||||||||
|
C
|
C
|
C
|
C
|
C
|
Single-family detached, 10,500-square-foot lot
| ||||
|
C
|
C
|
C
|
C
|
C
|
Filling
| ||||
|
C
|
C
|
C
|
C
|
C
|
Road, bridge
| ||||
|
C
|
C
|
C
|
C
|
C
|
Utility lines and related facilities
| ||||
All uses of land initiated within the jurisdiction of this Title
on, or following, the effective date of this Title shall comply with
all of the provisions of this Title. Specifically:
(1)
Land use regulations and requirements. Uses of land shall comply with all the regulations and requirements of Article A of Chapter 13-3 pertaining to the types of uses to which land may be put, and to various requirements which must be met for certain types of land uses within particular zoning districts. Such regulations and requirements address both general and specific regulations which land uses shall adhere to; and which are directly related to the protection of the health, safety and general welfare of the residents of the City of Delavan and its environs.
(2)
Density and intensity regulations and requirements. Development of land shall comply with all the regulations and requirements of Article B of Chapter 13-3, pertaining to the maximum permitted density (for residential land uses) and intensity (for nonresidential land uses) of land uses. Such regulations and requirements address issues such as floor area ratios (FARs), green space ratios (GSRs), and landscape surface ratios (LSRs); which are directly related to, and are a critical component of, density or intensity and the protection of the health, safety, and general welfare of the residents of the City of Delavan and its environs.
(3)
Bulk regulations and requirements. Development of land shall comply with all the regulations and requirements of Article C of Chapter 13-3, pertaining to the maximum permitted bulk of structures and the location of structures on a lot. Such regulations and requirements address issues such as height, setbacks from property lines and rights-of-way, and minimum separation between structures; which are directly related to, and a critical component of, the effective bulk of a structure and the protection of the health, safety, and general welfare of the residents of the City of Delavan and its environs.
(4)
Natural resources and green space regulations and requirements. Land use and/or development of land shall comply with all the regulations and requirements of Article D of Chapter 13-3, pertaining to the protection of sensitive natural resources and required green space areas. Such regulations and requirements address issues such as absolute protection, partial protection, and mitigation; which are directly related to, and a critical component of, the protection of natural resources and the protection of the health, safety, and general welfare of the residents of the City of Delavan and its environs.
(5)
Landscaping and bufferyards regulations and requirements. Development of land shall comply with all the regulations and requirements of Article E of Chapter 13-3, pertaining to the provision of landscaping and bufferyards. Such regulations and requirements address issues such as minimum required landscaping of developed land, and minimum required provision of bufferyards between adjoining zoning districts and/or development options; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the City of Delavan and its environs.
(6)
Performance standards and requirements. Development of land shall comply with all the regulations and requirements of Article F of Chapter 13-3, pertaining to the provision of appropriate access, parking, loading, storage, and lighting facilities. Such regulations and requirements address issues such as maximum permitted access points, minimum required parking spaces, the screening of storage areas, and maximum permitted intensity of lighting, as well as defining acceptable levels of potential nuisances such as noise, vibration, odors, heat, glare and smoke; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the City of Delavan and its environs.
(7)
Signage regulations and requirements. Land use and/or development of land shall comply with all the regulations and requirements of Article G of Chapter 13-3, pertaining to the type and amount of signage permitted on property. Such regulations and restrictions address issues such as the maximum area of permitted signage and the number and types of permitted signage; which are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the City of Delavan and its environs.
(8)
Procedural regulations and requirements. Land use and/or development of land shall comply with all the regulations and requirements of Chapter 13-4, pertaining to the procedures necessary to secure review and approval of land use and/or development. Such regulations and restrictions address both procedural and technical requirements; and are directly related to, and a critical component of, the protection of the health, safety, and general welfare of the residents of the City of Delavan and its environs. At a minimum, all development shall be subject to the requirements of § 13-4-908.
(9)
Number of buildings per lot. In the RH-35ac, RE-5ac, RS-2, RS-3, and RS-5 Districts, only one principal residential building shall be permitted on any one lot. In the RM-8, RM-12, ON, OP, BN, BR, BL, BC, ML, MG, and MH Districts, more than one principal building shall be permitted on any one lot upon the granting of a conditional use permit for a Group Development in compliance with § 13-3-208.
(10)
Number of land uses per building.
(a)
No more than one nonresidential land use shall be permitted in any building unless a conditional use permit for a group development is granted in compliance with § 13-3-208.
(b)
With the exceptions of a commercial apartment or a home occupation, no building containing a nonresidential land use shall contain a residential land use. [See §§ 13-3-206(8)(a) and 13-3-206(8)(s)].
(11)
Division or combining of a lot. No recorded lot shall be divided
into two or more lots, and no two or more recorded lots shall be combined
into one or more lots, unless such division or combination results
in the creation of lots, each of which conforms to all of the applicable
regulations of the zoning district in which said lot is located (as
set forth in this Title).
[Amended 3-15-2022 by Ord. No. RC-458; 5-16-2023 by Ord. No. RC-479; 11-21-2023 by Ord. No. RC-486; 1-21-2025 by Ord. No. RC-504]
The land use categories employed by this Title (particularly §§ 13-3-203 and 13-3-204) are defined in this section. Land uses which are not listed in this Title are not necessarily excluded from locating within any given zoning district. § 13-4-911 empowers the Zoning Administrator to make interpretations on matters regarding specific land use proposals which are not addressed by this Title.
(1)
Residential land uses (development options). Specific residential unit types (such as single-family detached house, duplex, apartment, etc.) are defined in § 13-3-403 and provides standards for each residential unit.
(a)
Conventional residential development. Description: This land
use includes, but is not limited to, all residential developments
which do not provide permanently protected green space areas. Property
which is under common ownership of a property owners' association
is permitted, but is not a required component of this type of development.
Up to 10% of a conventional residential development's gross site area
(GSA) can contain natural resource areas which must be protected (or
other permanently protected green space areas), without a reduction
in maximum gross density (MGD). [See note (1)(i) below.]
(b)
Equestrian residential development. Description: This land use is a form of loose cluster residential development, (see Subsection (1)(b)3, below), which permits the keeping of horses on private lots or on common green space. A minimum of 15% of the development's gross site area (GSA) shall be held under common ownership by a homeowners' association. This commonly-held area shall be used to provide equestrian facilities which are available to all residents of the development. These facilities may include common pasture area, group stables, riding trails, training areas, or other land uses typically associated with equestrian activities (including kennel facilities for private, non-commercial hunt club operations). With the exception of riding trails, (which may be linked to a general trail network extending beyond the area of the equestrian development) such areas shall only be used by the residents of the Equestrian Residential Development and their guests, and no facilities within an equestrian development shall be operated as a for-profit commercial venture. Up to 25% of an equestrian residential development's gross site area (GSA) can contain natural resource areas which must be protected [or other permanently protected green space area (per § 13-3-304)], without a reduction in maximum gross density (MGD). (See note (1)(i) below.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RE-5ac):
a.
A minimum of 15% of the gross site area (GSA) of the development
shall be held in common ownership by a homeowner's association and
shall be devoted to equestrian facilities.
b.
Each lot shall have direct access to an equestrian trail maintained
by a homeowner's association.
c.
Any stable facility shall be reserved for the exclusive use
of the development's residents. No stable located within an equestrian
residential development shall be operated as a for-profit commercial
venture.
d.
All stables located on individual lots shall conform to the standards of § 13-3-206(8)(g).
e.
All stables serving the equestrian residential development as a whole shall conform to the standards of § 13-3-206(4)(k).
f.
Applicant shall provide appropriate deed restrictions and performance
bonds to ensure the long-term maintenance and viability of common
areas and the development as a whole.
(c)
Loose cluster development. Description: This land use is a residential subdivision which requires that a minimum of 15% of the development's gross site area (GSA) be protected as permanently protected green space (per § 13-3-304). This form of development permits slightly higher maximum gross densities (MGDs), and dwelling unit types which require slightly smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to 25% of a loose cluster development's gross site area (GSA) can contain natural resource areas which must be protected (or other permanently protected green space area), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RE-5ac):
a.
Development clusters shall be located so as to blend with adjacent
residentially zoned areas to the greatest extent possible.
b.
If such adjacent areas are developed as a conventional residential development, bufferyards shall be provided within adjoining portions of the loose cluster residential development (see § 13-3-610).
c.
Applicant shall provide appropriate deed restrictions and performance
bonds to ensure the long-term maintenance and viability of common
areas and the development as a whole.
(d)
Moderate cluster development. Description: This land use is a residential subdivision which requires that a minimum of 30% of the development's gross site area (GSA) be protected as permanently protected green space (per § 13-3-304). This form of development permits higher maximum gross densities (MGDs), and dwelling unit types which require smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to 50% of a moderate cluster development's gross site area (GSA) can contain natural resource areas which must be protected, (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RE-5ac, RS-3, RM-8, RM-12):
a.
Development clusters shall be located so as to blend with adjacent
residentially zoned areas to the greatest extent possible.
b.
If such adjacent areas are developed as a conventional or loose cluster residential development, bufferyards shall be provided within adjoining portions of moderate cluster residential development (see § 13-3-610).
c.
Applicant shall provide appropriate deed restrictions and performance
bonds to ensure the long-term maintenance and viability of common
areas and the development as a whole.
(e)
Compact cluster development. Description: This land use is a residential subdivision which requires that a minimum of 50% of the development's gross site area (GSA) be protected as permanently protected green space (per § 13-3-304). This form of development permits substantially higher maximum gross densities (MGDs), and dwelling unit types which require substantially smaller lots, than conventional residential developments within the same zoning district. This density incentive is provided because the provision of the required common green space balances with the density increase to result in a community character which is consistent with such conventional residential developments. Up to 70% of a compact cluster development's gross site area (GSA) can contain natural resource areas which must be protected, (or other permanently protected green space areas), without a reduction in maximum gross density (MGD). (See note (1)(i) below.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RE-5ac, RS-2, RM-8, RM-12):
a.
Development clusters shall be located so as to blend with adjacent
residentially zoned areas to the greatest extent possible.
b.
If such adjacent areas are developed as a conventional, loose, or moderate cluster residential development, bufferyards shall be provided within adjoining portions of the compact cluster residential development (see § 13-3-610).
c.
Applicant shall provide appropriate deed restrictions and performance
bonds to ensure the long-term maintenance and viability of common
areas and the development as a whole.
(f)
Institutional residential development. Description: This land use is a form of moderate cluster residential development designed to accommodate institutional residential land uses, such as retirement homes, nursing homes, convents, and dormitories [see § 13-3-206(3)(f)]. No individual lots are required, although the development shall contain a minimum of 800 square feet of gross site area for each occupant of the development. A minimum of 30% of the development's gross site area (GSA) shall be held as permanently protected green space. (See note (1)(i) below.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RM-12, ON, OP, BR, BL):
a.
The proposed site shall be located so as to avoid disruption
of an established or developing office area. Within the Office Neighborhood
(ON) and Office Park (OP) District, institutional residential developments
shall be designed so as to maintain the character of the adjacent
properties.
b.
Shall be located with primary vehicular access on a collector
or arterial street.
c.
No access shall be permitted to a local residential street.
d.
Applicant shall provide off-street passenger loading area at
a minimum of one location within the development.
e.
All structures shall be located a minimum of 50 feet from any
residentially zoned property which does not contain an institutional
residential land use.
(g)
Mobile home residential development (subdivision). Description:
This land use is a form of conventional residential development which
is exclusively reserved for individually sold lots containing mobile
home units. Each of the lots and mobile home units must meet the requirements
for mobile homes listed in § 13-3-403(22) of this Title.
Under this development option, approximately 10% of a development's
gross site area (GSA) can contain natural resource areas which must
be protected (or other permanently protected green space areas), without
a reduction in maximum gross density (MGD). (See note (1)(i) below.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RM-8):
a.
Development shall be located so as to blend with adjacent residentially
zoned areas to the greatest extent possible.
b.
Mobile home residential developments shall comply with the same landscaping and bufferyard requirements as apartments and compact cluster developments, as specified in § 13-3-610 of this Title.
c.
No access shall be permitted to local residential streets.
(h)
Mobile home park residential development (rental/condo park).
Description: This land use is a form of conventional residential development
which is exclusively reserved for individually sold or rented air
right pads containing mobile home units. Each of the mobile home units
must meet the requirements for mobile homes listed in § 13-3-403(22)
of this Title. Under this development option, approximately 10% of
a development's gross site area (GSA) can contain natural resource
areas which must be protected (or other permanently protected green
space areas), without a reduction in maximum gross density (MGD).
(See note (1)(i) below.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RM-8):
a.
Development shall be located so as to blend with adjacent residentially
zoned areas to the greatest extent possible.
b.
Mobile home park residential developments shall comply with the same landscaping and bufferyard requirements as apartments and compact cluster developments, as specified in § 13-3-610 of this Title.
c.
No access shall be permitted to local residential streets.
(i)
Note regarding percentage of green space and maximum density
yield. This estimate is provided as a general rule of thumb for the
convenience of the users of this Title. Such a yield is not to be
considered as ensured by the provisions of this Title.
(2)
Agricultural land uses.
(a)
Cultivation. Description: Cultivation land uses include all
operations primarily oriented to the on-site, outdoor raising of plants.
This land use includes trees which are raised as a crop to be replaced
with more trees after harvesting, such as in nursery or Christmas
tree operations. The raising of plants for consumption by farm animals
is considered cultivation if said plants are consumed by animals which
are located off-site.
1.
Permitted by right: (RH-35ac).
2.
Special use regulations (RE-35ac, RS-2, RS-3, RS-5, RM-8, RM-12,
BR, ML, MG, MH, I, IR, PR):
3.
Conditional use regulations. Not applicable.
4.
Parking regulations. One space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 13-3-704(6)(a).]
(b)
Husbandry. Description: Husbandry land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity of less than one animal unit (as defined in § 13-1-034) per acre. Apiaries are prohibited in the City of Delavan.
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RH-35ac):
4.
Parking regulations: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 13-3-704(6)(a).]
(c)
Intensive agriculture. Description: Intensive agricultural land uses include all operations primarily oriented to the on-site raising and/or use of animals at an intensity equal to or exceeding one animal unit (as defined in § 13-1-034) per acre and/or agricultural activities requiring large investments in structures. Examples of such land uses include feed lots, hog farms, poultry operations, fish farms, commercial greenhouse operations and certain other operations meeting this criterion.
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RH-35ac):
a.
Shall not be located in, or adjacent to, an existing or platted
residential subdivision.
b.
Shall be completely surrounded by a bufferyard with a minimum intensity of 1.00. (See § 13-3-610.)
c.
All buildings, structures, outdoor storage areas, and outdoor
animal containments shall be located a minimum of 300 feet from all
residentially zoned property and 100 feet from all other lot lines.
d.
Shall be located in an area which is planned to remain commercially
viable for agricultural land uses.
4.
Parking regulations: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 13-3-704(6)(a).]
(d)
Agricultural service. Description: Agricultural service land uses include all operations pertaining to the sale, handling, transport, packaging, storage, or disposal of agricultural equipment, products, by-products, or materials primarily used by agricultural operations. Examples of such land uses include agricultural implement sales, storage, or repair operations; feed and seed stores; agricultural chemical dealers and/or storage facilities; animal feed storage facilities; commercial dairies; food processing facilities; canning and other packaging facilities; and agricultural waste disposal facilities [except commercial composting uses, see § 13-3-206(5)(f)].
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RH-35ac, MH):
a.
Shall not be located in, or adjacent to, an existing or platted
residential subdivision.
b.
All buildings, structures, outdoor storage areas, and outdoor
animal containments shall be located a minimum of 100 feet from all
lot lines.
c.
If within the RH-35ac District, shall be located in an area
which is planned to remain commercially viable for agricultural land
uses.
4.
Parking regulations: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 13-3-704(6)(a).]
(e)
On-site agricultural retail. Description: On-site agricultural
retail land uses include land uses solely associated with the sale
of agricultural products grown exclusively on the site. The sale of
products grown or otherwise produced off-site shall not be permitted
within on-site agricultural retail operations and such activity constitutes
retail sales as a commercial land use. Packaging and equipment used
to store, display, package or carry products for the convenience of
the operation or its customers (such as egg cartons, baskets, containers,
and bags) shall be produced off-site.
1.
Permitted by right. Not applicable.
2.
Special use regulations (RH-35ac):
a.
No structure or group of structures shall exceed 500 square
feet in floor area.
b.
No structure shall exceed 12 feet in height.
d.
Signage shall be limited to one on-site sign which shall not
exceed 30 square feet in area.
e.
Such land use shall be served by no more than one driveway.
Said driveway shall require a valid driveway permit.
f.
A minimum of one parking space shall be required for every 200
square feet of product display area.
g.
The sale of products which are grown or otherwise produced on
non-adjacent property under the same ownership, or on property under
different ownership, shall be prohibited.
h.
Said structure and fencing shall be located a minimum of 300
feet from any residentially zoned property.
3.
Conditional use regulations: Not applicable.
4.
Parking regulations: one space per employee on the largest work shift. [Note: Agricultural land uses are hereby made exempt from the surfacing requirements of § 13-3-704(6)(a).]
(f)
Selective cutting. Description: Selective cutting land uses include any operation associated with the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction of trees (including by fire) where the extent of such activity is limited to an area (or combined areas) of less than or equal to 40% of the woodlands on the property (or up to 100% for developments approved prior to the effective date of this chapter). Selective cutting activity shall be limited to areas located within development pads which are designated on recorded plats or certified survey maps (see § 13-3-510). The destruction of trees in an area in excess of this amount of the woodlands on the property shall be considered clear cutting, (see Subsection (2)(g), below).
(g)
Clear cutting. Description: Clear cutting land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 40% of the woodlands on a property (or up to 100% for developments approved prior to the effective date of this chapter). Clear cutting is permitted only as a conditional use within the jurisdiction of this Title. Areas which have been clear cut as a result of intentional action following the effective date of this Title without the granting of a conditional use permit are in violation of this Title and the property owner shall be fined for such violation and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his/her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this Title, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements. (See § 13-3-608.)
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (all districts):
a.
Applicant shall demonstrate that clear cutting will improve
the level of environmental protection on the subject property.
b.
Areas of the subject property which are clear cut beyond the limitations established above, shall be replanted per the requirements of § 13-3-507. (Referenced section requires the replanting of trees in other portions of the subject property — thereby freeing the currently wooded area for development while ensuring that the amount of required wooded area on the subject property remains constant.)
(3)
Institutional land uses.
(a)
Passive outdoor public recreational. Description: Passive outdoor public recreational land uses include all recreational land uses located on public property which involve passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, open grassed areas not associated with any particular active recreational land use (see Subsection (3)(b), below), picnic areas, picnic shelters, gardens, fishing areas, and similar land uses. Passive recreation shall also include public art as defined in § 13-1-034.
(b)
Active outdoor public recreational. Description: Active outdoor
public recreational land uses include all recreational land uses located
on public property which involve active recreational activities. Such
land uses include playcourts (such as tennis courts and basketball
courts), playfields (such as ball diamonds, football fields, and soccer
fields), tot lots, outdoor swimming pools, swimming beach areas, fitness
courses, public golf courses, and similar land uses.
1.
Permitted by right. Not applicable.
2.
Special use regulations (all districts except MG and MH):
a.
Facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 13-3-610). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
b.
All structures and active recreational areas shall be located
a minimum of 50 feet from any residentially zoned property.
c.
Facilities which serve a community-wide function shall be located
with primary vehicular access on a collector or arterial street.
d.
Facilities which serve a regional or community-wide function
shall provide off-street passenger loading area if the majority of
the users will be children.
3.
Conditional use regulations. Not applicable.
4.
Parking regulations. Active outdoor public recreation: one space
per four expected patrons at maximum capacity for any use requiring
over five spaces.
(c)
Indoor institutional. Description: Indoor institutional land
uses include all indoor public and not for profit recreational facilities
(such as gyms, swimming pools, libraries, museums, and community centers),
schools, churches, nonprofit clubs, nonprofit fraternal organizations,
convention centers, hospitals, jails, prisons, and similar land uses.
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (all districts except BC, MG, MH):
4.
Parking regulations. Generally, one space per three expected
patrons at maximum capacity. However, see additional specific requirements
below:
a.
Church: one space per five seats at the maximum capacity.
b.
Community or recreation center: one space per 250 square feet
of gross floor area, or one space per four patrons to the maximum
capacity, whichever is greater, plus one space per employee on the
largest work shift.
c.
Funeral home: one space per three patron seats at the maximum
capacity, plus one space per employee on the largest work shift.
d.
Hospital: two spaces per three patient beds, plus one space
per staff doctor and each other employee on the largest work shift.
e.
Library or museum: one space per 250 square feet of gross floor
area or one space per four seats to the maximum capacity, whichever
is greater, plus one space per employee on the largest work shift.
f.
Elementary and junior high: one space per teacher and per staff
member, plus one space per two classrooms.
g.
Senior high: one space per teacher and staff member, plus one
space per five non-bused students.
h.
College or trade school: one space per staff member on the largest
work shift, plus one space per two students of the largest class attendance
period.
(d)
Outdoor institutional. Description: Outdoor institutional land
uses include public and private cemeteries, privately held permanently
protected green space areas, country clubs, non-public golf courses,
and similar land uses.
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (all districts except ON, BN, MG,
MH):
a.
Shall be located with primary vehicular access on a collector
or arterial street.
b.
Shall provide off-street passenger loading area if a significant
proportion of the users will be children.
c.
All structures and actively used outdoor recreational areas
shall be located a minimum of 50 feet from any residentially zoned
property.
4.
Parking regulations. Generally, one space per three expected
patrons at maximum capacity. However, see additional specific requirements
below:
a.
Cemetery: one space per employee, plus one space per three patrons
to the maximum capacity of all indoor assembly areas.
b.
Golf course: 36 spaces per nine holes, plus one space per employee
on the largest work shift, plus 50% of spaces otherwise required for
any accessory uses (e.g., bars, restaurant).
c.
Swimming pool: one space per 75 square feet of gross water area.
d.
Tennis court: three spaces per court.
(e)
Public service and utilities. Description: Public service and
utilities land uses include all town, county, state and federal facilities
(except those otherwise treated in this section), emergency service
facilities such as fire departments and rescue operations, wastewater
treatment plants, public and/or private utility substations, water
towers, utility and public service related distribution facilities,
and similar land uses.
1.
Permitted by right. Not applicable.
2.
Special use regulations (all districts):
a.
Outdoor storage areas shall be located a minimum of 50 feet
from any residentially zoned property.
b.
All outdoor storage areas adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 13-3-610). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
c.
All structures shall be located a minimum of 20 feet from any
residentially zoned property.
d.
The exterior of all buildings shall be compatible with the exteriors
of surrounding buildings.
3.
Conditional use regulations. Not applicable.
4.
Parking regulations: one space per employee on the largest work
shift, plus one space per company vehicle normally stored or parked
on the premises, plus one space per 500 square feet of gross square
feet of office area.
(f)
Institutional residential. Description: Institutional residential
land uses include group homes, convents, monasteries, nursing homes,
convalescent homes, limited care facilities, rehabilitation centers,
and similar land uses not considered to be community living arrangements
under the provisions of Wisconsin Statutes 62.23.
1.
Permitted by right. Not applicable.
2.
Special use regulations. Not applicable.
3.
Conditional use regulations (RM-12, ON, OP, BN, BR, BL, I, IR):
See listing for institutional residential under residential uses,
Subsection (1)(f), above.
4.
Parking regulations:
a.
Monastery or convent: one space per six residents, plus one
space per employee on the largest work shift, plus one space per five
chapel seats if the public may attend.
b.
Nursing home: one space per six patient beds, plus one space
per employee on the largest work shift, plus one space per staff member
and per visiting doctor.
(g)
Community living arrangement (one to eight residents). Description:
Community living arrangement land uses include all facilities provided
for in Wisconsin Statutes 46.03(22), including child welfare agencies,
group homes for children, and community-based residential facilities.
Community living arrangements do not include day-care centers (see
separate listing); nursing homes (an institutional residential land
use); general hospitals, special hospitals, prisons, or jails (all
indoor institutional land uses). Community living arrangement facilities
are regulated depending upon their capacity as provided for in Wisconsin
Statutes 62.23.
1.
Permitted by right. Not applicable.
2.
Special use regulations (RH-35ac, RE-5ac, RS-2, RS-3, RS-5,
RM-8, RM-12, IR):
a.
No community living arrangement shall be established within
2,500 feet of any other such facility regardless of its capacity.
b.
The total capacity of all community living arrangements (of
all capacities) in the City shall not exceed 1% of the City's population
(unless specifically authorized by the Common Council following a
public hearing).
c.
Foster homes housing four or fewer children and licensed under
Wisconsin Statutes 48.62 shall not be subject to a., above; and shall
not be subject to, or count toward, the total arrived at in Subsection
(3)(g)2b, above.
3.
Conditional use regulations: (BC, I).
4.
Parking regulations: three spaces.
(h)
Community living arrangement (nine to 15 residents). Description:
See (3)(g), above.
1.
Permitted by right: not applicable.
2.
Special use regulations (RM-8, RM-12, IR):
a.
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity.
b.
The total capacity of all community living arrangements (of
all capacities) in the City shall not exceed 1% of the City's population
(unless specifically authorized by the Common Council following a
public hearing).
4.
Parking regulations: four spaces.
(i)
Community living arrangement (16+ residents). Description: See
Subsection (3)(g), above.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RM-12, ON, OP, BN, BR, BL, I, IR):
a.
No community living arrangement shall be established within
2,500 feet of any other such facility, regardless of capacity.
b.
The total capacity of all community living arrangements (of
all capacities) in the City shall not exceed 1% of the City's population
(unless specifically authorized by the Common Council following a
public hearing).
4.
Parking regulations: one space per three residents.
(4)
Commercial land uses.
(a)
Office. Description: Office land uses include all exclusively
indoor land uses whose primary functions are the handling of information
or administrative services. Such land uses do not typically provide
services to customers on a walk-in or on-appointment basis.
(b)
Personal or professional service. Description: Personal service
and professional service land uses include all exclusively indoor
land uses whose primary function is the provision of services directly
to an individual on a walk-in or on-appointment basis. Examples of
such land uses include professional services, insurance services,
realty offices, financial services, medical offices and clinics, veterinary
clinics, barber and beauty shops, and related land uses.
(c)
Indoor sales or service. Description: Indoor sales and service land uses include all land uses which conduct or display sales or rental merchandise or equipment, or nonpersonal or nonprofessional services, entirely within an enclosed building. This includes self-service facilities such as coin-operated laundromats. Depending on the zoning district, such land uses may or may not display products outside of an enclosed building. Such activities are listed as "outdoor display incidental to indoor sales" under "accessory uses" in the Table of Land Uses, [§ 13-3-206(8)(j)]. A land use which contains both indoor sales and outdoor sales exceeding 15% of the total sales area of the building(s) on the property shall be considered as an outdoor sales land use [See Subsection (4)(d), below]. Artisan craft production such as consumer ceramics, custom woodworking, or other production activities directly associated with retail sales are regulated as "light industrial uses incidental to retail sales" [see § 13-3-206(8)(m)].
1.
Permitted by right (ON, BN, BR, BL, BC).
2.
Special use regulations: not applicable.
3.
Conditional use regulations (OP, ML):
a.
In office districts, permitted uses shall be limited to indoor
sales and personal services which primarily support office tenants
such as office supply stores, copy centers and travel agencies. In
industrial districts, uses shall not conflict with existing industrial
uses.
4.
Parking regulations: one space per 300 square feet of gross
floor area.
(d)
Outdoor display. Description: Outdoor display land uses include all land uses which conduct sales, display sales or rental merchandise or equipment outside of an enclosed building. Example of such land uses include vehicle sales, vehicle rental, manufactured and mobile housing sales and monument sales. The area of outdoor sales shall be calculated as the area which would be enclosed by a fence installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors. Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. [See Subsection (5), below, also.] [Land uses which conduct or display only a limited amount of product outside of an enclosed building, are listed in § 13-3-206(8)(j) as "outdoor display incidental to indoor sales".]
1.
Permitted by right: not applicable.
2.
Special use regulations: (ML).
3.
Conditional use regulations (BR, BL, I):
a.
The display of items shall not be permitted in permanently protected
green space areas, required landscaped areas, or required bufferyards.
b.
The display of items shall not be permitted within required
setback areas for the principal structure.
c.
In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by the provisions of § 13-3-704 If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present.
d.
Display areas shall be separated from any vehicular parking
or circulation area by a minimum of 10 feet. This separation shall
be clearly delimited by a physical separation such as a greenway,
curb, fence, or line of planters, or by a clearly marked paved area.
e.
Signs, screenage, enclosures, landscaping, or materials being
displayed shall not interfere in any manner with either on-site or
off-site traffic visibility, including potential traffic/traffic and
traffic/pedestrian conflicts.
f.
Outdoor display shall be permitted during the entire calendar
year, however, if goods are removed from the display area all support
fixtures used to display the goods shall be removed within 10 calendar
days of the goods' removal.
g.
Inoperative vehicles or equipment, or other items typically
stored or displayed in a junkyard or salvage yard, shall not be displayed
for this land use.
(e)
Indoor maintenance service. Description: Indoor maintenance services include all land uses which perform maintenance services (including repair) and contain all operations (except loading) entirely within an enclosed building. Because of outdoor vehicle storage requirements, vehicle repair and maintenance is considered an in-vehicle land use. See § 13-3-206(4)(g).
(f)
Outdoor maintenance service. Description: Outdoor maintenance
services include all land uses which perform maintenance services,
including repair, and have all, or any portion, of their operations
located outside of an enclosed building.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
4.
Parking regulations: one space per 300 square feet of gross
floor area.
(g)
In-vehicle sales or service. Description: In-vehicle sales and service land uses include all land uses which perform sales and/or services to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity. Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include drive-in, drive-up, and drive-through facilities, vehicular fuel stations, all forms of car washes, and auto repair and maintenance. If performed in conjunction with a principal land use (for example, a convenience store, restaurant or bank), in-vehicle sales and service land uses shall be considered an accessory use [see § 13-3-206(8)(k)].
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (BR, BL, BC, ML):
a.
Clearly marked pedestrian crosswalks shall be provided for each
walk-in customer access to the facility adjacent to the drive-through
lane(s).
b.
The drive-through facility shall be designed so as to not impede
or impair vehicular and pedestrian traffic movement, or exacerbate
the potential for pedestrian/vehicular conflicts.
c.
In no instance shall a drive-through facility be permitted to
operate which endangers the public safety, even if such land use has
been permitted under the provisions of this section.
d.
The setback of any overhead canopy or similar structure shall
be a minimum of 10 feet from all street rights-of-way lines, a minimum
of 20 feet from all residentially-zoned property lines, and shall
be a minimum of five feet from all other property lines. The total
height of any overhead canopy of similar structure shall not exceed
20 feet as measured to the highest part of the structure.
e.
All vehicular areas of the facility shall provide a surface
paved with concrete or bituminous material which is designed to meet
the requirements of a minimum four-ton axle load.
f.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (§ 13-3-610).
g.
Interior curbs shall be used to separate driving areas from
exterior fixtures such as fuel pumps, vacuums, menu boards, canopy
supports and landscaped islands. Said curbs shall be a minimum of
six inches high and be of a nonmountable design. No curb protecting
an exterior fixture shall be located closer than 25 feet to all property
lines.
4.
Parking regulations: one space per 50 square feet of gross floor
area where the in-vehicle land use is a stand-alone principle land
use. Where the in-vehicle land use is an accessory use, the parking
requirements of the principle land use shall apply.
(h)
Minor indoor commercial entertainment. Description: Minor indoor
commercial entertainment land uses include small-scale entertainment
services occurring entirely within an enclosed building. Examples
of such land uses include small-scale food and beverage preparation
and sales.
1.
Permitted by right: (BL, BC).
a.
The total area devoted to entertainment activity shall not exceed
25% of the total area of the buildings on the property, or 300 square
feet, whichever is less. (Larger uses shall be considered major indoor
commercial entertainment.)
b.
Seating shall be limited to six patron seats.
c.
Shall comply with applicable building and health code requirements.
4.
Parking regulations: none
(i)
Major indoor commercial entertainment. Description: Indoor commercial
entertainment land uses include all land uses which provide entertainment
services entirely within an enclosed building. Such activities often
have operating hours which extend significantly later than most other
commercial land uses. Examples of such land uses include restaurants,
taverns, theaters, health or fitness centers, all forms of training
studios (dance, art, martial arts, etc.) bowling alleys, arcades,
roller rinks, and pool halls. This land use category includes uses
that encompass more than 25% of the total building area or more than
300 square feet for entertainment activity, or provide more than six
customer seats. (Smaller uses may be considered minor indoor commercial
entertainment.)
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (OP, BR, BL, BC, ML, MG):
a.
If located on the same side of the building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 100 feet of a residentially zoned property.
4.
Parking regulations: one space per every three patron seats
or lockers (whichever is greater); or one space per three persons
at the maximum capacity of the establishment; (whichever is greater).
(j)
Minor outdoor commercial entertainment. Description: Minor outdoor
commercial entertainment land uses include all land uses which provide
entertainment services partially or wholly outside of an enclosed
building, with entertainment activities encompassing an area no larger
than 2,000 square feet. Such activities often have the potential to
be associated with nuisances related to noise, lighting, dust, trash
and late operating hours. Outdoor entertainment land uses may include,
but are not limited to, outdoor eating and drinking areas, outdoor
assembly areas, and outdoor recreation areas such as sand volleyball,
lawn games, etc. (Larger uses shall be considered major outdoor commercial
entertainment.)
1.
Permitted by right: not applicable.
2.
4.
Parking regulations: one space for every three patron seats
at the maximum capacity of the establishment.
(k)
Major outdoor commercial entertainment. Description: Land uses,
located on public or private property, that require intensive lighting
and generate regional traffic and noise beyond property lines. Major
outdoor commercial entertainment uses may include, but are not limited
to, amusement parks, water parks, fair grounds, outdoor stadiums,
drive-in theaters, outdoor commercial swimming pools, driving ranges,
miniature golf facilities, go-cart tracks, racetracks, and tournament-oriented
athletic facilities. This land use category includes uses that encompass
more than 2,000 square feet. (Smaller uses may be considered minor
outdoor commercial entertainment.)
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RH-35ac, OP, BR, BL, BC, ML, MG):
a.
A bufferyard with a minimum opacity of 1.0 shall be provide
along all property abutting residentially zoned property and for any
facility requiring night lighting.
b.
Facilities serving a regional or community-wide function shall
provided an off-street passenger loading area if the majority of the
users will be children.
c.
A minimum of 100 feet setback shall be required to any activity
area other than parking.
4.
Parking regulations: one space for every four patron seats at
the maximum capacity of the establishment.
(l)
Commercial animal boarding. Description: Commercial animal boarding
facility land uses include land uses which provide short-term and/or
long-term boarding for animals. Examples of these land uses include
commercial kennels and commercial stables. Exercise yards, fields,
training areas, and trails associated with such land uses are considered
accessory to such land uses and do not require separate consideration.
Animal boarding facilities and activities which, except for parking
are completely and continuously contained indoors, are subject to
a separate set of regulations (see Subsection (4)(l)5, below.).
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations [RH-35ac and BR, BL (see below)]:
a.
A maximum of one animal unit per acre of fully enclosed outdoor
area (and a maximum of five dogs, cats or similar animals) shall be
permitted.
b.
The minimum permitted size of horse or similar animal stall
shall be 100 square feet.
c.
The following setbacks shall be required in addition to those
of the zoning district:
1)
No activity area, including pastures or runs, shall
be located closer than 10 feet to any property line.
2)
Any building housing animals shall be located a
minimum of 300 feet from any residentially zoned property.
3)
A vegetative strip at least 100 feet wide shall
be maintained between any corral, manure pile, or manure application
area and any surface water or well in order to minimize runoff, prevent
erosion, and promote nitrogen absorption.
5.
Parking regulations: one space per every 1,000 square feet of
gross floor area.
(m)
Commercial indoor lodging. Description: Commercial indoor lodging
facilities include land uses which provide overnight housing in individual
rooms or suites of rooms, each room or suite having a private bathroom.
Such land uses may provide in-room or in-suite kitchens, and may also
provide indoor recreational facilities for the exclusive use of their
customers. Typical types of commercial indoor lodging land uses include
hotels, motels, inns, hostels, tourist cabins, resorts, timeshare
resorts, condo-hotels, residence inns, extended-stay hotels, apartment
hotels guest ranches and resort homes. Bed-and-breakfast facilities,
campgrounds and boarding houses are considered as distinct land uses
elsewhere in this Code. Restaurant, arcades, fitness centers, convention
facilities, meeting rooms, rentable banquet halls, and other on-site
facilities available to nonlodgers are not considered accessory uses
and therefore require review as a separate, principle, land use. Commercial
indoor lodging land uses are distinguished from residential land uses
by limiting occupancy by any individual or family to no more than
180 days in any period of 365 consecutive days. In instances where
occupancy extends to more than 180 days in any period of 365 days,
the living unit shall be considered a residential dwelling unit.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (ON, OP, BN, BR, BL, BC, ML):
a.
If located on the same side of a building as abutting residentially
zoned property, no customer entrance of any kind shall be permitted
within 100 feet of a residentially zoned property.
b.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 13-3-610).
c.
Within the ON and OP District, each and every room must take
primary access via an individual interior door, and may not be accessed
via an external balcony, porch or deck, except for emergency purposes.
4.
Parking regulations: one space per bedroom, plus one space for
each employee on the largest work shift.
(n)
Bed-and-breakfast establishment. Description: Bed-and-breakfast
establishments are exclusively indoor lodging facilities which provide
meals only to paying lodgers. Such land uses may provide indoor recreational
facilities for the exclusive use of their customers.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RH-35ac, RE-5ac, RS-2, RS-3, RS-5,
RM-8, RM-12, ON, BN, BR, BL, BC):
a.
All such facilities shall be required to obtain a permit to
serve food and beverages. They shall be inspected annually at a fee
as established by a separate ordinance, to verify that the land use
continues to meet all applicable regulations.
b.
One sign, with a maximum area of 20 square feet, shall be permitted
on the property.
c.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 13-3-610).
d.
No premises shall be utilized for a bed-and-breakfast operation
unless there are at least two exits to the outdoors from such premises.
Rooms utilized for sleeping shall have a minimum size of 100 square
feet for two occupants with an additional 30 square feet for each
additional occupant to a maximum of four occupants per room. Each
sleeping room used for the bed-and-breakfast operation shall have
a separate operational smoke detector alarm, as required in the Delavan
Building Code. One lavatory and bathing facility shall be required
for every 10 occupants, in addition to the owner/occupants personal
facilities.
e.
The dwelling unit in which the bed-and-breakfast takes place
shall be the principal residence of the operator/owner and said operator/owner
shall live on the premises when the bed-and-breakfast operation is
active.
f.
Only the meal of breakfast shall be served to overnight guests.
g.
Each operator shall keep a list of names of all persons staying
at the bed-and -breakfast operation. This list shall be kept on file
for a period of one year. Such list shall be available for inspection
by City officials at any time.
h.
The maximum stay for any occupants of a bed-and-breakfast operations
shall be 14 days.
i.
It shall be unlawful for any persons to operate a bed-and-breakfast
operation as defined and as permitted in the Municipal Code of the
City of Delavan without first having obtained a conditional use permit
and a license. The fee for issuance of a license required under this
chapter shall be $75 and collected by the office of the City Clerk.
The amount of such fee shall be established by the Common Council
and shall be in an amount sufficient to defray the cost of inspections
and supervision necessary for the implementation and enforcement of
this chapter. The fees shall be paid at the office of the City Clerk,
who shall issue the license in July of each year.
j.
Application requirements. Applicants for a license to operate
a bed-and-breakfast shall submit a floor plan of the single-family
dwelling unit illustrating that the proposed operation will comply
with the City Zoning Ordinance as amended, other applicable City codes
and ordinances, and within the terms of this chapter.
k.
Consideration of issuance. After application duly filed with
the City Clerk for a license under this division, Plan Commission
review and recommendation for a conditional use permit, the Common
Council shall hold a public hearing and determine whether any further
license shall be issued based upon the pubic convenience and necessity
of the people in the City. In the determination by the Common Council
of the number of bed-and-breakfast operations required to provide
for such public convenience and necessity, the Common Council shall
consider the effect upon residential neighborhoods, conditions of
existing holders of licenses, and the necessity of the issuance of
additional licenses for public service.
l.
Public nuisance violations. Bed-and-breakfast operations shall
not be permitted whenever the operation endangers, or offends, or
interferes with the safety or rights of others so as to constitute
a nuisance.
m.
Suspension, revocation and renewal. Any license issued under
the provisions of this chapter may be revoked by the Common Council
for good cause shown after investigation and opportunity to the holder
of such license to be heard in opposition thereto; in such investigation
the compliance or noncompliance with the state law and local ordinances,
the conduct of the licensee in regard to the public, and other consideration
shall be weighed in determination of such issue.
4.
Parking regulations: one space per each bedroom.
(o)
Group day-care center (nine or more children). Description:
Group day-care centers are land uses in which qualified persons provide
child care services for nine or more children. Examples of such land
uses include day- care centers and nursery schools. Such land uses
shall not be located within a residential building. Such land uses
may be operated on a for-profit or a not-for-profit basis. Such land
uses may be operated in conjunction with another principal land use
on the same environs, such as a church, school, business, or civic
organization. In such instances, group day-care centers are not considered
as accessory uses and therefore require review as a separate land
use.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RM-8, RM-12, ON, OP, BN, BR, BL,
BC, ML, MG, I, IR).
4.
Parking regulations: one space per five students, plus one space
for each employee on the largest work shift.
(p)
Campground. Description: Campgrounds include any facilities
designed for overnight accommodation of persons in tents, travel trailers,
or other mobile or portable shelters or vehicles.
(q)
Boardinghouse. Description: Boarding homes include any residential
use renting rooms to four or more people which do not contain private
bathroom facilities (with the exception of approved bed-and-breakfast
facilities).
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RM-12):
a.
Facility shall provide a bufferyard with a minimum opacity of 0.60 along all borders of the property abutting residentially zoned property (see § 13-3-610).
b.
Shall provide a minimum of one on-site parking space for each
room for rent.
c.
Shall be located in an area of transition from residential land
uses to nonresidential land uses.
4.
Parking regulations: one space per room for rent, plus one space
per each employee on the largest work shift.
(r)
Sexually-oriented land uses. Description: Sexually-oriented
land uses include any facility oriented to the display of sexually-oriented
materials such as videos, movies, slides, photos, books, or magazines;
or actual persons displaying and/or touching sexually specified areas.
For the purpose of this Title, "sexually specified areas" includes
any one or more of the following: genitals, anal area, female areola
or nipple; and "sexually-oriented material" includes any media which
displays sexually specified area(s). NOTE: The incorporation of this
subsection into this Title is designed to reflect the Common Council's
official finding that sexually-oriented commercial uses have a predominant
tendency to produce certain undesirable secondary effects on the surrounding
community, as has been demonstrated in other, similar jurisdictions.
Specifically, the Common Council is concerned with the potential for
such uses to limit: the attractiveness of nearby locations for new
development, the ability to attract and/or retain customers, and the
ability to market and sell nearby properties at a level consistent
with similar properties not located near such facilities. It is explicitly
not the intent of this subsection to suppress free expression by unreasonably
limiting alternative avenues of communication, but rather to balance
the need to protect free expression opportunities with the need to
implement the City's Comprehensive Master Plan and protect the character
and integrity of its commercial and residential neighborhoods.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
a.
Shall be located a minimum of 1,000 feet from any agriculturally
zoned property or residentially zoned property; and shall be located
a minimum of 1,000 feet from any school, church, or outdoor recreational
facility.
b.
Exterior building appearance and signage shall be designed to
ensure that use does not detract from the ability of businesses in
the vicinity to attract customers, nor affect the marketability of
properties in the vicinity for sale at their assessed values.
4.
Parking regulations: one space per 300 square feet of gross
floor area, or one space per person at the maximum capacity of the
establishment (whichever is greater).
(s)
Vacation rental home. Description: A dwelling unit available
for overnight, weekend, or weekly stays by paying guests, which may
or may not be owner-occupied for parts of the year. These uses are
often referred to as "vacation rentals" or "short-term rentals" and
include timeshare units. Where such units are available for lease
for periods of time longer than 30 consecutive days, such uses shall
not be considered vacation rental homes, but shall instead be considered
single-family dwellings, separately described and regulated under
this chapter. Also not included within this land use category are:
bed-and-breakfast, commercial indoor lodging, and boarding house land
uses, which are separately described and regulated under this chapter.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations: (ON, BN, BL, BC).
a.
The property owner or lease holder may be present, or may be
absent, during all or part of the time the dwelling unit is used as
a vacation rental home.
b.
The property owner or lease holder may rent the entire dwelling
unit or any part of the dwelling unit.
c.
Occupancy shall be limited to two persons per bedroom, plus
an additional two persons not in a bedroom. At no time may the number
of guests exceed eight, regardless of the number of bedrooms in the
dwelling unit.
d.
The maximum stay for any party, other than the resident owner
or lease holder, shall be 30 consecutive days.
e.
The number of guest vehicles allowed on site is limited to the
number of bedrooms in the unit. On-street parking by guests is prohibited.
f.
No recreational vehicle or tent may be used for living or sleeping
purposes.
g.
The appearance or use of the dwelling and the premises shall
not be altered in a manner that would cause the dwelling or the premises
to differ from its residential character either by the use of colors,
materials, construction, lighting, or signs; or by the emission of
sounds, odors, dust, or vibrations that carry beyond the premises.
h.
There shall be no outdoor storage of any kind allowed on the
subject property, with the exception of trailers; and watercraft,
snowmobiles, or ATVs on trailers.
i.
The availability of the vacation rental home to the public shall
not be advertised on the exterior of the premises.
j.
City room tax requirements shall be complied with.
k.
A list of these requirements Subsection (4)(s)3a through j shall
be provided to each occupant, and shall be clearly posted in each
vacation rental home dwelling unit.
4.
Minimum required off-street parking: one space per each bedroom.
(5)
Storage or disposal land uses.
(a)
Indoor storage or wholesaling. Description: Indoor storage and wholesaling land uses are primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples of this land use include conventional warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses per § 13-3-206(8)(m), below.
(b)
Outdoor storage or wholesaling. Description: Outdoor storage
and wholesaling land uses are primarily oriented to the receiving,
holding, and shipping of packaged materials for a single business
or a single group of businesses. Such a land use, in which any activity
beyond loading and parking is located outdoors, is considered an outdoor
storage and wholesaling land use. Examples of this land use include
contractors' storage yards, equipment yards, lumber yards, coal yards,
landscaping materials yard, construction materials yards, and shipping
materials yards. Such land uses do not include the storage of inoperative
vehicles or equipment, or other materials typically associated with
a junkyard or salvage yard. [See Subsection (5)(d), below.]
(c)
Personal storage facility. Description: Personal storage facilities
are land uses oriented to the indoor storage of items entirely within
partitioned buildings having an individual access to each partitioned
area. Such storage areas may be available on either a condominium
or rental basis. Also known as "mini-warehouses".
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (ML):
a.
Facility shall be designed so as to minimize adverse visual
impacts on nearby developments. The color, exterior materials, and
orientation of proposed buildings and structures shall complement
surrounding development.
4.
Parking regulations: one space for each employee on the largest
work shift.
(d)
Junkyard or salvage yard. Description: Junkyard or salvage yard
facilities are any land or structure used for a salvaging operation
including but not limited to: the aboveground, outdoor storage and/or
sale of waste paper, rags, scrap metal, and any other discarded materials
intended for sale or recycling; and/or the collection, dismantlement,
storage, or salvage of two or more unlicensed and/or inoperative vehicles.
Recycling facilities involving on-site outdoor storage of salvage
materials are included in this land use.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
a.
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting residentially zoned property (see § 13-3-610).
b.
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines.
c.
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
4.
Parking regulations: one space for every 20,000 square feet
of gross storage area, plus one space for each employee on the largest
work shift.
(e)
Waste disposal facility. Description: Waste disposal facilities
are any areas used for the disposal of solid wastes including those
defined by Wisconsin Statutes § 144.01(15), but not including
composting operations [see Subsection (5)(f), below].
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
a.
Shall comply with all county, state and federal regulations.
b.
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 13-3-610).
c.
All buildings, structures, and activity areas shall be located
a minimum of 300 feet from all lot lines.
d.
Operations shall not involve the on-site holding, storage or disposal of hazardous materials (as defined by § 13-3-719) in any manner.
e.
Required site plans shall include detailed site restoration
plans, which shall include at minimum, detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the City), shall be filed with the City
by the petitioner (subject to approval by the City Administrator),
and shall be held by the City for the purpose of ensuring that the
site is restored to its proposed condition. (The requirement for surety
is waived for waste disposal facilities owned by public agencies.)
4.
Parking regulations: one space for each employee on the largest
work shift.
(f)
Composting operation. Description: Composting operations are
any land uses devoted to the collection, storage, processing and or
disposal of vegetation.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RH-35ac, MH):
a.
Shall comply with all county, state and federal regulations.
b.
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property occupied by non-agricultural land uses (see § 13-3-610).
c.
All buildings, structures, and activity areas shall be located
a minimum of 100 feet from all lot lines.
d.
No food scraps or other vermin-attracting materials shall be
processed, stored or disposed of on-site.
e.
Operations shall not involve the on-site holding, storage or
disposal of hazardous wastes as defined by state statutes in any manner.
4.
Parking regulations: one space for each employee on the largest
work shift.
(g)
Recycling and related activities. Description: Recycling and
related activities facilities are any land, building or structure
used for recycling and related activities including, but not limited
to, materials handling, materials sorting, and materials processing;
all of which, except for storage, occur within buildings. Land uses
performing similar activities all or partially outdoors; land uses
involving organic products or waste other than paper, cardboard and
related materials; and/or land uses involving intact vehicles; shall
be regulated under other land use type categories.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
a.
All activities other than employee, customer and commercial
vehicle parking [and facilities approved in Subsection (5)(g)3c, below]
shall occur within a building which is fully enclosed by roof and
walls on all sides; except that materials awaiting sorting or shipping
may be stored in bins, fully enclosed truck trailers and truck boxes,
and rail cars
b.
Building openings shall be limited to windows, doors and loading
bays; all of which shall be designed to be fully closed; with the
exception of one building opening which may not exceed 2,400 square
feet nor more than a forty-foot-high opening. Such an opening shall
be screened per Subsection (5)(g)3e, below.
c.
No outdoor storage or handling of materials to be sorted or
shipped is permitted unless fully confined to storage containers,
storage bins, truck trailers or truck boxes, rail cars or related
devices which are explicitly identified and located on an approved
site plan, and screened from view from adjacent properties and rights-of-way
with a bufferyard with a minimum opacity of 0.6. Such storage areas
shall be paved with concrete or asphalt. Such outdoor storage shall
also require the approval of a conditional use permit for Outdoor
Storage land uses.
d.
Facility shall provide a bufferyard with a minimum opacity of 0.6 along all borders of the property abutting residentially zoned property (see § 13-3-610).
e.
Facility shall provide a bufferyard with a minimum opacity of
0.8 to screen the view of any nonclosable building opening from any
and all adjacent properties and rights-of-way to a degree approved
in the conditional use permit.
f.
In no instance shall any activity areas (including, but not
limited to, storage or parking) be located within a required landscaping
or bufferyard area.
g.
The use shall not involve the storage, handling or collection of hazardous materials, including any of the materials listed in § 13-3-719; or of organic materials other than paper, cardboard and related materials as determined by the City.
h.
No burning or incineration of materials is permitted. Torches
may be used to cut metal.
i.
The applicant shall provide the routing of commercial vehicles
to and from the facility within the city limits and the extraterritorial
area. Said routing shall demonstrate that such routing is limited
to designated truck routes wherever possible.
4.
Parking regulations: one space for each employee on the largest
work shift.
(6)
Transportation land uses.
(a)
Off-site parking lot. Description: Off-site parking lots are any areas used for the temporary parking of vehicles which are fully registered, licensed and operative. See also § 13-3-704 for additional parking regulations.
(b)
Airport/heliport. Description: Airports and heliports are transportation
facilities providing takeoff, landing, servicing, storage and other
services to any type of air transportation. The operation of any type
of air vehicle (including ultralight aircraft, hang gliders, parasails,
and related equipment, but excepting model aircraft) within the jurisdiction
of this Title shall occur only in conjunction with an approved airport
or heliport.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RH-35ac, OP, ML, MG, MH):
a.
All buildings, structures, outdoor airplane or helicopter storage
areas, and any other activity areas shall be located a minimum of
50 feet from all front lot lines, side lot lines, and rear lot lines,
and a minimum of 100 feet from all street rights-of way.
b.
Hangars and other principal buildings shall be separated by
a minimum of 50 feet, and shall not exceed 50 feet in height.
c.
All areas of the site located within 100 feet of airport or heliport buildings shall comply with the bufferyard requirements of the ML Zoning District, except where said bufferyard would interfere with airport height limitations or flight operations. (See § 13-3-610).
d.
Hangars shall not be used for residential or lodging land uses.
4.
Parking regulations: one space per each employee on the largest
work shift, plus one space per every five passengers based on average
daily ridership.
(c)
Freight terminal. Description: Freight terminals are defined
as land and buildings representing either end of one or more truck
carrier line(s) which may have some or all of the following facilities:
yards, docks, management offices, storage sheds, buildings and/or
outdoor storage areas, freight stations, and truck maintenance and
repair facilities, principally serving several or many businesses
and always requiring trans-shipment.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
a.
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting residentially zoned property (see § 13-3-610).
b.
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
c.
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
4.
Parking regulations: one space per each employee on the largest
work shift.
(d)
Distribution center. Description: Distribution centers are facilities oriented to the short-term indoor storage and possible repackaging and reshipment of materials involving the activities and products of a single user. Retail outlets associated with this use shall be considered accessory uses per § 13-3-206(8)(m), below.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (ML, MG, MH):
a.
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting residentially zoned property (see § 13-3-610).
b.
All buildings, structures, outdoor storage areas, and any other
activity areas shall be located a minimum of 100 feet from all lot
lines abutting residentially zoned property.
c.
In no instance shall activity areas be located within a required
frontage landscaping or bufferyard areas.
4.
Parking regulations: one space per each employee on the largest
work shift.
(7)
Industrial land uses.
(a)
Light industrial land use. Description: Light industrial land
uses are industrial facilities at which all operations (with the exception
of loading operations): 1) are conducted entirely within an enclosed
building; 2) are not potentially associated with nuisances such as
odor, noise, heat, vibration, and radiation which are detectable at
the property line; 3) do not pose a significant safety hazard (such
as danger of explosion); and 4) comply with all of the performance
standards listed for potential nuisances in Subchapter 23 —
Light industrial land uses may conduct retail sales activity as an
accessory use provided that the requirements of Subsection (8)(m),
below, are complied with.
1.
Permitted by right: not applicable.
2.
Special use regulations: (ML, MG).
a.
All exterior development, including modified or new structures
and paved areas, shall be subject to site plan review and approval
by the Industrial Development Design Review Committee.
4.
Parking regulations: one space per each employee on the largest
work shift.
(b)
Manufacturing heavy industrial land use. Description: Heavy industrial land uses are industrial facilities which do not comply with one or more of the following criteria: 1) are conducted entirely within an enclosed building; 2) are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation which are detectable at the property line; and 3) do not pose a significant safety hazard (such as danger of explosion). More specifically, heavy industrial land uses are industrial land uses which may be wholly or partially located outside of an enclosed building; may have the potential to create certain nuisances which are detectable at the property line; and may involve materials which pose a significant safety hazard. However, in no instance shall a heavy industrial land use exceed the performance standards listed in Article F of Chapter 13-3. Examples of heavy industrial land uses include meat product producers; alcoholic beverage producers; paper, pulp or paperboard producers; chemical and allied product producers (except drug producers) including poison or fertilizer producers; petroleum and coal product producers; asphalt, concrete or cement producers; tanneries; stone, clay or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical production facilities, electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; and recycling facilities not involving the on-site storage of salvage materials.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
a.
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property abutting properties which are not zoned (MH) (see § 13-3-610).
b.
All outdoor activity areas shall be located a minimum of 100
feet from residentially zoned property. No materials shall be stacked
or otherwise stored so as to be visible over bufferyard screening
elements.
4.
Parking regulations: one space per each employee on the largest
work shift.
(c)
Communication tower.
1.
Any structure that is designed and constructed for the purposed of supporting one or more antennas for communication purposes such as cellular telephones or similar, including self-supporting lattice towers, guyed towers, or monopole towers. For satellite dishes and antennas accessory to a principal use, see § 13-3-206(8)(r). Height shall be measured from finished grade to the highest point on the tower or other structure, including the base pad. This definition includes the mobile service support structure, supports, and equipment buildings.
2.
Regulations:
a.
Applicability. This land use shall not be regulated or permitted
as public service and utilities land use. This section shall apply
to the following:
1)
New towers. All new towers in the City of Delavan
shall be subject to these regulations.
2)
Preexisting towers. Preexisting towers shall not
be required to meet the requirements of this section, other than the
requirements of Subsection (2) of this section.
3)
Towers shall be considered principal uses. A different
use on the same lot shall not preclude the installation of a tower
on such lot.
b.
Compliance with federal regulations. Towers shall be erected
and installed in accordance with the state electrical code adopted
by reference in § 101-31 et seq., National Electrical Code,
Federal Communications Commission, Federal Aviation Administration,
and the instructions of the manufacturer. In cases of conflict, the
stricter requirements shall govern.
c.
Submittal and review procedure requirements and other requirements
specific to mobile service facilities and support structures (i.e.,
cell towers) must be consistent with Wis. Stats. 66.0404.
d.
Permit required. A permit is required for all new communication
towers or modifications to existing communication towers. The permit
application shall contain all of the following information:
1)
The name and business address of, and the contact
individual for, the applicant.
2)
The location of the proposed or affected support
structure.
3)
The location of the proposed mobile service facility.
4)
If the application is to substantially modify an
existing support structure, a construction plan which describes the
proposed modifications to the support structure and the equipment
and network components, including antennas, transmitters, receivers,
base stations, power supplies, cabling, and related equipment associated
with the proposed modifications.
5)
If the application is to construct a new mobile
service support structure, a construction plan which describes the
proposed mobile service support structure and the equipment and network
components, including antennas, transmitters, receivers, base stations,
power supplies, cabling, and related equipment to be placed on or
around the new mobile service support structure.
6)
If an application is to construct a new mobile service
support structure, an explanation as to why the applicant chose the
proposed location and why the applicant did not choose collocation,
including a sworn statement from an individual who has responsibility
over the placement of the mobile service support structure attesting
that collocation within the applicant's search ring would not result
in the same mobile service functionality, coverage, and capacity;
is technically infeasible; or is economically burdensome to the mobile
service provider. The application must also include a visual analysis,
which may include an annotated photo montage, field mockup, or other
technique prepared by or on behalf of the applicant which identifies
the potential visual impacts, location, configuration, and the design
capacity of the proposed facility to the satisfaction of the Plan
Commission. Consideration shall be given to views from public areas
as well as from private residences. The analysis shall assess the
impacts of the proposed facility and other existing telecommunication
facilities in the area, and shall identify and include all feasible
mitigation measures consistent with the technological requirements
of the proposed personal wireless services. All costs for the visual
analysis, and applicable administrative costs, shall be borne by the
applicant.
e.
All service carriers and providers that offer or provide any
telecommunications services for a fee directly to the public, either
within the City or outside the corporate limits from telecommunications
facilities within the City, and all communication tower owners, shall
register and provide to the City, pursuant to this chapter, on forms
to be provided by the Building Inspector and shall provide with each
conditional use application the following information below. It shall
be unlawful for any personal wireless services carrier or provider
who offers or provides services within the City, or any communication
tower owner who owns or operates telecommunications facilities within
the City, to fail to register and provide the information required
within 30 days of such a request by the City.
1)
The identity and legal status of the registrant,
including any affiliates.
2)
The name, address and telephone number of the officer,
agent or employee responsible for the accuracy of the registration
statement.
3)
A narrative and map description of registrant's
existing telecommunications facilities within the City, adjacent cities,
villages and townships.
4)
Such other information as the Building Inspector
may reasonably require.
f.
Placement requirements.
1)
Towers and guyed wires shall be set back from any
property line a minimum distance equal to 100% of the height of the
communication tower.
2)
No communication tower shall be installed closer
than one-quarter mile from another communication tower, measured from
the base of the tower to the base of the proposed tower, unless it
is a tower situated on a multi-tower zoning lot, or credible evidence
to a reasonable degree of certainty acceptable to the Plan Commission
is submitted showing a clear need for said new tower and the infeasibility
of co-locating it on an existing site. For the purposes of this requirement,
exempt telecommunications facilities unavailable for co-location shall
not be included in the one-quarter mile computation.
g.
Structural requirements. Every telecommunication facility shall
be designed and constructed so as to comply with the requirements
of Sections COMM 62.35 to 62.41, Wisconsin Administrative Code, amended
from time to time. If, upon inspection, the Building Inspector concludes
that a tower fails to comply with such codes, in effect at the time
of construction, and constitutes a danger to persons or property,
then upon notice being provided to the owner of the tower, the owner
shall have 30 days, or such time as determined by the Building Inspector,
to bring such tower into compliance with said codes. Failure to bring
such tower into compliance within said 30 days or such time as determined
by the Building Inspector shall constitute grounds for the removal
of the tower or antenna at owner's expense.
h.
Basic tower and building design. All new communication towers,
except exempt facilities as defined in Subsection (7)(c)2r below,
shall be designed to blend into the surrounding environment to the
greatest extent feasible. To this end all the following measures shall
be implemented.
1)
Communication towers shall be constructed out of
metal or other nonflammable material, unless specifically permitted
by the City to be otherwise.
2)
Telecommunication support facilities. See Subsection
(7)(c)2i pertaining to equipment buildings, below.
3)
The City shall have the authority to require reasonable
special design (materials, architectural features and color) of the
communication tower where findings of particular sensitivity are made
(e.g., proximity to historic or aesthetically significant structures,
views and/or community features).
4)
Communication towers shall incorporate sufficient
anti-climbing measures into the facility, as needed, to reduce potential
for trespass and injury.
5)
Accessory communication antenna shall be designed
to blend with its supporting structure. The color selected shall be
one that in the opinion of the Plan Commission will minimize the visibility
of the antennas to the greatest extent feasible.
6)
All new communication towers shall be structurally
and electrically designed to accommodate at least three separate antenna
arrays, unless credible evidence is presented that said construction
is economically and technologically unfeasible or the Plan Commission
determines that for reasons of aesthetics or to comply with the standards
above, a communication tower of such height to accommodate three antenna
arrays is unwarranted. Multi-user communication towers shall be designed
to allow for future rearrangement of antennas and to accept antennas
mounted at varying heights. Parking areas, access roads, and utility
easements shall be shared by site users, at fair market rates as determined
by customary industry standards, when in the determination of the
Plan Commission this will minimize overall visual impact to the community.
i.
Equipment buildings. Equipment buildings, including cabinets,
used in connection with commercial communication antennas will be
subject to the following conditions:
1)
Any location and impact of the equipment buildings
shall be made as minimal as possible so as not to prevent the principal
use of the property.
2)
Exterior storage of ground-mounted equipment or
materials shall not be permitted.
3)
Equipment buildings or structures may be mounted
on the roof of a building provided that such building or structure
is placed as unobtrusively as possible (e.g., integrated into the
roof design) and/or is screened from view from adjacent roads and
properties.
4)
Any ground-mounted equipment building used for accessory
equipment must either be screened from view from all adjacent residential
and commercial uses and potentially incompatible municipal uses with
a bufferyard with a minimum opacity of 0.40, or the equipment building
must be constructed with similar materials, style, roof pitch, etc.,
to complement the architectural character of the surrounding neighborhood.
5)
All ground-mounted equipment buildings shall at
a minimum meet the required setbacks of a principal structure for
the underlying zoning district and shall meet all applicable building
code requirements.
k.
Collocation. A proposed tower shall be structurally and electrically
designed to accommodate the applicant's antenna and comparable antennas
for two additional users. Towers shall be designed to allow for future
rearrangement of antennas and to accept antennas mounted at varying
heights.
l.
Advertising. No form of advertising or identification, or sign
is allowed on the tower other than the customary manufacturer identification
plate.
m.
Lighting. Towers shall not be artificially illuminated unless
required by the FAA or any other applicable authority.
n.
Fencing. A tower shall be enclosed by solid fencing not less than six feet in height or a bufferyard with a minimum opacity of 0.40 and secured so that it is not accessible by the general public. The minimum opacity of said bufferyard shall be increased to 0.80 along borders of the lot abutting residentially zoned property (see § 13-3-610). Fence design, materials and colors shall reflect the character of the surrounding area.
o.
Color. The wireless communication tower and antennae shall be
of a neutral color such as light gray or sky blue except as dictated
by the Federal Aviation Administration (FAA) and be designed to minimize
visibility and to blend into the surrounding environment. Towers with
antennas shall be designed to withstand applicable wind load requirements
as prescribed in the Uniform Building Code. Towers and/or antenna
systems shall be constructed of, or treated with, corrosive resistant
material. A regular maintenance schedule shall be followed.
p.
Abandonment. The applicant shall provide a written agreement
stating that if the tower or transmitters are unused for a period
exceeding 365 days, the applicant shall remove the tower or transmitters
upon request from the City. Within 30 days of the date on which the
tower use ceases, the permit holder shall provide the commission written
notice of the cessation of use. If unused facilities are not removed,
the City may remove the items at the expense of the property owner.
q.
Inventory and tracking system. The Zoning Administrator shall
compile a list of existing telecommunications facilities within the
City's jurisdiction based upon information provided by personal wireless
services providers and communication tower owners. The Zoning Administrator
shall maintain and update said list on a regular basis. The list shall
also include the location of public facilities that may be available
for co-location.
r.
Exempt facilities.
1)
City of Delavan owned and operated facilities required
in the public interest to provide for and maintain a radio frequency
telecommunication system, including digital, analog, wireless or electromagnetic
waves, for police, fire, and other municipal services.
s.
Applications and fees.
1)
All co-location applications must be processed within
the timeframes set forth by the Federal Communications Commission.
Any application for the co-location of small wireless facilities must
be processed by the City within 60 days of receiving a completed application
and any other co-location facility application must be processed within
90 days of receiving a completed application.
2)
All fees associated with small wireless facilities
must be a reasonable approximation of the objectively reasonable cost
associated with maintaining infrastructure or processing an application
in accordance with the maximum values set forth by the Federal Communications
Commission.
(d)
Extraction use. Description: Extraction uses include and land
uses involving the removal of soil, clay, sand, gravel, rock, minerals,
peat, or other material in excess of that required for approved on-site
development or agricultural activities.
1.
Permitted by Right: Not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (MH):
a.
Shall receive approval from Walworth County prior to action
by the City of Delavan, and shall comply with all county, state and
federal regulations.
b.
Facility shall provide a bufferyard with a minimum opacity of 1.00 along all borders of the property (see § 13-3-610).
c.
All buildings, structures, and activity areas shall be located
a minimum of 300 feet from all lot lines.
d.
Required site plans shall include detailed site restoration
plans, which shall include at minimum, detailed grading and revegetation
plans, and a detailed written statement indicating the timetable for
such restoration. A surety bond, in an amount equivalent to 110% of
the costs determined to be associated with said restoration (as determined
by a third party selected by the City), shall be filed with the City
by the petitioner (subject to approval by the Zoning Administrator),
and shall be held by the City for the purpose of ensuring that the
site is restored to its proposed condition. (The requirement for said
surety is waived for waste disposal facilities owned by public agencies.)
4.
Parking regulations: one space per each employee on the largest
work shift.
(8)
Accessory land uses. Accessory uses are land uses which are incidental to the principal activity conducted on the subject property. Only those accessory uses listed in Table 13-3-203 shall be permitted within the jurisdiction of this Title. With the exception of a commercial apartment [see Subsection (8)(a), below], a farm residence [see Subsection (8)(c), below], or an accessory dwelling unit [see Subsection (8)(w), below], in no instance shall an accessory use, cellar, basement, tent or recreational trailer be used as a residence. With the exception of farm buildings, accessory buildings located within a residential district shall be constructed or finished in a complimentary architectural style and with complimentary materials to the principal residential buildings in the neighborhood. Accessory uses shall not be located between a principal building and a street frontage on the same lot, nor within any required front yard or street side yard, except an accessory structure may be located in a side yard providing the structure complies with the setback requirements applicable to the principal structure.
(a)
Commercial apartment. Description: Commercial apartments are
dwelling units which are located above the ground floor of a building
used for a commercial land use [as designated in Subsection (4), above].
Within the Business Central (BC) Zoning District, commercial apartments
may also occupy less than one-half of the ground floor area. Commercial
apartments are considered an accessory use to the principal use of
the structure, typically office, personal or professional service,
or indoor sales or service. Because they are an accessory use, the
presence of commercial apartments within a structure does not create
a group development. The primary advantage of commercial apartments
is that they are able to share required parking spaces with nonresidential
uses.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (ON, BN, BR, BL, BC):
a.
The gross floor area devoted to commercial apartments shall
be counted toward the floor area of a nonresidential development.
b.
A minimum of one off-street parking space shall be provided
for each bedroom within a commercial apartment. Parking spaces provided
by nonresidential land uses on the site may be counted for this requirement
with the approval of the Zoning Administrator.
c.
Commercial apartments may be located on the ground floor of
buildings within the Business Central (BC) Zoning District, provided
that on the ground floor, the combined gross floor area devoted to
commercial apartments shall not exceed the combined gross floor area
devoted to commercial land uses, and further provided that no commercial
apartment floor area is located within 50 feet of the right-of-way
of Walworth Avenue or South Seventh Street.
(b)
On-site parking lot. Description: On-site parking lots are any areas located on the same site as the principal land use which are used for the temporary parking of vehicles which are fully registered, licensed and operative. Refer also to § 13-3-704.
(c)
Farm residence. Description: A farm residence is a single-family
detached dwelling unit located on the same property as any of the
principal agricultural land uses listed in Subsection (2), above.
(d)
Detached private residential garage, carport, or utility shed. Description: A private residential garage, carport or utility shed is a structure which primarily accommodates the sheltered parking of a passenger vehicle and/or the storage of residential maintenance equipment. It may be located on the same lot as a residential unit or units, or on a separate lot in conjunction with a residential land use. See § 13-3-409 for requirements applicable to legal, nonconforming garages. Garages, carports and utility sheds in excess of 1,000 square feet of gross floor area are not permitted in residential districts except as conditional uses. [Also see § 13-3-206(8).]
(e)
Private residential recreational facility. Description: This land use includes all active outdoor recreational facilities located on a private residential lot which are not otherwise listed in Table 13-3-203. Materials and lighting shall limit light levels at said property line are to be equal to or less than 0.5 footcandles (see § 13-3-707). All private residential recreation facilities and their attendant structures shall comply with the bulk requirements for accessory structures. (See Article C of Chapter 13-3.) Common examples of these accessory uses include basketball courts, tennis courts, swimming pools, and recreation-type equipment.
1.
Permitted by right. (All accessory uses except swimming pools).
(All districts, except I, IR, PR.)
2.
Special use regulations (for swimming pools) (all districts,
except I, IR, PR):
a.
Swimming pools. No person shall construct, maintain, install
or enlarge any swimming pool within the City of Delavan, except in
compliance with the provisions of this Code enacted by the City for
public safety pursuant to the International Swimming Pool and Spa
Code 2012 (ISPSC).
1)
Swimming pool definition. Means a receptacle for
water, or any artificial pool of water having a depth at any point
of more than two feet, intended for the purpose of immersion or partial
immersion therein of human beings, and including all appurtenant equipment.
2)
Location. No portion shall be located at a distance
not less than 10 feet from any side or rear property line, or building
line. Pumps, filters and pool water disinfection equipment installation
shall be located at a distance not less than 10 feet from any side
property line.
3)
Permit required. No person shall construct, install,
enlarge, or alter any private residential swimming pool and appurtenances
thereto within City unless a permit therefor shall have first been
obtained from the Building Inspector. All private residential swimming
pools, appurtenances, water supply and drainage systems shall be constructed
in conformity with the approved plans therefor and with this code.
4)
Pool maintenance:
a)
The systems supplying recirculated water and makeup
water to the pool shall be constructed in conformance with this Code
and the plumbing code of the state of Wisconsin.
b)
Pools shall be equipped with facilities for completely
emptying the pool and the discharge of the pool water to the storm
sewer and shall be at a rate not to exceed 200 gallons per minute.
No direct connection shall be made to any sanitary sewer for the draining
of the pool water. It shall be the responsibility of the owner to
provide equipment, hose, tank truck or otherwise, to empty the pool
water into the storm sewer.
c)
Equipment shall be provided for the disinfection
of all pool water.
6)
Fence required:
a)
Swimming pools not enclosed within a permanent building
shall be completely enclosed by a fence of sufficient strength to
prevent access to the pool.
b)
Shall not be less than four feet in height.
c)
Fence installation and materials shall conform to the zoning code § 13-3-720 Fencing Standards of the Delavan zoning code.
d)
Shall be so constructed so as not to have voids,
holes or openings that would allow the passage of four inches sphere.
e)
Aboveground pools with built-in fencing and/or locking
gates to prevent unguarded entry will be allowed without separate
additional fencing, per the approval of the Zoning Administrator.
f)
No fence shall be located, erected, constructed
or maintained closer to a pool than three feet.
7)
Gates:
a)
Shall be equipped to accommodate a locking device.
b)
Pedestrian access gates shall open outward away
from the swimming pool and shall be self-closing and have a self-latching
device.
i.
Where the release mechanism of the self-latching
device is located less than 54 inches from grade, the release mechanism
shall be located on the swimming pool side of the gate at least three
inches below the top of the gate, and the gate and barrier shall not
have openings greater than 1/2 inch (12.7 mm) within 18 inches of
the release mechanism.
(f)
Private residential kennel. Description: A maximum of any combination
of three dogs and/or cats (over six months of age) are permitted by
right for any one residential unit. Any residence housing a number
of dogs and or cats exceeding this number shall be considered a private
residential kennel. Such a kennel (dogs only) shall require licensing
by the City of Delavan. In addition to those requirements, a private
residential kennel shall meet the following requirements:
1.
Permitted by right: (all districts for any combination of three
(or fewer) dogs and/or cats over six months of age).
2.
Special use regulations. (RH-35ac):
(g)
Private residential stable. Description: A private residential
stable is a structure facilitating the keeping of horses (or similar
animals) on the same site as a residential dwelling.
1.
Permitted by right: not applicable.
2.
Special use regulations (RH-35ac):
a.
A minimum lot area of 175,000 square feet (four acres) is required
for a private residential stable.
b.
A maximum of one horse per five acres of fully enclosed, by
fencing and/or structures, area is permitted.
c.
Outdoor containments for animals shall be located a minimum
of 25 feet from any residentially zoned property.
d.
The requirements of § 13-3-206(4)(k) shall also apply to private residential stables.
(h)
Company cafeteria. Description: A company cafeteria is a food
service operation which provides food only to company employees and
their guests, which meets State food service requirements, and is
located on the same property as a principal land use engaged in an
operation other than food service.
(i)
Company provided on-site recreation. Description: A company
provided on-site recreational facility is any active or passive recreational
facility located on the same site as a principal land use, and which
is reserved solely for the use of company employees and their guests.
Facilities using activity night lighting shall be a conditional use.
1.
Permitted by right: not applicable.
3.
Conditional use regulations: (ON, OP, BN, BR, BL, BC, ML, MG,
MH):
a.
Outdoor recreation facilities using night lighting and adjoining a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 0.60 (see § 13-3-610). Said bufferyard shall be located at the property line adjacent to said residentially zoned property.
b.
All structures and actively used outdoor areas shall be located
a minimum of 50 feet from any residentially zoned property.
(j)
Outdoor display incidental to indoor sales and service (more than 12 days). Description: See § 13-3-206(4)(d).
(k)
In-vehicle sales and services incidental to on-site principal land use. Description: See § 13-3-206(4)(g), above.
(l)
Indoor sales incidental to storage or light industrial land
use. Description: These land uses include any retail sales activity
conducted exclusively indoors which is incidental to a principal land
use such as warehousing, wholesaling or any light industrial land
use, on the same site.
1.
Permitted by right: not applicable.
2.
Special use regulations (ML, MG, MH):
a.
Adequate parking, per the requirements of § 13-3-704, shall be provided for customers. Said parking shall be in addition to that required for customary light industrial activities.
b.
The total area devoted to sales activity shall not exceed 25%
of the total area of the buildings on the property.
c.
Shall provide restroom facilities directly accessible from retail
sales area.
d.
Retail sales area shall by physically separated by a wall from
other activity areas.
3.
Conditional use regulations: not applicable.
(m)
Light industrial activities incidental to indoor sales or service
land use. Description: These land uses include any light industrial
activity conducted exclusively indoors which is incidental to a principal
land use such as indoor sales or service, on the same site.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations: (BR, BL, BC):
a.
The total area devoted to light industrial activity shall not
exceed 15% of the total area of the buildings on the property, or
5,000 square feet, whichever is less.
(n)
Drainage structure. Description: These include all improvements
including, but not limited to swales, ditches, culverts, drains, tiles,
gutters, levees, basins, detention or retention facilities, impoundments,
and dams intended to effect the direction, rate and/or volume of stormwater
runoff, snow melt, and/or channelized flows across, within and/or
away from a site.
1.
Permitted by right: (I, IR, PR).
2.
Special use regulations (all districts except I, IR, PR):
a.
Shall comply with § 13-3-206(10) for the placement of drainage structures in permanently protected green space areas.
b.
Shall comply with § 13-3-206(10) and provisions of the City's Subdivision Regulations[1] regarding protection measures for drainageways.
[1]
Editor's Note: See Title 14.
c.
Any drainage improvement shall not increase the rate or volume
of discharge from the subject property onto any adjacent properties,
except where regional stormwater management facilities such as storm
sewers and retention or detention facilities are in place to serve
the subject property.
3.
Conditional use regulations: Not applicable.
(o)
Filling. Description: Filling includes any activity in an area
over 4,000 square feet or greater than 500 cubic yards of fill, involving
the modification of the earth's surface above that in its undisturbed
state.
1.
Permitted by right: (I, IR, PR).
2.
Special use regulations (all districts except I, IR, PR):
3.
Conditional use regulations: Not applicable.
(p)
Lawn care. Description: Lawn care includes any activity involving
the preparation of the ground, installation and maintenance of vegetative
ground cover (including gardens) which complies with the City of Delavan
Code of Ordinances. Lawn care is not permitted in certain permanently
protected green space areas, see § 13-3-509.
(q)
(r)
(s)
Home occupation. Description: Home occupations are economic
activities performed within any single-family detached residence which
comply with the following requirements. Examples include personal
and professional services, and handicrafts, which comply with all
of the following requirements:
1.
Permitted by right: not applicable.
2.
Special use regulations (all districts except I, IR, PR).
a.
The home occupation shall be conducted only completely within
the dwelling unit or accessory building or structure and not on any
porch, deck, patio or other unenclosed or partially enclosed portion
of the dwelling unit.
b.
The home occupation shall be conducted by a resident of the
dwelling unit, and no more that one other person shall be employed,
on either a part-time or full-time basis, in the business.
c.
No more than 25% of the total living area of the dwelling (exclusive
of garage and porch areas) shall be used for the home occupation.
d.
The dwelling unit used for the home occupation shall not serve
as a storage facility for a business conducted elsewhere.
e.
No activity, materials, goods, or equipment incidental to the
home occupation shall be externally visible.
f.
Only one sign, not to exceed two square feet, non-illuminated
and wall mounted only, may be used to advertise a home occupation.
Said sign shall not be located within a right-of-way, and shall be
of an appearance which is harmonious with nearby residential areas.
g.
The use of the dwelling unit for a home occupation shall in
no way be incompatible with the character of nearby residential areas.
h.
A minimum of two off-street parking spaces reserved for business
use shall be provided on-site.
i.
In no instance shall a home occupation create a nuisance for
neighboring properties.
j.
Subject property owner's written permission is required as part
of the special use application.
3.
Conditional use regulations: not applicable.
(t)
On-site composting and wood piles. Description: Includes all
collection, storage, and processing of vegetation wastes and/or wood
piles.
1.
Permitted by right: (I, IR, PR): All facilities less than five
cubic yards of compost or five full cords of wood.
2.
Special use regulations (RH-35ac, RE-5ac, RS-2, RS-3, RS-5,
RM-8, RM-12, ML, MG, MH).
a.
Shall be limited to no more than 10 cubic yards of total collection,
storage and processing area, and/or 10 full cords of total collection
and storage area. All such areas shall be located a minimum of five
feet from all property lines.
b.
Shall not involve food scraps, other vermin-attracting materials,
or rotted wood and shall be maintained in an attractive manner.
3.
Conditional use regulations: not applicable.
(u)
Family day-care home (four to eight children). Description:
Family day-care homes are occupied residences in which a qualified
person or persons provide child care for four to eight children. The
care of less than four children is not subject to the regulations
of this Title.
(v)
Migrant labor camp. Migrant labor camps include any facility
subject to the regulation of Wisconsin Statutes § 103.90.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RH-35ac).
a.
Shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all property lines adjacent to all properties in residential, office or commercial zoning districts (see § 13-3-610).
b.
Migrant labor camp shall be an accessory use to an active principal
use, under the same ownership, which is located within the City of
Delavan.
(w)
Accessory dwelling unit. Description: A residential dwelling
unit located on the same lot as a single-family dwelling unit, either
in the same building as the single-family dwelling unit or in a detached
building. The accessory dwelling unit shall not count toward maximum
gross density requirements.
1.
Permitted by right: not applicable.
2.
Special use regulations: not applicable.
3.
Conditional use regulations (RS-2).
a.
Accessory dwelling units shall be located only on lots 2.5 acres
or larger.
b.
The number of occupants of the accessory dwelling unit shall
not exceed one family.
c.
Additional entrances shall not be added to the front elevation
of an existing building but may be added to side or rear or street
side elevations.
d.
Accessory dwelling units shall adhere to the accessory structure
setback requirements and standards that apply to the single family
dwelling unit type.
e.
The principal dwelling unit shall be owner-occupied.
f.
The accessory dwelling unit shall not be sold separately from
the principal dwelling.
g.
The maximum size of an accessory dwelling unit shall not exceed
75% of the principal dwelling unit's floor area, up to a maximum size
of 800 square feet.
h.
The appearance or character of the principal building must not
be significantly altered so that its appearance is no longer that
of a single-family dwelling.
i.
The exterior finish material must match in type, size and placement,
the exterior finish material of the principal dwelling unit.
j.
The roof pitch must match the predominant roof pitch of the
principal dwelling unit or structure.
k.
Exterior trim must match the trim used on the principal dwelling
unit.
l.
Projecting eaves must match those of the principal dwelling
unit or structure.
m.
Windows must match those in the principal dwelling unit in both
proportion (relationship of width to height) and orientation (horizontal
or vertical).
4.
Parking regulations: one parking space per accessory dwelling
unit.
(x)
(Reserved)
(y)
Short-term rental. Description: Includes all lodging places
and tourist cabins and cottages, other than hotels and motels, in
which sleeping accommodations are offered for pay to tourists and
transients for more than six but fewer than 29 consecutive days. It
does not include private boarding houses or rooming houses not accommodating
tourists or transients, or bed-and-breakfast establishments regulated
under ACTP 73.
1.
Special use. All zoning districts within legal "residential
dwellings," as that term is defined in § 66.1014, Wis. Stats.
a.
Land use requirement. A short-term rental shall only be located
as an accessory land use within legal "residential dwellings," as
that term is defined in § 66.1014, Wis. Stats.
b.
Annual city license required.
1)
A short-term rental shall operate only during the valid period of an annual City of Delavan short-term rental license (hereinafter "annual license") for each consecutive 365-day period. If the short-term rental is transferred or there is any change of ownership of the short-term rental during the valid period of an annual license, the license may only be assumed by the transferee for the remaining period of the license. Operating a short-term rental without a current version of a valid annual license shall be considered a violation of this Zoning Ordinance, and will be subject to the penalties of § 13-4-936. The following information shall be provided on an annual basis, prior to issuance of said annual license:
a)
Completed City of Delavan short-term rental application,
which includes the property owner name, address, and phone number;
the designated operator's name, address, and phone number; the period
of operation of up to 180 days in a 365-day period, which must be
consecutive;
b)
A current floor plan for the short-term rental at
a minimum scale of one-inch equals four feet, and site plan of the
property at a minimum scale of one-inch equals 10 feet showing on-site
parking spaces and trash storage areas;
c)
General Building Code inspection by City, and submittal
of official Building Code inspection report with no outstanding compliance
orders remaining;
d)
Proof of valid property and liability insurance
for the dwelling unit;
e)
State of Wisconsin tourist rooming house license;
f)
City of Delavan room tax permit;
g)
City of Delavan general business license;
h)
Payment of an administrative fee, set by City Council
resolution, to cover the costs to the City of administering the above.
2)
The City of Delavan short-term rental license shall
be issued with the completion of the above requirements and compliance
with the City's Room Tax Ordinance.
c.
Property management requirements. Each short-term rental shall
be managed consistent with the following requirements:
1)
The total number of days of operation within any
365-day period of an annual license shall not exceed 180 consecutive
days. This period of short-term rental operation shall be specified
by the property owner in the required Delavan short-term rental application.
2)
The minimum rental period shall be seven consecutive
days by any one party.
3)
The maximum rental period within a 365-day period
of an annual license shall be 180 consecutive days.
4)
Similar facilities in which single-family detached
homes are available for less than seven days, more than 180 days,
or throughout the year, are not considered short-term rental land
uses and instead shall be regulated either as vacation rental home
or commercial indoor lodging land uses.
5)
The maximum number of occupants shall not exceed
the total number licensed by the State of Wisconsin or two per bedroom
plus two additional occupants, whichever is less.
6)
The short-term rental shall be operated by the property
owner or by a property manager explicitly designated in the valid
Delavan short-term rental application as the "designated operator."
7)
The property owner's and the designated operator's
names, addresses, and twenty-four-hour phone numbers shall be provided
in the City of Delavan short-term rental application and shall be
updated within 24 hours upon any change in the property manager or
the property manager's contact information.
8)
The designated operator must be available by phone
24 hours, seven days a week, during the period of operation designated
in the Delavan short-term rental application. Whenever guests are
staying at the short-term rental, the designated operator shall be
within a two-hour drive and available to be physically on premises
in the event of an emergency.
9)
Each short-term rental shall provide and maintain
a guest register and shall require all guests to register their true
names and addresses before allowing occupancy. The guest register
shall be kept intact and available by the designated operator for
inspection by representatives of the City for at least one year from
the day of the conclusion of the period of operation.
10)
Each short-term rental shall submit an annual report
to the City on or before March 30th. Failure to submit the required
reports will be considered a violation of this chapter and shall be
subject to all applicable penalties up to an including revocation
of their short-term rental license. Said annual report shall contain
the following items:
a)
The true names and addresses of any person renting
the property;
b)
The dates of each stay for all guests in the previous
year (which must be a minimum of seven consecutive days);
c)
The monetary amount or consideration paid for the
rental;
d)
A list of websites and places the short-term rental
has been advertised in the previous year;
e)
The amount of room tax paid to the city by the property
owner, designated operator, and/or online rental marketplace on behalf
of the property owner and designated operator.
11)
Short-term rental license and emergency contact
information must be posted in a conspicuous area within the property
at all times.
12)
When an online rental marketplace is utilized to
market a short-term rental, the property owner and/or designated operator
shall register for payment of City room tax through that marketplace.
d.
Property operational requirements. Each short-term rental shall
be operated per the following requirements:
1)
The "Requirements for Short-Term Rental Guests"
form provided by the City of Delavan to summarize City requirements
for short-term rental, and the site plan for the subject property
clearly depicting guest parking spaces and the rear yard, shall be
posted on the inside of the front door of each short-term rental throughout
its period of operation.
2)
Parking requirements:
a)
A minimum of two off-street parking spaces shall
be provided on the subject property for each short-term rental. If
the short-term rental provides three or more bedrooms, an additional
on-site parking space is required for each additional bedroom over
two.
b)
All guest parking for vehicles and trailers shall
be within a parking space designated on the Site Plan, on an area
paved with concrete and asphalt.
c)
All guest vehicles and trailers shall park on-site.
Street parking for guests is not permitted.
d)
No parking of vehicles or trailers is permitted
on gravel, lawn, in the public right-of-way, or planter bed areas.
3)
Site appearance requirements:
a)
Aside from a changing mix of guests and their vehicles,
there shall be no evidence of the property being used as a short-term
rental visible on the exterior of the subject property.
b)
No exterior signage related to the short-term rental
is permitted, other than the property address.
c)
No outdoor storage related to the short-term rental
land use is permitted, except for typical residential recreational
equipment, seating, and outdoor cooking facilities, which are permitted
only within the rear yard.
d)
No recreational vehicle, camper, tent, or other
temporary lodging arrangement shall be permitted to accommodate guests.
4)
Neighborhood impact requirements:
a)
No outdoor activity shall occur between the hours
of 10:00 p.m. and 7:00 a.m.
b)
At all times, no noise, lighting, odor or other impacts from the subject property shall be detectable at the property line at levels exceeding the requirements of Article F of Chapter 13-3 of the Delavan Zoning Ordinance.
c)
No vehicular traffic at levels exceeding those typical
for a detached single-family dwelling unit shall be generated by the
short-term rental.
e.
Access and inspections.
1)
The City shall be authorized at all reasonable times
upon reasonable notice to the owner, and with either the owner's consent
or a special inspection warrant under Wis. Stats. § 66.0119,
except in cases of emergency where no special inspection warrant is
required, and as provided in § 66.0119(2), Wis. Stats.,
to enter and examine any building, structure, or premises, for the
purpose of ensuring compliance with this chapter. If the owner declines
to consent to an inspection without a warrant, the City may not conduct
an inspection under this section without first obtaining a special
inspection warrant under Wis. Stats. § 66.0119 except in
cases of emergency where no special inspection warrant is required,
and as provided in § 66.0119(2), Wis. Stats. The owner,
agent or occupant of any such premises who refuses to permit, or prevents
or interferes with any entry into or upon the premises by any such
inspector with a special inspection warrant or in cases of emergency
where no inspection warrant is required and as provided in § 66.0119(2),
Wis. Stats., shall be in violation of this section. It is not a violation
of this section to refuse to grant voluntary consent to an inspection.
2)
The City has adopted the Knox-Box® key box system providing for the installation of miniature vaults
that are placed upon the exterior buildings, gateposts, or other applicable
locations. Contained within the vault are the keys that will allow
access to the short-term rental in emergency situations.
3)
Designated operators and owners are encouraged,
but not required, to install Knox-Box® systems on their short-term rentals. Designated operators and owners
of short-term rentals acknowledge that the City shall not be obligated
for damages occurring to short-term rentals in the event emergency
access to a short-term rental is required and there is no Knox-Box® system installed on the property.
f.
Penalties and license revocation.
1)
Violations of the requirements for short-term rental,
the provisions of the short-term rental license, and all others of
this Subsection (8)(y) are subject to separate daily fines per § 98-936.
Citations for violations of this chapter will be issued to, and will
be the responsibility of, the property owner.
2)
The annual short-term rental license may be revoked
for more than two violations of the requirements specific to short-term
rentals, the license, or the remainder of this Zoning Code. Short-term
rental operators found noncompliant with the terms of this Subsection
(8)(y) shall be considered in violation and shall be subject to all
applicable penalties up to and including revocation of their short-term
rental license.
(z)
Food and beverage vehicles, carts, and stands. (BR, BL, BC, ML).
Description: A restaurant or retail food establishment on private
property where food is served or sold from a movable vehicle, trailer
or cart and requires a service base to accommodate the unit for servicing,
cleaning, inspection, and maintenance as specified in the Wisconsin
Food Code. Examples of this land use include but are not limited to
food trucks, food trailers, food carts, grill trailers, canteen trucks,
ice cream trucks, coffee trucks, donut trucks, smoothie trucks, mobile
food kitchens, pushcart vendors, bicycle vendors, and similar vehicles,
structures, or equipment. This use shall not include vehicles, carts,
or stands at public events on property owned by the City of Delavan
or used for catering services at private events. Company cafeterias,
which serve only company employees and guests, are not included in
this land use category and are separately described and regulated
under this chapter. Mobile food establishments located within public
rights-of-way are regulated under § 7-16.
1.
Special use regulations:
a.
No more than one establishment shall be permitted per property of five acres or less. On properties larger than five acres, more than one establishment may be approved by conditional use per § 13-4-905, except that commercial indoor lodging land uses over five acres are exempt from this section and do not require a special use or conditional use permit.
b.
The special use permit is specific to the property and the location
on the lot. Relocation of the use to another property or to another
location on the lot will require a separate special use permit.
c.
The special use permit application shall be signed by the property
owner.
d.
The vehicle, cart, or stand shall be licensed for such use by
the State of Wisconsin Department of Agriculture, Trade, and Consumer
Protection, any other applicable agencies, and shall possess all required
health inspection certificates.
e.
The vehicle, cart, or stand shall comply with federal, state,
and local regulations regarding vehicle size, licensure, and registration.
f.
The maximum operating hours shall be limited to 6:00 a.m. to
11:00 p.m.
g.
The use shall not obstruct pedestrian, bicycle, or vehicular
circulation, including vehicular sight distances.
h.
The use shall not be located within 25 feet of a driveway entrance
as measured from the right-of-way.
i.
The use shall not be located within 10 feet of a building entrance,
fire exit, or fire lane.
j.
The use shall not be located within 50 feet of a residentially-zoned
property or residential use.
k.
The use shall be located entirely within a parcel boundary with
a minimum five-foot setback to any lot line and any right-of-way line
and shall not be located within a public right-of-way or access easement.
l.
The use shall be located within an area paved for vehicle parking
such as a parking pad or within one or more designated parking spaces
within a parking lot. The use shall not be located within a driving
aisle or lane.
m.
The use shall not be permitted on properties where the minimum
parking requirements for the principal use are not met.
p.
Signage shall be limited to the following sign types, in accordance
with the sign ordinance: menu board signs, sandwich board signs, bulletin
board signs, order board signs, window signs, feather signs, stake
signs, and frame signs.
q.
All signs not affixed to the vehicle shall be depicted on the
site plan.
(9)
Temporary land uses.
(a)
Contractor's project office (all districts except PR). Description:
Includes any structure containing an on-site construction management
office for an active construction project.
1.
Temporary use regulations:
a.
Structure shall not exceed 2,000 square feet in gross floor
area.
b.
Facility shall be removed within 10 days of issuance of occupancy
permit.
c.
Shall not be used for sales activity. [See Subsection (9)(d),
below.]
d.
Projects requiring said land use to be in place for more than
365 days shall require a conditional use permit.
(b)
Contractor's on-site equipment storage facility (all districts
except PR). Description: Includes any structure or outdoor storage
area designed for the on-site storage of construction equipment and/or
materials for an active construction project.
1.
Temporary use regulations:
(c)
Relocatable building (ON, OP, BN, BR, BL, BC, ML, MG, MH). Description: Includes any manufactured building which serves as a temporary building for less than six months. (Facilities serving for more than six months shall be considered conditional uses and subject to the general standards and procedures presented in § 13-4-905.)
(d)
On-site real estate sales office (all districts except I, IR,
PR). Description: Includes any building which serves as an on-site
sales office for a development project.
1.
Temporary use regulations:
a.
Structure shall not exceed 5,000 square feet in gross floor
area.
b.
Facility shall be removed or converted to a permitted land use
within 10 days of the completion of sales activity.
c.
Signage shall comply with the requirements for temporary signs
in § 13-3-807.
d.
Projects requiring said land use to be in place for more than
365 days shall require a Conditional Use Permit.
(e)
General temporary outdoor sales (BR, BL, BC, ML). Description:
Includes the display of any items outside the confines of a building
which is not otherwise permitted as a permitted, special, or conditional
use, or a special event otherwise regulated by the City of Delavan
Municipal Code. Examples of this land use include but are not limited
to: seasonal garden shops, tent sales, and bratwurst stands. Garage
sales are exempt from the provisions of this Title, but shall comply
with the requirements of the City of Delavan Municipal Code.
1.
Temporary use regulations:
a.
Display shall be limited to a maximum of 120 days in any calendar
year.
b.
Display shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
c.
Signage shall comply with the requirements for temporary signs
in § 13-3-807.
d.
Adequate parking shall be provided.
e.
If subject property is located adjacent to a residential area,
sales and display activities shall be limited to daylight hours.
g.
If the approved site plan does not change, the zoning permit
will continue.
(f)
Seasonal outdoor sales of farm products (RH-35ac, BR, BL, BC,
ML, MG). Description: Includes any outdoor display of farm products
not otherwise regulated by the City of Delavan Code of Ordinances.
1.
Temporary use regulations:
a.
Display shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
b.
Signage shall comply with the requirements for temporary signs
in § 13-3-807.
c.
Adequate parking shall be provided.
d.
If subject property is located adjacent to a residential area,
sales and display activities shall be limited to daylight hours.
(g)
Outdoor assembly (all districts). Description: Includes any
organized outdoor assembly of more than 100 persons.
1.
Conditional temporary use regulations:
a.
Activities shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
b.
Signage shall comply with the requirements for temporary signs
in § 13-3-807.
c.
Adequate parking, drinking water, and toilet facilities shall
be provided, and shall be described in the application.
d.
If subject property is located adjacent to a residential area,
activities shall be limited to daylight hours.
e.
Adequate provisions for crowd control shall be made, and shall
be described within the application.
(h)
Limited duration special activities and events (all districts). Description: Any use of a structure or land for an indoor and/or outdoor event for a limited period for time not otherwise addressed in § 13-3-206(9)(a) through (g), above, where the site is not to be permanently altered by grading or construction. Events include, but are not limited to, art shows, outdoor festivals and concerts, boat shows, hot air balloon launch, or benefit event.
1.
Temporary use regulations:
a.
Duration.
1)
Temporary activities or events shall be limited
to a period of no more than two consecutive days in the RH-35, RE-5,
RS-2, RS-3, RS-5, RM-8, RM-12, ON, OP, MG, MH, I, and IR Districts.
2)
Temporary activities or events shall be limited
to a period of no more than 10 consecutive days in the BN, BR, BL,
BC, ML, and PR Districts.
2.
Activities shall not obstruct pedestrian or vehicular circulation,
including vehicular sight distances.
3.
Adequate provisions for crowd control shall be made, and shall
be described within the temporary use application.
4.
Adequate parking, drinking water, and toilet facilities shall
be provided, and shall be described in the temporary use application.
5.
Signage shall comply with the requirements for temporary signs
in § 13-3-807.
(10)
Natural resource disruption and required mitigation standards.
For all land uses, disruption to natural resource areas shall comply
with the requirements of the Subdivision and Platting Ordinance pertaining
to drainage, grading and erosion control. All land uses located within
permanently protected green space areas shall comply with the following
regulations:
(b)
Passive outdoor public recreational area.
1.
Permitted as a special use: (all permanently protected green
space areas):
a.
Limited to a twenty-foot wide area in permanently protected
natural resource areas. Permitted in other permanently protected green
space areas without restriction.
b.
Non-native vegetation shall not be permitted to spread into
permanently protected natural resource areas beyond said twenty-foot
wide area.
2.
Permitted as a conditional use: not applicable.
(e)
Lawn care.
1.
Permitted as a special use (other permanently protected green
space areas):
a.
Non-native ground cover shall not be permitted to spread into
permanently protected natural resource areas. Clearance of understory
growth shall be permitted.
2.
Permitted as a conditional use (all permanently protected natural
resource areas except wetlands):
a.
Only disturbance associated with the care of native vegetation
is permitted, with the exception of a twenty-foot wide access path
which may be cleared for passive recreation purposes.
b.
Each property abutting a natural resource area shall be limited
to one such access path.
c.
Non-native vegetation (such as domestic lawn grasses) shall
not be introduced into natural resource areas beyond said twenty-foot
wide access path.
(f)
Golf course.
1.
Permitted as a conditional use (all permanently protected natural
resource areas):
a.
Only disturbance associated with the care of native vegetation is
permitted. Natural resource areas which are located within or adjacent
to golf play areas shall be incorporated into the course design as
out-of-bounds play hazards, and shall be maintained in their natural
state.
(g)
Any permitted temporary use.
1.
Permitted as a special use: (other permanently protected green
space areas).
a.
Activity shall in no manner encroach upon permanently protected natural resources areas. Party securing the temporary use permit shall be responsible for restoring all such natural resource areas to an undamaged state, or shall be considered in violation of the provisions of this chapter. (See § 13-4-906.)
2.
Permitted as a conditional use: not applicable.
(i)
Filling.
1.
Permitted as a special use: not applicable.
2.
Permitted as a conditional use (all permanently protected green
space areas):
a.
Filling in the floodway shall be done only as required by a
necessary road, bridge, utility, or other infrastructure facility
which has been deemed necessary by the Department of Public Works.
b.
Natural vegetation shall be restored in disturbed areas.
c.
In no instance shall filling raise the base flood elevation.
(j)
Road and/or bridge.
1.
Permitted as a special use: not applicable.
2.
Permitted as a conditional use (all permanently protected green
space areas):
a.
May locate in or across a natural resource areas only in conjunction
with a boat landing, or when deemed essential by the Department of
Public Works.
b.
May locate in other permanently protected green space areas
if designed to provide an essential service to an activity area located
within the green space area which cannot be efficiently reached from
another point.
c.
In general, road networks shall be designed to circumvent permanently
protected green space areas, thereby eliminating the need for intrusions
and crossings.
(k)
Utility lines and related facilities.
1.
Permitted as a special use: not applicable.
2.
Permitted as a conditional use (all permanently protected green
space areas):
a.
May locate in or across a natural resource areas only when deemed
essential by the Department of Public Works.
b.
May locate in other permanently protected green space areas
if designed to provide an essential service to an activity area located
within the green space area which cannot be efficiently reached from
another point.
c.
In general, utility lines shall be designed to circumvent permanently
protected green space areas, thereby eliminating the need for intrusions
and crossings.
(1)
Definition. A nonconforming use is an active and actual use of land or structures, or both; legally established prior to the effective date of this Title or subsequent applicable amendment thereto which has continued the same use to the present, and which would not be permitted under the current terms of this Title. The definition under the provisions of this section do not apply to § 13-3-503 of Article D of Chapter 13-3 of the City of Delavan Zoning Ordinance for Natural Resources Protection.
(2)
Continuance of a nonconforming use. Any nonconforming use lawfully existing upon the effective date of this Title may be continued at the size and in a manner of operation existing upon such date, except as specified in this section. Any legal use under the previous Zoning Ordinance which is made nonconforming by this Title shall be considered a legal use with the granting of a conditional use permit by the Common Council. Any legal use under the previous zoning map which is made nonconforming by a change to the official zoning map may apply for a zoning map amendment (per § 13-4-903) to an appropriate zoning district to be granted legal conforming use status.
(3)
Modification of a nonconforming use:
(a)
Except as permitted in Subsection (3)(b), below, a nonconforming
use shall not be expanded, or changed to another nonconforming use;
unless such modification would make the nonconforming use have a more
desirable effect in terms of implementing the purpose of this Title
(as determined by the Zoning Administrator). If such a modification
occurs, said use shall not be modified back to the original nonconforming
use, or to any other nonconforming use which does not better accomplish
the purpose of this Title.
(b)
A nonconforming nonresidential use which is not served by public sanitary sewer and/or public water may be permitted to expand without being served by public sanitary sewer and/or public water if said facilities are not available within 1,000 feet of the subject property, and upon the granting of a conditional use permit per the requirements of § 13-4-905.
(4)
Discontinuance of a nonconforming use. When any nonconforming
use of any structure or land is discontinued for a period of 12 months,
or is changed into a conforming use, any future use of said structure
or land shall be in complete conformity with the provisions of this
Title.
(5)
Maintenance of a nonconforming use. The normal maintenance of
a structure or land containing or related to a nonconforming use is
permitted, including necessary repairs and incidental alterations
which do not exacerbate the adverse impacts of the nonconforming use
in relation to the purpose of this Title. In no instance shall said
repairs exceed over the life of the structure, 50% of the present
equalized assessed value of said structure or property prior to said
repairs.
(7)
Wetland nonconforming uses. Notwithstanding § 62.23(7)(h)
of the Wisconsin Statutes, the repair, reconstruction, renovating,
remodeling or expansion of a legal nonconforming structure in existence
at the time of adoption or subsequent amendment of this chapter adopted
pursuant to § 62.231 of the Wisconsin Statutes, or of an
environmental control facility in existence on May 7 1982, related
to that structure, is permitted pursuant to § 62.231(5)
of the Wisconsin Statutes. Section 62.23(7)(h), however, applies to
any environmental control facility that was not in existence on May
7, 1982, but was in existence on the effective date of this chapter
or amendment.
(8)
Conversion of legal, nonconforming uses to a conditional use.
Upon petition of the property owner, the City Council may approve,
as a conditional use, a change of a legal, nonconforming use to a
conditional use provided the City Council determines that the proposed
conditional use would result in no greater degree of nonconformity
than existed prior to said approval, and subject to such other conditions
as the City Council may impose in order to reduce the impact of said
use on adjoining property owners or on the City of Delavan or such
other conditions as the City Council may deem necessary in order to
fulfill the intent and purpose of the City of Delavan Zoning Ordinance.
(1)
Definition. A group development is any development containing
two or more structures containing principal land uses (as listed in
Table 13-3-203) on the same lot, and/or any single structure on a
single lot which contains five or more dwelling units or two or more
nonresidential uses. Common examples of group developments include
six-unit apartment buildings, apartment complexes, condominium complexes,
shopping centers, and office centers. (One-building office structures,
one-building commercial strip centers, four-unit apartment buildings,
and other land uses in which each lot contains only one structure
and where each residential building contains four or fewer dwelling
units, are not group developments, even though such developments may
contain parcels under common ownership.)
(2)
Regulation of group developments. Group developments are permitted as conditional uses in all zoning districts. Any land use which is permitted within the applicable zoning district(s) is permitted to locate within a group development. The land use regulations of this section, as well as § 13-3-206 and all other applicable provisions of this Title shall apply to the group development. The requirements of § 13-4-905 shall apply to the review of proposals for group developments.
(3)
Specific development standards for group developments.
(a)
All required off-street parking spaces and access drives shall
be located entirely within the boundaries of the group development.
(b)
Each individual land use shall have a rear or side entrance
that is accessible to a loading or service drive. Said service drive
shall have a minimum width of 26 feet. Said service drive shall not
be part of the vehicle circulation network used by customers.
(c)
The development shall contain a sufficient number of waste bins
to accommodate all trash and waste generated by the land uses in a
convenient manner.
(d)
All development located within a group development shall be
located so as to comply with the intent of this Title regarding setbacks
of structures and buildings from lot lines. As such, individual principal
and accessory structures and buildings located within group developments
shall be situated within building envelopes which serve to demonstrate
complete compliance with said intent. Said building envelopes shall
be depicted on the site plan required for review of group developments.
The use of this approach to designing group developments will also
ensure the facilitation of subdividing group developments in the future,
(if such action is so desired).
(4)
Discrimination against condominium forms of ownership. It is
not the intent of this section, nor any other provision of this Title,
to discriminate against condominium forms of ownership in any manner
which conflicts with Wisconsin Statutes 703.27. As such, the provisions
of this section are designed to ensure that condominium forms of ownership
are subject to the same standards and procedures of review and development
as other physically identical forms of development.