Town of Eagle

Accessory building, nonresidential

A detached building intended to house motor vehicles, yard equipment, and/or items directly related to the principal use of the premises.

Accessory building, residential

A detached building customarily found with a residential use as an accessory use. The term includes greenhouses (noncommercial), detached garages, sheds, gazebos, pool cabanas, and the like.

Districts Where Allowed Permitted by Right: A-P, R-1, RR, UC

Supplemental Standards:

(a) Number and floor area. The number of residential accessory buildings and the floor area must comply with standards set forth in Appendix C.

(b) Exterior materials. Exterior materials for a residential accessory building with a floor area of more than 192 square feet (but not greenhouses) shall be the same as, substantially the same as, or complement those materials used on the principal building.
(c) Prohibition on specific materials. Soft-sided structures and canopies are specifically prohibited, except a greenhouse may be covered with exterior materials typically used for greenhouses.
(d) Rooflines. The roof lines of a residential accessory building with a floor area of more than 192 square feet (but not greenhouses) shall match the roof lines of the principal building to the greatest practical extent.
(e) Plumbing fixtures. A residential accessory building may include a single compartment bar sink and a half bath (e.g., sink and toilet). A pool house may include a stand-up shower provided access to the shower is via an exterior door.
(f) Use. The property owner or the occupant of the dwelling unit may rent or lease no more than 300 feet of a residential garage to a person not residing on the property, provided such area is not needed to satisfy on-site parking requirements.

Administrative government center

A place where government employees perform administrative functions on behalf of the public. The term includes administrative offices, post offices, and courthouses.

Districts Where Allowed Permitted by Right: B-2, B-4, P-1 Districts Allowed as a Conditional Use: A-P, B-1, M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Special provisions in AP district. When located in the AP zoning district, an administrative government center shall also comply with the requirements set forth in s. 500.226.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Administrative services

A place where employees primarily perform administrative functions and where customers are infrequent. The term includes data processing centers, customer service centers via telecommunications, architectural firms, and engineering firms.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1 Districts Allowed as a Conditional Use: B-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Adult family home

A place licensed by the state under s. 50.033(1m), Wis. Stats.

Commentary: An adult family home can either be a principal use or an accessory use. If the operator does not live in the residence with the adults, it is considered a principal use. If the operator lives with the residents, it is an accessory use (Series 18).

Districts Where Allowed Permitted by Right: A-P, R-1, RR, UC

Vehicle Parking:
1 space for each 2 adults the facility is licensed by the state to accommodate; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) An adult family home described in s. 50.01(l)(b), Wis. Stats., shall not be established within 2,500 feet of another such facility or any community living arrangement. An agent of a proposed adult family home may apply for an exception to this requirement, and the town board at its discretion may grant the exception. ^[1]An adult family home certified under s. 50.032(1m)(b), Wis. Stats., is exempt from this provision. ^[2]

(b) Special provisions in AP district. when located in the AP zoning district, an adult family home with more than 8 residents must also comply with the requirements set forth in s. 60.63(5), Wis. Stats.
[1] See s. 56.69(15)(br)(1), Wis. Stats.
[2] See s. 56.69(15)(br)(1), Wis. Stats.

Adult family home (accessory)

A private residence licensed by the state under s. 50.032 (1m), Wis. Stats.

Commentary: An adult family home can either be a principal use or an accessory use. If the operator does not live in the residence with the adults, it is considered a principal use (Series 5). If the operator lives with the residents, it is an accessory use.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Licensing. Prior to the establishment of an adult family home, the operator shall obtain a license from the state as required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(b) Special provisions for the A-P district. when located in the A-P zoning district, an adult family home with more than 8 residents must also comply with the requirements set forth in s. 60.63(5), Wis. Stats.

Adult-oriented establishment

A place where no more than one of the following are located: adult arcade, adult bath house, adult body painting studio, adult book/video store, adult cabaret, adult massage parlor, adult modeling studio, or adult theater.

Districts Where Allowed Permitted by Right: M-1, M-2, Q-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Legislative findings. The town board makes the following legislative findings regarding adult-oriented establishments:

(1) Negative secondary effects associated with adult, sexually-oriented establishments have been confirmed by the United States Supreme Court in its decisions in, for example, City of Renton v. Playtime Theatres, Inc. (475 U.S. 41 (1986)) and by the United States Court of Appeals in its decisions in, for example, Hang On, Inc. v. City of Arlington (65 F.3d 1248 (S1 h Cir., 1995)), Fantasy Ranch v. City of Arlington Texas (459 F.3d 546 (5th Circuit, 2006)), and Andy's Restaurant & Lounge, Inc. v. City of Gary (466 F.3d 550 (7th Cir., 2006)) and such negative secondary effects include, for example, personal and property crimes, prostitution, lewd behavior, assault, public indecency, obscenity, illicit drug use and drug trafficking, potential spread of disease, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation.
(2) The decisions issued by the appellate courts constitute reliable sources of information that may be reasonably relied upon by the Town Board.
(3) Each of the foregoing negative secondary effects constitutes a harm that the Town has a substantial governmental interest in preventing and/or abating.
(4) Continued regulation of adult-oriented establishments is necessary to limit the aforementioned negative secondary effects associated with adult-oriented establishments and thereby promote the health, safety, and welfare of the Town of Eagle.
(5) The Town Board intends, via this chapter, to establish reasonable regulations on adult-oriented establishments, while preserving free speech pursuant to the First Amendment to the United States Constitution and Article I, Section 3 of the Wisconsin Constitution.

(b) Purpose. This part is intended to regulate adult-oriented establishments in order to promote the health, safety, and general welfare of citizens of the town, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of adult-oriented establishments within the town. The provisions of this part have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually-oriented materials. Similarly, it is neither the intent nor effect of this part to restrict or deny access by adults to sexually-oriented materials protected by the First Amendment of the United States Constitution, or to deny access by the distributors and exhibitors of adult-oriented entertainment to their intended market. Neither is it the intent nor effect of this part to condone or legitimize the distribution of obscene material.
(c) Applicability. Upon any of the following events, an adult-oriented establishment shall comply with the provisions of this part:

(1) the opening or commencement of an adult-oriented establishment;
(2) the conversion of an existing business, whether or not a adult-oriented establishment, to an adult-oriented establishment;
(3) the addition of a new adult-oriented establishment to an existing adult-oriented establishment;
(4) the relocation of an adult-oriented establishment;
(5) the sale, lease, or sublease of an adult-oriented establishment;
(6) the transfer of securities which constitute a controlling interest in an adult-oriented establishment, whether by sale, exchange, or similar means; or
(7) the establishment of a trust, gift, or other similar legal device that transfers the ownership or control of an adult-oriented establishment, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(d) Exclusions. This part relating to adult-oriented establishments does not apply to the following:

(1) Any business operated by or employing a licensed psychologist, licensed physical therapist, licensed masseuse, licensed vocational nurse, registered nurse, licensed athletic trainer, licensed cosmetologist, or licensed barber provided such licensed individual is only engaged in performing the normal and customary functions authorized under the license held.
(2) Any business operated by, or employing a licensed physician or licensed chiropractor while engaged in practicing the healing arts.
(3) Any retail establishment whose principal business is the offering of wearing apparel for sale to customers and that does not exhibit merchandise on live model(s).
(4) An activity sponsored by a school licensed by the State of Wisconsin or a college, junior college or university supported entirely or partly by taxation; or a private college or university that maintains or operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.

Any activity conducted or sponsored by an entity identified in subsection (d)(4) above must meet all of the following requirements:

(1) the activity must be situated in a structure that has no sign or other advertising visible from the exterior of the structure indicating a nude person is available for viewing; and
(2) all students participating in the class must be enrolled at least 3 days in advance of the class; and
(3) no more than one (1) nude model is on the premises at any one time.

(e) Licensing. Adult-oriented establishments shall comply with any licensing requirements established by the Town of Eagle.
(f) Proximity to another adult-oriented establishment. An adult-oriented establishment shall not be located within 1,000 feet of another adult-oriented establishment.
(g) Proximity to specified zoning districts. An adult-oriented establishment shall not be located within 1,000 feet of a P-1 zoning district, a residential zoning district, or a planned development district that allows residential uses.
(h) Proximity to other specified land uses. An adult-oriented establishment shall not be located within 1,000 feet of any of the following:

(1) public library;
(2) public playground or park, including nature trails, pedestrian/bicycle paths, wilderness areas, or other public lands open for recreational activities;
(3) educational facility, including K-12 and post-secondary, but not including facilities used primarily for another purpose and used only incidentally by a school;
(4) state licensed family day care home, group day care home, or day care center;
(5) worship facility;
(6) any youth-oriented establishment; or
(7) any structure housing an establishment that holds a valid alcohol beverage license.

If one of these specified uses locates within this area of separation after the adult-oriented establishment has been granted a building permit or occupancy permit, the adult-oriented establishment shall not be required to relocate. This provision only applies to a renewal of a valid permit or other license. It does not apply when a license or permit expires or when the town terminates this use due to a violation of this code.
(i) Measurement of distances. For the purpose of this part, specified distances are measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure containing the adult-oriented establishment, to the nearest lot line of the parcel with the specified use or to the specified zoning district. If an adult-oriented establishment is located on the first floor of a multi-tenant building (e.g., shopping center), the measurement shall be taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the outer wall). If an adult-oriented establishment is located above the first floor of a multi-tenant building (e.g., shopping center), the measurement shall be taken from the exterior door on the first floor that is nearest to the adult-oriented establishment, excluding emergency exists. The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of applying the separation requirements of this part.
(j) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(k) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Agriculture (35 acres or less)

A place where nursery stock, trees, sod, fruit, vegetables, flowers, agricultural crops and forage, and other plants are primarily grown for commercial purposes and/or livestock is raised primarily for commercial purposes. Buildings and other structures necessary for the operation are allowed. The term does not include commercial stables, household livestock, and backyard chickens.

Districts Where Allowed Permitted by Right: RR, UC

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Number of animals. The number of animals shall not exceed one grazing animal for each full acre plus 10 fowl for each acre.
(b) Location of new buildings. A building that houses domestic livestock, poultry, or horses shall not be located within a floodplain or closer than 50 feet to any existing dwelling unit or any lot line.
(c) Animals not allowed. The keeping of hogs, intact male goats, roosters, or fur-bearing animals, other than rabbits, is prohibited.
(d) Fencing. Any area where poultry, domestic livestock, or horses are allowed to pasture or run shall be adequately fenced to keep them confined to such area.

Agriculture (more than 35 acres)

A place where nursery stock, trees, sod, fruit, vegetables, flowers, agricultural crops and forage, and other plants are primarily grown for commercial purposes and/or livestock is raised primarily for commercial purposes. Buildings and other structures necessary for the operation are allowed. The term does not include commercial stables.

Districts Where Allowed Permitted by Right: RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Number of animals. The number of livestock shall not exceed 499.
(b) Location of new buildings. A building that houses domestic livestock, poultry, or horses shall not be located within a floodplain or closer than 50 feet to any existing dwelling unit or any lot line.
(c) Fencing. Any area where poultry, domestic livestock, or horses are allowed to pasture or run shall be adequately fenced to keep them confined to such area.

Agriculture related use

A place primarily involved in (1) providing agricultural supplies, agricultural equipment, agricultural inputs, or agricultural services; (2) storing, processing, or handling raw agricultural commodities; (3) slaughtering livestock; (4) marketing livestock; and/or (5) processing agricultural byproducts or wastes. Examples include (1) a grain warehouse, potato warehouse, or other warehouse that stores raw agricultural commodities received from farms; (2) a dairy plant that processes or handles milk from farms; (3) a meat slaughter establishment; (4) a food processing plant that processes raw agricultural commodities received from farms; (5) a feed mill or rendering plant that processes raw agricultural commodities or agricultural by-products received directly from farms, or supplies animal feed directly to farms; (6) a communal manure digester, pelletizing plant, or other facility that processes raw agricultural commodities, agricultural by-products or agricultural wastes (received directly from farms) to produce fuel or other products; (7) a sawmill or other facility that processes wood or other forest products received directly from farms; (8) a facility that provides farm inputs such as fertilizer, pesticides, seed, or feed directly to farms; and (9) a facility that is primarily engaged in providing agronomic or veterinary services to farms. The term also includes any other use that the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) has identified by rule as an agriculture related use. The term does not include a sawmill, an ethanol plant, or a bio-diesel plant.

Districts Where Allowed Permitted by Right: M-1 Districts Allowed as a Conditional Use: A-P, M-2

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Generally. Such use shall not be located in, or adjacent to, an existing or platted residential subdivision. If such use is established prior to March 28, 2017, the adjoining lands may be platted for residential subdivisions after that date.
(b) Long-term use. This use shall be located in an area that is anticipated to remain commercially viable for agricultural land uses over the long term.
(c) Offsets. All buildings, structures, and outdoor storage areas shall be located at least 100 feet from all side and rear lot lines.
(d) Special provisions in AP district. when located in the AP zoning district, an agriculture related use shall also comply with the requirements set forth in s. 500.226.
(e) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Agriculture, crop

A place where nursery stock, trees, sod, fruit, vegetables, flowers, agricultural crops and forage, and other plants typically grown by agricultural operations in the region are grown.

Agriculture, general

A place where nursery stock, trees, sod, fruit, vegetables, flowers, agricultural crops and forage, and other plants are primarily grown for commercial purposes and/or animals, but not exceeding 500 animal units, are raised primarily for commercial purposes. Buildings and other structures necessary for the operation are allowed. The term does not include commercial stables.

Agriculture, intensive

An agricultural operation where animals (500 animal units or more) are kept for commercial purposes and where agricultural crops and forage may be raised as well.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Legislative findings. The town board makes the following legislative findings regarding livestock facilities:

(1) The state legislature adopted s. 93.90, Wis. Stats., (Livestock Facility Siting Law) to govern livestock facilities, which is implemented by administrative rule under ch. ATCP 51, Wis. Admin. Code.
(2) The Livestock Siting Law gives local jurisdictions the authority to review livestock facilities with 500 animal units or more as a conditional use.

(b) Minimum lot area. The facility shall only occur on a parcel of land that is 40 acres or larger. Once this use is established, the parcel shall not be made smaller through a lot line relocation or other means, except as may be approved by the Town Board as a special exception consistent with the procedures and requirements in article 6.
(c) Road access. The primary access to the facility shall be off of a road classified as a major road as depicted on the adopted zoning map.
(d) Location of livestock structures, except livestock waste storage structures. A livestock structure approved after March 28, 2017, except livestock waste storage structures, shall comply with the standards in the following table based on the number of animal units associated with the facility.

General siting standards
Facility Size	Minimum Distance to a Lot Line, Other Than a Public Road Right-of-Way	Minimum Distance to a Public Road Right-of-Way
Less than 1,000 animal units	100 feet	100 feet
1,000 animal units or more	200 feet	150 feet

(e) Location of livestock waste storage structures. A livestock waste storage structure approved after March 28, 2017, shall be located at least 350 feet from a property boundary. If any portion of an existing structure is closer than 350 feet from a lot line, such structure may be expanded, provided the expansion is not located any closer to the lot line than the existing structure. A single new livestock waste storage structure may be constructed closer than 350 feet if such structure (1) is located on the same tax parcel as a livestock waste storage structure in existence before May 1, 2006, (2) is not larger than the existing structure, (3) is no further than 50 feet from the existing structure, and (4) is no closer to the lot line than the existing structure. An existing structure that does not meet the setback standards in this part may be expanded provided such expansion is not located any closer to the lot line than the existing structure.
(f) Wells. All water wells located within a livestock facility shall comply with chs. NR 811 and 812, Wis. Admin. Code. New or substantially altered livestock structures shall be separated from existing wells by the distances required in chs. NR 811 and 812, Wis. Admin. Code, regardless of whether the livestock facility operator owns the land on which the wells are located. A livestock structure in existence on May 1, 2006 may be altered as long as the alteration does not reduce the distance between the livestock structure and an existing well.
(Note: The above-mentioned administrative rules include standards for water well construction and placement.)
(g) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Agro-ecology center

A facility designed for the purpose of providing training in the techniques of agro-ecology, sustainable agricultural systems, and similar disciplines. An agro-ecology center generally conducts (theoretical and applied) research and community outreach while offering academic education, practical experience/training, and public service/instruction opportunities for audiences ranging from local school children to international agencies. Such a facility may provide meals and overnight lodging facilities for faculty, staff, and/or students/apprentices.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Minimum lot size. The minimum lot size for an agro-ecology center is 40 acres.
(b) Limitation on guest rooms. An agro-ecology center is limited to a maximum of 20 guest rooms.
(c) Limitations on other uses. A property with an agro-ecology center shall not include any other type of overnight accommodation.
(d) Proximity. A building housing guest rooms shall not be located closer than 150 feet to any perimeter boundary line and in no case located closer than 300 feet to an existing dwelling on an adjoining parcel of land.
(e) Parking areas. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(f) Buildings. Any building associated with an agro-ecology center shall not be located in a C-1 district.
(g) Special provisions in AP district. When located in the AP zoning district, an agro-ecology center must also comply with the requirements set forth in s. 500.226.
(h) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Amateur radio and/or citizens band antenna

An antenna and related support structure used to send and receive telecommunications for noncommercial purposes.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, M-1, M-2, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Legislative findings. The town board makes the following legislative findings regarding amateur radio antennas:

(1) The placement of amateur radio antennas and support structure of unregulated height and type could have a negative impact on surrounding properties and especially on the smallest of lots allowed in the town.
(2) Pursuant to s. 59.69(4f), Wis. Stats., the regulations in this part constitute the least restrictive measures needed to promote community aesthetics, public health, and safety while allowing amateur radio communications.

(b) Number. Antennas shall be placed on no more than 2 support structures, such as a tower or on top of a building.
(c) Type of tower. An antenna may be placed on a monopole or lattice tower.
(d) Anti-climbing measures required. If a tower is used to support the antenna, the tower shall have anti‑climbing measures to prevent unauthorized climbing.
(e) Setback. An antenna shall not be located in a front yard.
(f) Setback requirements. The center of the antenna shall be no closer than 110 percent of the total height of the antenna to a lot line and overhead electric lines.

Artisan shop

A place where handmade craft items or works of art are made on a small-scale and offered for retail sale. Examples of such items include paintings, textiles, photography, sculptures, pottery, leather products, handmade paper, jewelry, hand-blown glass, small wooden items, candles, soaps, and lotions.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4, M-1 Districts Allowed as a Conditional Use: M-2

Vehicle Parking:
1 space for each 300 square feet of display area; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Outdoor storage and activities. When an artisan shop is located in a business zoning district, all materials and activities, except loading and unloading, shall be conducted entirely within the confines of a building.
(b) Hours of operation. When allowed as a conditional use, the retail part of the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Backyard chickens

A place where chickens are kept for the use and enjoyment of those living on the premises, but not for commercial purposes. The sale of a chicken as part of a 4-H or similar educational project shall not be considered a commercial purpose.

Note: Also see household livestock in this Series, allowed on parcels that are 3 acres and larger.

Districts Where Allowed Permitted by Right: A-P, M-1, M-2, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Number. No more than 4 chickens may be kept.
(b) Roosters. The keeping of roosters is prohibited.
(c) Enclosure requirements. Chickens shall be provided with a covered enclosure and must be kept in the covered enclosure or a fenced enclosure at all times.
(d) Setback requirements. The enclosure housing chickens shall be located at least 25 feet from any residential structure on an adjacent lot.
(e) Registration required. The owner, operator, or tenant shall register the premise where chickens are kept with the Wisconsin Department of Agriculture, Trade and Consumer Protection as required by state law and maintain such registration for so long as may be required.
(f) Status as a building. One free-standing chicken coop with a roof not exceeding 48 square feet shall not be counted as an accessory building.

Bed and breakfast

A single-family residence that offers overnight accommodations for a daily charge and that also serves as a primary residence of the operator or owner.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
1 space for each guest room

Supplemental Standards:
(a) State license. Prior to the establishment of a bed and breakfast, the operator shall obtain a license from the state as may be required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(b) Type of dwelling. A bed and breakfast shall only occur within a single-family dwelling.
(c) Number of allowable guest rooms. No more than 5 guest rooms shall be offered.
(d) Residency requirement. The operator of a bed and breakfast shall reside within the single-family dwelling during the time period when rooms are offered.
(e) Exterior character of the dwelling unit. The exterior appearance of the building shall not be altered from its single-family appearance.
(f) Food preparation. No food preparation or cooking shall be allowed in guest rooms.
(g) Meals. Meals shall only be offered to overnight guests.
(h) Maximum stay. The maximum stay for any occupants shall be 14 consecutive days.
(i) Record of guests. The operator shall keep a listing showing the names of all guests. This list shall be kept on file for a period of one year. Such list shall be available for inspection by town officials at any time upon request.
(j) Signage. One exterior advertising sign may be placed on the premises. The sign location, type, and size must be approved as part of the site plan review process.
(k) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Berm

A mound or embankment of earth typically installed to provide screening or for aesthetic effect that is more than 3 feet above the surrounding grade.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, M-1, M-2, P-1, Q-1, R-1, RR, T-1, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Materials. A berm shall be made of soil. Construction debris, concrete, asphalt, and other such materials are prohibited.
(b) Form. A berm shall be graded to appear as a curvilinear naturalistic form.
(c) Side slope. In order to facilitate maintenance and efficient irrigation water usage, a berm shall not exceed a slope of 3:1 (i.e., for every 3 feet of horizontal run the vertical height is one foot).
(d) Crest. A berm that is more than 4 feet above the surrounding grade shall have a flat top at least 4 feet in width.
(e) Maximum height. The maximum height of a berm is 6 feet, except the Town Board, upon a recommendation from the Plan Commission, may allow a height exceeding that standard via a site plan or other development review process.
(f) Stabilization. A berm shall be covered with turf or mulch along with landscape plant materials as desired or as may be required in this chapter.
(g) Effect on stormwater flow. A berm shall not be designed or placed so as to divert the normal flow of stormwater to the detriment of surrounding properties.
(h) Placement with respect to existing trees and shrubs. No portion of a berm shall be placed within the critical root zone (1.5 feet for every diameter inch) of an existing tree.
(i) Placement within vision triangle. Placement of a berm within a vision triangle shall be consistent with the standards in s. 500.562.
(j) Placement by roads. The edge of the berm shall be at least 10 feet from a road right-of-way.
(k) Prohibited locations. Berms shall not be placed in drainageways, floodplains, wetlands, or in the C-1 district.
(l) Fences. A fence shall not be installed on any part of a berm.
(m) Deadline for completion. An approved berm shall be completed, including any landscaping, within 12 months of the date of the issuance of the approval.
(n) Change in topography. Any berm meeting the definition of a change in topography shall be reviewed as such.

Bird hunting preserve

A place where game birds are released into the wild for commercial hunting purposes.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, C-1, Q-1

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Minimum lot area. The minimum lot area for bird hunting preserve is 60 acres. The acreage of adjoining parcels, which are part of a single farm entity as determined by the Town Board, may be combined for the purpose of meeting the minimum lot size requirements.
(b) Other approvals. The operator shall obtain and maintain all approvals as may be required by the state of Wisconsin.
(c) Location of hunting areas. Areas open to hunting shall be located and configured so as to minimize potential conflicts with surrounding properties
(d) Parking. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(e) Buildings. Any building associated with a bird hunting preserve shall not be located in a C-1 district.
(f) Special provisions in AP district. When located in the AP zoning district, a bird-hunting preserve must also comply with the requirements set forth in s. 500.226.
(g) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Body-piercing establishment

A place where a body piercer performs body piercing.

Districts Where Allowed Districts Allowed as a Conditional Use: B-2, B-4, M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Locational standards. A body-piercing establishment shall not be located within 600 feet of another body-piercing establishment or a tattoo establishment. For the purpose of this part, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the body-piercing establishment to the outer wall of the building containing the other specified land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement shall be taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the exterior wall). The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of applying the separation requirements of this part.
(b) Sale of alcohol. A body-piercing establishment shall not also sell, distribute, or allow consumption of alcoholic beverages on the premises.
(c) Building standards. A patron who is being pierced shall not be visible from the exterior of the building through a window or entrance to the building.
(d) State license. Prior to the establishment of a body-piercing establishment, the operator shall obtain a license from the state as required by state law and maintain such license for the life of the use or until the state no longer requires such license. In addition, each practitioner shall obtain a license from the state as required by state law and maintain such license while at the establishment or until the state no longer requires such license.
(e) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Brewpub

A place where fermented malt beverages are manufactured and those beverages, along with other beverages and food, are offered for retail sale and on-site consumption.

Districts Where Allowed Permitted by Right: B-2, B-4 Districts Allowed as a Conditional Use: B-1, M-1

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of gross floor area devoted to patron service, whichever is greater, plus 1 for each employee on largest work shift

Supplemental Standards:
(a) Lot requirements. The minimum lot area shall be one acre with at least 150 feet in minimum average width.
(b) Special dimensional standards. The building housing this principal use shall be no closer than 50 feet to an agricultural or residential zoning district.
(c) On-site parking. On-site parking shall be provided within 200 feet of the building housing this principal use. No portion of the parking area shall be located closer than 20 feet to a parcel in any agricultural or residential zoning district.
(d) Local license. Prior to the establishment of a brewpub, the operator shall obtain a license from the county, as may be required, and maintain such license for the life of the use or until the county no longer requires such license.
(e) State license. Prior to the establishment of a brewpub, the operator shall obtain a license from the state, as may be required, and maintain such license for the life of the use or until the state no longer requires such license.
(f) Limitation on floor area devoted to production. No more than 40 percent of the floor area shall be devoted to the production of fermented malt beverages, including storage of raw materials and finished products.
(g) Limitation on production. Not more than 10,000 barrels (310,000 gallons) of fermented malt beverages may be manufactured in a calendar year.
(h) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Bulk fuel storage

A place where liquid or compressed fuel products may be stored in bulk.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Additional standards. The town may impose standards relating to the placement of storage tanks on the subject property so as to safeguard the public health, safety, and welfare.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Bus parking

The parking of a school bus on a residential parcel overnight as an accessory use.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Ownership. The school bus shall be operated by an occupant of the premises. The school bus may be owned or leased by the occupant of the premises or owned or leased by a business for which the occupant of the premises is an employee or is otherwise contracted to provide such services.
(b) Vehicle requirements. The school bus shall be licensed by the state of Wisconsin and fully operational.
(c) Road access. The parcel shall front on and have access to a major road as depicted on the adopted zoning map.
(d) On-site movement. The school bus operator must be able to turn the school bus around on the premises so that it is not backed into the road or backed into the driveway. This standard does not obligate the jurisdiction with access control over the roadway to permit more than one access point to meet this requirement.
(e) Number. No more than one (1) school bus shall be allowed to be parked or stored on the occupant's property.
(f) Location. A school bus shall not be parked or stored in the front yard or closer than 50 feet to any adjacent lot line nor closer than 100 feet to the base setback line.
(g) Limitations when not in use. The bus shall not be parked or stored on the occupant’s property when school is not in session for 4 or more consecutive days (e.g., over Christmas vacation or summer break).
(h) Periodic review. The conditional use permit shall be reviewed every 2 years by the Town Board in order to determine conformance with the terms of the permit and its compatibility with the adjacent land uses. Failure to conduct such review shall not invalidate any subsequent review or any enforcement proceeding. If it is determined that the conditional use permit is no longer compatible, or that the provisions of the permit have not been complied with, the conditional use permit may be revoked or amended in accordance with the procedures set forth in this chapter.
(i) Special provisions in AP district. When located in the AP zoning district, bus parking must also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(j) Not in a subdivision. This use may not be located within a platted residential subdivision.
(k) Single use. If an owner is approved for this use, the owner may not also obtain approval for commercial truck parking as may be allowed under this code.
(l) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Bus storage facility

A place where buses are parked when not in use and may include administrative offices and a building for the storage, care, and maintenance of buses in the fleet.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-2, B-4, P-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Outdoor storage. Outdoor storage areas and other activity areas shall be located at least 50 feet from a parcel in a residential zoning district and 20 feet from a parcel in a business zoning district.
(b) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed to the satisfaction of the reviewing authority.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Campground

A place where members of the general public may set up tents, campers and trailers of all types, and recreational vehicles for camping and sleeping purposes. Accessory uses may include individual cabins, a dwelling unit for the manager of the campground, and one or more buildings to house a laundromat and retail sales for the convenience of campground guests, an office, maintenance equipment, supplies, and related materials.

Districts Where Allowed Permitted by Right: P-1

Vehicle Parking:
1 space at each camping space; plus 1 space at the office, if one is provided, for each 15 camping spaces

Supplemental Standards:
(a) Minimum lot size. The minimum lot size for a campground is 20 acres.
(b) Continuing maintenance. The owner of the campground shall maintain the campground in a clean and sanitary manner.
(c) Accessory facilities. Accessory facilities (e.g., laundry and food sales) may be allowed as a service to the occupants of the campground but shall be designed, operated, and located to inhibit use by nonoccupants.
(d) Density. The density shall not exceed 2.5 campground spaces per acre (gross).
(e) Access. Campground spaces shall be arranged to permit the safe and practical placement and removal of vehicles from a private roadway internal to the development.
(f) Setbacks from lot line. A campground space shall be no closer than 40 feet to the perimeter lot line of the site.
(g) Solid waste collection. An off-street area for the collection of solid waste (trash) shall be provided within a campground.
(h) Sanitation. Onsite wastewater treatment facilities must be shown on the approved site plan and must be located to minimize the impact to surrounding properties.
(i) Limitation on addition of features. Storage sheds, decks, patios, and similar structures, whether permanent or temporary, shall not be permitted within a camping space. Structural additions to a recreational vehicle, whether permanent or temporary, shall not be permitted.
(j) Emergency shelter. A campground with 8 or more camping spaces shall provide an on-site emergency shelter of sufficient size and construction for campers during a severe weather event.
(k) State license. Prior to the establishment of a campground, the operator shall obtain a license from the Wisconsin Department of Health and Family Services as required by state law and maintain such license for the life of the use or until the state no longer requires such license.

Amendment(s): Ordinance 2023-01

Cemetery

A place where human remains may be buried or interned. Accessory uses may include columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundaries of such area.

Districts Where Allowed Permitted by Right: P-1

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Minimum size. A cemetery shall be at least 3 acres.
(b) Location of burial plots. Burial plots shall not be located within 20 feet of a public street right-of-way or a proposed right-of-way so designated on an adopted highway width map, in a designated floodplain, or in a wetland area, nor shall internment occur below the groundwater table.
(c) Marker required. A permanent marker stating the name of the deceased and the birth and death dates, if known, shall identify the location of each occupied burial plot unless the zoning administrator allows an unmarked grave due to exceptional circumstances.
(d) Casket required. The deceased shall be enclosed in a casket or other durable container or buried at a depth below the ground surface to prevent scavenging.
(e) Name required. The cemetery shall have a formal name, which shall be placed on a permanent sign located by the main entrance to the cemetery.
(f) Financial guarantee. Prior to the establishment of this use, the property owner shall submit a financial guarantee to the town, consistent with any requirement the town board may adopt. This financial guarantee shall relate to the long-term upkeep of the cemetery.

Civic use facility

A place where large gatherings of people may assemble for public purposes. The term includes zoos, arenas, stadiums, and fairgrounds.

Districts Where Allowed Permitted by Right: P-1 Districts Allowed as a Conditional Use: B-4, M-1

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Road access. The primary access to a civic use facility with 600 seats or more shall be off of a road classified as a major road as depicted on the adopted zoning map.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Commercial kennel

A place not qualifying as a private kennel or a hobby kennel where dogs, cats, or other domesticated animals are housed for the purpose of boarding, breeding, training, or sale. The term includes boarding kennels, dog motels, and dog training centers. The term does not include animal hospitals, animal grooming parlors, or pet shops.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Locational standards. Any building, other than one used specifically for residential purposes, that is used to house animals shall be at least 50 feet from a residential zoning district. Any outdoor area where animals may be kept shall be at least 100 feet from a residential zoning district.
(b) Special events. Special events related to a commercial kennel, such as dog shows, exhibitions, field trials, and contests may be held, provided such events are specifically allowed by town ordinance.
(c) Special provisions in AP district. When located in the AP zoning district, a commercial kennel shall also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(d) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Commercial stable

A place where horses, donkeys, and other similar domesticated animals are kept for boarding, instructional purposes, or hire on trail rides.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
1 space for every 4 stable stalls

Supplemental Standards:
(a) Minimum lot area. The minimum lot size for a commercial stable is 5 acres.
(b) Buildings. Nonresidential buildings and other structures, such as barns, stables, riding arenas, and sheds, necessary for the operation are allowed subject to all other requirements of this chapter.
(c) Location of new buildings. A building that houses livestock, shall not be located within a floodplain or closer than 50 feet to any lot line.
(d) Manure management. As part of the building, site, and operation plan review process, the handling and disposal of animal waste generated by a commercial stable shall be addressed.
(e) Number of animals. The number of animals shall not exceed one head of livestock for each acre.
(f) Special events. Special events related to a commercial stable, such as horse shows, exhibitions, and contests may be held, provided such events are specifically allowed by town ordinance.
(g) Special provisions in AP district. When located in the AP zoning district, a commercial stable shall also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(h) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(i) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Commercial truck parking

The parking and the storage of commercial type vehicles such as dump trucks, construction vehicles, and semi-trailers and tractors, and related equipment on a residential parcel as an accessory use.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Minimum lot size. The minimum lot size for commercial truck parking is 5 acres in the AP zoning district and 35 acres in the RR zoning district.
(b) Ownership requirements. All commercial motor vehicles and related equipment authorized under this part shall be owned and/or leased, and operated by the owner or occupant of the premises.
(c) Vehicle and equipment requirements. All commercial motor vehicles and related equipment authorized under this part shall be (1) licensed, if required by the state of Wisconsin or federal government; (2) fully operational; and (3) in active use.
(d) Road access. The parcel used for commercial truck parking shall front on and have direct access to a state highway or a county trunk highway.
(e) Number. In the AP zoning district, no more than one commercial motor vehicle shall be parked or stored on the premises and no more than two additional construction vehicles, such as backhoes, front end loaders, and grading equipment, shall be allowed. Where considered appropriate due to trailer height, length, or parking location, two trailers may be allowed, but in no case may there be more than one semi-tractor or “cab” unit. In the RR zoning district, no more than one commercial motor vehicle shall be parked or stored on the premises.
(f) Special dimensional standards. No such vehicle shall be allowed to be parked or stored closer than 50 feet to any adjacent lot line, and not closer than 100 feet from the base setback line. In the case of refrigerator trucks, the refrigeration unit may not be operated in the open if said truck is parked closer than 500 feet to the nearest neighboring residential property line.
(g) Periodic review. The conditional use permit should be reviewed by the Town Board at least every 2 years to determine whether the terms of the approval are being met and whether the use is still compatible with the adjacent land uses. The failure of the Town Board to review the conditional use as specified in this part shall not limit the authority of the Town Board to act as authorized. If the Town Board determines that the terms of the approval are not being met, the Town Board shall initiate enforcement proceedings to ensure compliance. If it is determined that the use is no longer compatible with adjacent land uses, the conditional use permit may be revoked in accordance with the revocation procedures in this code.
(h) Indoor storage. When allowed in the RR district, the commercial vehicle allowed under this part shall be kept inside of an enclosed building indoors from 10:00 pm to 6:00 am. Pursuant to the procedures and requirements in Article 6, the town board may approve a special exception to allow outdoor parking. The plan commission in making its recommendation and the town board in making its decision shall consider (1) the size of the subject property, (2) the location where the commercial vehicle would be kept, (3) the type of commercial vehicle being kept, (4) the extent to which the commercial vehicle would be visible from public and private streets and other properties in the area, (5) the character of the area, and (6) other factors related to relevant circumstances.
(i) Special provisions in AP district. When located in the AP zoning district, commercial truck parking must also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(j) Not in a subdivision. This use may not be located within a platted residential subdivision.
(k) Single use. If an owner is approved for this use, the owner may not also obtain approval for bus parking as may be allowed under this code.
(l) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Community center

A place where short-term and intermittent meetings or gatherings of individuals are held for purposes of sharing information, entertainment, social service, or similar activities. The term includes senior centers; neighborhood recreational centers; fraternal, social, or civic clubs; lodges; and union halls.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1, P-1 Districts Allowed as a Conditional Use: A-P, B-1

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Road access. The primary access to a community center with 600 seats or more shall be off of a road classified as a major road as depicted on the adopted zoning map.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 12:00 am (midnight) . The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Special provisions in AP district. When located in the AP zoning district, a community center shall also comply with the requirements set forth in s. 500.226.
(d) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Community cultural facility

A place where people may gather for studying, reading, personal education, or viewing the visual arts. The term includes libraries, museums, art galleries, and observatories. The term does not include performing arts.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1, P-1 Districts Allowed as a Conditional Use: B-1

Vehicle Parking:
1 space for each 250 square feet of gross floor area or 1 space for each 4 seats at maximum capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Road access. The primary access to a community cultural facility with 600 seats or more shall be off of a road classified as a major road as depicted on the adopted zoning map.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Community living arrangement, 8 or fewer residents

Any one of the following facilities with 8 or fewer residents (1) residential care centers for children and youth, as defined in s. 48.02(15d), Wis. Stats., operated by a child welfare agency licensed under s. 48.60, Wis. Stats.; (2) group homes for children, as defined in s. 48.02(7), Wis. Stats.; and (3) community-based residential facilities, as defined in s. 50.01(lg), Wis. Stats. The term does not include adult family homes, as defined in s. 50.01, Wis. Stats.

Districts Where Allowed Permitted by Right: A-P, R-1, RR, UC

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Proximity to another. A community living arrangement shall not be established within 2,500 feet of another such facility. An agent of a facility may apply for an exception to this requirement, and the town board at its discretion may grant the exception. Two community living arrangements may be adjacent if allowed by the town board and if both facilities comprise essential components of a single program. A foster home and a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under s. 48.62, Wis. Stats., are exempt from this provision.
(b) Special provisions for the AP district. When located in the AP zoning district, a community living arrangement with more than 8 residents must also comply with the requirements set forth in s. 60.63(5), Wis. Stats.

Community living arrangement, 9-15 residents

Any one of the following facilities with 9 to 15 residents (1) residential care centers for children and youth, as defined in s. 48.02(15d), Wis. Stats., operated by a child welfare agency licensed under s. 48.60, Wis. Stats.; (2) group homes for children, as defined in s. 48.02(7), Wis. Stats.; and (3) community-based residential facilities, as defined in s. 50.01(lg), Wis. Stats. The term does not include adult family homes, as defined in s. 50.01, Wis. Stats.

Districts Where Allowed Permitted by Right: R-1

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Proximity to another. A community living arrangement shall not be established within 2,500 feet of another such facility. An agent of a facility may apply for an exception to this requirement, and the town board at its discretion may grant the exception. Two community living arrangements may be adjacent if allowed by the town board and if both facilities comprise essential components of a single program. A foster home and a foster treatment home that is the primary domicile of a foster parent or foster treatment parent and that is licensed under s. 48.62, Wis. Stats., are exempt from this provision.
(b) Special provisions for the AP district. When located in the AP zoning district, a community living arrangement with more than 8 residents must also comply with the requirements set forth in s. 60.63(5), Wis. Stats.

Composting facility

A place where vegetation (but not food wastes) may be collected and composted. The term includes the storage and manipulation of materials prior to, during, and following composting.

Districts Where Allowed Permitted by Right: M-2 Districts Allowed as a Conditional Use: B-4, M-1, P-1, Q-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Licensing. A composting facility shall comply with all county, state, and federal regulations.
(b) Distance to specified features. A composting facility shall not be located within 600 feet of a residential zoning district, an educational facility, a worship facility, or any other place where the public congregates.
(c) Setbacks. All buildings, structures, and activity areas shall be located at least 100 feet from the perimeter of the site.
(d) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Construction equipment repair

A place where construction equipment, such as dump trucks, excavators, graders, and scrapers, are typically left overnight for maintenance, service, or repair.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Outdoor storage and activities. Outdoor storage areas and other activity areas related to this use shall be located at least 30 feet from a parcel in a residential zoning district and 10 feet from a parcel in a business zoning district.
(b) Location of work. When allowed in a business zoning district, all repair work shall occur within an enclosed building. When allowed in an industrial zoning district, repair work may be conducted out-of-doors.
(c) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(d) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Construction equipment sales and service

A place where new and used construction equipment, such as dump trucks, excavators, graders, and scrapers, are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such equipment.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Outdoor storage and activities. Display areas and other activity areas related to this use shall be located at least 30 feet from a parcel in a residential zoning district and 10 feet from a parcel in a business zoning district.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Contractor yard

A place where a contractor or builder may establish a base of operation, which may include one or more of the following: office space; indoor and outdoor storage of construction materials, equipment, and machinery, such as trucks and heavy equipment; and shops for the repair of machinery and equipment owned by the operator.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee working on site; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Limitations on equipment. There are no limitations on the number of trucks, trailers, or other heavy equipment.
(b) Storage of material. When a contractor yard is located next to a parcel in a residential or business zoning district, exterior storage of construction materials, wastes, and the like shall be screened with a solid, 6-foot fence and such materials shall not be placed higher than the height of the fence.
(c) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed to the satisfaction of the reviewing authority.
(d) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(e) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Convenience retail sales

A place where a limited product line of frequently needed personal items is offered for retail sale. The term includes convenience stores and small grocery stores.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4 Districts Allowed as a Conditional Use: M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 5:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Dam

An artificial barrier in or across a navigable watercourse which has the primary purpose of impounding or diverting water. A dam includes all appurtenant works, such as a dike, canal, or powerhouse.

Districts Where Allowed Districts Allowed as a Conditional Use: P-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) State and federal compliance. A dam shall comply with all state and federal rules and regulations.
(b) Removal. A dam may be removed, provided the standards and requirements of ch. 31, Wis. Stats., are met.
(c) Safety. The owner of the dam shall comply with the safety measures required in s. NR 33.07(3), Wis. Admin. Code.
(d) Unsafe conditions. If it is determined that a dam is unsafe or otherwise defective, the administrator shall follow the procedure outlined in article 6 relating to unsafe conditions.
(e) Termination of use. If the zoning administrator determines that a dam has not been operational for a continuous period of 12 months, the administrator shall follow the procedure outlined in article 6 relating to the termination of an approval.
(f) Special provisions in AP district. when located in the AP zoning district, a dam shall also comply with the requirements set forth in s. 500.226.
(g) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Driving range

A place where golfers practice driving golf balls from a fixed central location. This use may include one or more buildings and other structures directly related to the operation of this use, such as an office, snack bar, and buildings for housing maintenance equipment, supplies, and related materials.

Districts Where Allowed Districts Allowed as a Conditional Use: B-2, B-4, M-1, P-1, Q-1

Vehicle Parking:
1 space for each driving station

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Earth materials stockpile

A place where an earth material, such as topsoil and gravel, is piled and temporarily stored. The earth material must be derived from an on-site land development project and/or be used on site.

Districts Where Allowed Permitted by Right: P-1, Q-1 Districts Allowed as a Conditional Use: A-P, B-4, M-1, M-2

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Hours of operation. When the earth materials stockpile is located in a residential zoning district, equipment used to load, move, or process materials shall only be used between the hours of 7:00 am and 7:00 pm.
(b) Term of use. As part of the building, site, and operation plan review, the reviewing authority may establish the maximum length of time this use may operate.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Educational facility, post-secondary

A place where post-secondary educational opportunities are offered. The term includes colleges, universities, community colleges, and vocational schools.

Districts Where Allowed Permitted by Right: P-1 Districts Allowed as a Conditional Use: B-2, B-4, M-1

Vehicle Parking:
0.5 space for each student during the largest class attendance period; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Road access. The primary access to a post-secondary educational facility shall be off of a road classified as a major road as depicted on the adopted zoning map.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Educational facility, pre-K through 12

A place where primary and secondary educational opportunities are offered. The term includes preschools, elementary schools, junior high schools, and high schools.

Districts Where Allowed Permitted by Right: P-1 Districts Allowed as a Conditional Use: B-2, B-4, M-1

Vehicle Parking:
0.5 space for each (K-8) classroom; 1 space for each 8 students (grades 9-12) at design capacity, whichever is greater; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Road access. The primary access to a pre-K through 12 educational facility shall be off of a road classified as a major road as depicted on the adopted zoning map.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Equipment rental

A place where equipment is offered for rent and related supplies are offered for retail sale or rent. Items for rent or sale are predominantly stored indoors and may include hand tools, party equipment, and lawn and yard equipment.

Districts Where Allowed Permitted by Right: B-4, M-1 Districts Allowed as a Conditional Use: B-2

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Outdoor display and storage areas. Outdoor display and storage areas and other activity areas shall be located at least 50 feet from a residential zoning district and 10 feet from a business zoning district.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

Exterior communication device

An antenna used to capture wireless telecommunication signals.

Family day care home

A private residence licensed as a day care center by the state where care is provided for 4 to 8 children.

Commentary: See s. 66.1017, Wis. Stats. A group day care (9 or more children) is considered a principal use and is therefore listed as a special care facility (5.0 series).

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) License. Prior to the establishment of a family day care home, the operator shall obtain a license from the state as may be required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(b) Special provisions in AP district. When located in the AP district, a family day care home must also comply with the requirements set forth in s. 91.01(1), Wis. Stats.

Farm building for non-farm storage

A building once used for agricultural purposes in which motor vehicles, construction equipment and vehicles, recreational vehicles, boats, and other related items not owned by the property owner may be stored, with or without a fee. Minor repair and maintenance of those objects in storage is permitted, provided such activity is for noncommercial purposes.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Buildings. This use is limited to those buildings that were existing on January 1, 1980 and which were previously used for agricultural purposes (e.g., barns).
(b) Expansion. The building housing this use may not be enlarged to increase the storage area.
(c) Alteration of building. The building may not be altered to accommodate this use, except as may be specifically permitted by the reviewing authority as part of the review process.
(d) Exterior storage prohibited. All storage shall occur within the farm building (i.e., no outside storage).
(e) Special provisions in AP district. When located in the AP zoning district, this use must also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(f) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Farm education

Farm tours and how-to clinics or classes related to farming, farm life, or food (e.g., gardening, cooking, canning produce, jam-making, candle making, soap making, flower arranging, quilting).

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Validity of use. Farm education must be operated as an ancillary use in conjunction with an active farm operation.
(b) Subordinate to other farm uses. Any building that is constructed to house clinics or classes shall be clearly subordinate to the other farm buildings on the property
(c) Parking. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(d) Group limitations. For any parcel that is 10 acres or smaller, the maximum number of people coming to the property is 25 at any point in time. For any parcel larger than 10 acres, the maximum number of people coming to the property is 50 at any point in time, except the Town Board may allow a larger number, but not more than 100, as part of the conditional use review process.
(e) Frequency of events. For any parcel that is 10 acres or smaller, the maximum number of events in a calendar week is 1. For any parcel larger than 10 acres, the maximum number of events in a calendar week is 2. For the purpose of this subsection, an event shall not exceed a 12-hour period of time.
(f) Special provisions in AP district. When located in the AP zoning district, farm education must also comply with the requirements set forth in s. 505.226.
(f) Application fee. This use is classified as a Type 1 conditional use in the fee schedule when the property is 10 acres or smaller. This use is classified as a Type 2 conditional use in the fee schedule when the property is larger than 10 acres.

Amendment(s): Ordinance 2023-01

Farm recreation

One or more of the following or similar activities: sleigh/hay rides, corn maze, haunted house, ropes course, pumpkin cannons, zip lines, paint ball courses, and obstacle courses.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Validity of use. Farm recreation must be operated as an ancillary use in conjunction with an active farm operation.
(b) Minimum lot area. The minimum lot area for farm recreation is 20 acres when located in the AP zoning district and 35 acres when located in the RR zoning district. The acreage of adjoining parcels, which are part of a single farm entity as determined by the Town Board, may be combined for the purpose of meeting the minimum lot size requirements.
(c) Activity areas. Activity areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(d) Parking. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(e) Hours of operation. When allowed as a conditional use, the business may be only operated from 8:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Not in a subdivision. This use may not be located within a platted residential subdivision.
(g) Special provisions in AP district. When located in the AP zoning district, farm recreation must also comply with the requirements set forth in s. 500.226.
(h) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Farm residence

A dwelling unit occupied by an owner or operator of the farm, a parent or child of an owner or operator of the farm, or an individual who earns more than 50 percent of his or her gross income from the farm.

Districts Where Allowed Permitted by Right: A-P, RR

Vehicle Parking:
2 spaces

Supplemental Standards:
(a) General requirements. A farm residence shall comply with the standards for single-family dwellings as set forth in this appendix.
(b) Number. No more than one farm residence may be located on land under common ownership that is primarily devoted to agricultural use. For the purpose of this part, land is deemed to be primarily devoted to agricultural use if (1) the land produces at least $6,000 in annual gross farm revenues to its owner or renter, regardless of whether a majority of the land area is in agricultural use; or (2) a majority of the land area is in agricultural use based on how the land is classified for tax purposes under ch. TAX 18, Wis. Admin. Code. For the purpose of this part, land is deemed to be under common ownership if (1) such parcels are owned by the same individual, a married couple, joint tenants, tenants in common, a corporation, a limited liability corporation, a partnership, an estate, or a trust; or (2) such parcels are owned by separate legal entities, but those legal entities are all wholly owned by exactly the same person or persons.

Farm restaurant

A place where food and beverages are offered for retail sale primarily for on-site consumption, and where the on-site consumption of fermented malt beverages, wine, or liquor, if any, is clearly secondary and subordinate to the sale of food and nonalcoholic beverages. A farm restaurant may also prepare food as part of a catering business.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Validity of use. A farm restaurant must be operated as an ancillary use in conjunction with an active farm operation.
(b) Minimum lot area. The minimum lot area for a farm restaurant is 35 acres. The acreage of adjoining parcels, which are part of a single farm entity as determined by the Town Board, may be combined for the purpose of meeting the minimum lot size requirements.
(c) Subordinate to other farm uses. Any building that is constructed for a farm restaurant shall be clearly subordinate to the other farm buildings on the property.
(d) Road access. The property with a farm restaurant shall front on and have access to a major road as depicted on the adopted zoning map.
(e) Parking areas. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(f) Hours of operation. When allowed as a conditional use, the business may be only operated from 5:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(g) Special provisions in AP district. When located in the AP zoning district, a farm restaurant must also comply with the requirements set forth in s. 500.226.
(h) Seating capacity. Seating capacity is limited to 24, except the Town Board may establish a larger number through the conditional use review process.
(i) Licensing and other approvals. Prior to establishing this use, the property owner shall obtain any licenses and other approvals as may be established by Waukesha County and the state of Wisconsin
(j) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Farm store

A retail outlet that features agricultural products and goods derived from the farm on which the farm store is located and other farms in the region. Non-agriculturally related products such, as T-shirts, other clothing, and knick-knacks, may be offered so long as such products are clearly subordinate in number and scale to the featured agricultural products and goods.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Validity of use. A farm store must be operated as an ancillary use in conjunction with an active farm operation.
(b) Minimum lot area. The minimum lot area for a farm store is 20 acres. The acreage of adjoining parcels, which are part of a single farm entity as determined by the Town Board, may be combined for the purpose of meeting the minimum lot size requirements.
(c) Subordinate to other farm uses. Any building that is constructed for a farm store shall be clearly subordinate to the other farm buildings on the property.
(d) Road access. The property with a farm store shall front on and have access to a major road as depicted on the adopted zoning map.
(e) Parking areas. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(f) Hours of operation. When allowed as a conditional use, the business may be only operated from 8:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(g) Special provisions in AP district. When located in the AP zoning district, a farm store must also comply with the requirements set forth in s. 500.226.
(h) Not in a subdivision. This use may not be located within a platted residential subdivision.
(i) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Farmers market

A place where agricultural producers gather on a regular basis to offer their agricultural products directly to retail consumers.

Districts Where Allowed Permitted by Right: P-1 Districts Allowed as a Conditional Use: A-P, B-2, B-4, M-1

Vehicle Parking:
1.5 space for each vendor space when sufficient on street parking is not available

Supplemental Standards:
(a) Hours of operation. The display of products and sales shall only occur from 8:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Removal and clean up. Within 24 hours following the close of the farmers market, all features solely associated with the farmers market shall be removed and all trash and debris shall be removed.
(c) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Farmstand, off-site

A place where agricultural products not produced on the premises are offered for sale at retail.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4, M-1, M-2 Districts Allowed as a Conditional Use: A-P

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Size limitation. If a structure or building is used, the ground area shall not exceed 100 square feet.
(b) Placement. This use shall not be located within a vision clearance triangle as set forth in Article 7.
(c) Duration. If a structure or building is used, it shall only be used from April 1 through November 30 and must be removed no later than December 10.
(d) Hours of operation. The sale of items shall only occur from 9:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(e) Number. No more than one stand is allowed on any one premises.
(f) Status as a building. One free-standing building with a roof not exceeding 100 square feet shall not be counted as an accessory building.
(g) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Farmstand, on-site

A place where agricultural products produced exclusively on the premises are offered for sale at retail.

Districts Where Allowed Permitted by Right: A-P, RR, UC Districts Allowed as a Conditional Use: B-1, R-1

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Limitation on sales. Products offered for sale shall be produced on the premises.
(b) Use of structure. A structure may be used to store or display products and for sales, provided the following conditions are met:

(1) Term of use. The structure is only used from April 1 through November 30 and is removed no later than December 10.
(2) Floor area. The floor area of the structure shall not exceed 500 square feet.
(3) Structure height. The height of the structure shall not exceed 12 feet.
(4) Location. The structure shall be located at least 100 feet from a parcel in a residential zoning district. The structure may be located within the front yard setback area but no closer than 15 feet to the lot line. The structure shall not be located within a vision clearance triangle as set forth in Article 7.

(c) Hours of operation. The sale of items shall only occur from 9:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(d) Status as a building. One free-standing building with a roof not exceeding 100 square feet shall not be counted as an accessory building.
(e) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Fee fishing

An operation that provides the opportunity for anglers to pay a fee for the right to fish on a farm.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, Q-1, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Minimum lot area. The minimum lot area for fee fishing is 10 acres.
(b) Licensing and other approvals. Prior to establishing this use, the property owner shall obtain any licenses and other approvals as may be established by Waukesha County and the state of Wisconsin.
(c) Activity areas. Activity areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(d) Parking areas. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(e) Hours of operation. When allowed as a conditional use, the business may be only operated from 30 minutes before sunrise to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Special provisions in AP district. When located in the AP zoning district, fee fishing must also comply with the requirements set forth in s. 500.226.
(g) Not in a subdivision. This use may not be located within a platted residential subdivision.
(h) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Fence

A linear structure constructed for aesthetics, as a visual barrier, and/or to control entry or exit into an area. Typical materials include wood, metal, wire, masonry, stacked rocks, or logs.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, C-1, M-1, M-2, P-1, Q-1, R-1, RR, UC

Supplemental Standards:
(a) Applicability. The requirements of this part apply to fences more than 30 inches in height.
(b) Measurement of fence height. The height of a fence shall be measured from the adjoining ground surface to the top of the fence material (i.e., not the fence post, pole, or column). The surrounding grade around a fence shall not be altered so as to raise the overall height of a fence (i.e., above the natural grade).
(c) Construction specifications. A fence shall meet the following construction specifications:

(1) Width. With the exception of vertical supports, the width of a fence shall not exceed 14 inches.
(2) Height. The top of a fence shall not exceed the height listed in the table below.
(3) Orientation. All non-decorative posts, horizontal supports, cross-members, and the like shall be oriented inward to the lot on which the fence is located, except for livestock fencing.
(4) Materials. A fence shall be constructed of building materials commonly used for fence construction in the region, except for those specifically prohibited in this part. A fence located in a front yard shall have a maximum opacity of 50 percent. All other fences may be solid from the ground to the maximum height. Snow fences constructed of wood or plastic shall be permitted only as temporary fences.
(5) Vertical supports. A vertical support, such as a post or column, shall not exceed 24 inches in width or extend more than 24 inches above the top of the highest point of the adjoining fence.
(6) Arbors. An arbor may extend above a pedestrian walkway provided it is not taller than 9 feet, wider than 5 feet, or deeper than 3 feet.
(7) Trellises. A trellis may be incorporated into the overall design of a fence provided no part is taller than 8 feet and does not extend for more than 10 percent of the length of the side on which it is located.

Maximum fence height
Location	Residential and Agricultural Zoning Districts	Business Zoning Districts	Industrial Zoning Districts
Front yard	4.5 feet [1,2]	4.5 feet [3]	10 feet
Side yard	6 feet [2]	8 feet [3]	10 feet
Rear yard	6 feet [2]	8 feet [3]	10 feet
1. On parcels of 3 acres or more, a fence may be 5.5 feet in the front yard when the fence is used to contain livestock. 2. Pursuant to the procedures and requirements in article 6 of this chapter, the town board may approve a special exception to allow a fence that is higher than the height specified when such fence is needed to prevent certain livestock from escaping. 3. Pursuant to the procedures and requirements in article 6 of this chapter, the town board may approve a special exception to allow a fence that is higher than the height specified, but no more than 10 feet.

(d) Location specifications. A fence shall meet the following locational specifications:

(1) A fence may be placed up to a lot line, except that a fence shall not be closer than 2 feet to a public road right-of-way or other lot line when adjoining a public pedestrian walkway or the like.
(2) A fence may be placed within a utility easement, unless prohibited by the easement holder, with the understanding that the utility authority may remove such fence at the property owner’s expense, is not liable for any damage to the fence, and is not responsible for the reconstruction of the fence.
(3) A fence shall not be located within a drainage easement. Upon written petition, the zoning administrator may allow a fence in a drainage easement when it can be shown that the fence will not restrict the flow of stormwater and the easement holder does not object.

(e) Special standards for fencing around a swimming pool. A fence that is located around a swimming pool must meet the standards in the most current edition of ANSI/IAF-8 as promulgated by the American National Standards Institute and Association of Pool and Spa Professionals that relate to barriers and fencing.
(f) Special standards for fencing around a sport court. A fence may be located around a sport court, provided it meets the following standards:

(1) The fence shall not exceed 12 feet in height.
(2) The fence shall not be located within a setback line.
(3) Any portion of the fence above 6 feet in height shall be an open woven wire.

(g) Special standards for temporary fencing. A temporary fence may be used for the duration of a construction project with a valid building permit.
(h) Modification of stormwater flow. A solid masonry fence shall not impede the natural flow of stormwater.
(i) Barbed wire fencing. Barbed wire fencing is prohibited except as follows:

(1) Three or fewer courses of barbed wire may be installed above the top line of a 6-foot high chain link fence when located in a manufacturing zoning district.
(2) Barbed wire may be used to contain livestock as may be allowed in the zoning district.

(j) Electric fencing. Electrically-charged fencing is prohibited except when used to contain livestock as may be allowed in the zoning district.
(k) Maintenance. A fence shall be maintained in a structurally sound manner.
(l) Fencing as a private nuisance. In no event shall any provision in this part be construed to permit a fence that constitutes a private nuisance under s. 844.10, Wis. Stats.

Financial services

A place where financial and banking services are offered. The term includes banks, savings and loan institutions, other lending institutions, auto title loan businesses, and payday loan businesses.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4, M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Location. A payday loan business or auto title loan business shall not be located within 5,000 feet of another payday loan business or auto title loan business or within 150 feet of a residential zoning district. For the purpose of this part, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the payday loan business or auto title loan business to the outer wall of the building containing the other specified land use or, as appropriate, to the nearest lot line of a parcel in the specified zoning district. The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of applying the separation requirements of this part. If a payday loan business or auto title loan business is operating on January 1, 2011 and does not comply with the locational standards in this part, such business may continue to operate at that location.
(b) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

Forestry

The harvesting, thinning, and planting of trees and related forest management activities whether for commercial or noncommercial purposes. The term includes temporary skidding yards necessary to store and sort logs harvested on the premises. The term does not include on-site processing and permanent skidding yards.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, C-1, M-1, M-2, P-1, Q-1, R-1, RR, T-1, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Generally. Forest management operations shall be consistent with generally accepted forestry management practices as described in the most recent version of "Wisconsin Forest Management Guidelines," published by the Wisconsin Department of Natural Resources and identified as publication number PUB-FR-226.
(b) Removal of a tree or shrub within a defined open space area in a development project. Trees and shrubs within an area set aside as open space as part of a development project shall not be removed except as follows:

(1) A dead or dying tree or shrub may be removed when it poses a threat to public health and safety.
(2) The removal of trees and shrubs is done consistent with a landscape management plan as prepared by a registered landscape architect, an arborist, a conservation ecologist, or a forester and as approved by the zoning administrator.
(3) Vegetation listed by the Wisconsin Department of Natural Resources as an invasive species under ch. NR 40, Wis. Admin. Code may be removed without prior approval.

(c) Removal of a tree or shrub within the UC, C-1, AP/UC, and AP/C-1 district. Trees and shrubs within the UC, C-1, AP/UC, and AP/C-1 district shall not be removed except as follows:

(1) A dead or dying tree or shrub may be removed when it poses a threat to public health and safety.
(2) The removal of trees and shrubs covering one acre or more is done consistent with a landscape management plan as prepared by a conservation ecologist or a state forester and as approved by the zoning administrator.
(3) Vegetation listed by the Wisconsin Department of Natural Resources as an invasive species under ch. NR 40, Wis. Admin. Code may be removed without prior approval, except that such work covering more than two acres is done consistent with a landscape management plan as prepared by a conservation ecologist or a state forester and as approved by the zoning administrator.

Foster home / treatment foster home

A place licensed by the state for the care of foster children and which is operated by a corporation, child welfare agency, church, or other such entity.

Commentary: See s. 48.62, Wis. Stats. A foster home and treatment foster home can either be a principal use or an accessory use. If the operator lives in the residence with the children, it is considered an accessory use which is included in Series 18.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Proximity to other such facility. A foster home or treatment foster home that is operated by a corporation, a child welfare agency, a religious association, as defined in s. 157.061(15), Wis. Stats., an association, or a public agency, shall not be established within 2,500 feet of another such facility. An agent may apply for an exception to this requirement, and the Town Board at its discretion may grant the exception.
(b) State license. Prior to the establishment of a foster home or treatment foster home, the operator shall obtain a license from the state as provided for in s. 48.75 Wis. Stats., and maintain such license for the life of the use or until the state no longer requires such license.
(c) Special provisions in AP district. when located in the AP zoning district, a foster home must also comply with the requirements set forth in s. 91.46(5), Wis. Stats., or s. 60.63(5), Wis. Stats., if owned by a corporation and have more than 8 residents.

Foster home and treatment foster home

A facility licensed by the state for the care of foster children and which is operated by a foster parent who lives with the children.

Commentary: See s. 48.62, Wis. Stats. A foster home and treatment foster home can either be a principal use or an accessory use. If the operator does not live in the residence with the children, it is considered a principal use which is listed in Series 5.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) License. Prior to the establishment of a foster home or treatment foster home, the operator shall obtain a license from the state as provided for in s. 48.75, Wis. Stats., and maintain such license for the life of the use or until the state no longer requires such license.
(b) Special provisions in AP district. When located in the AP zoning district, a foster home and treatment foster home must also comply with the requirements set forth in s. 91.01(1), Wis. Stats.

Funeral home

A place where the deceased may be prepared for burial or cremation and people may gather for visitation or funeral ceremonies. The indoor display of funeral equipment may also occur. The term includes mortuaries.

Districts Where Allowed Permitted by Right: B-4 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
1 space for each 3 patron seats at the maximum capacity; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

General repair

A place where consumer goods such as shoes, bicycles, appliances, and business equipment are repaired. The term does not include repair of motor vehicles or industrial equipment.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4, M-1

Vehicle Parking:
1 space for each 450 square feet of gross floor area

Supplemental Standards:
(a) Location of work. All activities related to this use shall occur within a building, except when the parcel of land is located in an industrial zoning district.
(b) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

General retail sales

A place where a diverse product line is offered for retail sale. The term includes grocery stores, retail outlets, comparison shopping stores, full-line department stores, and dollar stores.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4 Districts Allowed as a Conditional Use: M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

General retail sales, large format

(1) A single building that contains more than 20,000 gross square feet on a single parcel where the primary tenant occupies 65 percent or more of the gross floor area, (2) two or more buildings with a total of 20,000 gross square feet on a single parcel where the primary tenant occupies 65 percent or more of the gross floor area, or (3) a group of buildings on adjoining lots with more than 20,000 gross square feet of floor where the primary tenant owns the lots and occupies 65 percent or more of the gross floor area. The term does not include a retail store that is part of an industrial building or warehouse when the floor area of such store is less than 20,000 gross square feet.

Districts Where Allowed Districts Allowed as a Conditional Use: B-4, M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Legislative findings. The town board makes the following legislative finding relating to large-format retail sales: Abandoned buildings are a blighting influence on the community and large vacant stores are especially detrimental.
(b) Purpose. The provisions of this part are intended to prevent urban blight due to large vacant stores.
(c) Development agreement. Prior to issuance of a building permit for a large-format retail store, the property owner shall enter into a development agreement with the town, to run with the land, that includes all of the following:

(1) a provision that prevents the owner from prohibiting or otherwise limiting, through contract or other legal device, the reuse of the building for retail or other legitimate purpose;
(2) a provision requiring long-term maintenance of the property including landscaping if the building is vacated;
(3) a provision requiring the preparation of an adaptive reuse plan or a demolition plan by the property owner acceptable to the Town Board within 12 months of vacation;
(4) a provision stating that the property owner within 24 months of vacation shall either begin demolishing the building and restoring the site consistent with the approved demolition plan and continue in good faith to completion or begin implementing the approved adaptive reuse plan and continue in good faith to completion;
(5) other provisions deemed necessary by the board to address the particular circumstances related to the project.

(d) Vacation of existing buildings. When a large-format store is proposed as a replacement for another retail store already located in the town, the applicant shall not prohibit or otherwise limit, through contract or other legal device, the reuse of its former building.
(e) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

General services

A place where services not otherwise included in any other service type category are offered. The term includes photography studios, weight loss centers, commercial postal services, beauty shops, pet grooming shops, photocopying and printing services, linen services, dry cleaning services, and diaper services.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1 Districts Allowed as a Conditional Use: B-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Golf course

A place where individuals, for a fee or other consideration, play golf outdoors. This use may include one or more buildings and other structures directly related to the operation of this use, such as an office, game room with snack bar, and buildings for housing maintenance equipment, supplies, and related materials.

Districts Where Allowed Districts Allowed as a Conditional Use: B-2, B-4, M-1, P-1

Vehicle Parking:
36 spaces for each 9 holes of golf; plus 1 space for each employee on the largest work shift. If a tavern or restaurant is also part of the golf course facility, the parking requirements for such tavern or restaurant is 50 percent of what is normally required (in addition to what is otherwise required for the golf course). For example, if a restaurant would normally require 40 spaces, 20 spaces are needed when part of a golf course facility (in addition to what is otherwise required for the golf course).

Supplemental Standards:
(a) Locational standards. Club houses and maintenance buildings with a floor area exceeding 1,200 square feet shall be located at least 300 feet from a parcel in a residential zoning district.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Greenhouse

A place where fruit, vegetables, flowers, and other types of plants are grown within an enclosed building for commercial purposes, whether using sunlight and/or artificial lighting.
Note: A greenhouse on a residential lot is considered an accessory building. See Series 18.

Districts Where Allowed Permitted by Right: B-4, M-1, M-2 Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
1 space for each employee on the largest work shift; plus parking for customers determined on a case-by-case basis

Supplemental Standards:
(a) Minimum lot area. The minimum lot area for a greenhouse is 5 acres.
(b) Construction. A greenhouse shall have 50 percent or more of transparent surfaces.
(c) Number. A greenhouse that has an overall height of more than 9 feet counts as a building and is subject to the limitation on the number of accessory buildings allowed under the base zoning standards.
(d) Floor area. The floor area of all greenhouses shall not exceed 2.5 percent of the lot area, provided the floor area complies with the building coverage standards referenced in Section 500.558.
(e) Retail sales. Plants grown on site in a greenhouse may be sold on site at retail along with other related merchandise provided the sale of such merchandise is clearly subordinate to the sale of plants. The type of merchandise shall be enumerated in the Town’s approval.
(f) Use of artificial lighting. If artificial lighting is used in the growing operation, the operator shall ensure such lighting does not cause a negative impact on surrounding properties.
(g) Maintenance. A greenhouse shall be kept in a good condition.
(h) Storage. A greenhouse may be used to store tools and equipment specifically related to the greenhouse operation. Other storage of any kind is strictly prohibited.
(i) Periodic review. If the greenhouse is covered with a non-durable material, such as plastic sheeting, the Town’s approval shall expire 12 months after issuance of the approval. Prior to such expiration, the Town Board, upon recommendation of the Plan Commission, may grant an extension of a specified period, but not more than 3 years. In reviewing a renewal request, the Plan Commission and Town Board should consider the extent to which the greenhouse complies with the Town’s approval and this part.
(j) Not in a subdivision. This use may not be located within a platted residential subdivision.
(k) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Group day care center

A place licensed as a day care by the state where care is provided for 9 or more children. This use may include outdoor play areas, playhouses, and related recreational equipment, such as swings, slides, basketball hoops, and jungle gyms.

Commentary: A family day care home (4-8 children) is considered an accessory use and is therefore listed in the 18 Series.

Districts Where Allowed Permitted by Right: B-4, P-1 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
1 space for each 2 children the facility is licensed by the state to accommodate; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Outdoor activity area. An outdoor activity area associated with a group day care center shall not be located within 20 feet of an adjoining property in a residential zoning district.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Group recreation camp

A place where members of an association or other similar group, which operates the premises, and their invited guests may set up tents, campers and trailers of all types, and recreational vehicles for camping and sleeping purposes or stay overnight in a lodge, cabin, or other similar accommodation. Accessory uses may include a dwelling unit for the manager of the camp, sleeping accommodations for resident staff, and one or more buildings to house guest services, administrative offices, recreational facilities, maintenance equipment, supplies, and related materials. The term includes youth camps and church camps.

Districts Where Allowed Permitted by Right: P-1

Vehicle Parking:
1 space at each camping space; plus 1 space at the office, if one is provided, for each 15 camping spaces

Supplemental Standards:
(a) Minimum lot size. The minimum lot size for a group recreation camp is 20 acres.
(b) Continuing maintenance. The owner of the group recreation camp shall maintain the group camp in a clean and sanitary manner.
(c) Accessory facilities. Accessory facilities (e.g., laundry and food sales) may be allowed as a service to the occupants of the group recreation camp but they shall be designed, operated, and located to inhibit use by nonoccupants.
(d) Density. If campground spaces are provided, the density shall not exceed 2.5 campground spaces per acre (gross).
(e) Access. If campground spaces are provided, they shall be arranged to permit the safe and practical placement and removal of vehicles from a private roadway internal to the development.
(f) Setbacks from lot line. If campground spaces are provided, they shall be no closer than 40 feet to the perimeter lot line of the site.
(g) Solid waste collection. An off-street area for the collection of solid waste (trash) shall be provided within a group recreation camp.
(h) Sanitation. Onsite wastewater treatment facilities must be shown on the approved site plan and must be located to minimize the impact to surrounding properties.
(i) Limitation on addition of features. Storage sheds, decks, patios, and similar structures, whether permanent or temporary, shall not be permitted within a camping space. Structural additions to a recreational vehicle, whether permanent or temporary, shall not be permitted. Tent platforms are permitted.
(j) State license. Prior to the establishment of a group recreation camp, the operator shall obtain a license from the Wisconsin Department of Health and Family Services as required by state law and maintain such license for the life of the use or until the state no longer requires such license.

Health care center

A place where medical treatment, or nursing, rehabilitative, or preventative care is offered. The term includes ambulatory surgical facilities, hospitals, kidney treatment centers, long-term care facilities, medical assistance facilities, mental health centers, outpatient facilities, public health centers, and rehabilitation facilities.

Districts Where Allowed Permitted by Right: B-4, P-1 Districts Allowed as a Conditional Use: M-1

Vehicle Parking:
1 space for each 1.5 patient beds; plus 1 s[ace for each employee on the largest work shift; plus 1 space for each doctor on the largest work shift

Supplemental Standards:
(a) Road access. The primary access to a health care center shall be off of a road classified as a major road as depicted on the adopted zoning map.
(b) Transition when allowed as a conditional use. When a health care center is allowed as a conditional use, an appropriate transition shall be required between this use and an adjoining use.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Health care clinic

A place where medical services are offered and patients do not stay overnight. The term includes dental clinics, medical offices, chiropractic offices, acupuncture centers, and sports medicine facilities. The term does not include those uses as classified as a health care center.

Districts Where Allowed Permitted by Right: B-2, B-4 Districts Allowed as a Conditional Use: B-1, M-1

Vehicle Parking:
1 space for each examination room or equivalent; plus 1 space for each 300 square feet off gross floor area not devoted to examinations

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Home occupation, Type 1

An occupation, profession, enterprise, or similar commercial activity that is conducted by a person residing on the residential premises as an accessory use, but excludes any activity that creates, transfers, or produces physical products for sale or resale. The term does not include hobbies or similar noncommercial activities.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
additional parking is not required

Supplemental Standards:
(a) Validity of use. The individual primarily responsible for operation of the home occupation shall reside in a dwelling unit on the parcel.
(b) Location and space limitation. The home occupation must occur within the dwelling unit. The space specifically designated for use of the home occupation shall occupy no more than 25 percent of the total floor area of the dwelling unit.
(c) Exterior character of building. The exterior character of the building housing the home occupation shall not be altered to accommodate such use.
(d) Storage of materials. Exterior storage of materials or equipment is prohibited.
(e) Limitation on number of on-site workers. The number of individuals working on-site shall be limited to those individuals living in the dwelling unit.
(f) Retail sales. On-site retail sale of merchandise is prohibited.
(g) Nuisance. A home occupation shall not create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with the typical residential use in the zoning district.
(h) Prohibited uses. The following uses do not qualify as a home occupation: veterinary services, medical offices, animal boarding or grooming, barber or hair care with 3 or more chairs, restaurant, vehicle repair, motor vehicle body work, or other similar activities.
(i) Special exception for an operator with a disability. Consistent with the procedures and requirements of article 6 of this chapter, the plan commission may approve a special exception to any of the requirements in this section when the operator has a temporary or permanent disability and the home occupation is or would be his or her primary livelihood and such deviation is needed to facilitate the operation of the home occupation in a reasonable manner.
(j) Multiple home occupations. Multiple home occupations may be permitted on a single lot provided all of the general requirements set forth in this section can be met based on an accumulation of activities.
(k) Special provisions in AP district. When located in the AP zoning district, a home occupation must comply with the requirements set forth in s. 91.01(1), Wis. Stats.

Amendment(s): Ordinance 2023-01

Home occupation, Type 2

An occupation, profession, enterprise, or similar commercial activity that is conducted by a person residing on the residential premises as an accessory use. The term does not include hobbies or similar noncommercial activities.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
1 space for each company vehicle, if any

Supplemental Standards:
(a) Validity of use. The individual primarily responsible for operation of the home occupation shall reside in a dwelling unit on the parcel.
(b) Location and space limitation. The home occupation may occur within the dwelling unit or within an accessory building located on the lot, or both. The space specifically designated for use of the home occupation shall occupy no more than 25 percent of the total floor area of the dwelling unit.
(c) Exterior character of building. The exterior character of the building housing the home occupation shall not be altered to accommodate such use.
(d) Limitation on number of on-site workers. The number of individuals working on-site shall be limited to those individuals living in the dwelling unit and one individual not living in the dwelling unit.
(e) Retail sales. On-site retail sale of merchandise is prohibited.
(f) Limitations on business vehicles. The use shall not involve the use of a commercial vehicle for more than occasional delivery of materials to or from the premises.
(g) Nuisance. A home occupation shall not create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with the typical residential use in the zoning district.
(h) Prohibited uses. The following uses do not qualify as a home occupation: veterinary services, medical offices, animal boarding or grooming, barber or hair care with 3 or more chairs, restaurant, vehicle repair, motor vehicle body work, or other similar activities.
(j) Special exception for an operator with a disability. Consistent with the procedures and requirements of article 6 of this chapter, the plan commission may approve a special exception to any of the requirements in this section when the operator has a temporary or permanent disability and the home occupation is or would be his or her primary livelihood and such deviation is needed to facilitate the operation of the home occupation in a reasonable manner.
(k) Multiple home occupations. Multiple home occupations may be permitted on a single lot provided all of the general requirements set forth in this section can be met based on an accumulation of activities.
(l) Special provisions in AP district. When located in the AP zoning district, a home occupation must comply with the requirements set forth in s. 91.01(1), Wis. Stats.

Amendment(s): Ordinance 2023-01

Hospice care center

A place licensed by the state that provides palliative and supportive care and a place of residence to individuals with terminal illness and provides or arranges for short-term inpatient care as needed.

Districts Where Allowed Permitted by Right: B-4, P-1 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
1 space for each 2 residents at capacity; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) License. Prior to the establishment of a hospice care center, the operator shall obtain a license from the state as provided for in s. 50.92 Wis. Stats., and maintain such license for the life of the use or until the state no longer requires such license.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Hot tub

An outdoor warm water reservoir usually with hydromassage jets. A hot tub may be built in or portable.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Location. A hot tub shall not be located in a front yard or in an offset of a side or rear yard.
(b) Decking. Decking is considered an integral part of a hot tub.
(c) Draining of water. Water that is drained out of a hot tub shall not flow onto adjoining property or into a wetland.
(d) Design specifications. A hot tub shall meet the most current standards published by the National Spa and Pool Institute (NSPI) and the American National Standards Institute (ANSI) including those for plumbing, electrical service, sanitation, fencing, security, and safety.

Household livestock

A place where livestock are kept primarily for the use and enjoyment of those living on the premises and occasional commercial purposes.

Note: Also see backyard chickens in this Series, which are allowed on parcels that are 3 acres or smaller.

Districts Where Allowed Permitted by Right: A-P, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Minimum lot size. The minimum lot size for household livestock is 3 acres.
(b) Number of animals. The number of animals shall not exceed one grazing animal for each full acre plus 10 fowl for each full acre.
(c) Prohibited animals. The following are not permitted on parcels smaller than 35 acres: hogs; intact male goats; roosters; or fur-bearing animals, other than rabbits.
(d) Location of new buildings. A building that houses household livestock shall not be located within a floodplain or closer than 100 feet to the ordinary high-water mark of a navigable body of water.
(e) Special standards for hogs. Hogs are allowed provided the number does not exceed one-third of the total number of livestock allowed on the property. For example, if 3 livestock are allowed on a property, 1 may be a hog. Hogs shall be kept at least 75 feet from all lot lines.
(f) Fencing. Any area where poultry, domestic livestock, or horses are allowed to pasture or run shall be adequately fenced to keep them confined to such area.
(g) Buildings not a structure. A loafing shed is not counted as an accessory building, provided (1) the floor area is not more than 240 square feet, (2) it is located within a fenced enclosure, (3) it is constructed so it can be easily moved to another location (i.e., its moveable), (4) it is constructed of exterior building materials similar to the horse barn/stable, and (5) the number of loafing sheds is limited to the following: 3 to 5 acres - 1; 5.1 to 10 acres - 2; 10.1 to 20 acres - 3; and 20.1 to 35 acres - 4. A loafing shed shall not be used for storage of any kind.

Amendment(s): Ordinance 2023-01

Indoor entertainment

A place where indoor entertainment is offered. The term includes theaters, movie theaters, dance halls, and theaters for performing arts. The term does not include adult-oriented establishments.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1

Vehicle Parking:
1 space for each 3 patron seats; plus 1 for each employee on the largest work shift

Supplemental Standards:
(a) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

Indoor recreation

A place where indoor recreational activities are offered. The term includes bowling alleys, skating rinks, billiard and pool halls, and arcades.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1

Vehicle Parking:
1 space for each 3 patron seats; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Reserved

Industrial, heavy

A place where raw materials are processed or refined. The term includes batching plants, sawmills, foundries, and power plants. The term does not include a biofuels production plant which is listed as a separate land use in this series.

Districts Where Allowed Districts Allowed as a Conditional Use: M-2

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Distance to specified features. Outdoor storage areas and other activity areas related to this use shall be located at least 50 feet from a parcel in a residential zoning district and 25 feet from a parcel in a business zoning district.
(b) Material storage. No materials shall be stacked or otherwise stored so as to be visible over buffer yard screening elements from a parcel in a residential zoning district.
(c) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed to the satisfaction of the reviewing authority.
(d) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Industrial, light

A place where finished products or parts from previously prepared materials are manufactured, including processing, fabrication, assembly, treatment, packaging, incidental storage, and administrative offices. The term includes furniture production, metal fabrication, apparel manufacturing, printing, and publishing.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Location of materials and activities. All materials and activities, except loading and unloading, shall be conducted entirely within the confines of a building.
(b) Material storage. No materials shall be stacked or otherwise stored so as to be visible over buffer yard screening elements from a parcel in a residential zoning district.
(c) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(d) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

In-law dwelling unit

A room or suite of rooms having a separate kitchen facility, located in a single-family dwelling, occupied by not more than two persons related by blood or marriage to the family occupying the primary portion of the dwelling.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, R-1, RR, UC

Vehicle Parking:
1 space

Supplemental Standards:
(a) Limitation on occupancy. An in-law dwelling unit shall only be occupied by people who are related by blood or marriage to the family occupying the primary portion of the single-family dwelling. Not more than 2 such persons shall occupy an in-law dwelling unit.
(b) Limitation on floor area and bedrooms. The floor area of an in-law dwelling unit shall not exceed 1,000 square feet. An in-law dwelling unit shall not contain more than 2 bedrooms.
(c) Exterior appearance. The architecture of the in-law dwelling unit shall be compatible with the existing single-family dwelling and adjacent residences. The building shall appear to be a single-family residence.
(d) Doorways. An in-law dwelling unit shall not have a primary exterior door. A patio-type door is allowed as a secondary exterior door if it opens onto a deck or patio and does not face the front of the lot. There shall be an interior door or opening between the in-law dwelling unit and the primary portion of the single-family dwelling.
(e) Compliance with building codes. Prior to establishment of an in-law dwelling unit, the town building inspector shall certify that the single-family dwelling meets all applicable building codes.
(f) Compliance with sanitation requirements. Prior to the establishment of an in-law dwelling unit, the Waukesha County Health Environmental Resource Department shall certify that the existing on-site sewage disposal system can accommodate the proposed use in accordance with county sanitation requirements.
(g) Required actions following termination of use. At such time as the in-law dwelling unit is no longer occupied by a person that is related by blood or marriage to the family occupying the primary portion of the single-family dwelling, the property owner shall remove the stove and/or oven in the in-law dwelling unit or in the other dwelling unit and the interior door separating the two units shall be removed.
(h) Deed restriction. Prior to the establishment of an in-law dwelling unit, the property owner shall file a deed restriction in the Waukesha County register of deeds office, acceptable to the town planner, that includes the following provisions: the in-law dwelling unit is to be occupied by not more than 2 people who are related by blood or marriage to the family occupying the primary portion of the single-family dwelling, the approval of an in-law dwelling unit is not transferable to another property owner without formal approval of the Town Board, and other provisions deemed appropriate by the reviewing authority.

Instructional services

A place where instruction, training, or tutelage is offered in such areas as gymnastics, dance, art, music, and martial arts.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1 Districts Allowed as a Conditional Use: B-1

Vehicle Parking:
1 space for each student during the largest period of attendance; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Kennel, hobby

A place where 4 or more, but less than 11 adult dogs or other pet animals are kept for the occupant’s private, non-commercial purposes. The term also includes the sale and training of up to 2 litters per year.

Commentary: A commercial kennel is considered a principal use and is therefore listed in Series 10.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Nuisances. If the keeping of animals allowed as a hobby kennel becomes a nuisance to the neighborhood, as determined by the plan commission or the town board, the town board may take appropriate steps to terminate the use consistent with division 7 of article 6.
(b) Special provisions in AP district. When located in the AP zoning district, a hobby kennel must also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(c) Status as a building. One free-standing dog enclosure with a roof not exceeding 48 square feet shall not be counted as an accessory building.
(d) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Kennel, private

A place where no more than 3 adult dogs or other pets are kept for the occupant’s private, non-commercial purposes. The term also includes the sale and training of up to 2 litters per year.

Landscape business

A place where a landscape contractor may establish a base of operation, which may include one or more of the following: retail sale of plant and landscape materials; office space; indoor and outdoor storage of materials, equipment, and machinery, such as trucks and heavy equipment; and shops for the repair of machinery and equipment owned by the operator.

Districts Where Allowed Permitted by Right: B-4, M-1 Districts Allowed as a Conditional Use: B-2

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Outdoor areas. Outdoor work areas, parking areas, and storage of equipment and materials related to a landscape business shall not be located within the setbacks and offsets established for the zoning district in which the use is located.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Light industrial use incidental to sales/service

A place where light repairs are made to products that are offered for retail or wholesale sale.

Districts Where Allowed Permitted by Right: B-4, M-1 Districts Allowed as a Conditional Use: B-2

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Maximum floor area. The total floor area devoted to the light industrial activity shall not exceed 15 percent of the total floor area of the building, or 5,000 square feet, whichever is less.
(b) Required separation. The area devoted to the light industrial activity shall be physically separated by a wall or partition from other activity areas.
(c) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(d) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Livestock for vegetation management

Keeping of sheep and/or goats on a temporary basis for controlling undesirable plant species such as buckthorn, honeysuckle, invasive rose, garlic mustard, and reed canary grass.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, C-1, M-1, M-2, P-1, Q-1, R-1, RR, T-1, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Vegetation management plan. A vegetation management plan must be submitted that describes (1) the areas to be treated; (2) the nature and extent of the plant species to be controlled; (3) the number of livestock being used; (4) the time periods when livestock will be used, not to exceed 30 days in a calendar year; (5) the type of fencing used, and (6) other operating characteristics. The Town reserves the right to request a third-party review of the proposed management plan.
(b) Buildings. No permanent buildings may be erected or installed on the subject property for housing the livestock.
(c) Fencing. Fencing may be temporarily installed while livestock are kept on the subject property.

Amendment(s): Ordinance 2023-01

Maintenance garage

A place where a municipal government maintains administrative offices, equipment, and supplies necessary for maintaining public roadways, parks, and other types of public facilities.

Districts Where Allowed Permitted by Right: M-1, P-1 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Outdoor storage. Outdoor storage areas and other activity areas shall be located at least 50 feet from a parcel in a residential zoning district and 25 feet from a parcel in a business zoning district.
(b) Special provisions in AP district. When located in the AP zoning district, a maintenance garage shall also comply with the requirements set forth in s. 500.226.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Mixed-use housing

One or more dwelling units located in a building, commonly on the second floor, that also houses a commercial land use, such as retail use or a professional office.

Model home

A residential dwelling in a residential development temporarily used as a sales office for other on-site and off-site residential dwellings and properties.

Districts Where Allowed Permitted by Right: R-1, RR, UC

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Generally. A model home may be established when the residential project is developed by a single developer and the project will have more than 25 dwelling units available for sale in the first two phases.
(b) Appearance. The building used as a model home shall be of the same type and character as the dwelling units being offered for sale within the development.
(c) Duration of use. The model home shall be closed when 80 percent of the dwelling units of the entire development have been sold.
(d) Limitation on use. The model home is intended to facilitate the sale of residential housing units in the development in which it occurs and off-site sales activity shall be clearly incidental. The sales staff shall be limited to 2 licensed real estate agents and one support staff. The model home may be furnished but shall not be occupied as a residence.
(e) Hours of operation. The use may be only operated from 6:00 am to 8:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

Multi-family with 2 units

A building containing two dwelling units that is situated on one lot.

Districts Where Allowed Districts Allowed as a Conditional Use: R-1, RR

Vehicle Parking:
2 spaces for each residential unit

Supplemental Standards:
(a) Density. The density of dwelling units shall comply with the density standards for the zoning district in which this use is located, except that any land designated as UC or C-1 shall not be counted in the calculation.
(b) Design and construction. A multi-family with 2 units shall comply with the design and construction standards for a single-family residence set forth in this appendix.
(c) Not in subdivision. This use may not be located within a platted residential subdivision.
(d) Additional offset. The minimum offset is twice the offset requirement for the zoning district in which this use is located.
(e) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Multi-family with 3 to 5 units

A building containing three, four, or five dwelling units that is situated on one lot.

Districts Where Allowed Districts Allowed as a Conditional Use: R-1

Vehicle Parking:
2 spaces for each residential unit

Supplemental Standards:
(a) Density. The density of dwelling units shall comply with the density standards for the zoning district in which this use is located, except that any land designated as UC or C-1 shall not be counted in the calculation.
(b) Design and construction. A multi-family with 3 to 5 units shall comply with the design and construction standards for a single-family residence set forth in this appendix.
(c) Not in subdivision. This use may not be located within a platted residential subdivision.
(d) Additional offset. The minimum offset is twice the offset requirement for the zoning district in which this use is located.
(e) Indoor parking required. This use shall provide for 2 indoor parking spaces for each dwelling unit.
(f) Two-lane road. The developer shall provide a two-lane road, built to town road standards, from the public road to the multi-family building.
(g) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Nonmetallic mine

A place where nonmetallic minerals are removed from the ground by any method for use on-site or off-site. The following activities may be associated with a nonmetallic mine: excavating and transporting nonmetallic minerals, stockpiling of nonmetallic minerals, blending of nonmetallic minerals, blasting, grading, crushing, screening, scalping, and dewatering.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, Q-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Exemptions. The following activities shall not be considered a nonmetallic mine:

(1) operations affecting less than 5 acres and for the exclusive on-site use of the property owner;
(2) premining activities, such as site surveying, coring, mapping and other functions necessary solely for proper preparation of the permit application;
(3) excavation in conjunction with a utility installation, which is to be backfilled;
(4) excavation within the limits of a public right-of-way in conjunction with road construction or reconstruction, when construction plans have been approved by the Wisconsin Department of Transportation or other governmental authority;
(5) excavation which by nature is of limited duration, such as graves, septic tanks, and swimming pools;
(6) agricultural drainage work incidental to agricultural operations and irrigation/stock watering ponds, if no material is removed from the property;
(7) excavation for structures and parking areas;
(8) stripping of up to 1.5 feet of topsoil for the development of subdivisions, following subdivision approval;
(9) regrading of property for aesthetic purposes that does not affect existing drainage, if no material is removed from the property;
(10) dredging operations under the jurisdiction of the U.S. Army Corps of Engineers or other governmental authority;
(11) ponds developed for wildlife purposes in conjunction with the Natural Resources Conservation Service or the Waukesha County Land and Water Conservation Department;
(12) excavation related to sod farming;
(13) any mining operation, the reclamation of which is required in a permit obtained under ss. 144.80—144.94, Wis. Stats., pertaining to metallic mining;
activities conducted at a solid or hazardous waste disposal site required to prepare, operate, or close a solid waste disposal facility under ss. 144.435—144.445, Wis. Stats., or a hazardous waste disposal facility under ss. 144.60—144.74, Wis. Stats., for the exception of mineral extraction operations conducted for the purpose of lining, capping, or covering such disposal site; and
(14) any other use determined to be exempt by the Town Board.

(b) Air quality. The operator of a nonmetallic mine shall comply with ch. NR 415, Wis. Admin. Code, with regard to particulate emissions.
(c) Blasting. The operator of a nonmetallic mine shall comply with ch. Comm 7, Wis. Admin. Code, when explosives are used for blasting.
(d) Reclamation. The operator of a nonmetallic mine shall comply with chapter 20 of the general code of Waukesha County (Non-metallic mining reclamation).
(e) Minimization of noise, dust, and vibrations. Roads, machinery, and equipment shall be located, constructed, and used in such a manner as to minimize noise, dust, and vibrations.
(f) Hours of operation. A nonmetallic mine shall not be operated on Sunday and may be operated Monday through Saturday during the standard hours of operation specified in the table below based on the proximity of the site to a residence or commercial establishment open to the public. Upon written request, the Town Board may authorize specific activities past the standard hours or operation but no later than the hour specified in the table below for limited or temporary periods taking into account the proximity and nature of adjoining uses and the extent of noise, dust, and vibration associated with the activity. Such approval shall be in writing and shall specify the time period the extended hours of operation are in effect, the activities that are permitted, and conditions, if any, the board may impose to address off-site effects.

Permissible hours of operation for a nonmetallic mine
Proximity of Site to Specified Uses	Day	Standard Hours of Operation	Extended Hours of Operation With Approval of Town Board
Lot line of the site is located within 500 feet of a residence or commercial establishment open to the public	Monday through Friday	From 6:00 am to 6:00 pm	From 6:00 pm to 10:00 pm
	Saturday	From 6:00 am to 2:00 pm	From 2:00 pm to 7:00 pm
Lot line of the site is not located within 500 feet of a residence or commercial establishment open to the public	Monday through Friday	From 6:00 am to 6:00 pm	From 6:00 pm to 10:00 pm
	Saturday	From 6:00 am to 6:00 pm	From 6:00 pm to 10:00 pm

(g) Locational requirements. A nonmetallic mine shall comply with the following distance requirements:

(1) 1,000 feet minimum from any dwelling
(2) 500 feet minimum from a residential zoning district
(3) 200 feet minimum from all other zoning districts
(4) 100 feet minimum from all access roads, parking, and office buildings
(5) 200 feet from all property boundary lines
(6) 50 feet minimum from all on-site access roads, parking areas, and office buildings

(h) Plan of operation. A nonmetallic mine, including those that existed before March 28, 2018, shall prepare a plan of operation for the site that includes the following:

(1) A statement of ownership of the parcel and control of the operations.
(2) A site plan, drawn to scale, showing the lateral extent of existing and proposed excavations; the location and width of all easements and right of way on or abutting the site; existing water bodies, water courses and drainageways and proposed modifications; estimated direction of flow or groundwater; the location of existing and proposed buildings, structures, machinery and equipment; and the location of all existing and proposed storage and stockpiling areas.
(3) Cross sections of the site, drawn to scale, that show the vertical extent of existing and proposed excavations.

(i) Term of permit. A permit shall be issued for a term of 6 years, renewable for terms of 6 years. Any activity conducted in compliance with a lawfully issued permit which subsequently becomes noncompliant during the term of the permit by reason of surrounding development may continue for the remainder of the term of the permit.
(j) Transfer of permit. When an operator succeeds to the interest of another in an uncompleted site, the town board shall release the present operator of the responsibilities imposed by the permit only if:

(1) both operators are in compliance with the requirements and standards of this part, and
(2) the new operator assumes the responsibility of the former operator's permit requirements.

(k) Financial guarantee. Prior to the establishment of a nonmetallic mine, the property owner shall submit a financial guarantee to the town pursuant to the requirements in article 5 of this chapter in an amount equal to 110 percent of the estimated cost of site restoration identified in the restoration plan that is approved for the project.

(l) Special provisions in AP district. When located in the AP zoning district, a non-metallic mine shall also comply with the requirements set forth in s. 500.226.
(m) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Nursing home

A place where 5 or more persons who are not related to the operator or administrator reside, receive care or treatment and, because of their mental or physical condition, require 24-hour nursing services, including limited nursing care, intermediate level nursing care, and skilled nursing services. The term does not include (1) a convent or facility owned or operated exclusively by and for members of a religious order that provides reception and care or treatment of an individual, (2) a hospice as defined in state law, or (3) a residential care apartment complex as defined in state law.

Districts Where Allowed Permitted by Right: B-4, P-1 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
1 space for each 3 beds; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Required green space. If a nursing home is not located in business zoning district, a minimum of 30 percent of the parcel shall remain undeveloped (i.e., landscaped).
(b) Parking lot screening. When an off-street parking lot is located within 20 feet of a parcel in a residential zoning district landscaping, fencing, a berm, or any combination thereof shall be used to effectively screen the parking area from the residential property.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Off-site construction yard

A place where construction materials and equipment may be stored, prepped, or staged for an off-site construction project (e.g., highway reconstruction project or construction of an electric transmission line or pipeline).

Districts Where Allowed Districts Allowed as a Conditional Use: B-4, M-1, M-2, P-1, Q-1

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Setback requirements. Outdoor storage areas and other activity areas shall be located at least 40 feet from a parcel in a residential zoning district and 20 feet from a parcel in a business zoning district.
(b) Site restoration. As part of the review process, the applicant shall prepare and submit a restoration plan and obtain the approval of the same. Such restoration plan shall identify those areas of the parcel that will be disturbed and how those areas will be restored following the cessation of this temporary use.
(c) Financial guarantee. Prior to the establishment of an off-site construction yard, the property owner shall submit a financial guarantee in a form acceptable to the zoning administrator and in an amount equal to 110 percent of the estimated cost of site restoration identified in the restoration plan that is approved for the project. If the town exercises its right to use the financial guarantee to restore the property and the amount of the financial guarantee does not cover such costs, the difference between the amount of the guarantee and the actual cost shall constitute a lien against the property as authorized by state law.
(d) Hours of operation. The use may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(e) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

On-site construction office

A portable building or enclosed trailer temporarily placed on a construction site for use by the contractor as a field office.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4, M-1, M-2, R-1, RR

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Generally. An on-site construction office may be established for commercial and industrial construction projects.
(b) Duration of use. An on-site construction office shall be removed within 10 days after the date of issuance of the last occupancy permit for the building under construction.
(c) Location. An on-site construction office shall be placed in a location with the least impact to adjoining property owners.
(d) Limitation on use. The use of an on-site construction office shall be limited to construction management activities associated with the construction activities occurring on the parcel of land on which it is located.
(e) Hours of operation. The use may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

On-site construction yard

A place where construction materials, equipment, and the like may be stored, prepped, or staged for an on-site construction project.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4, M-1, M-2, R-1, RR

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Generally. An on-site construction yard may be established for commercial and industrial construction projects.
(b) Duration of use. On-site project material storage shall be removed within 10 days after the date of issuance of the last occupancy permit for the building under construction. The use may shall not exist for more than 6 months, unless the Town Board authorizes a one-time extension of no more than 3 months.
(c) Location. On-site project material storage shall be placed in a location with the least impact to adjoining property owners.
(d) Size limitations. The area dedicated for on-site project material storage shall not exceed 10 percent of the gross area of the parcel.
(f) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

Outdoor entertainment

A place where outdoor, spectator-type uses or events are offered. The term includes race tracks, motocross courses, tractor-pulling events, and sports arenas.

Districts Where Allowed Districts Allowed as a Conditional Use: P-1

Vehicle Parking:
1 space for each 3 patron seats at the maximum capacity; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Hours of operation. The plan commission may recommend and the town board may establish hours of operation for this use when the operation may negatively affect surrounding properties.
(b) Site design considerations. The site shall be designed to minimize the effects of outdoor lighting and noise on surrounding properties.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Outdoor food and beverage service

An outdoor area with tables and chairs located on the same lot as a brewpub, restaurant, or tavern where customers can consume food and drink.

Districts Where Allowed Permitted by Right: B-4 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of area devoted to patron service, whichever is greater

Supplemental Standards:
(a) Maximum size of service area. The size of the outdoor service area shall not be more than 50 percent of the floor area of the brewpub, restaurant, or tavern.
(b) Location of service area. The outdoor service area shall be located on the same parcel of land as the brewpub, restaurant, or tavern or on an adjoining parcel. The outdoor service area shall not be located in a public right-of-way, a required landscape area, a buffer yard, or the setback of a front yard, side yard, shore yard, or rear yard.
(c) Consistency with state liquor license. No alcoholic beverages shall be served or consumed within the outdoor service area unless the liquor, beer, or wine license, whichever is applicable, as issued by the town, explicitly states that consumption is permitted within the outdoor service area.
(d) Entrance to service area if alcoholic beverages are served. If alcoholic beverages are served, the entrance or entrances to the outdoor service area shall be exclusively through the brewpub, restaurant, or tavern, and a barrier such as a rope or fence shall be erected to prevent entry to the outdoor service area by any other means.
(e) Restroom requirements. The restroom facilities in the brewpub, restaurant, or tavern shall be of sufficient capacity to serve both the indoor and outdoor patrons. Temporary toilet facilities are not permitted.
(f) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Outdoor recreation

A place where outdoor recreational activities are offered. The term includes miniature golf, batting cages, water parks, and amusement parks. The term does not include driving ranges and golf courses, parks, shooting ranges, and recreational trails.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, P-1

Vehicle Parking:
1 space for each 3 patrons at maximum capacity, plus 1 for each employee on largest work shift

Supplemental Standards:
(a) Hours of operation. The plan commission may recommend and the town board may establish hours of operation for this use when the operation may negatively affect surrounding properties.
(b) Site design considerations. The site shall be designed to minimize the effects of outdoor lighting and noise on surrounding properties.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Outdoor sales

A place where the merchandise offered for sale is primarily displayed outside of a building or other structure. This term does not include those land uses otherwise defined in this appendix.

Districts Where Allowed Permitted by Right: B-4 Districts Allowed as a Conditional Use: M-1

Vehicle Parking:
1 space for each 5,000 square feet of outdoor display area; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Outdoor shooting range

An outdoor area where patrons shoot guns, such as pistols, rifles, and shotguns, and bow and arrows for target practice. The term includes archery ranges, trap and skeet clubs, and target ranges.

Districts Where Allowed Permitted by Right: P-1

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Hours of operation. An existing or new outdoor shooting range shall only operate between the hours of 9:00 am and 5:00 pm, except that this use restriction shall not apply to (1) a law enforcement officer as defined in s. 165.85(2), Wis. Stats.; (2) a member of the U.S. armed forces; or (3) a private security person as defined in s. 440.26(1m), Wis. Stats., who meets all of the requirements under s. 167.31(4)(a)4, Wis. Stats.
(b) Incidental sales. An outdoor shooting range may offer items for sale or rental as listed in this part provided the totality of such sales and/or rental activity is clearly incidental to the overall operation of the shooting range. The following may be offered for retail sale:

(1) targets,
(2) ammunition,
(3) devices for hearing and eye protection,
(4) other items directly related to the shooting of firearms on the premises, and
(5) pre-packaged food and drink items.

The following may be offered for rental for use on the premises:

(1) devices for hearing and eye protection,
(2) guns, and
(3) other items directly related to the shooting of firearms on the premises as determined by the Town Board.

Overnight lodging

A place where individual guest rooms with private bathrooms are offered to transient guests for rent. This use may also include (1) recreational/fitness rooms and a food service area for the exclusive use of guests and (2) banquet facilities for meetings and other gatherings. The term includes hotels and motels but does not include bed and breakfasts.

Districts Where Allowed Permitted by Right: B-4

Vehicle Parking:
1.5 space for each guest room; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Local license. Prior to the establishment of overnight lodging, the operator shall obtain a license from the Waukesha County Health Department and maintain such license for the life of the use or until the department no longer requires such license.
(b) Location of customer entrance. No customer entrance to the building shall be located within 75 feet of a parcel in a residential zoning district.

Park

A place where primarily outdoor recreational activities may occur. A park may be operated by a public entity for the benefit of the general public or by a homeowners association for the benefit of its members. A park may be developed with recreational facilities or undeveloped. The term includes dog parks and neighborhood recreation centers.

Park-and-ride lot

A designated place where people can park their motor vehicles for a short duration to board public transportation or to carpool or vanpool.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1, M-2, P-1 Districts Allowed as a Conditional Use: B-1

Supplemental Standards:
(a) Road access. The primary access to a park-and-ride lot shall be located in close proximity to a road classified as a major road as depicted on the adopted zoning map.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Party tent

A nonpermanent tent that is associated with a temporary event that is permitted under this chapter.

Petting farm

An operation where the public is invited to pet and touch farm animals, but not exotic animals.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Validity of use. A petting farm must be operated as an ancillary use in conjunction with an active farm operation.
(b) Minimum lot size. The minimum lot size for a petting farm is 10 acres.
(c) Limitation on guests. The number of guests at any point in time shall not exceed 1 guest for each livestock allowed on the property, except the Town Board may allow a larger number as part of the conditional use review process, but not more than 5 per livestock.
(d) Number of livestock. The number of livestock shall not exceed the number otherwise allowed on the subject property.
(e) Road access. The property with a petting farm shall front on and have access to a major road as depicted on the adopted zoning map.
(f) Location of buildings. A building that houses animals shall be located at least 50 feet from any lot line.
(g) Parking areas. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(h) Special provisions in AP district. When located in the AP zoning district, a petting farm must also comply with the requirements set forth in s. 500.226.
(i) Hours of operation. The use may only operate from 9:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(j) Not in a subdivision. This use may not be located within a platted residential subdivision.
(k) Licensing and other approvals. Prior to establishing this use, the property owner shall obtain any licenses and other approvals as may be established by Waukesha County and the state of Wisconsin
(l) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Play structure

A playhouse and recreational equipment, such as swings, slides, basketball hoops, and jungle gyms, normally found in a residential setting or with a group day care center.

Pond

A manmade body of water with a surface area observed or recorded within the last ten years of at least 5,000 square feet that is not otherwise required to meet stormwater requirements of a development project.

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Minimum lot size. The minimum lot size for a pond is 3 acres.
(b) County review authority. A pond may also be subject to the Waukesha County Shoreland and Floodland Protection Ordinance.
(c) Pond design. A pond shall not create flooding, concentrated runoff, inadequate drainage, or unfavorable topography, or restrict navigation in navigable waters.
(d) Technical design standards. A pond must comply with applicable technical design standards published by the Wisconsin Department of Natural Resources and the Natural Resources Conservation Service, including soil investigations, safety shelf, berm design, compaction specifications, inlet/outlet design, and erosion control.
(e) Proximity to property boundary. The water surface of a pond must be at least 50 feet from any lot line.
(f) Proximity to wetlands. The water surface of a pond must be at least 25 feet from any wetland, unless otherwise approved by the Wisconsin Department of Natural Resources as a wetland enhancement.
(g) 100-Year Floodplain. The water surface of a pond must be at least 25 feet from any 100-year floodplain and no land altering activity is allowed within the floodplain. The finished grade around the entire pond must be at least 2 feet above the 100-year flood elevation when any portion of the pond is within 50 feet of a 100-year floodplain.
(h) Groundwater pumping. Groundwater pumping is a prohibited water source for a pond, unless the Town Board determines there is a broad public benefit.

Portable storage container

An enclosed metal container that is used to temporarily store household items and similar goods.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, M-1, M-2, P-1, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Duration. A portable storage container shall not be located on a parcel of land for more than 90 days during any 9-month period.
(b) Location. A portable storage container shall not be located in the front or side yard setback established for the zoning district in which this use occurs, except when placed in a driveway.
(c) Maximum floor area. The cumulative floor area of one or more portable storage containers shall not exceed 250 square feet.
(d) Limitation on use. When located in a residential zoning district, a portable storage container shall only be used to store household goods during an on-site construction/remodeling project or when used to move household goods to another location.

Professional services

A place where services involving predominantly professional, clerical, or similar operations are preformed and where customers may or could come on a regular basis. The term includes law offices, real estate offices, insurance offices, and travel agencies.

Public safety facility

A place where public safety services are offered. The term includes ambulance services, fire stations, police stations, and jails. The term does not include correctional facilities.

Districts Where Allowed Permitted by Right: B-2, B-4, M-1, P-1 Districts Allowed as a Conditional Use: M-2

Vehicle Parking:
1 space for each 500 square feet of gross office area; 1 space for each employee on the largest work shift; plus 1 space for each vehicle normally parked on the premises

Supplemental Standards:
(a) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Railroad line

A linear strip of land with rail tracks and auxiliary facilities for track operation such as signal bungalows. The term does not include passenger stations, freight terminals, loading platforms, train sheds, warehouses, car or locomotive maintenance shops, and switchyards. The term further does not include properties owned by a railroad company that are leased for use by others.

Recreation trail

A place where a linear path may be dedicated to a single recreational use or multiple uses. Examples include hiking trails, bike trails, cross-country ski trails, and horse trails.

Districts Where Allowed Permitted by Right: P-1 Districts Allowed as a Conditional Use: A-P, B-1, B-2, B-4, C-1, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Special provisions in AP district. When located in the AP zoning district, a recreation trail shall also comply with the requirements set forth in s. 500.226.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Recycling center

A place where recoverable materials, which have been previously removed from the waste stream, may be stored prior to shipment to others who use those materials to manufacture new products. Typical recoverable materials include glass, paper, metal, and plastic. The term does not include salvage yard.

Districts Where Allowed Permitted by Right: M-2 Districts Allowed as a Conditional Use: M-1, P-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Special provisions in M-1 district. When a recycling center is located in an M-1 zoning district, all materials and activities, except loading and unloading, shall be conducted entirely within the confines of a building.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Relocatable building

A portable building or enclosed trailer temporarily placed on a parcel that may be used in conjunction with the principal use of the property. For example, relocatable buildings are used to house students during a construction project or accommodate enrollment in excess of the principal building’s design capacity. A mobile home or manufactured home is not considered a relocatable building.

Districts Where Allowed Districts Allowed as a Conditional Use: B-1, B-2, B-4, P-1

Vehicle Parking:
Based on the standard for the principal use

Supplemental Standards:
(a) Required principal use. A relocatable building may only occur with a governmental or institutional use, such as worship facility, library, or school.
(b) Location. A relocatable building shall conform to all setback requirements for the zoning district in which it is located.
(c) Building code. A relocatable building shall conform to all applicable building code requirements.
(d) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Restaurant

A place where food and beverages are offered for retail sale for on-site or off-site consumption, and where the on-site consumption of fermented malt beverages, wine, or liquor, if any, is clearly secondary and subordinate to the sale of food and nonalcoholic beverages. A restaurant may also prepare food as part of a catering business. The term does not include a grocery store with a food service section.

Districts Where Allowed Permitted by Right: B-2, B-4 Districts Allowed as a Conditional Use: B-1, M-1

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of gross floor area devoted to patron service, whichever is greater, plus 1 for each employee on largest work shift

Supplemental Standards:
(a) Lot requirements. The minimum lot area shall be one acre with at least 150 feet in minimum average width.
(b) Special dimensional standards. The building housing this principal use shall be no closer than 50 feet to an agricultural or residential zoning district.
(c) On-site parking. On-site parking shall be provided within 200 feet of the building housing this principal use. No portion of the parking area shall be located closer than 20 feet to a parcel in an agricultural or residential zoning district.
(d) Local license. Prior to the establishment of a restaurant, the operator shall obtain a license from the Waukesha County Health Department and maintain such license for the life of the use or until the department no longer requires such license.
(e) Hours of operation. When allowed as a conditional use, the business may be only operated from 5:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Retaining wall, major

A single retaining wall that is more than 4 feet in height above finished grade, or a series of retaining walls more than 6 feet in total height where the distance between the top of first wall and the base of the second wall is less than twice the height of the second wall.

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Offset. The base of a major retaining wall must be setback from the side or rear lot line a distance that is equal to or greater than twice the height of the retaining wall. For example, if a retaining wall is 3 feet in height, it must be at least 6 feet from the lot line. If an existing retaining wall does not comply with this setback requirement, it may be reconstructed provided it is not enlarged.
(b) Setback. A major retaining wall located in the front yard must be setback from the front lot line at least 6 inches. If an existing retaining wall does not comply with this offset requirement, it may be reconstructed provided it is not enlarged.

Retaining wall, minor

A single retaining wall, less than 4 feet above finished grade, that is constructed to resist the lateral pressure of soil, loose rock, and the like creating a step in the grade of a site.

Retirement home

A place where individuals, generally 62 years of age or older, may occupy independent dwelling units. The units may be rented or owned as in a condominium. This use may include limited on-site commercial and medical facilities for the exclusive use of residents.

Districts Where Allowed Permitted by Right: B-4, P-1 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
1 space for each unit; plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Required green space. If a nursing home is not located in business zoning district, a minimum of 30 percent of the parcel shall remain undeveloped (i.e., landscaped).
(b) Parking lot screening. When an off-street parking lot is located within 20 feet of a parcel in a residential zoning district landscaping, fencing, a berm, or any combination thereof shall be used to effectively screen the parking area from the residential property.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Rural accessory building

A structure so designated consistent with division 15 of article 6 of this chapter.

Sales incidental to industrial use

A place where items manufactured on site are offered for sale as a subordinate use to the manufacturing operation.

Districts Where Allowed Permitted by Right: B-4, M-1 Districts Allowed as a Conditional Use: M-2

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Maximum floor area. The total floor area devoted to indoor sales shall not exceed 25 percent of the total floor area of the building.
(b) Required separation. The area devoted to wholesale/retail sales shall be physically separated from those areas used for industrial purposes by an interior wall.
(c) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(d) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Seasonal product sales

An outdoor area where merchandise typically associated with a seasonal holiday or festival is displayed and offered for sale at retail immediately before the event. Examples of such merchandise include Christmas trees and wreaths for Christmas and pumpkins for Halloween.

Districts Where Allowed Permitted by Right: B-2, B-4 Districts Allowed as a Conditional Use: A-P, B-1, M-1, P-1

Vehicle Parking:
Determined on a case-by-case basis, but not less than 2 when on street parking is not available

Supplemental Standards:
(a) Duration of use. Merchandise shall not be sold any sooner than 30 days prior to the date of the seasonal event. Cleanup and removal of all related items shall be completed within 2 days following the date of the seasonal event.
(b) Placement. This use shall not be located within a vision clearance triangle as set forth in Article 7.
(c) Removal and clean up. Within 24 hours following the termination of the sale, all features associated with the sale and trash and debris of all kinds shall be removed from the site.
(d) Special provisions in AP district. When located in the AP zoning district, seasonal product sales must also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(e) Hours of operation. The use may be only operated from 6:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Service window, drive-up

An opening in a building through which patrons are served while remaining in a motor vehicle.

Districts Where Allowed Permitted by Right: B-4 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Crosswalks. A pedestrian crosswalk shall be marked on the pavement when the lane for a drive-up service window is situated between on-site parking and a building entrance.
(b) Length of queue lane. The lane leading up to a drive-up service window shall be of sufficient length so that at the anticipated customer peak, all motor vehicles waiting in queue will be entirely on the premises.
(c) Location. A drive-up service window shall only be located to the side or rear of the building in which it is located and at least 60 feet from a parcel in a residential zoning district.
(d) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(e) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Service window, walk-up

An opening in a building through which patrons are served while standing outside of the building.

Districts Where Allowed Permitted by Right: B-4 Districts Allowed as a Conditional Use: B-1, B-2, M-1

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Location. A walk-up service window shall not be located within 8 feet of a setback of a front yard, side yard, or rear yard.
(b) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Single-family dwelling

A building containing one dwelling unit that is situated on one lot and is not attached to any other dwelling unit by any means. The term includes manufactured homes, modular homes, panelized homes, pre-cut homes, and site-built homes, but excludes mobile homes.

Districts Where Allowed Permitted by Right: A-P, R-1, RR, UC

Vehicle Parking:
2 spaces

Supplemental Standards:
(a) Number of principal dwellings per parcel. No more than one principal residential building shall occupy any single parcel of land.
(b) Occupancy. A dwelling unit shall be occupied by no more than one family.
(c) Design and construction. A single-family dwelling shall meet the following standards:

(1) The roof shall have a minimum pitch of 4 to 12, except when a flat roof if integral to the architectural style of the dwelling.
(2) Suitable roof coverings include slate, concrete, clay, or ceramic tiles; wood shingles or shakes; or metal, fiberglass, or asphalt shingles; or standing seam panels.
(3) Exterior wall surfaces shall be covered with stucco, wood siding, cement-fiber siding, vinyl siding, metal horizontal lap siding, wood shingles, or a masonry veneer.
(4) An overhang shall extend at least 12 inches beyond the face of the exterior wall, except when integral to the architectural style of the dwelling (e.g., saltbox).
(5) The building shall be set on and anchored to a continuous permanent foundation that extends around its perimeter.

Consistent with the requirements in article 6 of this chapter, the Town Board may approve a special exception authorizing the use of an exterior material not specifically allowed in this part.
(d) Garage required. A two-car garage containing at least 400 square feet shall be built at the same time the single-family dwelling is being constructed. Such garage may be attached or detached.

Solar energy system, building-mounted

An installation that uses sunlight to produce electricity or provide heat or hot water to a building. For the purposes of this code, a solar energy system may be classified as a free-standing system or a building-mounted system.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, M-1, M-2, P-1, Q-1, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Maximum surface area. No portion of a panel used to collect solar energy may extend beyond the roof perimeter or the wall perimeter to which it is attached.
(b) Maximum height. A building-mounted solar energy system shall comply with the maximum height requirements of the zoning district in which the building is located.
(c) Placement on a flat roof. The panels of a solar energy system that are mounted on a flat roof may be either fixed or movable and may be placed at an angle to optimize efficiency of the system.
(d) Placement on a pitched roof. A solar energy system mounted on a pitched roof shall be designed and installed to match the shape, proportion, and slope of the roof.
(e) Placement on a façade. A solar energy system may be mounted on the façade of a commercial building if integrated into the overall design of the building. Such installations shall not project more than 4 feet from the face of the wall.
(f) Certification. A solar panel shall be certified by one of the following: Underwriters Laboratories, Inc.; National Renewable Energy Laboratory; Solar Rating and Certification Corporation; or other recognized body as approved by the zoning administrator. The building inspector may approve the use of a homemade panel.
(g) Approval by electric utility company. If the solar energy system is designed to produce electricity, the property owner shall submit documentation acceptable to the building inspector indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(h) Termination of use. If the zoning administrator determines that more than 50 percent of the panels (measured by total area) have not been operational for a continuous period of 12 months, the administrator shall follow the procedure outlined in article 6 of this chapter relating to the termination of an approval.
(i) Compliance with state law. The provisions in this part are intended to satisfy the requirements of s. 66.0401(1m), Wis. Stats. On a case-by-case basis, if the restrictions of this part are found not to comply with the authority of s. 66.0401(1m), Wis. Stats., they shall not be required. The Town Board shall have the ability to add additional restrictions on a case-by-case basis, provided they are within the authority of the town pursuant to s. 66.0401(1m), Wis. Stats., and in particular the restriction must satisfy one of the following conditions:

(1) Serves to preserve or protect the public health or safety.
(2) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(3) Allows for alternative system of comparable cost and efficiency.

Solar energy system, free-standing

An installation that uses sunlight to produce electricity or provide heat or hot water to a building. For the purposes of this code, a solar energy system may be classified as a free-standing system or a building-mounted system.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, M-1, M-2, P-1, Q-1, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Surface area. The surface area of a free-standing solar energy system must not exceed the area needed to accommodate 120 percent of the site's anticipated power demand.
(b) Maximum height. A free-standing solar energy system shall not exceed 15 feet in height as measured from the surrounding grade.
(c) Setback. A free-standing solar energy system in any position shall not extend into the setback of a front yard, side yard, shore yard, or rear yard as established for the zoning district in which the parcel is located. Pursuant to the procedures and requirements in article 6, the Town Board may approve a special exception to allow a free-standing solar energy system to extend into a setback, offset, or buffer yard when no other location on the parcel is acceptable and the encroachment is the least necessary to allow the system to operate.
(d) Placement in yards. A free-standing solar energy system located in a residential or business zoning district shall only be located in the rear or side yard. Pursuant to the procedures and requirements in article 6 of this chapter, the Town Board may approve a special exception to allow a free-standing solar energy system in the front yard when no other location on the parcel is acceptable and the encroachment is the least necessary to allow the system to operate. A solar panel in an agricultural or manufacturing zoning may be located in any yard area.
(e) Certification. A free-standing solar energy system shall be certified by one of the following: Underwriters Laboratories, Inc.; National Renewable Energy Laboratory; Solar Rating and Certification Corporation; or other recognized body as approved by the zoning administrator. The building inspector may approve the use of a homemade panel.
(f) Approval by electric utility company. If the solar energy system is designed to produce electricity, the property owner shall submit documentation acceptable to the building inspector indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(g) Termination of use. If the zoning administrator determines that a free-standing solar energy system has not been operational for a continuous period of 12 months, the administrator shall follow the procedure outlined in article 6 of this code relating to the termination of an approval.
(h) Compliance with state law. The provisions in this part are intended to satisfy the requirements of s. 66.0401(1m), Wis. Stats. On a case-by-case basis, if the restrictions of this part are found not to comply with the authority of s. 66.0401(1m), Wis. Stats., they shall not be required. The Town Board shall have the ability to add additional restrictions on a case-by-case basis, provided they are within the authority of the town pursuant to s. 66.0401(1m), Wis. Stats., and in particular the restriction must satisfy one of the following conditions:

(1) Serves to preserve or protect the public health or safety.
(2) Does not significantly increase the cost of the system or significantly decrease its efficiency.
(3) Allows for alternative system of comparable cost and efficiency.

Amendment(s): Ordinance 2023-01

Solar power plant

A free-standing solar energy system that constitutes the principal use of the property or that exceeds the limitations established for a free-standing solar energy system as an accessory use.

Commentary: See the 18 series for accessory uses.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, B-2, B-4, M-1, M-2, P-1, Q-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Minimum lot area. A minimum lot area of 3 acres is required for a solar power plant.
(b) Setbacks. Solar panels and other related structures shall not be located within the building setback area. Additional setbacks may be required to mitigate noise and glare impacts, as identified through the site plan review process.
(c) Security fencing. With approval of the Town Board, a security fence (height and material to be established through the site plan review process) may be placed around the perimeter of the solar power plant. If a security fence is installed, knox boxes and keys shall be provided at locked entrances for emergency personnel access.
(d) Identification sign. An identification sign no larger than 18 inches by 24 inches shall be placed in a visible location near the primary entrance of the site that lists (1) the name of the facility owner/operator, (2) a telephone number to contact in case of an emergency, and (3) information relating to potential voltage hazards.
(e) Warning signs. Appropriate warning signs may be placed at the entrance and around the perimeter of the solar power plant project as approved through the site plan review process.
(f) Electric power lines. Power lines within a solar power plant shall be placed underground, except that power lines that leave the project site may be overhead.
(g) Approval by electric utility company. The owner/operator shall submit documentation acceptable to the zoning administrator indicating that the system meets all applicable regulations and requirements of the affected electric utility company.
(h) Landscaping. As part of the site plan review process the Town Board may require appropriate landscaping and/or other screening materials to help screen the solar power plant from public right-of-ways and neighboring residences. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the Town Board may waive this landscape requirement or defer the requirement to a later date.
(i) Outdoor lighting. Lighting of the solar power plant and accessory structures shall be limited to the minimum necessary for site security.
(j) Lease agreement. If the operator of the solar power plant does not own the land where the facility is to be located, the property owner and the operator shall execute a lease agreement prior to any land-disturbing activity. Such agreement shall be binding on future property owners and future operators and shall address the rights and responsibilities of each party with respect to subsections (l) and (m) of this part.
(k) Ongoing maintenance. The subject property shall be maintained and kept in a good condition, so as not to become a nuisance as determined by the Town Board. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, and other improvements. Additionally, the site shall be kept clear of junk and debris.
(l) Termination of approval. If the zoning administrator determines that the solar power plant is unsafe or otherwise defective or that the site has not produced any electricity for a continuous period of 12 months, the administrator shall follow the procedure outlined in article 6 relating to termination of the approval. Within 90 days after the date of termination, the property owner shall remove the solar power plant and all related equipment and improvements and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the specified period, the town shall have the right to use the financial guarantee as required by this part to pay for such work.
(m) Financial guarantee. Prior to issuance of a building permit authorizing construction of a solar power plant, the applicant shall submit a financial guarantee in the amount of $20,000.00 to the town subject to the requirements in division 4 of article 5. ^[1] The financial guarantee shall be held until the solar power plant and related improvements are removed and the site restored to the satisfaction of the zoning administrator.
(n) Special provisions in AP district. When located in the AP zoning district, a solar power plant shall also comply with the requirements set forth in s. 500.226.
(o) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.
__________________________________________
[1] Commentary: See s. 66.0404(4)(i), Wis. Stats.

Solid waste transfer station

A place where solid waste may be temporarily stored prior to transport to a processing plant or to final disposal.

Districts Where Allowed Permitted by Right: M-2 Districts Allowed as a Conditional Use: M-1, P-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Location of materials and activities. All materials and activities, except loading and unloading, shall be conducted entirely within the confines of a building.
(b) Distance to specified features. A solid waste transfer station shall not be located within 600 feet of a residential zoning district, an educational facility, a worship facility, or any other place where the public congregates.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Special event

Storage container

An enclosed metal container exceeding 900 cubic feet typically used to temporarily store merchandise.

Districts Where Allowed Districts Allowed as a Conditional Use: B-1, B-2, B-4, M-1, M-2

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Location. A storage container in a business zoning district shall be located behind the back of the principal building but not within offsets or in a parking area required by this code.
(b) Stacking prohibited. Storage containers shall not be stacked one on top of another.
(c) Character. A storage container shall be structurally sound and in good repair.
(d) Signage. A storage container shall not be used for signage.
(e) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Stormwater management facility

A natural or manmade feature that collects, conveys, channels, holds, inhibits, or diverts the movement of stormwater.

Districts Where Allowed Permitted by Right: B-1, B-2, B-4, M-1, M-2, P-1, Q-1, R-1, RR Districts Allowed as a Conditional Use: A-P, C-1, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Special provisions in AP district. When located in the AP zoning district, a stormwater facility shall also comply with the requirements set forth in s. 500.226.
(b) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Street

A surfaced travelway for motor vehicles that is located within an easement or right-of-way.

Swimming pool

A structure placed on the ground surface or below-ground that is filled with water for swimming. The term does not include those pools that are less than 15 feet in diameter and which are taken down and stored in the off-season.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Location. A swimming pool shall not be located closer than 10 feet to the principal structure, shall not be located in a front yard, and must follow setback and offset regulations. A swimming pool shall have a horizontal separation distance of at least 15 feet from any septic tank or soil absorption field. The inside wall of the pool shall be located at least 10 feet from the vertical plane formed by the electrical wire perpendicular to the ground surface. Pumps and filter equipment shall be located at least 20 feet from a lot line.
(b) Decking. Surfaced terraces, sun decks, and walks that are accessory to a private residential pool shall be at least 5 feet from a lot line.
(c) Draining of water. Water that is drained out of a swimming pool shall not flow onto adjoining property, into a wetland, or into a sanitary sewer without the approval of the public works director or equivalent.
(d) Area. The area occupied by a swimming pool and hot tub shall not exceed 30 percent of the area of the parcel of land.
(e) Design specifications. A swimming pool shall meet the most current standards published by the National Spa and Pool Institute (NSPI) and the American National Standards Institute (ANSI) including those for plumbing, electrical service, sanitation, fencing, security, and safety.
(f) Fencing. Pools, not higher than 3.5 feet above the ground, shall be completely fenced to prevent the unregulated entrance to the pool area. The secure fence shall be constructed of chain link, wood, or other similar material acceptable to the Town Board and shall be at least 3.5 feet in height. If the pool is partially less than 3.5 feet in height, the area less than 3.5 feet must be fenced as described in this part. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate.

Tattoo establishment

A place where a tattooist applies a tattoo to another individual.

Districts Where Allowed Districts Allowed as a Conditional Use: B-2, B-4, M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Locational standards. A tattoo establishment shall not be located within 600 feet of another tattoo establishment or a body-piercing establishment. For the purpose of this part, such distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest portion of the exterior wall of the building containing the tattoo establishment to the outer wall of the building containing the other specified land use. If one or both of the specified land uses are located in a multi-tenant building (e.g., shopping center), the measurement shall be taken from the outer boundary of such space (i.e. from the outer edge of the party wall or the outer wall). The presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of applying the separation requirements of this part.
(b) Sale of alcohol. A tattoo establishment shall not also sell, distribute, or allow consumption of alcoholic beverages on the premises.
(c) Building standards. A patron who is being tattooed shall not be visible from the exterior of the building through any window or entrance to the building.
(d) State license. Prior to the establishment of a tattoo establishment, the operator shall obtain a license from the state as required by state law and maintain such license for the life of the use or until the state no longer requires such license. In addition, each practitioner shall obtain a license from the state as required by state law and maintain such license while at the establishment or until the state no longer requires such license.
(e) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Tavern

A place where fermented malt beverages, wine, or liquor are offered for retail sale for on-site consumption and where food consumption, if any, is clearly secondary and subordinate to the sale of alcoholic beverages. The term includes bars, drinking establishments, sports bar, and lounges.

Districts Where Allowed Permitted by Right: B-2, B-4 Districts Allowed as a Conditional Use: B-1, M-1

Vehicle Parking:
1 space for each 3 patron seats or 1 space for each 300 square feet of gross floor area devoted to patron service, whichever is greater, plus 1 for each employee on largest work shift

Supplemental Standards:
(a) Lot requirements. The minimum lot area shall be one acre with at least 150 feet in minimum average width.
(b) Special dimensional standards. The building housing this principal use shall be no closer than 50 feet to an agricultural or residential zoning district.
(c) On-site parking. On-site parking shall be provided within 200 feet of the building housing this principal use. No portion of the parking area shall be located closer than 20 feet to a parcel in an agricultural or residential zoning district.
(d) Local license. Prior to the establishment of a tavern, the operator shall obtain a license from the town in which the use is located and maintain such license for the life of the use or until the license is no longer required.
(e) Compliance with state requirements. A tavern shall comply with requirements as may be adopted by the state of Wisconsin.
(f) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Telecommunication collocation (class 1)

The placement of a new mobile service facility on an existing support system which constitutes a substantial modification.

Telecommunication collocation (class 2)

The placement of a new mobile service facility on an existing support system which does not constitute a substantial modification.

Telecommunication tower

A free-standing tower with or without an equipment compound that is intended for the placement of one or more mobile service facilities.

Vehicle Parking:
1 space

Supplemental Standards:
(a) Legislative findings. The town board makes the following legislative findings with regard to telecommunication towers providing mobile telecommunication services:
(1) The state legislature passed 2013 Wisconsin Act 20 (Section 1269(I)) that imposed limits on local municipalities with respect to regulating telecommunication facilities within their jurisdictions.
(2) The federal government adopted the Telecommunications Act of 1996 which established various requirements relating to telecommunication facilities.
(3) The regulations in this part are intended to promote the public health, safety, and welfare, while at the same time not unduly restricting the development of needed telecommunications facilities.
(4) The regulations in this part are intended to accomplish the following purposes, to the fullest extent permitted by law:

(i) protect the visual character of the town from the potential adverse effects of telecommunication facilities;
(ii) ensure that a competitive and broad range of telecommunications services and high-quality telecommunications infrastructure are provided;
(iii) create and preserve telecommunication facilities that will serve as an important and effective part of the town’s emergency response network;
(iv) minimize the number of towers by requiring collocation; and
(v) avoid damage to adjoining properties by establishing setback standards.

(b) Federal requirements. A telecommunication tower shall comply with all applicable requirements of the Federal Communications Commission, the Federal Aviation Administration, and any other federal agency with authority to regulate telecommunication facilities. In the event of a conflict between federal law and this part, federal law shall prevail.
(c) Single parcel. The fall zone and all structures related to the telecommunication facility shall be located on a single parcel, including the tower, equipment compound, and anchor points for a guyed tower.
(d) Setbacks. The center of the tower shall not be located closer to a property boundary line than the height of the tower. If the lot hosting the proposed tower is not located adjacent to a parcel where a single-family residence may be located and the applicant submits an engineering certification with the application that show the fall zone is smaller than this distance, the fall zone shall be the smaller calculated area, unless the town provides the applicant with substantial evidence that the engineering certification is flawed. The fence around anchor points for a guyed tower shall be located at least 25 feet from a property boundary line.
(e) Security fencing. A tower and related equipment compound consisting of equipment buildings, shelters, and cabinets, shall be enclosed by a security fence (height and material to be established through the site plan review process). If the tower is a guyed tower, each of the anchor points shall be enclosed by a security fence.
(f) Lighting. A tower or any attachment shall not be artificially lighted, except when specifically required by a state agency, the Federal Aviation Administration, or another federal authority. Such required lighting shall be the least obtrusive to the surrounding views.
(g) Aesthetic requirements. All users of the town right-of-way shall comply with the following aesthetic standards:

(1) In areas where facilities are currently nonexistent or underground, undergrounding is required.
(2) No new above ground structures, including co-locations on existing structures, shall be placed within 500 feet of historic structures or historic districts designated by the National Register of Historic Places in Wisconsin or listed on the State Register of Historic Places. The 500-foot separation is waived for installations that are completely concealed from view, or are not visible from locations where the historic structure can be observed.
(3) Attachments to existing structures shall be designed to be flush with the existing structure as much as can reasonably be done, shall be a color that matches the existing structure and shall be the smallest size possible to reasonably accommodate the intended purpose. If the structure to which the attachment is made changes color due to repainting, resurfacing or other means, the attachment shall be modified to match the new color.
(4) Any party objecting to the requirements of this subsection shall have an opportunity to demonstrate that the requirement constitutes an effective prohibition in violation of State or Federal law as set forth in s. 500.331.

(h) Equipment buildings. The exterior of equipment buildings, shelters, and cabinets exceeding 1,500 cubic feet shall be covered with building materials typically used on buildings found in the area.
(i) Emergency power system. A backup generator may be placed within the equipment compound.
(j) Identification sign. An identification sign no larger than 18 inches by 24 inches shall be placed in a visible location near the base of the tower that lists (1) the name of the tower owner, (2) the Federal Communications Commission identification number, and (3) a telephone number to contact in case of an emergency.
(k) Accommodation of other users on new towers (co-location). A tower over 150 feet in height, along with the tower site and all support facilities and appurtenances, shall accommodate at least two additional users, unless the zoning administrator determines that evidence presented by the tower operator demonstrates it is not technically feasible to do so. Further, the tower operator and their successors in interest shall allow other users to use the tower, the tower site, support facilities, and appurtenances at fair market rates as negotiated by those parties. If the Town Board determines the tower operator has made access to the tower and tower site unfeasible, the zoning administrator shall notify the tower operator via registered mail of such determination. If the tower operator does not take corrective action within 45 days of such determination, the permit for that tower shall become null and void and the tower shall be removed and the site restored within 90 days of such determination.
(l) Requirement for collocation. A new tower shall only be permitted if the applicant demonstrates with a sworn statement that collocation on an existing or planned tower 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. If the applicant does not provide such analysis and sworn statement, the application for a new tower shall be denied.
(m) Collocation review. The collocation of an antenna or antenna array on an existing tower is permitted subject to site plan, building plan, and plan of operation review.
(n) Landscaping. Landscaping shall be placed around the equipment enclosure and anchor points for guyed towers consistent with a landscaping plan as approved by the Town Board. After reviewing the location of the facility and the visibility of the facility from public right-of-ways and adjoining properties, the Town Board may waive this landscape requirement or defer the requirement to a later date.
(o) Lease agreement. If the operator of the telecommunication tower does not own the land where the facility is to be located, the property owner and the operator shall execute a lease agreement prior to any land-disturbing activity. Such agreement shall be binding on future property owners and future operators and shall address the rights and responsibilities of each party with respect to subs. (p) and (q) of this part.
(p) Ongoing maintenance. The subject property shall be maintained and kept in a good condition, so as not to become a nuisance as determined by the Town Board. Proper maintenance includes regular lawn and landscaping care, and painting and regular care of building(s), fences, towers, and other improvements. Additionally, the site shall be kept clear of junk and debris.
(q) Termination of approval. If the zoning administrator determines that the tower is unsafe or otherwise defective or that the tower has not hosted an operational antenna for a continuous period of 12 months, the administrator shall follow the procedure outlined in article 6 relating to termination of the approval. Within 90 days after the date of termination, the property owner shall remove the tower, equipment cabinets, and all related equipment and improvements that are part of its communication facilities and restore the site to the satisfaction of the zoning administrator. In the event such work is not done within the specified period, the town shall have the right to use the financial guarantee as required by this part to pay for such work.
(r) Financial guarantee. Prior to issuance of a building permit authorizing construction of a tower, the applicant shall submit a financial guarantee in the amount of $20,000.00 to the town subject to the requirements in division 4 of article 5. The financial guarantee shall be held until the tower and related improvements are removed and the site restored to the satisfaction of the zoning administrator.
(s) Third-party consultant. The zoning administrator may, at the applicant’s expense, hire a third-party consultant to conduct an objective analysis of the submitted materials including the application, calculation of the fall zone, and certification that collocation is not possible. The third-party consultant may not charge the applicant for any travel expenses incurred in such review.
(t) Duration of approval. The approval authorizing a telecommunication tower shall run with the land and shall be binding on successors in interest.
(u) Special provisions in AP district. When located in the AP zoning district, a telecommunication tower shall also comply with the requirements set forth in s. 500.226.

Truck terminal

A place where goods carried by motor transport are received and temporarily stored until transferred to another truck for delivery.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Setback of outdoor storage area. Outdoor storage areas and other activity areas shall be located at least 100 feet from a parcel in a residential zoning district.
(b) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed to the satisfaction of the reviewing authority.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

U-Cut Christmas tree operation

A place where customers can harvest their own Christmas tree.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Minimum lot size. The minimum lot size for a U-cut Christmas tree operation is 10 acres.
(b) Ancillary retail sales. Aside from the sale of Christmas trees and wreaths, no other retail sales are allowed.
(c) Parking areas. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(d) Special provisions in AP district. When located in the AP zoning district, a U-cut Christmas tree operation must also comply with the requirements set forth in s. 500.226.
(e) Hours of operation. The use may only operate from 9:00 am to 30 minutes past sunset.
(f) Not in a subdivision. This use may not be located within a platted residential subdivision.
(g) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

U-Pick operation

A farm operation where customers can pick or harvest fruits and vegetables directly from the plants grown on the premises.

Districts Where Allowed Districts Allowed as a Conditional Use: A-P, RR

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Minimum lot area. The minimum lot area for a u-pick operation is 10 acres.
(b) Ancillary retail sales. Aside from the sale of products grown on site, no other retail sales are allowed.
(c) Parking areas. Parking areas shall be located and configured so as to minimize potential conflicts with surrounding properties.
(d) Special provisions in AP district. When located in the AP zoning district, a U-pick operation must also comply with the requirements set forth in s. 500.226.
(e) Hours of operation. The use may only operate from 9:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(f) Not in a subdivision. This use may not be located within a platted residential subdivision.
(g) Application fee. This use is classified as a Type 1 conditional use in the fee schedule.

Amendment(s): Ordinance 2023-01

Utility cabinet

A ground-mounted pedestal, junction box, cabinet, or similar feature that a service provider uses to provide telephone, electric, natural gas, cable television, cable Internet, or similar public service. A utility cabinet may be located within a public right-of-way or on private property.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, C-1, M-1, M-2, P-1, Q-1, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Number limited. No more than 4 utility cabinets shall be located on a parcel of land. Five or more utility cabinets on a parcel of land shall be considered a minor utility installation. A utility cabinet is considered an accessory use in all situations and may be placed on private property and public property, such as a public right-of-way.
(b) Setbacks. A utility cabinet is exempt from yard setback standards as may be established for the zoning district in which this use is located.
(c) Placement on public property. Prior to establishing a utility cabinet on public property under the jurisdiction of the town, county, or state, the operator shall obtain all approvals as may be required by the governmental entity having jurisdiction.
(d) Placement on private property. Prior to establishing a utility cabinet on private property, the operator and property owner shall establish a proper lease or easement governing the use of the property for this purpose and submit the same to the zoning administrator for his or her approval.
(e) Placement in a stormwater easement. Prior to establishing a utility cabinet within a stormwater management easement under the jurisdiction of the town, county, or state, the operator shall obtain all approvals as may be required by the governmental entity having jurisdiction.
(f) Screening. The reviewing authority may require landscaping or other screening as deemed appropriate.

Utility installation, major

A place, building and/or structure, or portion thereof, whether public or private, used or is intended for providing basic infrastructure or utility services and which could potentially have a moderate to high impact on neighboring property. The term includes pipeline pumping stations, sewage treatment plants, electric substations, water towers, electric transmission lines with a design capacity of 110 kilowatts or more, and underground pipelines.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: A-P, B-2, B-4, C-1, P-1, Q-1, R-1, RR, UC

Vehicle Parking:
Determined on a case-by-case basis

Supplemental Standards:
(a) Setbacks. A free-standing tower (e.g., water tower) or other similar structure shall not be located closer to a property boundary line than the height of the structure. If an applicant submits an engineering certification with the application that show the fall zone is smaller than this distance, the fall zone shall be the smaller calculated area, unless the town provides the applicant with substantial evidence that the engineering certification is flawed.
(b) Special provisions in AP district. When located in the AP zoning district, a major utility installation shall also comply with the requirements set forth in s. 500.226.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Utility installation, minor

A utility installation generally having low impact on neighboring property. The term includes public water system wells, without a tower; below ground sewer lift stations; and stormwater pumping stations. The term does not include utility cabinets, which are classified as an accessory use (Series 18).

Utility maintenance yard

A place where a public or private entity maintains administrative offices, equipment, and supplies necessary for maintaining the infrastructure it provides.

Districts Where Allowed Permitted by Right: M-1, M-2, P-1 Districts Allowed as a Conditional Use: B-4, Q-1

Vehicle Parking:
1 space for each employee on the largest work shift

Supplemental Standards:
(a) Outdoor storage. Outdoor storage areas and other activity areas shall be located at least 100 feet from a parcel in a residential zoning district and 20 feet from a parcel in a business zoning district.
(b) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed to the satisfaction of the reviewing authority.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Vehicle fuel station

A place where fuels for cars, motorcycles, and light trucks are offered for retail sale. Ancillary uses are limited to the retail sale of food and beverages and light maintenance activities, such as engine tune-ups, lubrication, and minor repairs. The term does not include truck stops or similar uses.

Districts Where Allowed Districts Allowed as a Conditional Use: B-2, B-4, M-1, M-2

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Restroom facilities. If a vehicle fuel station provides restroom facilities, the door to each restroom shall be accessed from within the interior of the building in which they are located.
(b) Pump island canopies. Pump island canopies shall not exceed 22 feet in height.
(c) Special setbacks. The following setbacks shall apply to a vehicle fuel station:

(1) A fuel pump shall be located at least 50 feet from a parcel in a residential zoning district and at least 30 feet from a parcel in a nonresidential zoning district.
(2) A fuel pump shall be located at least 15 feet from the base setback line.
(3) A pump island canopy shall be located at least 18 feet from all lot lines.
(4) Outdoor lighting shall not create a hazard to traffic or be a nuisance to surrounding property.

(d) Hours of operation. When allowed as a conditional use, the business may be only operated from 8:00 am to 12:00 am (midnight). The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(e) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Vehicle repair shop

A place where motor vehicles, such as cars, motorcycles, and light trucks, are typically left overnight for maintenance, service, or repair. Typical services include transmission repair, body work and painting, vehicle upholstery, engine repair and overhauls, and similar activities. (in contrast see vehicle service shop)

Districts Where Allowed Permitted by Right: B-4, M-1, M-2 Districts Allowed as a Conditional Use: B-2

Vehicle Parking:
1 space for each service bay; plus 1 for each employee on the largest work shift

Supplemental Standards:
(a) Work area. Motor vehicles shall not be serviced or repaired outside of the principal structure intended for such use, except when this use is located in a manufacturing zoning district.
(b) Vehicle storage. When a vehicle repair shop is located in a business zoning district, no more than 10 motor vehicles shall be stored out-of-doors overnight. When located in a manufacturing zoning district, there is no limitation on the number of motor vehicles that can be stored overnight. Storage of unlicensed vehicles is prohibited.
(c) Hours of operation. When allowed as a conditional use, the business may be only operated from 8:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(d) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Vehicle sales and rental

A place where new and used cars, light trucks, motorcycles, mopeds, snowmobiles, recreational vehicles, and all-terrain vehicles (ATVs) are offered for rent, sale, lease, or exchange, or are taken on consignment. This use may include the repair of such vehicles as a subordinate use.

Districts Where Allowed Permitted by Right: B-4, M-1

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Show room. An indoor vehicle display area shall be provided that is at least 12 feet by 20 feet. If only motorcycles are sold, the indoor vehicle display area shall be large enough to display at least 3 motorcycles.
(b) State license. Prior to the establishment of this use, the operator shall obtain a license from the state as required by state law and maintain such license for the life of the use or until the state no longer requires such license.
(c) Setback for display area. Display areas and other activity areas shall be located at least 30 feet from a parcel in a residential zoning district and 10 feet from a parcel in a business zoning district.
(d) Hours of operation. When located in any zoning district other than the B-4 district, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

Vehicle service shop

A place where motor vehicles, such as cars, motorcycles, and light trucks, are serviced while the owner waits and typically are not left overnight. Examples include quick lube/oil change facilities, tire stores, car washes, and vehicle detailing. (In contrast see vehicle repair shop)

Districts Where Allowed Permitted by Right: B-4, M-1, M-2 Districts Allowed as a Conditional Use: B-2

Vehicle Parking:
1 space for each service bay; plus 1 for each employee on the largest work shift

Supplemental Standards:
(a) Limitations. Motor vehicles shall not be serviced or repaired outside of the principal structure intended for such use, except when this use is located in an industrial zoning district.
(b) Hours of operation. When allowed as a conditional use, the business may be only operated from 8:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Veterinary clinic

A place where medical services for small and large animals are offered. This use may include office space, medical labs, appurtenant facilities, and indoor and outdoor enclosures for animals under the immediate medical care of a veterinarian.

Districts Where Allowed Permitted by Right: B-4, M-1, M-2 Districts Allowed as a Conditional Use: A-P, B-1, B-2

Vehicle Parking:
1 space for each 300 square feet of gross floor area

Supplemental Standards:
(a) Minimum lot size. When a veterinary clinic keeps large animals on-site for treatment the minimum lot size is 5 acres.
(b) Placement of features. Any building used to house animals shall be at least 50 feet from a residential zoning district. Any outdoor area where animals may be kept shall be at least 100 feet from a residential zoning district.
(c) Special provisions in AP district. When located in the AP zoning district, a veterinary clinic shall also comply with the requirements set forth in s. 91.01(1), Wis. Stats.
(d) Hours of operation. When allowed as a conditional use, the business may be only operated from 6:00 am to 9:00 pm. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.
(e) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Warehouse

A place where goods, merchandise, and other materials are temporarily stored for eventual shipment. The term includes moving and storage facilities. The term does not include bulk fuel storage.

Districts Where Allowed Permitted by Right: M-1, M-2 Districts Allowed as a Conditional Use: B-4

Vehicle Parking:
1 space for each employee on the largest work shift; plus 1 space for each fleet vehicle parked on site

Supplemental Standards:
(a) Setback of outdoor storage area. Outdoor storage areas and other activity areas shall be located at least 100 feet from a parcel in a residential zoning district.
(b) Control of fugitive dust. As part of the site plan/operation plan review process, the control of fugitive dust generated by this use, if any, shall be addressed to the satisfaction of the reviewing authority.
(c) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Wind test tower

A temporary tower on which equipment is attached that measures parameters needed to assess the site’s suitability for a wind energy system.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, C-1, M-1, M-2, P-1, Q-1, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
Pursuant to s. 66.0401(3), Wis. Stats., there are no standards or requirements for the establishment of a wind test tower or similar testing facility. If the Plan Commission and/or Town Board determines that the anticipated or actual testing is detrimental to the public health, safety, or welfare, such bodies may, individually or jointly, submit a written petition to the Public Service Commission requesting the imposition of reasonable restrictions on such use.

Work/live dwelling unit

A dwelling unit located in a building also housing a business. The work/live dwelling unit is an accessory use to the business and its use is limited to the business operator or a household that includes the business operator.

Districts Where Allowed Districts Allowed as a Conditional Use: B-1, B-2, B-4

Vehicle Parking:
2 spaces for each residential unit

Supplemental Standards:
(a) Number. No more than one work/live dwelling unit shall be located on the subject property.
(b) Occupancy. A work/live dwelling unit shall be occupied and used only by the operator of the business, or a household of which at least one member shall be the business operator. If the business operator ceases to occupy the work/live dwelling unit for more than 12 months, the floor area of the work/live dwelling unit shall be converted to business purposes. If both the business area and the work/live dwelling unit are unoccupied, the work/live dwelling unit may remain during the vacancy.
(c) Sale or rental of portions of unit. No portion of a building with a work/live dwelling unit may be rented, leased, sold, or otherwise conveyed to any person not living in the work/live dwelling unit.
(d) Prohibited uses. A work/live dwelling unit shall not be established or used in conjunction with any of the following activities even if otherwise permitted in the zoning district:

(1) adult-oriented establishment;
(2) motor vehicle or heavy equipment maintenance or repair;
(3) any use that stores or uses flammable liquids or hazardous materials beyond that normally associated with a residential use; and
(4) any use, as determined by the reviewing authority, that is likely to not be compatible with residential activities because of the type of materials or processes used in the business operation or the presence of dust, glare, heat, noise, gasses or other emissions, odor, smoke, vibration or any other similar or related condition created by the business operation.

(e) Floor area. The floor area of a work/live dwelling unit shall not exceed 30 percent of the floor area of the entire building in which the unit is located, or 1,200 square feet, whichever is less. The remaining floor area shall be reserved and regularly used for business purposes.
(f) Exterior door. There shall be an exterior entrance door to the work/live dwelling unit that is clearly separated from the entrance to the business.
(g) Restriction on future land division changes to lot lines. The subject property shall not be subdivided or otherwise divided by any means so long as the live/work dwelling unit is being occupied for residential purposes. Further, the location of the lot lines shall not be altered by any means without the written approval of the town board upon a recommendation of the plan commission.
(h) Imposition of conditions. The reviewing authority may establish conditions of approval that in the opinion of the reviewing authority, are needed to ensure the work/live dwelling unit is compatible with the business on the subject property and the commercial or industrial use of other properties in the vicinity.
(i) Deed restriction. Prior to the establishment of a work/live dwelling unit, the property owner shall file a deed restriction in the Waukesha County register of deeds office, acceptable to the zoning administrator, that includes one or more of the use or operational requirements contained in this part and other provisions deemed appropriate by the zoning administrator or other reviewing authority.
(j) Required findings. As part of the review process, the reviewing authority shall only approve a work/live dwelling unit after making a positive finding for all of the following requirements:

(1) The building containing the work/live dwelling unit contains a bona fide business that is otherwise permitted in the district in which it is located.
(2) The establishment of the work/live unit dwelling unit will not conflict with or inhibit permitted business uses in the area.

(k) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Worship facility

A place where people can regularly assemble for religious worship and associated activities and which is operated by an entity with tax-exempt status. The term includes sanctuaries, chapels, cathedrals, churches, synagogues, and temples and other onsite accessory buildings such as parsonages, friaries, convents, fellowship halls, and rectories. The term does not include day care centers, community recreation facilities, dormitories, private educational facilities, emergency shelters, and health care facilities.

Districts Where Allowed Permitted by Right: B-4, M-1, P-1 Districts Allowed as a Conditional Use: A-P, B-1, B-2, RR

Vehicle Parking:
1 space for each 4 seats at maximum capacity, plus 1 space for each employee on the largest work shift

Supplemental Standards:
(a) Required green space. If a worship facility is not located in business zoning district, a minimum of 50 percent of the parcel shall remain undeveloped (i.e., landscaped).
(b) Road access. The primary access to a worship facility with 600 seats or more shall be off of a road classified as a major road as depicted on the adopted zoning map.
(c) Offset. The offset for any buildings shall be two times the standard offset for the zoning district in which this use is located.
(d) Special provisions in AP district. When located in the AP zoning district, a worship facility shall also comply with the requirements set forth in s. 500.226.
(e) Application fee. This use is classified as a Type 2 conditional use in the fee schedule.

Yard sale

A temporary event where used household items are offered for sale.

Districts Where Allowed Permitted by Right: A-P, B-1, B-2, B-4, P-1, R-1, RR, UC

Vehicle Parking:
On-site parking not required

Supplemental Standards:
(a) Required principal use. A yard sale shall only occur with a principal residential use or with a governmental or institutional use, such as a worship facility, library, or school.
(b) Duration. A yard sale shall not be operated for more than 4 consecutive days. There shall be at least 60 days between the last day of a yard sale and the first day of a subsequent yard sale.
(c) Hours of operation. The use may be only operated from 6:00 am to 30 minutes past sunset. The Town Board may, however, allow extended hours as a special exception after reviewing the location of the use on the subject property and/or proximity to other existing and potential land uses.

Zoning Code | Land Uses