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HomeMy Public PortalAboutMaster Plan Commission Meeting PacketPLAN COMMISSION MEETING PACKET TL EMDAY, MARCH 3, 2020 6:00 P.M CITY OF RHINE ER 135 S. Stevens St, Rhinelander, WI City Hall; Meeting Room 1 n Commission Chair: Mayor Chris .Frederickson City Administrator: Daniel Guild Packet assembled by: -sion Secretary Theresa Lassig CITY OF RHINELANDER PLAN COMMISSION MEETING NOTICE TUESDAY, MARCH 3, 6:00 P.M. City Hall; 135 S. Stevens Street; 2nd Floor Meeting Room The next meeting of the Plan Commission, consisting of seven (7) members, shall be convened at the location and time identified above, to transact the Commission's business, of which topics will be identified, posted for public review, and distributed to local media, no later than 24 hours prior to the scheduled start of the meeting. TO: Mayor Chris Frederickson; District 1 Alderperson George Kirby; District 2 Alderperson Andrew Larson; Commissioner Sandra Bergman, Commissioner Russ Brown, Commissioner Jenny Bonardelli, and Commissioner Matt Wocelka. CC: City Administrator Daniel Guild, Fire Chief Terry Williams, Public Works Dan Hekrdle, Parks Director Jeremy Biolo. ATTENTION: PLEASE RSVP REGARDING YOUR ATTENDANCE; ABSENCE ONLY, SO WE CAN ENSURE WE HAVE ENOUGH OFFICERS PRESENT FOR QUORUM. ATTENTION: IT IS POSSIBLE A QUORUM OF OTHER CITY BOARDS, COMMITTEES, AND/OR COMMISSIONS WILL BE AT THIS MEETING TO GATHER INFORMATION ABOUT A SUBJECT MATTER, WHICH THEY HAVE SOME DECISION -MAKING RESPONSIBILITY. A PRESENCE OF A QUORUM FROM ANOTHER BODY POLITIC WOULD ALSO CONSTITUTE A PUBLIC MEETING PURSUANT TO STATE EX REL BADKE V GREENDALE VILLAGE BOARD. THOUGH A QUORUM OF MEMBERS WOULD CONSTITUTE AN OFFICIAL MEETING, THERE WILL BE NO OFFICIAL ACTIONS TAKEN BY ANY BODY POLITIC, OTHER THAN FROM THE PLAN COMMISSION, AND ITS MEMBERS. NO OTHER PUBLIC ENTITIES HAVE DRAFTED AGENDAS OR HAVE PLANS TO PERFORM ANY BUSINESS CONCURRENT WITH THIS MEETING. ATTENTION: PURSUANT TO THE AMERICANS WITH DISABILITIES ACT, REASONABLE ACCOMMODATIONS WILL BE PROVIDED FOR QUALIFIED INDIVIDUALS WITH DISABILITIES UPON REQUEST. PLEASE CALL CITY HALL AT 715-365-8600 WITH SPECIFIC INFORMATION REGARDING YOUR NEEDS REQUEST, ALLOWING FOR ADEQUATE TIME TO RESPOND TO YOUR REQUEST. T1/eresa Ltssis THERESA LASSIG, COMMISSION CLERK Posted (City Hall): February 25, 2020 Posted/Media: February 25, 2020 Published: February 25, 2020 CITY OF RHINELANDER PLAN COMMISSION MEETING AGENDA TUESDAY, MARCH 3, 2020 - 6:00 P.M. City Hall; 2"`' Floor Meeting Room * 135 S. Stevens St., Rhinelander, WI This meeting of the Plan Commission, consisting of seven (7) members, shall be convened at the location and time identified above, to transact the Commission's business, pursuant to Rhinelander Code of Ordinances Chapter 2.01.12. The monthly meeting of the Plan Commission shall consist of the following Agenda. OFFICIAL ACTION MAY BE TAKEN ON ANY AGENDA ITEM. 1. CALL TO ORDER. 2. ROLL CALL. 3. CHAIRPERSON'S WELCOME. 4. APPEARANCES BY CITIZENS, PUBLIC COMMENT. a. Acknowledge receipt of letter from Jeffrey Herren & Nancy Richmond regarding pedestrian crossing requests. 5. APPROVAL OF PRIOR MEETING MINUTES FROM 1/7/2020. 6. MAP AMENDMENT REZONE REQUEST: Discuss/Approve/Disapprove Map Amendment Rezone request for Five Sisters Coffee, LLC, Sandy Buss, 634 S. Keenan Street, Rhinelander, agent for Oneida County , 1 South Oneida Avenue, Rhinelander, owner of property located at 630 South Keenan Street (RH 945), Rhinelander, is requesting a Map Amendment Zoning Change for 630 South Keenan Street (RH 945). Present zoning is R-2 (Two-family Residential District); proposed zoning is B- 1 (Community Shopping District); for the purpose of adding additional parking area for current business. 7. SITE PLAN APPROVAL: Discuss/Approve Disapprove Site Plan Approval for property located at 630 S. Keenan Street, to allow for additional parking for the business located at 634 S. Keenan Street. 8. PLANNING CONSULTANT: Mark Rollers, MD Rollers, will be present to update/review/discuss progress on rezoning and zoning code project. 9. INSPECTION DEPARTMENT: Monthly Report 10. CITY ADMINISTRATOR: Monthly Report 11. MAYOR: Monthly Report 12. MISCELLANEOUS BUSINESS & FUTURE AGENDA REQUESTS. 13. CALENDAR. a. Common Council 3/9 @ 6:00 p.m. b. Common Council 3/23 @ 6:00 p.m. c. Plan Commission 4/7 @ 6:00 p.m. 14. ADJOURNMENT/ NOTICE TO CITIZENS. Due to requirements contained in the Wisconsin Open Meetings Law, only those matters placed on this agenda may be considered by the Plan Commission at this meeting. If any member of the public desires that the Plan Commission consider a matter not included on this agenda, he or she should contact the Mayor or the City Administrator to have the matter considered for placement on a future Commission agenda. APPENDIX Plan Commission Handbook: hops://www.uwsp.edu/cnr-ap/clue/Pages/publications-resources/PlanCommissions.aspx Zoning Board Handbook: https://www.uwsp.cdu/cnr-ap/clue/Pages/publications-resourccs/Zoning.aspx Media wotified avid posted this 25"day of Febrcnary 2020 by Theresa Lassi9, Secretary, plate Covnvnission. Mayor Chris Frederickson City of Rhinelander 135 S. Stevens Street Rhinelander, WI 54501 Dear Mayor Frederickson: February 12, 2020 In August of 2018 we presented the City with a proposal for three new crosswalks to improve pedestrian safety and help connect pedestrians and bicyclists with City Parks (copy attached). The City constructed one of these new crosswalks (proposal #1) this past year connecting Pioneer Park with the sidewalk on Oneida Street. This is much appreciated. Kemp Street Bridge Pedestrian and Bicycle Safety. This year we hope the City will reconstruct the pedestrian crossing at the Kemp Street bridge (proposal #3). The Kemp Street bridge area is particularly treacherous for pedestrians and bicyclists due to restricted sight lines, vehicle speeds and the narrow width of the bridge deck and sidewalk. The street was repaved last summer but the crosswalk needs to be reestablished. In addition, we hope that the City will consider yellow caution signs: "Watch for Pedestrians and Bicyclists". (We no longer suggest flashing caution lights). River Trail Crossing Boyce Drive. Finally, please consider locating a crosswalk to connect the "River Trail" to the sidewalk on the North side of Boyce Drive (see attached proposal #2). Respectfully, Jeffrey Herrett and Nancy Richmond 903 Randall Avenue Rhinelander, WI 54501 cc: Alderperson Ryan Rossing To: City of Rhinelander August 20, 2018 Chris Frederickson, Mayor Public Safety Committee Steve Sauer, Committee Chair David Holt Tom Kelly George Kirby Dawn Rog cc: Ryan Rossing, Bicycle/Pedestrian Committee Re: Pedestrian/Bicycle Safety. Dear Mayor Frederickson and Committee Members: We hope the City will consider the following three proposals related to enhancing pedestrian and bicycle safety. #1. A crosswallc on S. Oneida Avenue to connect the sidewalk on the west side of the Oneida Avenue with the pedestrian entrance and footpath in Pioneer Park. #2. A crosswalk on Boyce Drive to connect the sidewalk on the north side of the street with the River Trail. #3. Caution signs on each approach to the Kemp Street Bridge to warn traffic of pedestrians and bicyclists. We believe the proposals will complement the City of Rhinelander 's 2015-2020 Outdoor Recreation Plan, specifically "Goal 3" "Become a more bicycling and walking friendly community ". Respectfully, Jeffrey Herren Nancy Richmond 903 Randall Ave, Rhinelander, WI 54501 Attachment: Description of proposals with photos. #1. Proposed crosswalk on S. Oneida Avenue at Pioneer Park. This crosswalk would provide a designated safer pedestrian access to Pioneer Park directly from the sidewalk on the west side of Oneida Avenue. Connect crosswalk to the curb cut or connect to the pedestrian/bicycle pathway. near Barnes Street Page 1 of 4 #2. Proposed crosswalk on Boyce Drive. The crosswalk would connect this segment of the River Trail to the sidewalk on the north side of the Boyce Drive. Page 2 of 4 #3 Proposed pedestrian/bicycle caution sign at the Kemp Street Bridge. Pedestrian and bicyclist safety is a concern when crossing Kemp Street between Boyce Drive and the sidewalk on the north side of Kemp Street and when crossing the Kemp Street Bridge either as a pedestrian or bicyclist. Traffic speed at this location generally exceeds the posted 25 mph, especially traffic coming from the west. The narrow width of the Kemp Street bridge deck combined with traffic speed can make crossing the bridge dangerous, especially for bicyclists sharing the road with vehicles. We think a flashing solar powered sign to warn vehicular traffic of the possibility of encountering bike and pedestrian traffic in the bridge area along with some kind signing to reinforce the 25 mph speed limit would improve safety in this area and help Rhinelander become a more bicycling and walking friendly community. Safety concerns at this location may increase in 2019 because some traffic from the Hwy 8 Bypass and Hwy 47 would be detoured through this intersection during roundabout construction. Page 3 of 4. Looki.n west toward Kemp Street bridge. Looking east toward Kemp Street bridge. Would the City be willing to consider posting signage on Kemp Street on both approaches to the bridge and well in advance of the bridge to warn traffic of bicyclists and pedestrians? or or more effective but more expensive, a solar -powered flashing sign. Page 4 of 4. uflE&O SEGY. N t Art Riv er Trail Location in Relation to Proposal #2 (Boyce Drive Crosswalk) And Proposal #3 (Kemp Street Bridge Bike and Pedestrian Safety Signage). (2015 Trail Layout Map) Cv AktaAFi OF COO RC£AREA TRAIL .4t HT HEERkO AW AY AU( EALi ANC; OO NSOW ALK dEL TRAIL. 200 400 U LAYO UT MAP USE TRAIL FFACIOILII YUTUDY ER OF C OLILF€RCE AREA TRAIL RxNELAN DER ,W RHINELANDER PLAN COMMISSION MINUTES TUESDAY, JANUARY 7, 2020 MEMBERS PRESENT: Mayor Chris Frederickson, George Kirby, Matt Wocelka and Russ Brown. MEMBERS ABSENT: Jenny Bonardelli, Andrew Larson and Sandy Bergman. OTHERS PRESENT: Terry Williams, Fire Chief; Lee Emmer; Dave Curtin, Bill Mitchell, Brett Aylesworth and Bill Freudenberg. CALL MEETING TO ORDER/ROLE CALL: The regular meeting was called to order by Chairman Mayor Frederickson at 6:00 P.M., noting there was a quorum present to conduct business, the media had been properly notified and the agenda duly posted. Roll call was completed. 3. CHAIRPERSON'S WELCOME. Mayor welcomed all who attended and asked that if they would like to speak. 4. APPEARANCES BY CITIZENS, PUBLIC COMMENT a. None 5. APPROVAL OF PRIOR MEETING MINUTES FROM 12/3/2019. MOTION BY BERGMAN, SECONDED BY BROWN TO APPROVE MINUTES FROM 12/3/2019.4 AYE, 0 NAY, 3 ABSENT(BONARDELLI/BERGMAN/LARSON); MOTION TO APPROVE CARRIED. 6. CONDLTIONAL USE REQUEST: Discuss/Approve/Disapprove Conditional Use for Lamar Central Outdoor, LLC, 9237 Heritage Drive, Marshfield, WI. 54449, agent for Rhinelander Ice Association, 2021 Timber Drive East, Rhinelander, WI., owner of property located at 2021 Timber Drive East (RH 9104- 0510), Rhinelander, is requesting a Conditional Use Permit (CUP) for the purpose of changing the existing offpremise signage on the property; die existing v -shaped sign will remain with die current size 10'9"x 23' remaining facing North and the change of die south facing to be a 12' x 25' electronic, flashing sign. Mayor read the Conditional Use request and turned over to Dave Curtin, Lamar, who explained that the original CUP that was approved has been installed and the change will be on the South facing side only. Brown questioned and Williams confirmed that the increase fits within the allowed signage for the property. Bill Mitchell from Lamar noted that the size chosen for the sign is an industry standard. Wocelka questioned and was confirmed by Curtin that the sign will meet all DOT and State requirements for install, lighting, etc. Mitchell continued that the brightness of the lights adjusts with darkness so there should not be an issue but can be controlled manually if needed. MOTION BY KIRBY, SECONDED BY BROWN TO APPROVE CONDITIONAL USE PERMIT FOR LAMAR CENTRAL OUTDOOR, LLC, 9237 HERITAGE DRIVE, MARSHFIELD, WI. 54449, AGENT FOR RHINELANDER ICE ASSOCIATION, 2021 TIMBER DRIVE EAST, RHINELANDER, WI., OWNER OF PROPERTY LOCATED AT 2021 TIMBER DRIVE EAST (RH 9104-0510), RHINELANDER, TO ALLOW TO CHANGE THE EXISTING OFF PREMISE SIGNAGE ON THE PROPERTY; THE V -SHAPED SIGN WILL REMAIN ON THE NORTH FACING (10'9"X23') AND THE SOUTH SIDE WILL CHANGE TO A 12' X 25' ELEC1 RONIC, FLASHING SIGN. 4 AYE, 0 NAY, 3 ABSENT(BONARDELLI/BERGMAN/LARSON); MOTION TO APPROVE CARRIED. 7. INSPECTION DEPARTMENT: Monthly Report. Williams reviewed submitted report with everyone; any questions or concerns, please let him know. Sorenson is working on demo bids for 959 Eagle Street and will have an update soon. Habitat for Humanity is working with Rolain home on Coolidge Avenue Minutes: TCan Commission - 1/7/2020 11Page and they are going to help him clean out and rehab home for sale; they are also working with the Kegley property on Gardner Street. In the 2019/2020 snow shoveling complaint year has not has as many complaints as the 2019/2019 snow year. 8. CITY ADMINISTRATOR: Monthly Report. Nothing to report 9. MAYOR: Monthly Report. Mayor discussed that next Council will be the Dome and the CUP request. 10. MISCELLANEOUS BUSINESS & FUTURE AGENDA REQUESTS. a. Williams discussed Planning Commission to work with Roffers regarding signage, etc., with their knowledge we can be more consistent; Mayor asked to have Williams set up for future planning agenda 11. CALENDAR. a. Common Council 1/13/2020 6..•00 p.m. b. Common Council 1/27/2020 6:•00 p.m. c. Plan Commission 2/4/2020 @ 6:00 p.m. d. Common Council 2/10 C 6:•00 p.m. 12. ADJOURNMENT/ NOTICE TO CITIZENS. Due to requirements contained in the Wisconsin Open Meetings Law, only those matters placed on this agenda may be considered by the Plan Commission at this meeting. If any member of the public desires that the Plan Commission consider a matter not included on this agenda, he or she should contact the Mayor or the City Administrator to have the matter considered for placement on a future Commission agenda. APPENDIX Plan Commission Handbook: https: / /www.uwsp.edu/cnr-ap /clue/Pages/publications-resources /PlanCommissions.aspx Zoning Board Handbook: https: / /www.uwsp.edu/cnr-ap /clue/Pages/publications-resources /Zoning.aspx Minutes: PCan Commission - 1/7/2020 2'Page NOTICE OF PUBLIC HEARING The City of Rhinelander Planning Commission will hold a Public Hearing on Tuesday, March 3, 2020 at 6:00 PM in the Meeting Room, City Hall, 135 S. Stevens Street, Rhinelander, WI 54501 to hear the following request: Five Sisters Coffee, LLC, Sandy Buss, 634 S. Keenan Street, Rhinelander, agent for Oneida County , 1 South Oneida Avenue, Rhinelander, owner of property located at 630 South Keenan Street (RH 945), Rhinelander, is requesting a Map Amendment Zoning Change for 630 South Keenan Street (RH 945). Present zoning is R-2 (Two-family Residential District); proposed zoning is B-1 (Community Shopping District); for the purpose of adding additional parking area for current business. The property description is: Lot number 6 of Block Number 1 of J. M. Keenan's Addition to the Village, now City of Rhinelander, Wisconsin, according to the recorded Plat thereof. Tax ID: RH 945. Anyone opposed to or in favor of this request may appear at this hearing. Map not to scale' Theresa Lassig Secretary, Rhinelander Planning Commission PUBLISH LEGAL: February 18th & 25th, 2020 Please send publication statement to: Five Sisters Coffee LLC Sandy Buss 634 Keenan Street Rhinelander, WI. 54501 Planning Commission Meeting Feb. 3`d, 2020 I am requesting that the parcel RH945 at 630 Keenan St. be rezoned from R2 to B1. It is adjoining to my current business, The Briar House coffee shop and boutique, and I would like to create additional parking for my business. The property is currently owned by Oneida County. I have submitted a bid to purchase the property and it has been accepted. However, it is contingent on the property being rezoned. If the property remains residential it is of no use to my business. My intention is to tear down the existing house and garage and create 10 to 15 additional parking spaces as well as expand our patio and outdoor seating area. I intend to put up fencing and/or shrubbery on the property line between the parking lot and the residential lots to the West and North. With the addition of the lot I will have two places for ingress/egress as opposed to one now. I currently have 3-4 parking spots behind the Briar House. All other parking must be on the street. Three parking spaces were removed on Kemp Street this past summer for safety reasons resulting in less parking spaces. We at the Briar House regularly hear from our customers that they drove by and were going to stop but there was no place to park. Residents have also expressed frustration with lack of parking in front of their homes. I have spoken with a number of residents in the neighborhood and they are all very positive about removing the house which is an eyesore and adding parking. Overall, additional parking will be a benefit to the whole neighborhood. I hope you will consider this rezone and the positive impact it will bring for the Keenan/Kemp neighborhood. If you have any additional questions you can reach me at 715.493.0563. Respectfully, Sandy Buss Five Sisters Coffee LLC dba Briar House 634 Keenan St. Rhinelander, WI 54501 Preliminary: Information needed for rezone Owner: Parcel #: Site Address: Current Zoning: Proposed Zoning: Description: Comment: Proposed use: Present — Oneida County — being sold to Five Sisters Coffee, LLC dba Briar House. Sandra Buss agent for the County, 634 S Keenan ST, Rhinelander WI RH 945 630 S Keenan ST R-2 B-1 Lot 6 of Block Number 1 of J.M. Keenan's Addition to the Village, now City of Rhinelander, Wisconsin, according to the recorded plat thereof. Tax foreclosed property formerly owned by John & Dawn Purcell as described in Volume 974 Page 692 of deeds. Judgement recorded as Document # 853053 in Register of Deeds awards property to Oneida County. Attach RH 945 to RH 946 presently owned by Five Sisters Coffee, LLC dba Briar House. Raze building on RH 945 and convert to parking lot and expand current patio area. Screening of the north and west property lines will be accomplished by a combination of trees, fencing and/or screening. Michael J. Romportl Land Information Director Mt Hilgendorf GIS Administrator Randy Boehlert GIS Specialist Sara C2tia utlera Land Info Aide ONEIDA COUNTY LAND INFORMATION OliTICE P.O. Box 400 1 S Oneida Ave Rhinelander, Wisconsin 54501 Telephone (715)369-6179 Fax (715) 369-6277 Office E-mail lio@co.oneidawi.us Real Property Listing, County Surveyor, Addressing, GIS, Real Property Sales Lynn Freimuth Real Property Lister/Addressing Coordin: Sara Jewell Assistant Real Property Lister Property Description Technician Lynn Houle www.co.oneida.wius Quick Link on Land Records Syster Date: February 11th, 2020 Memo to: Christopher Fredrickson, Chair City of Rhinelander Planning Co nlr fission From: Sonny Pasuak, Chair Oneida County Lan Records Co ` ee' Michael J Romportl, Land Information Director &- __ AQQawvE° 2; u►� o 'co Roe' RE. Rezone petition of RH 946, 630 S Keenan ST Oneida County acquired 630 S Keenan ST through the tax foreclosure process because of non-payment of property taxes. The property was offered for sale and Five Sisters Coffee, LLC, Sandra Buss, doing business as The Briar House submitted the winning bid and is preparing to close on the property. Prior to closing, Sandra wishes to rezone the property from R2 to B 1 to allow for development of a parking lot to compliment her existing very successful business. Additional parking in the area will benefit her business and relieve some of the parking congestion that occurs in the area. Oneida County, as the current owner of the property, supports this rezone. Should you have any questions, please feel free to contact us. CC ; S 404 by Bless Fw£ S:stEvs cocc dbx, Z'HI? BRIAR 11,o►,*A :. Co vv. 1n 'mt£t Sketch of L 6 & E 110' of 43 Lot 7 Block 1 J.M. Keenan's Addition 1 inch = 30 feet RH 950 RH 9,18 40' RH 916-1 E KEMP ST RH 944 150 411. tC.(JVL . RH 945 2.- 'tu Ariv (, -MI:101J j1 Q C. irko.trelVst a RH 946 .I tain*Lev- t-�ocist; 17.1.:73 cir;A.e_.�._..._ 110' RH i;47 0 try J )tAcrSS, \ sS e yerS Terry 11'illiams Fire Chief Rhinelander Fire Department Tom JI' ,Assistant Fire To: Rhinelander City Council From: Fire Chief / Inspection Administrator Terry L. Villiams Subject: Inspection Department January activity report Date: February 3, 2020 Committee members, Complaint issues and inspections... The month of January had us investigating 420 issues . . . 211 Zoning/Ordinance 50 complaints 71 Health resulting in 88 inspections Snow complaints still are adding up, Public Works is the department handling snow removal from complaints. We approved a variance for the sports dome for the school district. The city's legal team is putting together bids for demo of 959 Eagle Street. Inspections for the Month... Rhinelander Building inspections... 3 Commercial Building Inspections... 9 Plan Review...4 Electrical inspections... 1 Plumbing inspections... 1 HVAC inspections... 0 Crescent Newbold Woodboro Building inspections... 4 Electrical inspections... 2 Plumbing inspections... 2 HVAC inspections... 2 Building inspections... 1 Electrical inspections... 0 Plumbing inspections... 0 HVAC inspections... 0 Building inspections... 0 Electrical inspections... 0 Plumbing inspections... I-IVAC inspections... 0 Plan Review... I Plan Review...1 Plan Review...0 128 West Frederick Street Rhinelander, WI 54501 Website: www,rhinelanderfd.cot Telephone (715) 365-5404 Fax (715)365-5408 Email: twilliams@rhinelanderfd.c©m Terry Williams Fire Chief Rhinelander Fire Department Tom t"aydick Assistant Fire Chief Stella Building inspections... 0 Plan Revriew...0 Electrical inspections.. , 0 Plumbing inspections... 0 HVAC inspections... 0 Three Lakes Building inspections.., 9 Plan Review..,1 Electrical inspections... Plumbing inspections,.. 6 HVAC inspections... 4 Pine Lake Building inspections... 6 Plan Review...0 Electrical inspections... 0 Plumbing inspections... 0 HVAC inspections... 0 Pelican Building inspections... 4 Plan Review...0 Electrical inspections... 1 Plumbing inspections... 1 HVAC inspections... 1 Local permits issued for the month... Residential construction 4 4 for 2020 Commercial construction 2 2 for 2020 Mechanical 35 35 for 2020 Sign 3 3 for 2020 Fence 0 0 for 2020 Right -of -Way 6 6 for 2020 Raze/Demo 0 0 for 2020 Township permits issued for the month... Pine Lake 0 0 for 2020 Pelican 0 0 for 2020 Crescent 1 1 for 2020 Woodboro 0 0 for 2020 Three Lakes 0 0 for 2020 Piel 0 0 for 2020 Newbold 0 0 for 2019 Stella 0 0 for 2019 128 West Frederick Street Rhinelander, WI 54501 1trebsite: www.rhinelanderfd.com (715) 365-5404 (715) 365-5408 inelandcrfd„coin Work Program and Timeline Zoning Ordinance/Map Update Project Amended: January 29, 2020 Preliminary Ordinance Directions Memo: November 2019 • Covers proposed issues, outline, and strategy for updated zoning ordinance PLAN COMMISSION MEETING #1 —PROJECT KICK-OFF MEETING: December 3, 2019 • Review reasons and process for zoning ordinance update • Review "Preliminary Directions for Updated Ordinance" memo ■ Brainstorm key issues/opportunities to address in zoning ordinance/map update Zoning District Text —Draft #1: December 2019 -February 2020 • Prepare draft of "first half" of zoning ordinance text • Addresses description, purpose, uses, and standards for each zoning district PLAN COMMISSION MEETING #2: March 3, 2020 • Review and advise on "first half" of draft zoning ordinance text • Time permitting, review photos and questions of existing Rhinelander development Initial Draft Zoning Map —Draft #1: February -April 2020 PLAN COMMISSION MEETING #3: May 2020 • Review and advise on draft #1 zoning map Public Review Draft Zoning Text and Map —Draft #2: May -June 2020 • Revise the draft "first half" zoning text and zoning map with Commission comments PLAN COMMISSION MEETING #4 —PUBLIC FORUM: June 2020 ■ Public forum to present and obtain input on the draft #2 zoning text and zoning map • Commission may advise on further changes, and if new zoning map adoption should jump ahead of adoption of rest of ordinance Parallel Amendments to Comprehensive Plan Future Land Use Map: May -June 2020 • To assure consistency between comprehensive plan and zoning map per statute • May advise RPC staff for plan map update, or complete separately Zoning Development Standards Text and Graphics —Draft #1: January -July 2020 • Prepare draft of "second half" of zoning ordinance text • To include administrative/procedural provisions, parking, traffic circulation, site and development design standards, signage, landscaping, lighting, other standards PLAN COMMISSION MEETING #5 (and #6 if necessary): August -September 2020 • Review and advise on draft #1 of "second half" of zoning ordinance text • Discuss process to prepare and hold hearing on the entire zoning ordinance/map Zoning Ordinance Text and Map for Public Hearing: September 2020 • Prepare revisions to form a complete zoning ordinance document and zoning map ■ Advise on complementary revisions to other chapters of municipal code LOCAL PUBLIC HEARING AND ADOPTION MEETING (plus follow-up if necessary): Oct -Nov 2020 • Public hearing, recommendation by Plan Commission, and adoption by City Council Final Zoning Ordinance Text, Map, and Application Forms —November 2020 MDROFFERS C CifT NE TO: City of Rhinelander Plan Commission FROM: Mark Roffers, AICP, City Planning Consultant DATE: February 19, 2020 RE: Overview of "First Half" of Updated Zoning Ordinance Text We continue the process to update the City's zoning ordinance, which includes Chapter 5.©7 of the Municipal Code plus the zoning map. The first attachment to this memo is an updated project timeline. It has few differences from previous versions. The main attachment to this memo is a draft of Articles 1-7, 13 (preliminary set of definitions), and a "zero lot line duplex" appendix to the updated zoning ordinance. This "first half" of the ordinance includes our initial proposals for the following: • Introductory information (Article 1) • Descriptions and purposes of all of the standard zoning districts (Article 2) • Tables that list proposed permitted and conditional uses within each district (Article 3) • Descriptions, performance standards, and parking requirements for each listed land use (Article 4) • Tables including lot area, setback, and other dimensional standards for all of the standard zoning districts (Article 5) • Descriptions, purposes, and references to other chapters in the municipal code for overlay zoning districts (Article 6) • Purpose, criteria, and procedures for the proposed PD Planned Development zoning district At the March 3rd meeting, we will have an opportunity to review this "first half" and for the Plan Commission to ask questions and provide guidance for changes. Please note that City staff will be reviewing this draft on a parallel timeframe as the Plan Commission. Therefore, there are likely to be changes after March 3`d in response to both Commission and staff review. We may also have time to complete work from our December meeting --a photo tour of existing development in Rhinelander with Q&A related to each photo. This could also wait until the next meeting —tentatively scheduled for May —if time does not allow on March 3rd MDRDFFFRS CDNSU TING The following is an overview of some of the more significant proposed changes in the "first half" of the attached draft zoning ordinance, compared to Rhinelander's current zoning ordinance: Updated Format The current zoning ordinance includes traditional techniques like long, often -repetitive lists of allowable uses and dimensional requirements. The format and content of the proposed ordinance leans more on tables to guide users on permitted and conditional uses in the various zoning districts, and on dimensional standards on those districts. This proposed technique also allows better comparisons of land uses and standards across zoning districts. Zoning District Layout and Consolidation The attached document called "Overview of Proposed Standard Zoning Districts" summarizes each of the eleven proposed zoning districts, including a basic comparison to existing zoning districts. The current zoning ordinance has twelve standard zoning districts. The Commission may recall a similar table called "Overview of Existing Zoning Districts" that I shared in December. The proposal suggests the consolidation of the current R-3 and R-4 districts into one district (R- 3). The current R-3 and R-4 districts are nearly identical, except for a distinction related to "manufactured homes" that I do not believe to be legal given law changes over the past couple of decades. Single-, two-, and multi -family residences would be permitted in the updated R-3 district; manufactured/mobile home parks and compatible non-residential uses are proposed as conditional uses. Building and site design standards for multi -family residences manufactured/mobile home communities, in particular, would also be introduced. The proposal also suggests the consolidation of the I-1, 1-2, and 1-3 Industrial districts into two districts. These current three industrial districts contain what appears to me an odd collection of overlapping purposes and allowable uses among them. The R-4 and 1-3 districts are currently mapped in very limited spots in the City, which would facilitate such consolidations. These proposed consolidations also help simplify the ordinance. Repositioning the R-2 District Under the proposed zoning ordinance update, the R-2 district would be the focus for future mapping in planned residential growth areas. It is already the most mapped residential district over existing neighborhoods in the City. m latileinaillaNtn, IMO MHOFFERS CONSULTING The proposal would retitle the R-2 to make it clearer that both single-family and two-family residences are permitted uses. Current larger minimum lot size (10,000 square feet) and especially minimum lot width (100 feet) requirements be reduced to 7,000 square feet and 60 feet respectively. "Missing middle" housing types, like accessory dwelling units and townhomes, would also be enabled, generally by conditional use permit. These changes would make the R-2 district more consistent with actual development patterns in older parts of the City. The changes would also make new residential subdivision development in the City more cost-effective for prospective residential developers. New Institutional Zoning District The City is home to a wide array of institutional uses, like medical facilities, schools, government buildings, and churches. The City's current zoning districts are generally not well -suited to accommodate those uses —particularly in their newer and usually larger forms. Particularly challenging are current dimensional, parking, permitted use, and other standards. The proposed ordinance update therefore would create a new "INT Institutional" zoning district for existing and future institutional uses, while still allowing institutional uses and varying sizes in other zoning districts. Treating "Planned Developments" Differently Currently, the City enables "planned developments" that diverge from normal zoning standards by conditional use permit. The proposal would transition to establishing a separate "PD Planned Development" zoning district for limited future projects that for good reasons cannot fit the mold of standard zoning districts and rules. I am suggesting a separate zoning district because municipalities have increasingly limited ability to deny conditional use permits, because the rezoning process provides more meaningful zoning control following approval of a planned development project, and because tracking planned developments on the zoning map is easier than tracking conditional use permits. New Approach to Dimensional Standards While the dimensional standard tables in proposed Article 5 may seem complicated, they consolidate all such standards in one place. They also mostly eliminate different setback standards for different types of land uses, which are pervasive in the current zoning ordinance. For stormwater management/flood prevention, neighborhood compatibility, and aesthetic reasons, the proposal suggests minimum landscaped area percentages of between 0 and 40 percent, depending on the zoning district. MU SUFFERS EUNSl1LTING The proposal also suggests that detached accessory buildings on residential lots be limited to two. This would allow, for instance, an attached garage, a detached garage, and a shed. Finally, rather than requiring very large spacing between certain zoning districts in the current code (e.g., 500 feet for heavier industrial districts), the proposed ordinance relies on lesser setbacks, screening, and landscape buffering requirements for potentially problematic uses in those districts (e.g., junkyards, distribution centers). Greater Flexibility The proposed ordinance would allow more than one principal building on a single lot in most zoning districts. It also proposes to distinguish between "minor" and "major" home occupations, providing an opportunity for more intensive home occupations by conditional use permit (e.g., up to two outside employees). Also, based on a parking demand study, we are proposing lower minimum parking space standards for a number of commercial and office users, but slightly greater parking requirements for most residential uses. New Uses and New Standards The proposed ordinance vastly consolidates land uses into broader categories of uses (e.g., "indoor sales and service", "light industrial"). This avoids having to account for every specific type of current land use, and having to imagine what new uses might be created in the future. The proposed ordinance would also for the first time list more modern uses like cell towers, small communication devices, tourist rooming houses, modern on -site energy generating systems, in - home suites, accessory dwelling units, vehicle courses, donation drop off boxes, outdoor alcohol areas, bed and breakfasts, tourist houses, and various accessory/mixed use opportunities. The proposal also introduces pre-set "performance standards" for a number of land uses. The idea is that these would enable greater comfort to make more uses permitted uses rather than conditional uses, clearly specify up -front expectations for new development proposals, and address recently law changes limiting discretion in conditional use permit review. For example, the proposal includes new standards for large scale (25,000+ square foot) retail and institutional uses, and for uses requiring outdoor storage, both of which can have significant off -site impacts. Attachments: Work Program and Timeline, Zoning Ordinance/Map Update Project Overview of Proposed Standard Zoning Districts "First Half" of Draft Text for Updated Zoning Ordinance z4 Residential and Open Space Primarily Non - Residential Overview of Proposed Standard Zoning Districts R-1 Single-family Residential For mainly single-family homes and their accessory uses, like garages and home occupations R-2 Single- and Two-family Residential R-3 Mixed Residential Single -fa y detached residences For mainly single- and two-family homes and their accessory uses; intended to be the most commonly mapped residential zoning district or a range of housing types, including mobile home commu uses accessory to and compatible with such residential uses C -R For parks, public recreatio Conservation & Recreation areas B-1 Neighborhood Business B-2 Central Business B-3 General Business C -B Community Building 1-1 Light Industrial 1-2 General Industrial INT Institutional areas, public open spaces, and conservation For mainly commercial service, retail, and office land uses compatible with nearby residential neighborhoods in terms of scale, design, impacts, and location Single-family detached residences Two-family dwellings (e.g., duplexes, two -flats) Single- and two-family residences Multi -family residences (apartments, townhouses) Smaller -scale institutional uses Outdoor recreation, including campgrounds Smaller -scale institutional and public uses Personal or professional services Indoor sales or service Offices and day care centers Most B -I uses, plus easier accommodation for uses Similar to current B-2 district, with more like upper story housing, restaurants and bars, indoor general approach to classifying land uses repair and maintenance shops, and lodging Accommodate a range of office, retail, cornmercial service, gavernrnentat, lodging„ residential (mainly upper story), and mixed uses to promotes varied land uses, character, and pedestrian environment of the City's downtown area Accommodate the widest range of office, retail, commercial service, nt, and lodging uses, particularly along major transportation corridors Highway 8), outside of the City's downtown, and relatively distant from ential neighborhoods ting buildings in or near residential areas built for a purpose that they ulfilt (e.g., former hospitals, churches, schools), to facilitate their economic reuse in a way that respects character and land use compatibility Very R.1 district, with minor dimensional changes (e.g., 100 ) 80 ft width) urrent R-2 district, with reductions izes (10,000 sf ) 7,000 sf for ily) and widths ('100 ft ) 60 ft for ily) to better match existing d market forces Combination of current R-3 and R-4 distric which are nearly the same in terms of uses owed and dimensional standards Similar to current C -R district, but with lore focus on use on public lands current B-1 district, with more eral approach to classifying land uses Accommodate tight industrial, indoor manufacturing, office, storage, and sportation land uses, generally with screened outdoor storage and limited nuisances and hazards. Mainly Intended for an Industrial park environment. Most B-1 and B-2 uses, plus institutional use sizes, large-scale retail uses (i.e., "big boxes"), and drive -through uses (e.g., fast food) Residential uses, like conversion to apartments Offices and institutional uses Care centers Range of light industrial and contractor use Indoor storage or wholesaling Offices and personal/professional services Accommodate a range of manufacturing, industrial, office, storage, and transportation land uses, including uses with outdoor storage, freight handling, and others with heavier traffic and/or potential nuisances/hazards Focused en public, semi-public,educational, religious, nd other g and other "yatherir�g" type uses generally intended for non-commercial purposes, with standards geared to such uses and compatibility with typical residential surroundings 1-1 uses, plus heavy manufacturing, freight and distribution centers, airport, outdoor storage and activities Similar to current. B-2 district, with more general approach to classifying land uses Similar to current C -B district, with more general approach to classifying land uses Proposal to consolidate current 1-1, 1-2, and I- 3 districts into two districts; I.1 is lighter of two; emphasis on screening outdoor storage ould the heavier of the two industrial zoning districts; reties more on performance dards over distance as compatibility tool Educational, governmenfai, cultural, recreational and New district intended focused on unique health care facilities such as schools, day care centers, character of larger institutional uses, shifting clinics, hospitals, and churches away from reliance on residential districts The proposed ordinance would also carry forward and organize overlay zoning districts, including those for airport -related structure height limitations, historic preservation (not mapped), shoreland-wetland (state mandated), Iloodplain (state mandated), and groundwater protection (associated with municipal wellhead protection planning). The proposed ordinance would also establish a PD Planned Development zoning district, instead of the City's current approach of allowing planned developments by conditional use permit. Planned developments typically are of higher quality than standard developments, but do not meet one or more requirements of a standard zoning district like those listed above, Prepared 2/19/20 CITY OF RHINELANDER Title 5, Chapter 5.07: ZONING [Repealed and Recreated via Ord. No. 20- : DATE ENACTED] DR,AF1*: JANeAr TABLE OF CONTENTS Article 1: INTRODUCTION 1-1 Section 5.07.1.01: Title 1-1 Section 5.07.1.02: Authority 1-1 Section 5.07.1.03: Purpose 1-1 Section 5.07.1.04: Severability and Non-Liabiliy 1-1 Section 5.07.1.05: Abrogation 1-1 Section 5.07.1.06: Rules of Interpretation 1-1 Section 5.07.1.07: Jurisdiction 1-2 Section 5.07.1.08: Effective Date 1-2 Article 2: LISTING AND PURPOSES OF STANDARD ZONING DISTRICTS 2-1 Section 5.07.2.01: Purpose 2-1 Section 5.07.2.02: Primarily Residential and Open Space Zoning Districts 2-1 Section 5.07.2.03: Primarily Non -Residential Zoning Districts 2-1 Section 5.07.2.04: Map of Standard Zoning Districts 2-2 Section 5.07.2.05: Interpretation of Zoning District Boundaries on Official Zoning Map 2-2 Article 3: LAND USES ALLOWED IN ZONING DISTRICTS 3-1 Section 5.07.3.01: Purpose 3-1 Section 5.07.3.02: Regulation of Allowable Uses 3-1 Section 5.07.3.03: Regulations Applicable to All Land Uses 3-2 Section 5.07.3.04: Allowable Uses in Residential and Open Space Zoning Districts 3-3 Section 5.07.3.05: Allowable Uses in Non -Residential Zoning Districts 3-7 Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-1 Section 5.07.4.01: Purpose 4-1 Section 5.07.4.02: Residential Land Use Types 4-1 Section 5.07.4.03: Agricultrual Land Use Types 4-5 Section 5.07.4.04: Institutional and Recreational Land Use Types 4-5 Section 5.07.4.05: Commercial Land Use Types 4-10 Section 5.07.4.06: Storage or Disposal Land Use Types 4-20 Section 5.07.4.07: Transportation Land Use Types 4-24 Section 5.07.4.08: Industrial Land Use Types 4-25 Section 5.07.4.09: Accessory and Miscellaneous Land Use Types 4-28 Section 5.07.4.10: Temporary Land Use Types 4-40 TABLE OF CONTENTS i Article 5: DENSITY, INTENSITY, BULK REGULATIONS 5-1 Section 5.07.5.01: Purpose and Applicability 5-1 Section 5.07.5.02: Residential and Open Space District Density; Intensity, and Bulk Regulations 5-2 Section 5.07.5.03: Non-residential District Density, Intensity; and Bulk Regulations 5-6 Section 5.07.5.04: Adjustments and Exceptions 5-9 Article 6: OVERLAY DISTRICTS 6-1 Section 5.07.6.01: Purpose 6-1 Section 5.07.6.02: Airport Height Limitation 6 -Error! Bookmark nor defined. Section 5.07.6.03: Historic 6-1 Section 5.07.6.04: Shoreland-11/etland 6-1 Section 5.07.6.05: Floodplain 6-1 Section 5.07.6.06: Groundwater Protection 6-1 Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-1 Section 5.07.7.01: Purpose 7-2 Section 5.07.7.02: Potential Modifications and Exemptions 7-2 Section 5.07.7.03: Criteria forApproval of a PD 7-2 Section 5.07.7.04: Procedural Requirements for the PD District 7-3 Section 5.07.7.05: Development Agreement 7-6 Section 5.07.7.06: Subdivision Review 7-6 Section 5.07.7.07: Amendment of GDPs and SIPs 7-7 Article 8: BUILDING, SITE, AND LANDSCAPE DESIGN STANDARDS 8-1 Section 5.07.8.01 Purpose 8-1 Section 5.07.8.02: Building and Site Design 8-1 Section 5.07.8.03 Landscape Design 8-2 Article 9: GENERAL PERFORMANCE STANDARDS 9-1 Section 5.07.9.01: Purpose and Applicability 9-1 Section 5.07.9.02: Stormwater Management, Earth Filling, and Excavating 9-1 Section 5.07.9.03: Fences, Landscape Walls, and Hedges 9-1 Section 5.07.9.04: Swimming Pools 9-3 Section 5.07.9.05: Firewood Storage 94 Section 5.07.9.06: Exterior Storage 94 Section 5.07.9.07: Access and Visibility (Driveways) 9-7 Section 5.07.9.08: Off -Street Parking and Traffic Circulation 9-8 Section 5.07.9.09: Off -Street Loading 9-11 TABLE OF CONTENTS Section 5.07.9.10 Residential Driveway Standards 9-13 Section 5.07.9.11: Exterior Lighting 9-13 Section 5.07.9.12: Vibration 9-15 Section 5.07.9.13: Noise 9-16 Section 5.07.9.14: Air Pollution 9-17 Section 5.07.9.15: Odor 9-17 Section 5.07.9.16: Glare and Heat 9-17 Section 5.07.9.17: Fire and Explosion 9-18 Section 5.07.9.18: Toxic or Noxious Material 9-18 Section 5.07.9.19: Waste Material 9-18 Section 5.07.9.20: Hazardous Materials 9-18 Article 10: SIGN REGULATIONS 10-1 Section 5.07.10.01: Purpose 10-1 Section 5.07.10.02: Sign Permits 10-1 Section 5.07.10.03: General Signage Standards 10-3 Section 5.07.10.04: General Signage Regulations Applicable to All Zoning Districts 10-7 Section 5.07.10.05: Regulations for Residential Zoning Districts 10-9 Section 5.07.10.06: Signage for Residential Uses in Non -Residential Districts 10-9 Section 5.07.10.07: Regulations for Non -Residential Zoning Districts 10-9 Section 5.07.10.08: Temporary Signs 10-3 Section 5.07.10.09: Structural Requirements 10-1 Section 5.07.10.10: Maintenance Requirements 10-2 Section 5.07.10.11: Nonconformin,g Signs 10-2 Article 11: NONCONFORMING LOTS, USES, STRUCTURES AND SITES 11-1 Section 5.07.11.01: Purpose 11-1 Section 5.07.11.02: Nonconforming and Substandard Lots 11-1 Section 5.07.11.03: Nonconforming Uses 11-1 Section 5.07.11.04: Nonconforming Structures 11-2 Section 5.07.11.05: Nonconforming Site 11-3 Article 12: PROCEDURES AND ADMINISTRATION 12-1 Section 5.07.12.01: Purpose 12-1 Section 5.07.12.02: Amendments to Zoning Regulations (Text Amendments) 12-1 Section 5.07.12.03: Amendments to the Official Zoning Map (Rezoning!) 12-2 Section 5.07.12.04: Zoning Permits 12-5 TABLE OF CONTENTS Section 5.07.12.05: Building Permits 12-5 Section 5.07.12.06: Certificates of Occupancy 12-5 Section 5.07.12.07: Conditional Use Permits 12-6 Section 5.07.12.08: Special Exceptions 12-6 Section 5.07.12.09: Temporary Use Reviews 12-9 Section 5.07.12.10: Site Plan Procedures 12-11 Section 5.07.12.11: Variance Procedures 12-13 Section 5.07.12.12: Interpretations and Appeals 12-16 Section 5.07.12.13: Roles and Responsibilities 12 -Error! Bookmark not defined. Section 5.07.12.14: Fees 12-21 Section 5.07,12,15: Violations and Penalties 12-22 Article 13: DEFINITIONS 13-1 Section 5.07.13.01: Introduction to Worn! Usage, Abbreviations and Definitions 13-1 Section 5.07.13.02: Word Usage 13-1 Section 5.07.13.03: Abbreviations 13-1 Section 5.07.13.04: Definitions 13-2 Appendix A A-1 TABLE OF CONTENTS iv CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5,07,1.01: Title through Section 5.07.1.06: Rules of Interpretation Article 1: INTRODUCTION Section 5.07.1.01: Title This Chapter shall be known, cited, and referred to as the CITY OF RHINELANDER ZONING ORDINANCE except as referred to herein, where it shall be known as "this Chapter". Section 5.07.1.02: Authority This Chapter is enacted pursuant to the authority granted by the State of Wisconsin Statutes. Specific statutory references are provided within the body of this Chapter solely as a means of assisting the reader. Such references axe not to be considered as all inclusive, may not always be up to date, and shall in no manner be construed so as to limit the application or interpretation of this Chapter. Section 5.07.1.03: Purpose This Chapter is adopted for the following purposes: (1) Protecting the public health, safety, morals, comfort, convenience, and general welfare; (2) Implementing the Comprehensive Plan to the extent possible under zoning; (3) Controlling and lessening congestion in the streets; (4) Securing safety from fire, panic, and other dangers; (5) Promoting adequate light and air; (6) Encouraging the protection of natural resources; (7) Preventing the overcrowding of land and undue concentration of population; (8) Preserving and enhancing property values; (9) Facilitating adequate transportation, water, sewage disposal, parks, and other public facilities; (10) Promoting high quality and lasting urban design; and (11) Managing growth and the impacts of land development. Section 5.07.1.04: Severability and Non -Liability The provisions of this Chapter are separable in accordance with the following: (1) If any court of competent jurisdiction shall adjudge any provision of this Chapter to be invalid, such judgment shall not affect any other provisions of this Chapter not specifically included in said judgment. (2) If any court of competent jurisdiction shall adjudge invalid the application of any portion of this Chapter to a particular property, water, building, or structure, such judgment shall not affect the application of said provision to any other property, water, building, or structure not specifically included in said judgment. (3) If any requirement or limitation attached to an authorization given under this Chapter is found invalid, it shall be presumed that the authorization would not have been granted without the requirement or limitation and, therefore, said authorization shall also be invalid. Section 5.07.1.05: Abrogation It is not intended that this Chapter abrogate or interfere with any constitutionally protected vested right or abrogate, repeal, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. Section 5.07.1.06: Rules of Interpretation (1) In their interpretation and application, the provisions of this Chapter shall be held to be the minimum requirements for the promotion of the public health, safety, morals, and welfare, shall be liberally construed in favor of the City, and shall not be construed to be a limitation or repeal of any other power now possessed by the City. Article 1: INTRODUCTION 1-1 CITY OF RHINELANDFR ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.1.07: Jurisdiction through Section 5.07.1.08: Effective Date (2) Where property is affected by the regulations imposed by any provision of this Chapter and by other governmental regulations, the regulations that are more restrictive or that impose higher standards or requirements shall prevail. Where there are conflicts between or among regulations within this Chapter, the regulations that are more restrictive or that impose higher standards or requirements shall prevail. Nothing herein contained shall require any changes in plans, construction, size, or designated use of any building or part thereof, for which a building permit has been issued before [INSERT ADOPTION DATE] and the construction of which shall have been started within one year from the date of such permit. (4) All plans approved under predecessor Title 5, Chapter 5.07 shall be valid and may be used to obtain a building permit for a period of not more than one year after [INSERT ADO!' HON DATE], except where otherwise subject to developer's agreement provisions or approval conditions that provide further limitations. (3) (5) Except as provided in this Chapter under provisions for substandard lots, nonconforming uses, nonconforming structures, and nonconforming sites in Article 11, no building, structure, development, or premises shall be hereinafter used or occupied and no applicable permit granted that does not conform to the requirements of this Chapter. (6) In cases of mixed -occupancy or mixed -use structures or land use, the regulations for each land use shall apply to the portion of the structure or land so occupied or so used. (7) No yard or other open space shall be considered as providing a yard or open space for a building or structure on any other lot, except for outlots specifically designated and legally restricted for that purpose. Section 5.07.1.07: Jurisdiction This Chapter is applicable to all territory located within the corporate limits of the City of Rhinelander. Section 5.07.1.08: Effective Date This Chapter became effective upon passage and posting according to law, on the date of repeal and re- enactment of this Chapter (INSERT ADOPTION DATE). The re-enactment of this Chapter shall not adversely affect the City's right to prosecute any violation of the predecessor Title 5, Chapter 5.07, provided that the violation occurred while that predecessor ordinance was in effect. Article 1: INTRODUCTION 1-2 Section 5.07.2.02: Primarily Residential and Open Space Zoning Districts. (1) R-1 Single -Family Residential. The R-1 district is intended to accommodate single-family detached homes and uses accessory to and compatible with single-family homes. This district is applied to areas where the only intended residential use is a single-family detached residence. (2) R-2 Single- and Two -Family Residential. The R-2 district is intended to primarily accommodates single- family residences and two-family residences, such as duplexes and two -flats, along with uses accessory to and compatible with such residential uses. This district is intended to be the most commonly applied residential zoning district in Rhinelander. R-3 Mixed Residential. The R-3 district is intended to accommodate a range of housing types including single-, two-, and multi -family residences (e.g., townhouses, apartment buildings, multiplexes), and mobile home communities, along with uses accessory to and compatible with such residential uses. (4) C -R Conservation and Recreation. The C -R district is intended to accommodate parks, public recreational areas, public open spaces, and conservation areas. Section 5.07.2.03: Primarily Non -Residential Zoning Districts. (1) B-1 Neighborhood Business. The B-1 district is primarily intended to accommodate office, retail, and commercial service uses, with scale, design, impacts, and location compatible with nearby residential neighborhoods. This district is primarily intended for mapping outside both the historic downtown area and major highway corridors like Highway 8. (2) B-2 Central Business. The B-2 district is intended to accommodate a range of office, retail, commercial service, governmental, lodging, residential (mainly upper story), and mixed uses in a manner that preserves and promotes the varied land uses, historic character, and pedestrian -friendly environment of the City's downtown area. B-3 General Business. The B-3 district is intended to accommodate the widest range of office, retail, commercial service, restaurant, and lodging uses of any of the City's business districts. This district is primarily intended for mapping along major transportation corridors, such as Highway 8, outside of the City's downtown and relatively distant from residential neighborhoods wherever practical. (4) C -B Community Building. The C -B district is intended for existing buildings and developed sites located in or near residential neighborhoods and originally developed for a purpose they no longer fulfill. Such buildings and sites may have originally been developed as hospitals, churches, or schools, but such uses are no longer present or viable. This district facilitates the reuse of such buildings and sites to retain or restore their economically viability, while retaining historic character and neighborhood compatibility. I-1 Light Industrial. The I-1 district is intended to accommodate light industrial, indoor manufacturing, office, storage, and transportation uses. Such uses may include outdoor storage that is screened from the public and from more sensitive uses, do not create significant nuisances or hazards, and thrive in an industrial/business park environment. (3) CITY OF RHINELINDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.2.01: Purpose through Section 5.07.2.03: Primarily Non -Residential Zoning Districts. Article 2: LISTING AND PURPOSES OF STANDARD ZONING DISTRICTS Section 5.07.2.01: Purpose The jurisdiction of this Chapter is hereby divided into zoning districts of such number and location as necessary to achieve compatibility of land uses within each district and achieve the purposes of this Chapter. This Article addresses standard zoning districts. Overlay zoning districts are addressed in Article 6 and the Planned Development (PD) zoning district is addressed in Article 7. (3) (5) Article 2: LISTING AND PURPOSES OF STANDARD ZONING DISTRICTS 2-1 Section 5.07.2.04: Map of Standard Zoning Districts Standard zoning districts established by this Chapter are shown on the Official Zoning Map, which together with all explanatory materials thereon, is hereby made part of this Chapter. Section 5.07.2.05: Interpretation of Zoning District Boundaries on Official Zoning Map (1) Zoning district boundaries shown as following or approximately following the limits of any municipal boundary shall be construed as following such limits, (2) Zoning district boundaries shown as following or approximately following streets or railroad lines shall be construed as following the nearest right-of-way line of such streets or railroad lines. Zoning district boundary lines shown as following or approximately following platted lot lines or other property lines as shown on parcel maps shall be construed as following such lines. (4) Zoning district boundaries shown as following or approximately following the centerlines of streams, rivers, or other continuously flowing watercourses shall be construed as following the then -current channel centerlines of such watercourses. Zoning district boundaries shown as separated from any of the features listed in paragraphs (1) through (4) above shall be construed to be at such distances there from as are shown on the Official Zoning Map. (6) Where any uncertainty exists as to the exact location of a zoning district boundary line, as shown on the Official Zoning Map, the location of the line shall be determined by the Zoning Administrator. CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.2.04: Map of Standard Zoning Districts through Section 5.07.2.05: Interpretation of Zoning District Boundaries on Official Zoning Map (6) I-2 General Industrial. The I-2 district is intended to accommodate a range of manufacturing, industrial, office, storage, and transportation uses. Such uses may include outdoor storage, freight handling, and other operations and may have moderate potential nuisance, hazard, and/or heavy traffic generation. (7) INT Institutional. The INT district is intended enable a range of public, semi-public, educational, religious, and other "gathering" type uses generally intended for non-commercial purposes, with standards to achieve compatibility between such institutional uses and surrounding uses and zoning districts (which are often residential). (3) (5) Article 2: LISTING AND PURPOSES OF STANDARD ZONING DISTRICTS 2-2 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.3.01: Purpose through Section 5.07.3.02: Regulation of Allowable Uses Article 3: LAND USES ALLOWED IN ZONING DISTRICTS Section 5.07.3.01: Purpose The purpose of this Article is to indicate which land uses may locate in each standard zoning district and under what procedures and general regulations. Section 5.07.3.02: Regulation of Allowable Uses The allowable land uses for each standard zoning district established in Article 2 are listed in Figures 5.07.3.04 and 5.07.3.05. Detailed descriptions and performance standards each land use listed in these figures are found in Article 4. No land use is permitted or permissible on a property unless it can be located or implemented on that property in full compliance with all of the applicable standards and regulations of this Chapter, or unless an appropriate variance has been granted pursuant to Section 5.07.12.11. (1) Land Uses Permitted by Right Land uses listed as permitted uses (designated by the letter "P" in Figures 5.07.3.04 and 5.07.3.05) are permitted by right, subject to all applicable requirements of this Chapter and all other applicable regulations of the City and other units of government. The applicability of an overlay zoning district to a property, per Article 6 and the Official Zoning Map, may affect whether a use listed as permitted ("P") in Figures 5.07.3.04 and 5.07.3.05 is in fact a permitted use for that property. (2) Land Uses Listed as Conditional Uses Land uses listed as conditional uses (designated by the letter "C" in Figures 5.07.3.04 and 5.07.3.05) are allowed only with a conditional use permit, subject to all applicable requirements of this Chapter and all other applicable regulations of the City and other units of government. The applicability of an overlay zoning district to a property, per Article 6 and the Official Zoning Map, may affect whether a use listed as conditional ("C") in Figures 5.07.3.04 and 5.07.3.05 is in fact a conditional use for that property. Temporary Land Uses Temporary land uses (designated by the letter "T" in Figures 5.07.3.04 and 5.07.3.05) are allowed on a temporary basis subject to temporary use approval requirements in Section 5.07.12.09, and any applicable overlay district limitations in Article 6. (4) Unlisted Land Uses Proposed land uses that do not appear to be encompassed by one of the land uses listed in Figures 5.07.3.04 and 5.07.3.05 are not necessarily excluded from locating within any given zoning district. If the Zoning Administrator determines that a proposed use is not encompassed by a use that is listed in those figures and described more fully in Article 4, he or she is authorized to determine that such an "unlisted" land use is similar enough to one of the land uses listed in these figures to have the same permitted -by - right, conditional, temporary, or prohibited status of that listed use. All such determinations shall be in writing, kept on file by the Zoning Administrator, and based on evaluation of how the unlisted use compares to a listed use using the following factors: (a) The relative characteristics of the unlisted land use, including materials, equipment, processes, and employment density for business uses and population density and scale for residential uses. (b) The relative amount of site or building area devoted to the unlisted land use, and the relative size, scale, and density of the use. (c) For non-residential uses, the relative type and amounts of activity, as measured by traffic, loading, sales, customer type, products or services produced or sold, hours of operation, and other reasonably objective factors. (3) Article 3: LAND USES ALLOWED IN ZONING DISTRICTS 3-1 CITY OF RHINELANDER ZONING ORDINANCE DRAM': JANUARY 2020 Section 5.07.3.03: Regulations Applicable to All Land Uses through Section 5.07.3.03: Regulations Applicable to All Land Uses (d) The relative performance of the land use against different standards in this Chapter, such as noise, odors, lighting, signage, and other factors which tend to have impacts beyond property lines. Section 5.07.3.03: Regulations Applicable to All Land Uses (1) General Requirements. All land uses and associated structures, lots, sites, and development shall comply with this Section and all applicable requirements of this Chapter pertaining to the following: (a) (b) Use -specific performance standards in Article 4. Maximum permitted density, intensity, and bulk standards in Article 5. (c) Overlay zoning district requirements in Article 6, if the property is within an overlay zoning district per that article and the Official Zoning Map. (d) Building, site, and landscaping design standards in Article 8, to the extent made applicable under that article. (e) General performance standards in Article 9, to the extent made applicable to the development under that Article. (f) Signage regulations in Article 10. (g) Nonconforming uses, structure, lot, and site requirements in Article 11, if one or more of those characteristics was legally established but not conforming to one or more requirements of this Chapter. (h) All applicable requirements of Article 12, pertaining to the procedures to secure approval of the land use, structure, lot, site, and/or development. Even uses that are listed as permitted ("P") in Figures 5.07.3.04 and 5.07.3.05 almost always require some sort of City approval prior to being established, such as site plan approval, a building permit, and/or a certificate of occupancy. (2) Number of Principal Buildings Per Lot More than one principal building is allowed on any one lot, except that more than one principal building on any lot within the R-1 and R-2 districts shall require a conditional use permit unless within an approved condominium development. Principal Use to Precede Accessory Use or Structure No accessory structure or use shall be constructed on any lot prior to establishment of a principal use on that same lot, unless otherwise allowed in this Chapter. (4) Utility Connections to Principal Buildings for Human Habitation All principal buildings used for human habitation shall be provided at all times with functional connections to water, sanitary sewer, and electrical utilities. Where public water utility service is not available to an area in the determination of the Public Works Director, connection to a functioning private well in accordance with Wis. Admin. Code NR § 812 shall suffice. Where sanitary sewer service is not available to an area in the determination of the Public Works Director, connection to a functioning private onsite wastewater treatment system approved by Oneida County shall suffice. The installation of holding tanks in the City shall not be permitted, except in one of the following circumstances: (i) As a replacement on a property where there was a legal holding tank as of [ADOPTION DALE]. (j) As a replacement system for a private on -site wastewater treatment system only if the Oneida County Environmental Services Division determines that the property is unsuitable for any other type of private on -site wastewater treatment system, including any conventional or mound system. (k) If otherwise a conditional use permit is applied for and granted under Section 5.07.12.07. (3) Article 3: LAND USES ALLOWED IN ZONING DISTRICTS 3-2 l itiNt i. T)Im3t ZONING ORI 5.07.3.04: Allowable Uses in Re,idential attd Open l g ar % S'c to rt .t ?.3.04: Allowable Uses in Residential anc cuing Distri DILA 2020 Space Zoning Section 5.07.3.04; Allowable Uses in Residential and Open Space Zoning Districts Figure 5.07.3.04: Allowable Uses in Residential and Open Space Zoning Districts P = Permitted Use C = Conditional Use = Temporary U Empty = Prohibited Use and Use Category :d Use Type R-1 R-2 Distr R-3 C -R Residential Land Uses coon 3.07,4.02 for descriptions and standards for each Send y Detached Residence P P Two -Family Residence P P Townhouse 4 Mu idencc Manufactured/Mobil unity P 6) . Iixed Use Dwelling Unit. Agricultural Land Uses (see Section 5.07.4.03 for descriptions and standards or each land use Agricultural or Forestry Use C C Agricultural- or Forestry -Relater: C On -site Agricultural Retail ional and Recreational Land Uses 5.07.4.04 for assi e Outdoor- Public Recreation criptions/standards for each u Active Outdoor Public Recreation C C P P Indoor Institutional —General 4) Indoor Institutional —Large C C Outdoor Institutiona C 6) Public Service or Utility Institutional Resides C Community Living Arrangement (1-8 persons) P P Community Living. rrangement(9-15 persons C C P Community Living Arrangement (16+ persons C Commercial Land Uses (see Section 5.07.4,05 for descriptions and standards for each land u Office C Personal or Pro Tonal Service Artisan Studio 4) Group Day Care Center C C Article 3: LAND USES ALLOWED IN ZONING DISTRICTS 3-3 (;YIY OF RHINEI.ANDE.R ZONING Otil>INANC.k. .*cc'nnn �ll?3(i-k .111c,whic L'sc; in Itc:;idcntial an;1 i.0'.:.(h!. ,\fl r;thic itt Figure 5.07.3.04: Allowable Uses iaa Residential and Open Space Zoning Districts P = Permitted Usc C = Conditional Use T = Temporary Use Empty = Prohibited Use and Use Category Land Use Type R-1 Zoning Dis R-2 R-3 C -R s or Sergi Ce Display Itcloor Repair ant Outdoor and Vehicle Repair and ? laintenance r Drive or Commercial Entertainment and Dining Outdoor Commercial Break ast 4 Ind Commer indoor I.odl;ing Tourist Hou need Business C Micro -beverage Production Facility Storage or Disposal Land Use see Secttc.ln 5.07.4.06 for descriptions ;tt c standards for t. tch land use Indoor Storage or Wholesaling Outdoor Storage or Wholesaling Personal Storage Facility d or Salvage Yard Disposal, Composting, and n Transportation Land Uses (see Section 5.{) 7.4017 for descriptions and standards for catch land use) Airport or. Heliport C C uti ial Land Uses (sec Sectit:>It 5.()7.408 for descriptions and standards for each land us us Donation Drop -Off Box or Vending Machine Section 5.07.3.04: Allowable Use, Space lsmning Districts sidential and Open fhrsrgtr Section 3.017'.3,04: Allowable Uses in Res Space %on Figure 5,07.3,04: Allowable Uses in Residential and Open Space Zoning Districts P = Permitted Use C = Conditional Use T = Temporary Use Empty = Prohibited Use d Use Catego and Use Type C C C C R-2 R-3 C -R Communications 44 Non -Metallic Mineral Extraction Accessory and Miscellaneous Land Uses ion 3, 7,4, for descriptions/standards for each to Detached Accessory Structutre (For Non- Re ntial Use) P P P Detached Accessory structure ('For Residential Use P P P P Family Day Care Home (4-8 Children P P aediate Day Care Ilo e (e) 15 Child 1lincar Elomc Occupation Major I -Ionic Occupation rite P C C: 8) Accessory Dwelling C C C ping of Chickens P P 01 Small Exterior Communication Device P P P P for Communication Device C C C C Small Solar tar Wind Energy P Outdoor Solid Fuel Furnace P Course or "rack C C C 7) Outdoor Alcohol Area l8) Company Provided On -S 101 Light Industrial ctivities ncidental t Indoor ?0) C,)utdoor Display Incidental to h ncidenta ndustr*tl Land Use or Light nporary Land Uses ion 5.07.4.10 for descrisations and standards for each land use porary Outdoor Garage, Yard, Estate, and In -Home Sales .AND USES ALLOW :D IN ZONING DISTRICTS 3-5 6 CITY of RrttnEa A Section 5.07,3.04: blc Uses in Residential and Open DRAFT: JANUARY 2020 Sedinn x.0.7 3.04: Allowable Uses in Residential and C:7l en Space Zoning Districts Figure 5.07.3.04: Allowable Uses Residential and Open Space Zoning Districts P = Permitted Use C = Conditional Use T = Temporary Use = Prohibited Use Land Use Category Land Use Type R-1 Zoning Dis, R-2 R-3 C -R Outdoor Assembly or Special Event T Development Project Contractors Office, Real Estate Office, or Storage Facility T Portable Storage Container .T T P Relocatable Building T Temporary Unscreened Outdoor Storage Accessory to an Industrial Use 1r `D USES ALLOWED IN ZONING DISTRICTS 3-6 CITY 0 DRAFT: t ta'2020 Section 5.07,3.05: Allowable Uses in Non -Resider Zoning Districts' Sraisn 5.07.3,.05: Allowable Uses in Non -Residential "Zoning Districts Section 5.07.3.05: Allowable Uses in Non -Residential Zoning Districts Figure 5.©7.3.05: Allowable Uses in Non -Residential Zoning Districts P =Permitted Use C = Conditional Use T = Temporary Use Empty Cell = Prohibited Use d Use Category nd Use Type 5.07.4.02 for descriptions and standards for each land use) Residential Land Uses Single -Family Detached Residence use (4) fixed Use Dwelling Unit P P C Residence d/i Iobile I-lome C C Agricultural Land Uses (see Section 5,07.4.03 for descriptions ar P P ndards for each land u C Agricultural or Forestry or Forestry -Related Use C C; nstitutional and Recreational Land Uses (s 5.07.4.04 for descri ns/standards for each u Passive Outdoor Public Recreation Outdoor Public Recreation p p P P P P P P P P P Institutional - P P P 4) Indoor Institutional —Large C C; Outdoor Institutiona C C C C C Public Service o P Institutional Residential c C; C C c �ommunr C P 9) C:otxtmunii3= Living Arranger (e1-15 persons) P 0) Community I 1� persons gi C C Commercial Land Uses 5.07.405 for escri1 ndards for each land use Office P P P P ional Service C Artisan Studio P C Article 3; LAND USES ALLOWED IN ZONING DISTRICTS 5,07,3,05: Allowable Uses in Non -Residential Districts _ eetion 5.07.3,05 Allowable Uses in Non -Residential Zoning Districts Figure 5.©7,3.05: Allowable Uses in Non -Residential Zoning Districts P =Permitted Use C = Conditional Use T = Temporary Use Empty Cell = Prohibited Use and Use.Category Zoning_District Land UseTvt`ae B-1 B-2 B-3 CB I-1 I-2 INT Group Day Care Center Indoor Sales or aervir c --General P P P C Indoor Sales or Service —Large C Outdoor Display C C Indoor Repair and Maintenance 9) Outdoor andVehicle Repair and Maintenance C C 0) Drive -In or Drive - Service g ates or Indoor Commercial E.=l and Dining P P 12) Outdoor Commercial Eli nrnen Bed and Breakfast C C C 14) Rooming House 5) Campground 6) Commercial. Indoor L cadging 71 Tourist House P P C C 18 Sexually -Oriented Business icrobeveratre Production acili C P Storage or Disposal Land Uses (see Section nd standards for each land u Indoor Storage or ltole C C C P P Outdoor Storage or ln<alc Baling Personal Storage Fault C P P C 4 rd or Salvage Yard Solid Waste Disposal, Composting, and/or Recycling Facility Transportation Land Uses S and standards for each land use) ction 5.07.4.07 for desert! C C Off -Site Parkin C P C C C C Airport or Heliport 1 reight Terminal, Commodi Trucking, or Distribution Cc 3-8 Article 3: LAND USES ALLOWED IN ZONING DISTRICTS ZONING ORDINANCE 05: Allowable Uses in Non-)"<oidential 5.07_3.05: allowable Uses in Non•Residcntial Zoning Di: trict, Figure 5.07.3.05: Allowable Uses in Non -Residential Zoning Districts P =Permitted Use C = Conditional Use T = Temporary Use Empty Cell = Prohibited Use Id :se Cateo nI Use Te ndustri 5.07.4 ,0 scriptions and standards for cac nd Uses use Light Industrial P FIeavv Industrial C P mmunications Tower 4 Non -Metallic 'Minera Accessory and Miscellaneous Land Uses Detached Accessory Structur Non -Residential Use) Detached Accessory Residential Use) Day Care crnediate Day ildrenl Minor I tome Occupation 6 ome Occupation In I Tome Suite Accessory Dwelling Unit 9 Keeping of Chickens d nor Communication Device or Communication Device Outdoor Solid isle Course or Track Donation Drop -Off' Box or ling Machine Outdoor Alcohol Area Company Provided )n -site Amenities Light Industrial Activities Incidental to Indoor Sales or Services .tion 5.07.4.09 for descr P C s for each use C C C C P C P P P P P P P C C P 3-9 Article 3. LAND USES ALLOWED IN ZONING DISTRICTS H 3i,r$ DkR Z N NC; ORDTN,AN( 5.0"7.3.05; Allowable Uses in Non -Residential Salim 5,073X5: Allowable Uses in Non -Residential /inning Districts Figure 5.07.3.05: Allowable Uses in Non -Residential Zoning Districts P=Pertrritted Use id Use Ca tego d Use Type C = Conditional Use Outdoor Display Incidental to Indoor Sales or Service (13+ days Indoor Sales Incidental to Light Industrial ,and Use Temporary Land Uses (see Section 5.07.4 General 'Temporary Outdoor Sales Empty Cell Prohibited Use B-1 T = Temporary Use I.' Zoning P P Garage, ard, Estate, and In -Home Outdoor Assembly or Special Event I T T T 4) Development Project Contractors , Sales ( ffice, car Stcaras e E s T T Temporary Portable Storage Container T mpcarart T 1 T T Relocatable Building (8) Temporary Unscreened Outdoor Storage ,Accessory to an industrial Use Article 3: LAND USES ALLOWED IN ZONING DISTRICTS 3-10 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.01: Purpose through Section 5.07.4.02: Residential Land Use Types Article 4: LAND USE DESCRIPTIONS AND STANDARDS Section 5.07.4.01: Purpose (1) Article 4 includes descriptions and performance standards for the land use types listed in Figures 5.07.3.04 and 5.07.3.05 as permitted, conditional, or temporary uses in at least one standard zoning district. Where provided, performance standards shall be met as part of new and expanded of land uses within the corresponding land use type after [INSERT ADOPTION DATE], but generally not to pre-existing land uses of that type except where indicated. (2) The minimum number of off-street parking spaces for each land use type is provided in this Article. Other specifications for parking lots and spaces are provided in Section 5.07.9.08, including potential reductions or exemptions to minimum parking space requirements in this Article 4 in certain circumstances and zoning districts. All other applicable sections of the Rhinelander Code of Ordinances shall apply, including but not limited to the Building, Electrical, Plumbing, and Housing Codes. (3) Section 5.07.4.02: Residential Land Use Types (1) Single -Family Detached Residence. A dwelling unit designed for and occupied by not more than one family and having no roof, wall, or floor in common with any other dwelling unit, and located on an individual lot. The dwelling unit must be a site built structure built in compliance with the State of Wisconsin Uniform Dwelling Code (UDC), a manufactured dwelling (modular home) as permitted by the UDC, or a manufactured home that has received a Federal Manufactured Housing Certificate label. Performance Standards: 1. The minimum Gross Floor Area shall be 750 square feet, exclusive of an attached garage, carport, or open deck. 2. The dwelling unit must be attached to a finished, permanent foundation, such as a poured concrete slab or basement meeting UDC requirements. 3. The dwelling unit roof shall have a pitch of at least four feet in rise for every 12 feet in run, except by conditional use permit where the petitioner can verify that snow loads can be managed. 4. This dwelling unit type may not be split into two or more dwelling units, except for "In -Home Suites" meeting the requirements of this Section. 5. Minimum Required Off -Street Parking: 2 spaces, which may be provided within a driveway, garage, or both and may be tandem or side -by -side. (2) Two -Family Residence. A single building containing two separate dwelling units, each unit having a private individual exterior access, and with no shared internal access within the building. Two -Family Residences may be attached side -by -side units each with a ground floor and roof (duplex) or two-story buildings with one unit above the other (flats). Performance Standards: 1. The structure must comply with the State of Wisconsin Uniform Dwelling Code (UDC), including that the common wall between the units shall meet UDC requirements from the basement floor to the top of the roof. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-1 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.02: Residential Land Usc Types through Section 5.07.4.02: Residential Land Use Types (3) 2. Where side by side, a building code -required, fire rated wall must separate the two dwelling units from the lowest level to flush against the underside of the roof. 3. Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit. 4. The minimum Gross Floor Area of each dwelling unit shall be 600 square feet, exclusive of attached garages, carports, and open decks. 5. If the two-family residence is classified as a "zero lot line duplex," as defined in Section 5.07.13.04, the following additional performance standards apply: a. The building shall meet the front, side, and rear setbacks required for the applicable zoning district in which the duplex is located, except that the yard with the shared wall shall have no minimum setback requirement. b. The common wall between the units shall meet UDC requirements from the basement floor to the top of the roof. c. A two -foot eve protrusion shall be installed along the shared wall into the yard of the lot containing the other duplex unit. d. The restrictive covenants included in Appendix A shall be required upon the establishment of any zero lot line duplex, recorded against both lots prior to occupancy of the duplex, and construed as zoning regulations. 6. Minimum Required Off -Street Parking 2 spaces per dwelling unit, which may be provided within a driveway, garage, or both and may be tandem or side -by -side. Townhouse. A single building containing three to eight horizontally attached dwelling units, each having a private, individual exterior access and sharing at least one common wall with an adjacent dwelling unit. Also referred to as a rowhouse. Performance Standards: 1. A building code -required, fire rated wall must separate each dwelling unit from adjacent dwelling units from the lowest level to flush against the underside of the roof. 2. Individual sanitary sewer and public water laterals and utility meters are required for each dwelling unit, except where otherwise permitted by the Director of Public Works. 3. The minimum Gross Floor Area of each dwelling unit shall be 600 square feet, exclusive of attached garages, carports, and open decks. 4. Shall meet the design standards for Multi -family Residences in Section 5.07.8.02, and is subject to site plan review as established in Section 5.07.12.10. 5. Townhouses proposed to be built as or converted to zero -lot line structures, as defined in Section 5.07.13.04, shall meet all standards for zero lot line duplexes in Section 5.07.4.02. 6. Minimum Required Off -Street Parking: 2 spaces per dwelling unit, which may be provided within a driveway, garage, or both and may be tandem or side -by -side. (4) Multi -Family Residence. A single building containing three or more individual attached dwelling units that take access from a shared entrance or indoor hallway. "Townhouses", "Institutional Residential Uses" including age - restricted senior housing, and "Rooming Houses" are regulated separately. Performance Standards: Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-2 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.02: Residential Land Use Types through Section 5.07.4.02: Residential Land Use Types (5) 1. The minimum Gross Floor Area of each dwelling unit shall be 300 square feet, exclusive of attached garages, carports, and open decks. 2. Shall meet the design standards for Multi -family Residences in Section 5.07.8.02, and is subject to site plan review as established in Section 5.07.12.10. 3. Minimum Required Off -Street Parking: 1 space per efficiency or one -bedroom dwelling unit; 2 spaces per dwelling unit with two or more bedrooms. Manufactured/Mobile Home Community. A form of residential development that is exclusively reserved for individually sold or rented pads or sites containing mobile homes and/or manufactured homes, as defined in Section 5.07.13.04. Performance Standards: 1. All new and expanded Manufactured/Mobile Home Communities shall be subject to site plan approval under Section 5.07.12.10. 2. All Manufactured/Mobile Home Communities shall be subject to licensing and monthly parking permit fee requirements in Section 4.05.08 of the Code. 3. Before any mobile home may be located within a Manufactured/Mobile Home Community, its placement shall be approved via building permit per Section 5.01.04 of the Code. 4. Movable footing slabs of reinforced concrete or other suitable means of supporting the mobile home shall be provided. 5. Within 30 days of occupancy, the owner shall remove the axle, and, within 60 days, install a fire and weather resistant, pre -finished material surrounding the entire perimeter of the home and completely enclosing a space between the exterior wall of such home and the ground. Such foundation siding shall be properly vented, harmonious, and compatible with the home. 6. Attachments to a mobile home unit, such as a sun porch or windbreak, shall not be wider than eight feet or longer than 24 feet. 7. Each mobile home shall be used as a residence for one household. No mobile or manufactured home may be split into two or more residences. 8. No mobile home shall be used primarily as a storage unit. Storage under mobile homes is prohibited. 9. No mobile or manufactured home site shall be rented for a period of less than 30 days. 10. See Figures 5.07.5.02(1) and 5.07.5.02(2) for minimum total area, setback, and other dimensional requirements. 11. No building shall be installed, stored, or kept within any power, pipeline, utility, or drainage/stormwater easement. 12. Each vacant manufactured or mobile home space or site shall be properly secured, maintained in a neat condition free from debris and properly mowed, and have all ground openings safely and securely covered or sealed. 13. No less than 10 percent of the total area of any Manufactured/Mobile Home Community shall be devoted to common recreational areas and facilities, such as playgrounds, community swimming pools, community buildings, and off-street recreation trails. Areas included in the calculation of common recreational facilities shall not include streets or parking areas. 14. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided and continuously maintained along all property borders abutting external public rights -of -way and land that is zoned R-1 or R-2. 15. Vehicular entrances to a Manufactured/Mobile Home Community (but not any one mobile or manufactured home) shall only be provided on external collector streets or arterial streets. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-3 CITY OF RHINELANDER ZONING ORDINANCE DRAFT l: JANUARY 2020 Section 5.07.4.02: Residential Land Use Types tbrough Section 5.07.4.02: Residential Land Use Types 16. Vehicular entrances to each mobile or manufactured home shall be from a shared private street or dedicated public street internal to the Manufactured/Mobile Home Community. 17. Internal streets shall be arranged so as to provide dear, unfettered access to residents, visitors, and emergency service providers, but to discourage outside traffic from traversing through the Community. The owner of each new or expanded Manufactured/Mobile Home Community shall, prior to site plan approval, verify that the City's largest fire truck can efficiently navigate the Community. 18. Access for pedestrians and cyclists entering or leaving the community shall be by safe and convenient routes. Pedestrian and bicycle crossings shall be safely located, marked, and controlled. 19. Each new and expanded Community shall include safe, efficient, convenient, and harmonious groupings of structures, uses, and facilities. 20. Pedestrian walkways shall form a logical, safe, and convenient system for pedestrian access to all dwellings, project facilities, and principal off-street pedestrian destinations. Maximum walking distance between dwelling units and related parking spaces and garbage storage areas intended for use of occupants shall not exceed 200 feet. 21. All new and expanded Manufactured/Mobile Home Communities shall make available or install one or more storm shelters for use by residents during severe weather, meeting all applicable FEMA design standards. 22. The Zoning Administrator, Building Inspector, or their lawful agents or employees are authorized to inspect each Manufactured/Mobile Home Community on an annual basis, or when they have identified particular issues requiring more immediate attention, to determine the health, safety, and welfare of the occupants of the park and inhabitants as affected thereby and the compliance of structures and activities therein with this Chapter and all other applicable laws. This standard shall apply to all Manufactured/Mobile Home Communities, regardless of when established. 23. Wrecked, damaged, or dilapidated mobile homes shall not be kept or stored upon any premises. The Building Inspector shall determine if a mobile home is abandoned, wrecked, damaged, or dilapidated to a point that makes it unfit for human occupancy without an investment in the mobile or manufactured home that is greater than 50 percent of its assessed value. Such mobile homes are hereby declared to be a public nuisance. Whenever the Building Inspector so determines, he or she shall notify the licensee or landowner and owner of the mobile home in writing that such public nuisance exists, giving the findings upon which his or her determination is based and shall order such home removed or repaired to a safe and sanitary condition of occupancy within a reasonable time, but not less than 30 days. This standard shall apply to all Manufactured/Mobile Home Communities, regardless of when established. 24. Minimum Required Off -Street Parking. 1 off-street space per mobile home plus parking necessary for other on -site uses, including but not limited to rental offices, community centers, or recreation facilities. (6) Mixed Use Dwelling Unit. A dwelling unit located within the same building as another land use type, generally above the ground floor of a building used for an office, retail, commercial service, or institutional land use. Performance Standards: 1. Mixed Use Dwelling Units located on the ground floor may not be located within the first 24 feet of the ground floor as measured from the front of the building, in order to maintain a primarily non-residential ground floor appearance. 2. Exterior entrances shall be to the shall be to the side or rear of the building wherever the City's site plan approval authority determines practical, but shall be connected via walkway or driveway to a public street. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-4 CITY OF RIIINEIANDER ZONING ORDINANCE Section 5.07.4.03: Agricultural Land Use Types DRAFT: JANUARY 2020 through Section 5.07.4.03: Agricultural Land Use Types 3. The minimum Gross Floor Area of each dwelling unit shall be 300 square feet, exclusive of attached garages, carports, and open decks. 4. New buildings including Mixed Use Dwelling Units shall, to the extent practical, meet the design standards for "Multi -Family Residences" established in Section 5.07.8.02. 5. Prior to occupancy of the Mixed Use Dwelling Unit, the applicant shall provide evidence of covenants specifying the obligations with respect to common structures, such as the shared wall, roof, and other inseparable improvements. 6. Minimum Required Parking: 1 space per efficiency or one -bedroom dwelling unit; 2 spaces per dwelling unit with two or more bedrooms. Section 5.07.4.03: Agricultural Land Use Types (1) Agricultural or Forestry Use. Any of the following activities conducted for the purpose of producing an income or livelihood: crop or forage production; beekeeping; nursery, sod, or Christmas tree production; floriculture; forest management; enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land and conservation payment program; the sale of agricultural products grown on the site or on an adjacent property in common ownership. Does not include the keeping of livestock (e.g., bovine animals, equine animals, goats, bison, elk, poultry, sheep, swine, farm raised deer, farm raised game birds, camelids, ratites) or any uses of land otherwise defined under the "Agricultural -Related Use" land use category. Performance Standards: 1. The sale of products that are grown or otherwise produced on non -adjacent property under the same ownership, or on property under different ownership, shall be prohibited. 2. The maximum total Gross Floor Area of a structure or a combination of structures dedicated primarily to the retail sales of products grown on site shall be 1,000 square feet in area. 3. Setbacks, including from residential zoning districts, are per Figures 5.07.5.02(2) and 5.07.5.03(2). 4. Minimum Required Off -Street Parking: one space per 200 square feet of indoor and outdoor sales areas plus one space per employee on the largest work shift. (2) Agricultural- or Forestry -Related Use. An area or facility that has at least one of the following as a primary and not merely incidental purpose: providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms; providing for the care, treatment, grooming, and/or boarding of farm and other large animals; storing, processing, or handling raw commodities obtained directly from farms or forestry operations; slaughtering livestock; marketing livestock to or from farms; processing agricultural or forestry by-products or wastes received directly from farms or forestry operations. Agricultural- or Forestry -related uses include, but are not limited to, agricultural or forestry implement sales, storage, and/or repair operations; feed and seed stores and storage facilities (except those accessory to an "Agricultural Use"); commercial raising of fish; fur farms; commercial stables; licensed farm auction operations; greenhouses and garden centers; orchard stores; agricultural waste and by-product disposal facilities (except those accessory to an "Agricultural Use"); commercial stables, grooming shops, animal shelters, and animal veterinary facilities serving farm and other animals larger than dogs and/or including any outdoor kenneling; boarding kennels where dogs, cats, horses, or other animals are kept for 24 hours or more for boarding, training or similar purposes for compensation; game farms or hunt clubs, excluding clubhouses with food and/or beverage services; lumber mills; de -barking operations; chipping facilities; farms regularly open for tours, demonstrations, hayrides, corn mazes, farm breakfasts, and other similar events. Not included within the "Agricultural- or Forestry -Related Use" land use category for purposes of this Chapter are facilities intended to convert agricultural or forestry products to energy as a principal use and primarily serving entities outside the premises (e.g., ethanol Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-5 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.04: Institutional and Recreational Land Use through Seaton 5.07.4.04: institutional and Recreational Land Use Types Types plants); agricultural chemical dealers and/or storage facilities; commercial food processing facilities; and canning and other food packaging facilities, which are instead classified as industrial uses. Performance Standards: 1. As part of the conditional use permit approval, the City may establish a limit on the number of animals that are serviced or boarded. 2. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to such land uses and do not require separate approvals. 3. Special events such as shows, exhibitions, and contests shall only be permitted when a temporary use permit or special event permit has been secured. 4. Setbacks, including from residential zoning districts, are per Figures 5.07.5.02(2) and 5.07.5.03(2). 5. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 6. Shall meet all performance standards in Article 9, including but not limited to odor standards in Section 5.07.9.15. 7. Commercial kennels and animal boarding facilities are subject to the requirements set forth in Chapters 3.06.06 of the Code. 8. Minimum Required Off -Street Parking: one space per every 1,000 square feet of indoor Gross Floor Area. Section 5.07.4.04: Institutional and Recreational Land Use Types (1) Passive Outdoor Public Recreation. Includes all recreational land uses located on public property or a public easement that involves passive recreational activities. Such land uses include arboretums, natural areas, wildlife areas, hiking trails, bike trails, cross country ski trails, horse trails, open grassed areas not associated with any particular "Active Outdoor Public Recreation" land use, picnic areas, picnic shelters, gardens, fishing areas, and public hunting grounds. Also includes community gardens, as defined in Section 5.07.13.03, regardless of whether on public or private land. Performance Standards: 1. Fences shall comply with the regulations in Section 5.07.9.03, except that chicken wire, woven wire, and related garden fencing shall be permitted without restriction around and within cultivated areas of a community garden. 2. All community gardens shall require issuance of a Zoning Permit per Section 5.07.12.04 prior to their establishment. The application shall include a plan that demonstrates consideration for and indicates locations of structures, materials storage, equipment storage, access for deliveries and pickups, water availability, and availability of parking. 3. The following structures are permitted within community gardens: tool sheds, shade pavilions, barns with approval of the Plan Commission, restroom facilities, planting preparation houses, hoop houses, benches, bike racks, raised/accessible planting beds, compost bins, picnic tables, seasonal farm stands, fences, garden art, rain barrel systems, beehives, and children's play areas. 4. Seasonal stands to sell cultivated products from a community garden are subject to the approval of the Plan Commission, and shall be removed from the premises or stored inside a building on the premises during that time of the year when the garden is not open for public use. 5. Minimum Required Off -Street Parking. One space per five expected patrons at maximum capacity for any use requiring over five spaces by this standard. (2) Active Outdoor Public Recreation. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-6 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.04: Institutional and Recreational Land Use through Section 5.07.4.04: Institutional and Recreational Land Use Types Types (3) Includes all land uses located on public property (including school athletic fields) or public easement that accommodate active recreational activities. Such land uses and activities include play courts (such as tennis courts and basketball courts), playfields (such as ball diamonds, football fields, and soccer fields), playgrounds, outdoor swimming pools, swimming beach areas, fitness courses, public golf courses, and similar land uses. Performance Standards: 1. Minimum Required Off -Street Parking: One space per five expected patrons at maximum capacity for any use requiring over five spaces by this standard. Indoor Institutional —General. Indoor community facilities that include 25,000 square feet in indoor Gross Floor Area or less, such as libraries, museums, funeral homes, community centers, schools, churches, nonprofit clubs, nonprofit fraternal organizations, medical offices and clinics, and similar land uses that meet this size requirement, but not including any fitness center, arena, auditorium, convention center, hospital, jail, prison, or similar use of a size and character that typically serve the needs of the whole community and region (regardless of whether over or under 25,000 square feet). Performance Standards: 1. Any crematory associated with a funeral home use shall meet all performance standards in Article 9, including but not limited to emission and odor standards, and shall provide evidence of valid State and/or federal license before commencing operations or at any time upon the request of the Zoning Administrator. 2. Minimum Required Off -Street Parking: Per Figure 5.07.4.04(1). Figure 5.07.4.04(1): Institutional Use Parking Requirements Hospital one space per two hospital beds, plus one space per staff doctor, and one space per two staff on the largest work shift Medical Office or Clinic one space per 300 square feet of Gross Floor Area Schools one space per two employees, plus one space per five students at maximum capacity for all secondary and post -secondary schools Cemetery one space per shift employee Country club 36 spaces per nine holes, plus one space per employee during the largest work shift, plus 50% of spaces normally required for accessory uses like bars and restaurants Other Uses not Listed Above one space per five seats or patrons at maximum capacity (4) Indoor Institutional —Large. Indoor community facilities that (a) include over 25,000 square feet of indoor Gross Floor Area, such as libraries, museums, funeral homes, community centers, schools, churches, nonprofit clubs, nonprofit fraternal organizations, medical offices or clinics, and similar land uses that that exceed this size threshold, and (b) all arenas, auditoriums, convention centers, hospitals, jails, prisons, and similar land uses. Performance Standards: Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-7 CITY OF RI-IINEL.ANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.04: Institutional and Recreational Land Use through Section 5.07.4.04: Institutional and Recreational Land Use Types Types 1. Parking, access, and site circulation shall meet the requirements of Sections 5.07.9.07 and 08. In addition: a. All such projects shall have direct access to an arterial or collector street, and direct vehicular connections to adjacent land uses if required by the Plan Commission. b. Vehicle access shall be designed to accommodate peak on -site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices. c. The development shall provide for safe pedestrian and bicycle access to all uses, and connections to existing and planned public pedestrian and bicycle facilities and adjacent properties. d. Landscaped islands or peninsulas shall be spaced within parking lots at intervals no greater than one island per every 20 spaces in that aisle. Each landscaped island or peninsula shall contain a minimum of 300 square feet in landscaped area. 2. Prior to conditional use permit or site plan approval, the City may require a traffic impact analysis, complete impact analysis shall be completed by a consultant approved by the City and holding appropriate experience and in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the State of Wisconsin DOT, except as otherwise approved by the City Engineer. Where the Traffic Impact Analysis indicates that a project may cause off -site public roads, intersections, or interchanges to function below level of service (LOS) C, the City may deny the application, may require a size reduction in the proposed development, and/or may require the developer to construct and/or pay for required off -site improvements to achieve LOS C for a planning horizon of a minimum of ten years assuming full build -out of the development. 3. Where the buildings is proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or secondary lots closer to the street. Placement and orientation shall be made with reference to neighboring buildings and sites. 4. Building design and materials shall meet the requirements of Section 5.07.8.02. In addition: a. Exterior building materials shall be of comparable aesthetic quality on all sides. b. Building materials such as glass, brick, tinted and decorative concrete block, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as determined appropriate by the Plan Commission. Decorative architectural metal with concealed fasteners or decorative tilt - up concrete panels may be approved if incorporated into the overall design of the building. c. The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent building size and scale. No building facade shall be without such features for a distance of greater than 100 horizontal feet. d. Public building entryways shall be clearly defined, highly visible on the building's exterior design, include clear doors and windows, and be emphasized by on -site traffic flow patterns. 5. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned land. 6. Stadiums and grandstands for athletic fields must be set back at least 200 feet from the nearest residentially zoned land. 7. Air domes may be allowed to house all or part of the indoor institutional use by conditional use permit. 8. Minimum Required Off -Street Parking: Per Figure 5.07.4.04(1). Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-8 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.4.04: Institutional and Recreational Land Use Types DRAFf: JANUARY 2020 through Section 5.07.4.04: Institutional and Recreational Land Use Types (5) Outdoor Institutional. Includes cemeteries, country clubs, and similar land uses. Performance Standards: 1. Minimum Required Off -Street Parking: Per Figure 5.07.4.04(1): (6) Public Service or Utility. Includes all municipal, county, state and federal facilities (except those separately addressed in this Section, like libraries); emergency service facilities such as fire departments and rescue operations; wastewater treatment plants; public and/or private utility substations; water towers; utility and public service related distribution facilities; and similar land uses. Power plants shall be regulated as "Heavy Industrial" uses, to the extent allowed under applicable state and federal law. Performance Standard!:: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. All buildings shall meet the standards for non-residential structures in Section 5.07.8.02. 3. Setbacks, including from residential zoning districts, are per Figures 5.07.5.02(2) and 5.07.5.03(2). 4. Minimum Required Off -Street Parking: one space per employee on the largest work shift. Institutional Residential. (7) Includes age -restricted senior housing, retirement homes, assisted living facilities, nursing homes, hospices, group homes, convents, monasteries, dormitories, convalescent homes, limited care facilities, rehabilitation centers, and similar land uses not considered to be Community Living Arrangements under Wisconsin Statutes 62.23. Performance Standards: 1. There shall be a minimum of 1,000 square feet of Gross Site Area (GSA) for each dwelling unit within the development. 2. An off-street passenger loading area shall be provided at a minimum of one location within the development. 3. Minimum Required Off -Street Parking: Per Figure 5.07.4.04(2). Figure 5.07.4.04(2) Institutional Residential Parking Requirements Land Use Senior Housing — Independent Living Minimum Required Off Strict Parking Spaces 0.75 space per dwelling unit Senior Housing` Assisted Living or Limited Care Facility two spaces, plus one space per two dwelling units where residents have the ability to drive Nursing Home, Hospice, Memory Care, Rehabilitation Center one space per four patient beds, plus one space per employee on the largest work shift Monastery, Convent, Dormitory one space per six residents, plus one space per employee on the largest work shift (8) Community Living Arrangement. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-9 CM OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.05: Commercial Land Use Types through Section 5.07.4.05: Commercial Land Use Types Includes community living arrangements for adults, as defined in Section 46.03(22), Wisconsin Statutes; community living arrangements for children, as defined in Section 48.743(1), Wisconsin Statutes; foster homes, as defined in Section 48.02(6), Wisconsin Statutes; or adult family homes, as defined in Section 50.01 (1) (a) or (b), Wisconsin Statutes. Community Living Arrangements do not include "Group Day Care Centers" (see separate listing); nursing homes or other "Institutional Residential" land uses; or hospitals, prisons, or jails (all "Indoor Institutional" land uses). Community Living Arrangements are regulated depending upon their capacity as provided for in Sections 61.35 and 62.23(7)(i), Wisconsin Statutes, provided any such regulations do not violate federal or state housing or anti -discrimination laws. Performance Standards: 1. Except as provided in subsections 3. and 4. below, no Community Living Arrangement shall be established within 2,500 feet of any other such facility regardless of its capacity unless the Plan Commission and City Council agree to a reduction in spacing. Two community living arrangements may be adjacent if the City authorizes that arrangement and if both facilities comprise essential components of a single program. 2. Except as provided in subsection 3. below, the total combined capacity of all Community Living Arrangements (of all capacities) in the City shall not exceed one percent of the combined population of the City (unless specifically authorized by the City Council following a public hearing). The applicant shall be responsible for providing information on the total, combined capacity of all Community Living Arrangements within the City. 3. A foster home that is the primary domicile of a foster parent and that is licensed under s. 48.62, or an adult family home certified under Wisconsin Statute 50.032 (1m)(b) shall be a permitted use in all residentially zoned areas and are not subject to subsections 1. and 2. above except that foster homes operated by corporations, child welfare agencies, churches, associations, or public agencies shall be subject to subsections 1 and 2. 4. No adult family home described in Wisconsin Statute 50.01(1)(b) may be established within 2,500 feet, or any lesser distance established by an ordinance of the City, of any other adult family home described in Wisconsin Statute 50.01(1)(b), or any Community Living Arrangement. An agent of an adult family home described in Wisconsin Statute 50.01(1)(b) may apply for an exception to this requirement, and the exception may be granted at the discretion of the City. 5. Minimum Required Off -Street Parking three spaces, plus one space for every three residents except for those residents under 16 years of age and otherwise without the ability to drive. Section 5.07.4.05: Commercial Land Use Types (1) Office. Includes all exclusively indoor land uses whose primary functions are the handling of information, administrative services, or both, generally with little direct service to customers on -site. Office uses that are accessory to a principal residential use of a property are not considered "Personal or Professional Service" uses, but are instead regulated as home occupations under this chapter. Performance Standards: 1. Minimum Required Off -Street Parking, one space per 300 square feet of Gross Floor Area. (2) Personal or Professional Service. Exclusively indoor land uses whose primary function is the provision of services directly to an individual on a walk-in or on -appointment basis. Examples include professional services, banks, insurance or financial services, realty offices, barber shops, beauty shops, and small animal veterinary clinics. Veterinary clinics catering to animals larger than domestic dogs and/or requiring outdoor kennels shall be regulated as "Agricultural- and Forestry -Related Uses." Service uses that are Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-10 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.4.05: Commercial Land Use Types DRAFT: JANUARY 2020 through Section 5.07.4.05: Commercial Land Use Types (3) accessory to a principal residential use of a property are not considered "Personal or Professional Service" uses, but are instead regulated as home occupations. Performance Standards: 1. Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area. Artisan Studio. A building or portion thereof used for the preparation, display, and sale of individually crafted artwork, photography, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven sections, and related items, and occupied by no more than five artists or artisans. Uses occupied by more than five artists or artisans shall be considered a "Light Industrial" use under Section 5.07.4.08(1). Studios that are accessory to a principal residential use of a property are not considered "Artisan Studio" uses, but are instead regulated as home occupations. Performance Standards: 1. Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area. (4) Group Day Cate Center. A land use in which licensed persons and facilities provide child care services for nine or more children, such as day care centers, pre-schools, and nursery schools. Such land uses may be operated in conjunction with another principal land use on the same site, such as a church, primary school, business, or civic organization. Performance Standards: 1. Group Day Care Centers shall not be located within a building that is also occupied as a residence. 2. Minimum Required Off -Street Parking: one space per five students, plus one space for each employee on the largest work shift. (5) Indoor Sales or Service —General. Includes all land uses, except as otherwise separately listed in this Section, that occupy a building less than 25,000 square feet in area and conduct or display sales or rental merchandise or equipment, or that conduct non -personal or non-professional services, entirely within an enclosed building. This includes a wide variety of retail stores and commercial service uses not otherwise listed in this Chapter, along with self-service facilities such as coin -operated laundromats. Display of products outside of an enclosed building shall be considered an "Outdoor Display Incidental to Indoor Sales" accessory use, or, if outdoor sales exceed 15 percent of the total sales area of the building(s) on the property, an "Outdoor Display" second principal land use of the property. Sales or service uses that are accessory to a principal residential use of a property are not considered "Indoor Sales or Service" uses, but are instead regulated as home occupations. Performance Standards: 1. Outdoor display areas shall be permitted only where clearly depicted on the approved site plan, and shall meet other requirements for outdoor display in this Chapter (either per Section 5.07.4.05(7) or 5.07.4.09(20). All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten feet. 2. Outdoor storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items, shall be permitted only where clearly depicted and labeled on the approved site plan. Such outdoor storage uses and areas shall be appropriately screened per Section 5.07.9.06. 3. All pawn and similar resale shops shall be subject to licensure requirements in Section 4.05.4 of the Code. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-11 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.4.05: Commercial Land Use Types DRAFT: JANUARY 2020 through Section 5.07.4.05: Commercial Land Use Types 4. Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area. (6) Indoor Sales or Service —Large. Includes all land uses, except as otherwise separately listed in this Section, that occupy a building of 25,000 square feet or greater in area and conduct or display sales or rental merchandise or equipment, or that conduct non -personal or non-professional services, entirely within an enclosed building. This includes a wide variety of retail stores and commercial service uses not otherwise listed in this Chapter, along with self-service facilities such as coin -operated laundromats. Display of products outside of an enclosed building shall be considered an "Outdoor Display Incidental to Indoor Sales" accessory use, or, if outdoor sales exceed 15 percent of the total sales area of the building(s) on the property, an "Outdoor Display" second principal land use of the property. Performance Standards: 1. Parking, access, and site circulation shall meet the requirements of Sections 5.07.9.07 and 08. In addition: e. All such projects shall have direct access to an arterial or collector street, and direct vehicular connections to adjacent land uses if required by the Plan Commission. f. Vehicle access shall be designed to accommodate peak on -site traffic volumes without disrupting traffic on public streets or impairing pedestrian safety. This shall be accomplished through adequate parking lot design and capacity; access drive entry throat length, width, design, location, and number; and traffic control devices. The development shall provide for safe pedestrian and bicycle access to all uses, and connections to existing and planned public pedestrian and bicycle facilities and adjacent properties. h. Landscaped islands or peninsulas shall be spaced within parking lots at intervals no greater than one island per every 20 spaces in that aisle. Each landscaped island or peninsula shall contain a minimum of 300 square feet in landscaped area. 2. Prior to conditional use permit or site plan approval, the City may require a traffic impact analysis, complete impact analysis shall be completed by a consultant approved by the City and holding appropriate experience and in accordance with the most current revision of the Traffic Impact Analysis Guidelines published by the State of Wisconsin DOT, except as otherwise approved by the City Engineer. Where the Traffic Impact Analysis indicates that a project may cause off -site public roads, intersections, or interchanges to function below level of service (LOS) C, the City may deny the application, may require a size reduction in the proposed development, and/or may require the developer to construct and/or pay for required off -site improvements to achieve LOS C for a planning horizon of a minimum of ten years assuming full build -out of the development. 3. Where the buildings is proposed to be distant from a public street, as determined by the Plan Commission, the overall development design shall include smaller buildings on pads or secondary lots closer to the street. Placement and orientation shall be made with reference to neighboring buildings and sites. 4. Building design and materials shall meet the requirements of Section 5.07.8.02. In addition: a. Exterior building materials shall be of comparable aesthetic quality on all sides. b. Building materials such as glass, brick, tinted and decorative concrete block, wood, stucco, and exterior insulation and finish systems (EIFS) shall be used, as determined appropriate by the Plan Commission. Decorative architectural metal with concealed fasteners or decorative tilt - up concrete panels may be approved if incorporated into the overall design of the building. g. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-12 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.05: Commercial Land Use Types through Section 5.07.4.05: Commercial Land Use Types (7) c. The building shall employ varying setbacks, heights, roof treatments, doorways, window openings, and other structural or decorative elements to reduce apparent building size and scale. No building facade shall be without such features for a distance of greater than 100 horizontal feet. d. Public building entryways shall be clearly defined, highly visible on the building's exterior design, include dear doors and windows, and be emphasized by on -site traffic flow patterns. 5. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned land. 6. Outdoor display areas shall be permitted only where clearly depicted on the approved site plan, and shall meet other requirements for outdoor display in this Chapter (either per Section 5.07.4.05(7) or 5.07.4.09(20). All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten feet. 7. Outdoor storage structures or uses, including the parking or storage of service vehicles, trailers, equipment, containers, crates, pallets, merchandise, materials, fork lifts, trash, recyclables, and all other items, shall be permitted only where clearly depicted and labeled on the approved site plan. Such outdoor storage uses and areas shall be appropriately screened per Section 5.07.9.06. 8. Where such a building is proposed as a replacement location for a business already located within the City, the City prohibits any privately imposed limits on the type or reuse of the previously occupied building through conditions of sale or lease. 9. The developer may be required to enter into a development agreement with the City, which may address fees, off -site improvements, and other matters to assure compliance with conditional use permit approval conditions. 10, Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area. Outdoor Display. Includes all land uses, except as otherwise separately listed in this Article, that conduct sales or display sales or rental merchandise or equipment outside of an enclosed building. Examples include outdoor vehicle sales, outdoor vehicle rental, manufactured home sales, monument sales, and outdoor sales yards associated with a retail use that exceed the size threshold below (as a second principal use on the property). Such land uses do not include the storage or display of inoperative vehicles or equipment, or other materials typically associated with a "Junkyard or Salvage Yard" use. If only a limited amount of outdoor area (less than 15 percent of the total Gross Floor Area of the building(s) on the property) is used for display of product outside of an enclosed building, such use shall instead be considered an accessory use under "Outdoor Display Incidental to Indoor Sales" accessory use listing below. Performance Standards: 1. The display of items shall not be permitted in required landscaped areas, required buffer yards, or required setback areas for the principal structure. 2. All exterior display areas shall be separated from motor vehicle routes by a physical barrier visible to drivers and pedestrians, and by a minimum of ten feet. 3. Items being displayed shall not interfere with motor vehicle, pedestrian, and bicycle traffic visibility. 4. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 5. The display of items outdoors shall be permitted during the entire calendar year; however, if items are removed from the display area, all support fixtures used to display the items shall be removed. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-13 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.4.05: Commercial Land Use Types DRAFT: JANUARY 2020 through Section 5.07.4.05: Commercial Land Use Types (8) (9) 6. Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area. In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below what is required in this Section. If the number of provided parking stalls on the property is already less than the requirement, such display area shall not further reduce the number of parking stalls already present. Indoor Repair and Maintenance. Includes all land uses, except as separately listed, that perform repair and maintenance services for consumer products and contain all operations (except loading) entirely within an enclosed building, including electronics, mechanical, and small engine repair service businesses. Because of outdoor vehicle storage requirements, all vehicle repair and maintenance uses shall instead be regulated as "Outdoor and Vehicle Repair and Maintenance" uses. Performance Standards: 1. Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area. Outdoor and Vehicle Repair and Maintenance. Includes all land uses, except as separately listed in this Section, that perform maintenance services (including repair) and have all, or any portion (beyond simply loading) of their operations located outside of an enclosed building. Also includes all businesses that repair or maintain motor vehicles designed for road use and brought in from off -site. Performance Standards: 1. No motor vehicle wrecking is permitted. 2. All motor vehicle repair work shall be done within completely enclosed buildings. 3. Outdoor storage of vehicle parts and abandoned, unlicensed, and inoperable vehicles is prohibited, except that each inoperable vehicle being serviced may be kept outdoors for a period not exceeding 30 days. 4. All outdoor activity areas shall be completely enclosed by an opaque fence, wall, or building section, set back from any residentially zoned property per Figure 5.07.5.03(2). 5. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 6. Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area, or one space per each employee on the largest shift, whichever is less. (10) Drive -Through and Drive -In Sales or Service. Includes all land uses that perform sales and/or services to persons in vehicles, or to vehicles that may or may not be occupied at the time of such activity (except "Outdoor and Vehicle Repair and Maintenance" land uses, which are separately listed and regulated). Also includes land uses that conduct sales from a vehicle such as a food truck or trailer (or any other structure for an outdoor food vendor) in one place for more than 120 consecutive days. Such uses often have traffic volumes that exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples include drive-in, drive -up, and drive -through facilities in conjunction with another principal use (like a bank or restaurant), vehicular fuel stations, food trucks/trailers, and all forms of car washes. Performance Standards: 1. Each drive -up lane shall have minimum on -site stacking lengths of 50 feet both behind and beyond the pass through window. 2. The drive -through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-14 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.05: Commercial Land Use Types through Section 5.07.4.05: Commercial Land Use Types 3. Clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to drive -through lane(s). 4. All vehicular areas of the facility shall provide a surface paved with concrete or bituminous material that is designed to meet the requirements of a minimum four ton axle load. 5. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 6. Concrete curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands. 7. Any text or logo larger than one square foot per side on an overhead canopy or other accessory structure shall be considered a freestanding ground sign subject to regulation under Article 10. 8. Minimum Require Off -Street Parking: Refer to the parking requirements of the other land uses on the site, such as "Indoor Sales and Service" land uses for a gas station/convenience store. (11) Indoor Commercial Entertainment and Dining. Includes all uses that provide dining, drinking, and/or entertainment services within an enclosed building. Such land uses include restaurants; cafes; coffee shops; taverns; brewpubs; theaters; health or fitness centers; indoor swimming pools (not including those in schools); dance, art, martial arts, and other forms of training studios; bowling alleys; arcades; roller rinks; indoor shooting ranges; and pool halls. May include an outdoor service area not exceeding 25 percent of indoor floor area. Uses that serve alcohol outdoors must also meet requirements associated with the "Outdoor Alcohol Area" land use. Does not include any "Microbeverage Production Facility" or "Sexually -Oriented Business," which instead are listed and regulated separately. Performance Standards: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. Air domes may be allowed to house all or part of the indoor commercial entertainment use by conditional use permit. 3. Minimum Required Off -Street Parking: one space per every 300 square feet for restaurants, cafes, coffee shops, taverns and brewpubs; one space per every three patrons at maximum capacity for all other indoor commercial entertainment uses. (12) Outdoor Commercial Entertainment. Includes all uses that provide entertainment services partially or wholly outside of an enclosed building. Such activities often have the potential to be associated with nuisances related to noise, lighting, dust, trash, and late operating hours. Examples include outdoor commercial swimming pools, driving ranges, miniature golf facilities, amusement parks, drive-in theaters, go-cart tracks, racetracks, and shooting ranges. Uses that serve alcohol outdoors are classified and regulated as an "Outdoor Alcohol Area Accessory to Indoor Commercial Establishments." Does not include any "Sexually -Oriented Business," which instead are listed and regulated separately. Performance Standards: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. Activity areas (including movie screens) shall not be visible from any residentially zoned property. 3. Minimum Required Off -Street Parking: one space for every three persons at the maximum capacity of the establishment. (13) Bed and Breakfast. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-15 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.05: Commercial Land Use Types through Section 5.07.4.05: Commercial Land Use Types Exclusively indoor lodging facilities that provide meals only to paying lodgers, and in which the operator is also a resident of the premises. Such land uses may provide indoor recreational facilities for the exclusive use of their customers. Performance Standards: 1. The dwelling unit in which the Bed and Breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the Bed and Breakfast establishment is active. 2. Shall meet all requirements of the Wisconsin Administrative Code. 3. The maximum stay for any occupants of a Bed and Breakfast establishment shall be 14 days. 4. Each operator shall keep a list of names of all persons staying at the Bed and Breakfast establishment. This list shall be kept on file for a period of one year. Such list shall be available for inspection by the Zoning Administrator at any time. 5. Only the meal of breakfast shall be served to overnight guests. 6. If alcoholic beverages of any kind are to be served on the premises, the owner of the establishment shall first obtain the appropriate license in accordance with City and State regulations. 7. Prior to opening for business, every bed and breakfast establishment shall obtain a permit from the City Clerk by application made upon a form furnished by said officer. Such permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A bed and breakfast permit shall be valid until terminated by action of the City Clerk for violation of the provisions of this Chapter or of State regulations. 8. Minimum Required Off -Street Parking. one space per each bedroom in addition to standard requirements for principal residential use. (14) Rooming House. Any dwelling, or that part of any dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator. Also commonly referred to as a "boarding house." Does not include any "Multi -Family Residence", "Community Living Arrangement," "Institutional Residential," or "Bed and Breakfast" uses, which are separately classified and regulated. Performance Standards: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. The Rooming House must meet all design standards applicable to Multi -Family Residences in Section 5.07.8.02. 3. The Rooming House (regardless of when established) shall meet all applicable permitting and requirements of Section 5.04.10 of the Code, and other applicable requirements of Section 5.04. 4. Minimum Required Off -Street Parking: one space per room for rent, plus one space per each employee on the largest work shift. (15) Campground. A parcel of land designed, maintained, intended, or used for the purposes of providing a location for two or more camping units and designed and approved for overnight accommodation. A campground may be the sole principal use of a property, or part of a range of principal uses on a property (e.g., a component of a park, school forest, or other recreational facility). Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-16 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.4.05: Commercial Land Use Types DRAFT: JANUARY 2020 through Section 5.07.4.05: Commercial Land Use Types Performance Standards: 1. The application for a conditional use permit shall include the following information: a A written description of the proposed operation, including proposed months of operation; desired types of camping units; other ancillary uses proposed for the site; and assurances that the campground will be developed and operated in accordance with all approved plans. b. A campground plan map(s), drawn to scale, and including the proposed layout; location of camp sites, roads, parking areas, site boundaries; topography lines; minimum required yards; existing and proposed buildings and other structures; common recreational facilities; water supplies; sanitary waste disposal systems; grading plan and stormwater management system meeting the requirements of this Chapter; covered refuse storage areas; existing natural features including waterways, wetlands, floodplains, and shoreland areas; existing and proposed vegetation and recreation areas, and any other information the Zoning Administrator shall deem necessary. Professional engineering assistance is encouraged in such design, especially of access roadways, camping unit siting, site grading and stormwater management, and utility placement. 2. Any subsequent expansion beyond its approved number of sites and units or density of site or units, and construction of new or expanded recreational or service facilities shall require a new conditional use permit. Any modification of an approved plan which only moves sites and units or accessory buildings or recreational facilities shall only require site plan approval. 3. No single camping unit shall be occupied by the same party for a period of time longer than six continuous months in any 12 -month period, except as may be further limited by State Statutes or Administrative Rules. 4. Campground shall have direct access to a public road, with no more than two camp road access points to each abutting public road for the first 100 camp sites, plus one additional access for each 100 sites thereafter. 5. Camp sites and access roads shall be located, graded, and maintained so as to provide each site with positive site drainage. 6. Minimum lot size for any campground established after [INSERT ADOPTION DATE] shall be 10 acres. 7. Maximum gross density shall be eight individual camp sites or camping units per acre of active camping area. Active camping area consists of camp sites and land supporting the camp sites including access roads, recreational facilities, and other permanent campground infrastructure. 8. Individual camp sites shall be at least 1,200 square feet in area. Each camp site shall be clearly marked with an alpha or numeric symbol on a sign which is clearly visible from an access road. 9. There shall be a minimum separation of 10 feet between camping units. Any accessory structure on the campsite, such as but not limited to, a deck, porch, awning, or storage structure shall be considered part of the camping unit for purposes of this separation requirement. The total footprint of these accessory structures plus the camping unit shall not exceed 400 square feet. 10. Separate areas may be designated as a campground for group camping in tents. Within each group camping area, no more than 20 tents containing no more than 80 persons per acre shall be permitted. The group camping area must be provided with proper sanitary service as required by State Statutes. 11. Each campground may have up to two single-family dwellings for the private use and occupation of the owners and caretakers of the campground. 12. Each campground may, for only those persons camping on site, registered as guests or visitors or persons making a bona fide visit to check out the campground, or otherwise paying for the use Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-17 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.05: Commercial Land Use Types through Section 5.07.4.05: Commercial Land Use Types of the campground, provide for purchases of sundry supplies, cooked meals, and drinks including alcoholic beverages, if so licensed. 13. Each campground may accommodate common recreational facilities and amenities such as swimming pools, tennis courts, and other similar facilities. These facilities shall be considered a part of the active camping area. 14. A bufferyard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property and public roads. 15. Each campground established after [INSERT ADOPTION DATE] shall provide a minimum of 200 square feet per camping unit or one continuous acre of common recreation open space, whichever is greater. Yard areas within minimum required setbacks around the perimeter of the campground and land within landscaped transitional yards may not be counted towards meeting this requirement. 16. Each campground or camping resort shall be maintained under a single management so that responsibility can be easily placed for cleaning of common facilities such as water supply, sewage disposal station, toilet, laundry, and washrooms, and refuse areas, and for enforcement of camp site cleanliness. 17. The number of camping cabins within a campground shall not exceed 15 percent of the total number of camping units in the campground. 18. Each campground shall comply with all state regulations applicable to campgrounds, except as may be permitted through other licenses or approvals from the state. 19. Minimum Required Off -Street Parking: 1.5 spaces per campsite. (16) Commercial Indoor Lodging. Includes land uses that provide overnight housing in more than one individual room or suite of rooms, each room or suite having a private bathroom, including hotels and motels. Such land uses may provide in -room or in -suite kitchens, and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurants, arcades, fitness centers, and other on -site facilities available to non -lodgers are not considered accessory uses and therefore require review as a separate principal land use. This land use category does not include "Bed and Breakfast" or "Tourist House" uses, which are instead listed and regulated separately. Performance Standards: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. To the extent applicable by law, each Commercial Indoor Lodging use (regardless of when established) shall meet all applicable permitting and requirements of Section 5.04.10 of the Code 3. Minimum Required Off -Street Parking: one space per room, plus one space for each employee on the largest work shift. (17) Tourist House. A permanent dwelling unit where sleeping accommodations are offered for pay to tourists or transients for periods of time of 7 days or fewer. Commercial lodgings consisting of structures with rentable rooms or suites shall instead be regulated as a "Commercial Indoor Lodging" use (or if a room in a residence operated by the primary resident, a "Bed and Breakfast"). Also, does not include any "Rooming House," which is described and regulated separately. Any restaurant, arcade, fitness center, and other on -site facility available to non -lodgers is not considered an accessory use and therefore requires review as a separate principal land use. Performance Standards: Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-18 CITY OF RHINELANDER ZONING ORDINANCE DRAM': JANUARY 2020 Section 5.07.4.05: Commercial Land Use Types through Section 5.07.4.05: Commercial Land Use Types 1. The use must meet all performance standards associated with the type of dwelling in which it is located. 2. Occupancy shall be limited to two persons per bedroom, plus an additional two persons. At no time may the number of guests exceed eight regardless of the number of bedrooms in the unit. Two exits are required for each bedroom. 3. The appearance of use of the Tourist House shall not be altered in a manner that would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or excessive noise. 4. No recreational vehicle may be used for living or sleeping purposes as part of a Tourist House. 5. The use must be licensed by the State of Wisconsin. 6. Minimum Required Off -Street Parking: One space per bedroom. (18) Sexually -Oriented Business. Any exhibition of any motion pictures, live performance, display or dance of any type, which has as its dominant theme, or is distinguished or characterized by an emphasis on, any actual or simulated specific sexual activities or specified anatomical areas, or the removal of articles of clothing to appear totally nude or to display a nude genital area or female nude breasts. Also, an adult bookstore having as its stock in trade, for sale, rent, lease, inspection or viewing, books, films, videocassettes, CDs, SD cards, flash drives, internet connection, magazines or other periodicals that are distinguished or characterized by their emphasis on matters depicting, describing or relating to specific sexual activities or specific anatomical areas, and in conjunction therewith have facilities for the presentation of adult -oriented films, movies or live performances, for observation by patrons. Performance Standards: 1. All Sexually -Oriented Businesses shall be located a minimum of 1,000 feet from any residentially zoned property; and a minimum of 1,000 feet from any existing school, church, public library, "Institutional Residential" land use, "Active Outdoor Public Recreation" land use, or another Sexually -Oriented Business. 2. Exterior signage shall be in accordance with that permitted for the zoning district within which it is located. One additional exterior wall sign with an area of 2 square feet that reads "admittance to adults only" shall be placed near or on the customer entrance, along with hours of operation. 3. The establishment shall not admit minors on the premise and shall comply with all applicable federal, state, and City laws and ordinances regulating alcoholic beverages and obscenity. 4. Minimum Required Off -Street Parking: one space per 300 square feet of Gross Floor Area, or one space per person at the maximum capacity of the establishment (whichever is greater). (19) Microbeverage Production Facility. A type of beer, wine, spirits, or coffee production facility that produces limited amounts of product per year, and often includes a tasting or tap room and on -site purchase of beer and related products, including gifts and food. Includes microbreweries, microdistilleries, microwineries/small wineries, and microroasteries/small batch roasters that meet the following performance standards. In the event such a use exceeds one or more of the following performance standards, either at time of commencement or via growth, it shall instead be considered a "Light Industrial" land use. As defined in Article 17, brewpubs are also regulated separately as an "Indoor Commercial Entertainment and Dining" use. Performance Standards: Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-19 CITY OF RHINELANDER ZONING ORDINANCE DRAFT': JANUARY 2020 Section 5.07.4.06: Storage or Disposal Land Use Types through Sedion 5.07.4.06: Storage or Disposal Land Use Types 1. Shall not exceed the following production quantities per year: microbrewery, 15,000 barrels or equivalent; microdistillery, 10,000 gallons or equivalent; microwinery, 15,000 gallons or equivalent; microroastery, 15,000 pounds or equivalent. 2. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 3. Shall meet all performance standards in Article 9, including but not limited to odor standards in Section 5.07.9.15. 4. Must provide evidence of valid State and/or federal license before commencing operations or at any time upon the request of the Zoning Administrator. 5. If located outside of an industrial district, the following standards apply: a. The area used for production may not exceed 10,000 square feet. b. The operation must install odor -reducing filters or other equipment to minimize the impact on nearby properties. c. No outdoor growing of product used in the operation. Outdoor storage shall be limited to grain silos designed to be compatible with the principal building materials and colors. No other materials or equipment shall be stored outdoors. 6. Minimum Required Off -Street Parking: one space per every three patron seats, or the maximum capacity of the establishment (whichever is greater), plus one space for every employee engaged in production. Section 5.07.4.06: Storage or Disposal Land Use Types (1) Indoor Storage or Wholesaling. Uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses. With the exception of loading and parking facilities, such land uses are contained entirely within an enclosed building. Examples include warehouse facilities, long-term indoor storage facilities, and joint warehouse and storage facilities. Retail outlets associated with this use shall be considered accessory uses, which are separately listed and regulated. Performance Standards: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. Minimum Required Off -Street Parking: one space for each employee on the largest work shift. (2) Outdoor Storage or Wholesaling. Uses primarily oriented to the receiving, holding, and shipping of packaged materials for a single business or a single group of businesses, and where any activity beyond loading and parking is located outdoors. Examples of include contractors' outdoor storage yards, equipment yards, lumber yards, coal yards, landscaping materials yards, construction materials yards, and shipping materials yards. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a "Junkyard or Salvage Yard" use, which is separately listed and regulated. Performance Standards: 1. Setbacks, including from residential zoning districts, are per Figure 5.07.5.03(2). 2. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 3. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-20 CITY OF RIIINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.06: Storage or Disposal Land Use Types through Swim 5.07.4.06: Storage or Disposal Land Use Types (3) screen all stored materials from view from non -industrialized areas at an elevation of five feet above grade. 4. The storage of items shall not be permitted in the minimum required front yard. 5. Minimum Required Off -Street Parking: one space for each employee on the largest work shift. Personal Storage Facility. Includes indoor storage of items entirely within partitioned buildings with individual access to each partitioned area. Such storage areas may be available on either a condominium or rental basis. Also known as "mini -warehouses." Pe formancc Standards: 1. In addition to the building design standards in Section 5.07.8.02, buildings and facility shall be designed to minimize adverse visual impacts on nearby developments. 2. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 3. The Plan Commission may restrict or limit unit doors facing a public street right-of-way or property not in an industrial zoning district, or may otherwise require that any such doors be screened from view with berms, landscaping, and/or opaque fencing. 4. Facility shall be limited to indoor storage of household items and similar durable goods. No live animals, perishable items, odor producing materials (see Section 5.07.9.15), flammable or explosive materials (see Section 5.07.9.17), toxic or noxious materials (see Section 5.07.9.18), or hazardous materials (see Section 5.07.9.20) shall be stored on site. 5. No storage unit may have any other function aside from storage, including but not limited to any retail, wholesale, workshop, hobby shop, manufacturing, residential, lodging, or service use. 6. No outdoor storage of materials shall be permitted on site, with the exception of an outdoor trash or recycling receptacle, if proposed and approved as part of the site plan and screened in accordance with Section 5.07.12.10. 7. To prevent unauthorized access, each storage unit shall be outfitted with quality commercial locks and the Plan Commission may require gated access to the facility and/or security fencing. 8. The Plan Commission may require that the project be equipped with a digital security camera(s) that records site activity, with footage made available to the Rhinelander Police Department upon suspicion of criminal activity. 9. All storage units shall gain access from the interior of the building or site, as opposed to direct access from units to public streets. 10. The Plan Commission may deny or limit a conditional use permit, where required, if it determines that the location, size, quantity, job or tax base creation, or other applicable characteristics of the proposed facility are incompatible with the economic development goals and objectives of the City, including those within the Comprehensive Plan and any approved tax incremental district project plan. 11. Minimum Required Off -Street Parking: one space for each employee on the largest work shift. (4) Junkyard or Salvage Yard. Any land or structures used for a salvaging operation including but not limited to the storage, purchase, sale, exchange, baling, packing, recycling, and/or disassembling of waste paper, rags, scrap metal, tires, bottles, and any other discarded materials; and/or the collection, dismantlement, storage, or salvage of two or more unlicensed and/or inoperative vehicles. Facilities involving on -site outdoor storage of salvage materials and auto wrecking yards are included in this land use. A "junk yard" is an Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-21 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.06: Storage or Disposal Land Usc Types tbrough Section 5.07.4.06: Storage or Disposal Land Use Types (5) open area where waste or scrap materials are, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. Performance Standards: 1. The applicant shall obtain all required Federal, County, and State permits and licenses, as well as any other City permits and/or licenses, necessary to operate the facility. The applicant shall maintain requirements set forth by these permits and licenses, and abide any standards set therein, as well as any other ordinances and statutes applicable to the operation. The applicant shall provide copies of all required permits and licenses, and inspections and reports thereunder, to the City Zoning Administrator immediately upon applicant receipt or in another timeframe specified by the conditional use permit. 2. Setbacks, including from residential zoning districts, are per Figure 5.07.5.03(2). 3. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from non -industrialized areas at an elevation of five feet above grade. 4. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property and public street rights -of -way. 5. Activity and storage areas shall not be permitted in the minimum required front yard. 6. Operations shall not involve the on -site holding, storage, processing or disposal of hazardous materials, food scraps, or other vermin -attracting materials. 7. Outdoor material stockpiles shall be limited to no more than 30 feet in height, except as may be specifically prescribed by the Plan Commission by conditional use permit. 8. All performance standards in Article 9 shall be met. 9. The use shall be established and maintained so as to not create a fie hazard as determined by the Fire Inspector. 10. Minimum Required Off -Street Parking: one space for every 20,000 square feet of Gross Storage Area, plus one space for each employee on the largest work shift. Solid Waste Disposal, Composting, and/or Recycling Facility. Any use dedicated to the collection and disposal of solid wastes, organic materials for composting, and recycled materials, including those solid wastes as defined by Wisconsin Statutes 289.01(33). Performance Standards: 1. In addition to the information normally required for conditional use permit applications, the application shall include the following information: a. A written description of the proposed operation, including the types and quantities of the materials that would be kept, stored, or processed; the proposed date to begin operations; existing natural features on and adjacent to the site; where materials would be hauled from and to and over what roads; types, quantities, and frequency of use of equipment to move, process, and haul materials within and to and from the site; whether, which, and how frequently sorting, burning, processing, and other activities would be performed on site; description and elevations of all temporary and permanent structures; proposed hours and days of operation; any special measures that will be used for spill prevention and control, dust control, and environmental protection; methods to keep all public roads free of all mud, debris, and dust; assurances that the site will be developed and operated in accordance with all approved plans and all city, county, state, and federal regulations; and a listing of all applicable regulations, licenses, and permits required. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-22 CITY OF RFIINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.06: Storage or Disposal Land Use Types through Section 5.07.4.06: Storage or Disposal Land Use Types b. A site or operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, entrances, and utilities; existing natural features including lakes, streams, floodplains, wetlands, and shoreland areas; all dwellings and private and municipal wells within 1,000 feet; location of the proposed staging areas, fueling, fuel storage, and material and equipment storage areas; proposed location and surfacing of roads, driveways, and site access points; proposed phasing plan, if any; proposed and fencing of property and gating of access points; proposed locations of stockpiles; proposed location and types of buffer yards, screening berms, and landscaping; and proposed temporary and permanent structures, including scales and offices. c. An erosion control plan, drawn to scale by a professional engineer, meeting all applicable City, state, and county requirements. d. A reclamation plan clearly depicting proposed stages of restoration, proposed contours following restoration, and proposed land use. 2. The applicant shall obtain all required Federal, County, and State permits and licenses, as well as any other City permits and/or licenses, necessary to operate the facility. The applicant shall maintain requirements set forth by these permits and licenses, and abide any standards set therein, as well as any other ordinances and statutes applicable to the operation. The applicant shall provide copies of all required permits and licenses, and inspections and reports thereunder, to the City Zoning Administrator immediately upon applicant receipt or in another timeframe specified by the conditional use permit. 3. Setbacks, including from residential zoning districts, are per Figures 5.07.5.02(2) and 5.07.5.03(2). 4. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders. 5. Operations shall not involve the on -site holding, storage, processing or disposal of hazardous materials, food scraps, or other vermin -attracting materials. 6. Outdoor material stockpiles shall be limited to no more than 30 feet in height, except as may be specifically prescribed by the Plan Commission by conditional use permit. 7. All performance standards in Article 9 shall be met. 8. The use shall be established and maintained so as to not create a fire hazard as determined by the Fire Inspector. 9. Trucking activity shall be limited to a maximum number of trips per day as indicated in the Plan Commission approved operational plan. A written request to exceed the maximum number of trips for a specific limited period of time not to exceed 30 days may be approved in advance by the Zoning Administrator, where he or she determines that exceptional circumstances are present. Exceptions exceeding 30 days must first be approved by the Plan Commission. 10. All public roads to all such uses shall be kept free of all mud, debris, and dust by sweeping or other means. To prevent tracking of mud onto public roads, access driveways for all new and expanded uses shall be hard surfaced within one 50 feet of public roads. 11. Access to the site shall only be through points designated as entrances on the site or operations plan. Such access points shall be secured when the site is not in operation. 12. The conditional use permit may include provisions for the upgrade, repair, and maintenance of public roads serving the use, which shall depend on the intensity of the operation and the existing condition and capacity of such roads. A bond or other performance guarantee for such work may be required as part of the conditional use permit provided that a clear relationship is established between the operation and the need for road upgrades, repair, and maintenance. 13. If any public road is damaged or destroyed as a result of any such use, the owner shall restore or pay for the restoration of the same to an acceptable condition and value. The owner shall have Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-23 CITY OF RHINEI.ANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.07: Transportation Land Use Types through Section 5.07.4.07: Transportation Land Use Types the right to show and bear the burden of proof in showing that the indicated damage was not the result of its operation. 14. Noise levels shall be kept at or below allowable limits under Section 5.07.9.13. The owner may be required to verify, through use of appropriate equipment and an analysis technique approved by the Zoning Administrator, that such limits are met. 15. Minimum Required Off -Street Parking: one space for each employee on the largest work shift, plus parking spaces for expected patrons of the facility as indicated in the approved conditional use permit. Section 5.07.4.07; Transportation Land Use Types (1) Off -Site Parking. Includes any areas used for the temporary parking of vehicles that are fully registered, licensed, and operative. (2) Airport or Heliport. A facility providing takeoff, landing, servicing, storage, and other services for air transportation vehicles. The operation of any type of air transportation vehicle (including ultralight aircraft, hang gliders, parasails, and related equipment, but excepting model aircraft) within the jurisdiction of this Chapter shall occur only in conjunction with an approved Airport or Heliport land use. Does not include helipads that are accessory to certain uses, such as hospitals. Performance Standards: 1. See Figure 5.07.5.03(2) for minimum setbacks from all lot lines for the initial establishment or extension of improvements after [INSERT ADOPTION DATE]. 2. Where any improvement described in subsection 1 is proposed within 200 feet of a lot line abutting residentially zoned land, the owner shall install and continually maintain a landscaped bufferyard per Section 5.07.8.04(3)(d) 3. All crops, trees, structures, fences, storage areas, and parking areas shall be located and setback from all runways in accordance an airport master plan developed by the owner in accordance with FAA guidelines, or similar plan, provided to the City before the issuance of the associated City permit. 4. Minimum Required Parking: one space per each employee on the largest work shift, plus one space per every leasable hangar space plus sufficient parking required for any other approved on - site use. (3) Freight Terminal, Commodity Trucking or Distribution Center. Lands and buildings representing (a) either end of one or more truck carrier line(s) principally serving several or many businesses, (b) a farm or forestry commodity trucking operation, which is a type of freight service dedicated primarily to movement of locally produced agricultural or forestry products principally serving one or more farms or lumber operations, or (c) short-term indoor storage and possible repackaging and reshipment of the materials and products of a single user. Such uses typically have frequent and heavy trucking operations, large yards, extensive docks, indoor and outdoor storage, large buildings, freight stations, and/or on -site truck maintenance, repair, and weighing facilities. Performance Standards: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. Setbacks, including from residential zoning districts, are per Figure 5.07.5.03(2). Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-24 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.08: Industrial Land Use Types through Section 5.07.4.08: Industrial Land Use Typcs 3. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from non -industrialized areas at an elevation of five feet above grade. 4. Activity and storage areas shall not be permitted in the minimum required front yard. 5. Minimum Required Off -Street Parking: one space per each employee on the largest work shift. Section 5.07.4.08: Industrial Land Use Types (1) Light Industrial. Industrial facilities and contractor shops at which all operations (with the exception of fully screened outdoor storage and loading operations) are conducted entirely within an enclosed building; are not potentially associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line; do not pose a significant safety hazard (such as danger of explosion); and comply with all of the performance standards listed for potential nuisances in Article 9. A "Light Industrial" land use may conduct retail sales activity as an accessory use in accordance with the requirements of Section 5.07.4.09(13). Breweries, distilleries, wineries, and coffee roasters that fail to meet one or more performance standards of the "Microbeverage Production Facility" land use are considered "I. fight Industrial" uses. Indoor aquaculture uses, which include the farming of aquatic organisms (plants and animals) under controlled conditions that are located entirely within an enclosed building and utilize recirculating (closed) system technology (including aquaponics), are considered "Light Industrial" uses. Crematoriums shall be considered "Heavy Industrial" uses, except where accessory to a funeral home. Primary food processing activities involving the processing of cabbage, fish and fish products, and meat products shall be considered and regulated as "Heavy Industrial" land uses. Performance Standards: 1. All activities, except loading and unloading and screened outdoor storage, shall be conducted entirely within the confines of a building. 2. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 3. All outdoor storage areas shall be completely enclosed by any permitted combination of buildings, structures, walls, and/or fencing. Such walls or fencing shall be designed to completely screen all stored materials from view from non -industrialized areas at an elevation of five feet above grade. 4. Activity and storage areas shall not be permitted in the minimum required front yard. 5. Setbacks, including from residential zoning districts, are per Figure 5.07.5.03(2). 6. For indoor aquaculture uses, the following additional performance standards shall apply: a. Indoor aquaculture operations shall be connected to the municipal water and sanitary sewer system and all wastewater shall be discharged to the municipal sanitary sewer system. b. Applicants wishing to establish indoor aquaculture operations shall prepare and submit a report outlining the estimated average daily water usage and quantity of wastewater discharge. c. On -site processing of seafood is permitted, provided the activity is conducted entirely within an enclosed building and no odors are detectable from the property line. d. The on -site retail sale of seafood or vegetables shall be considered an "Indoor Sales Incidental to Storage or Light Industrial Land Use" subject to the provisions of Section 5.07.4.09(12). Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-25 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.08: Industrial Land Use Types through Section 5.07.4.08: Industrial Land Use Types e. On -site composting shall be permitted, provided compost areas are fully screened on all four sides and comply with all county, state, and federal rules, regulations, and permitting requirements. 7. Minimum Required Off -Street Parking: One space per each employee on the largest work shift. (2) Heavy Industrial. Industrial facilities at which operations have one or more of the following characteristics: conducted partially or wholly outside of an enclosed building (not including loading/unloading operations); associated with nuisances such as odor, noise, heat, vibration, and radiation detectable at the property line; and/or involving materials that pose a significant safety hazard (such as danger of explosion). Examples of "Heavy Industrial" land uses include slaughter houses; tanneries; primary meat processing and fish processing; cabbage processing; alcoholic beverage producers other than breweries and wineries; paper, pulp, or paperboard producers; chemical and allied product producers (except drug producers); petroleum and coal product producers; asphalt, concrete, or cement producers; stone, clay, or glass product producers; primary metal producers; heavy machinery producers; electrical distribution equipment producers; electrical industrial apparatus producers; transportation vehicle producers; commercial sanitary sewage treatment plants; railroad switching yards; auction yards; and recycling facilities not involving the on -site storage of salvage materials. Performance Standards: 1. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 2. Setbacks, including from residential zoning districts, are per Figure 5.07.5.03(2). 3. Minimum Required Off -Street Parking: one space per each employee on the largest work shift. 4. Minimum Required Off -Street Parking: one space for each employee on the largest work shift, plus additional on -site parking in suitable quantity and location to accommodate projected and actual traffic. (3) Communications Tower. Includes all free-standing broadcasting, receiving, or relay structures, and similar principal land uses; and any office, studio, or other land uses directly related to the function of the tower. See land use descriptions and regulations associated with "Exterior Communication Devices" regulated as accessory uses later in this Section, where, unlike communications towers, the communications use is clearly incidental to the principal use on the site. Performance Standards: 1. The application for conditional use permit and site plan approval under this section shall include the requirements of Section 66.0404(2)(b), Wisconsin Statutes. 2. Each Communication Tower shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Safety Code, Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. If an application is to construct a new Communications Tower, the application must include an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the Communications Tower attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. If the City determines it is necessary to consult with a third party in considering factors listed above, all reasonable costs and expenses associated with such consultation shall be borne by the applicant. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-26 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.08: Industrial Land Use Types through Sertion 5.07.4.08: Industrial Land Use Types 4. Each permitted Communication Tower shall be placed or constructed so they may be utilized for the collocation of antenna arrays to the extent technologically and economically feasible. The City shall, unless it is shown to be unreasonable, condition the granting of the conditional use permit upon the applicant placing or constructing the Communication Tower to accommodate, at a minimum height of 150 feet, the collocation of two additional antenna arrays similar in size and function to that placed on the Tower by the applicant. Collocation sites need not be available on the Tower as initially placed or constructed, provided that the Tower will support at the specified minimum height the later addition of the required number of collocation sites. The holder of a permit under this Section shall make the collocation sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the collocation sites and a fair return on investment. 5. Communication Towers and associated equipment shall, to the extent possible, match the color of existing facilities and be installed in a fashion to lessen the visual impacts of such installation. Accessory buildings, if required, shall be constructed to be compatible with the surrounding or adjacent buildings by virtue of their design, materials, textures, and colors. 6. A new or amended conditional use permit and site plan shall be required for "substantial modifications" to an existing Communication Tower, as that term is defined in Section 66.0404(1)(s), Wisconsin Statutes. Neither a conditional use permit nor site plan approval shall be required for any modification that is not defined as a "substantial modification," but a building permit is required. 7. A conditional use permit shall not be required for collocation on a proposed or existing Communications Tower, provided the collocation does not result in a "substantial modification," as that term is defined in Section 66.0404(1)(s), Wisconsin Statutes. 8. The applicant shall provide a written agreement stating that if the Communications Tower, antennas, or transmitters are unused for a period exceeding 12 months, the applicant shall remove the tower, antennas, or transmitters upon written request from the Zoning Administrator at no cost to the City within 60 days of such request. If such listed items are not removed within 60 days of such notification, the City may remove the items at the expense of the holder of the conditional use permit. Within 30 days of the date on which the tower use ceases, the permit holder shall provide the City with written notice of the cessation of use. A performance bond of $20,000.00 shall be required to ensure compliance with all applicable requirements for removal of the Communications Tower and equipment. 9. The owner of any Communications Tower shall maintain insurance against liability for personal injury, death, or property damage caused by the maintenance and/or operation of the Communications Tower and accessory structures with a single combined limit of not less than $1,000,000.00 per occurrence. The policy shall contain a provision that it may not be canceled or materially modified without the approval of the City. The owner shall provide the City with a certificate of such insurance upon issuance of the initial policy and upon each renewal. 10. Upon written inquiry by the City, the recipient of a conditional use permit under this Section shall have the burden of presenting credible evidence establishing to a reasonable certainty the continued compliance with all conditions placed upon the conditional use permit. Failure to establish compliance with all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. If the City determines that it is necessary to consult with a third party to ascertain compliance with conditions on a conditional use permit, all reasonable costs and expenses associated with such consultation shall be borne by the holder of subject conditional use permit. Failure to pay such costs and expenses or provide information requested by the City shall be grounds for revocation of the conditional use permit. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-27 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Usc Types 'I'ypcs 11. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 12. In its evaluation of any conditional use permit or site plan approval application for a Communications Tower, the limitations under the applicable Section 66.0404(4) and 66.0406(2), Wisconsin Statutes shall apply. 13. Minimum Required Off -Street Parking: one space per each employee vehicle needed for ongoing maintenance. (4) Non -Metallic Mineral Extraction. Any land uses involving the removal of soil, clay, sand, gravel, rock, minerals, peat, or other material in excess of that required for approved on -site development or agricultural activities. Wisconsin Statutes may limit City regulation of non-metallic mineral extraction operations associated with projects completed by the Wisconsin Department of Transportation. Performance Standards: 1. No non-metallic mineral extraction operation shall be permitted for a period greater than ten years. 2. A buffer yard meeting the requirements of Section 5.07.8.04(3)(d) shall be provided along all property borders abutting residentially zoned property. 3. Setbacks, including from residential zoning districts, are per Figure 5.07.5.03(2). 4. The applicant shall receive reclamation approval from Oneida County prior to action by the City, and shall comply with all applicable county, state and federal regulations. 5. Minimum Required Off -Street Parking: one space per each employee on the largest work shift. Section 5.07.4.09: Accessory and Miscellaneous Land Use Types (1) Detached Accessory Structure (for Non-residential Use). Includes detached garages, carports, hoop sheds, utility sheds, and similar structures serving a non- residential principal land use. Performance Standards: 1. No Detached Accessory Structure (for Non-residential Use) shall be constructed on any lot prior to establishment of a principal use on that same lot, unless otherwise stated in this Chapter. 2. See Figures 5.07.5.03(1) and 5.07.5.03(2) for setback, floor area, and coverage standards associated with Detached Accessory Structures in non-residential zoning districts. 3. Floor area shall not exceed the first floor square footage of the smallest principal building on the lot. 4. No Detached Accessory Structure (for Non-residential Use) shall be occupied as a dwelling unit or otherwise used for human habitation, unless it has first been approved for such use by the Building Inspector and meet all applicable code requirements for a dwelling. (2) Detached Accessory Structure (for Residential Use). An accessory structure serving a residential principal land use and building (e.g., a house), but not attached to the principal building. Includes detached residential garages, carports, and hoop sheds designed primarily to shelter parked passenger vehicles; utility sheds used primarily to store residential maintenance equipment for the same property; private recreation structures such as gazebos, and detached elevated decks or walkways associated with residential uses. Performance Standards Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-28 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types 1. No greater than two Detached Accessory Structure (for Residential Use) are permitted on each lot, except by site plan approval under Section 5.07,12.10. 2. No Detached Accessory Structure (for Residential Use) shall be constructed on any lot prior to establishment of a principal use on that same lot, unless otherwise stated in this Chapter. 3. A Detached Accessory Structure (for Residential Use) may only be located forward of the principal building on the lot if provided site plan approval under Section 5.07.12.10. 4. Where any portion of a Detached Accessory Structure (for Residential Use) is located forward of the rear building line of the principal building, it shall meet the minimum required side yard setback for principal structures in the zoning district where it is located, per Figure 5.07.5.02(2). 5. No Detached Accessory Structure (for Residential Use) shall be located closer than 10 feet from any other building on the lot, unless applicable building code requirements for one hour fire - rated construction is met. 6. See Figures 5.07.5.02(1) and 5.07.5.02(2) for setback, floor area, square footage, building height, total building coverage, and coverage standards associated with Detached Accessory Structures in residential zoning districts. 7. Floor area shall not exceed the first floor square footage of the smallest principal building on the lot. 8. No Detached Accessory Structure (for Residential Use) shall involve or include the conduct of any business, trade, or industry, except for home occupations as described and limited elsewhere in this Article 4. 9. No Detached Accessory Structure (for Residential Use) shall be occupied as a dwelling unit or otherwise used for human habitation, unless it has first been approved for such use by the Building Inspector and meet all applicable code requirements for a dwelling. 10. Garages accessory to single- and two-family residences shall meet the construction standards in Section 5.01.135 of the Code. (3) Family Day Care Home (4 to 8 Children). An occupied residence in which a qualified person(s) provides child care for four to eight children. Does not include a child provided care by his or her legal guardian or his or her parent, grandparent, great-grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption. Family Day Care Homes shall not be considered home occupations for purposes of this Chapter. The care of fewer than four children is not subject to the regulations of this Chapter. Performance Standards: 1. Facility must be licensed by the State and follow rules and procedures in Wis. Stats. § 48.65 and 66.1017(1)(a) and DCF 202, Wis. Admin. Code, including but not limited to physical plant, equipment, and open space requirements. 2. Each Family Day Care Home must be conducted by one or more members of the immediate family residing on the premises, with no outside employees conducting care on site. 3. The use must meet all performance standards associated with the type of dwelling in which it is located. 4. There shall be no exterior alterations to the dwelling that change the character thereof as a dwelling. (4) Intermediate Day Care Home (9 to 1.5 Children). An occupied residence in which a qualified person(s) provides child care for 9 to 15 children. Does not include a child provided care by his or her legal guardian or his or her parent, grandparent, great - Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-29 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types grandparent, stepparent, brother, sister, first cousin, nephew, niece, uncle, or aunt of a child, whether by blood, marriage, or legal adoption. Intermediate Day Care Homes shall not be considered home occupations for purposes of this Chapter. Performance Standards: 1. Facility must be licensed by the State and follow rules and procedures in Wis. Stat. § 48.65 and DCF 202 and 251, Wis. Admin. Code, as applicable, including but not limited to physical plant, equipment, and open space requirements. 2. Each Intermediate Day Care Home must be conducted by one or more members of the immediate family residing on the premises. 3. Subject to Plan Commission approval, an Intermediate Day Care Home may employ up to one employee living off -site. 4. The Plan Commission may impose additional limitations on the percentage of the property and/or buildings that may be devoted to the use. 5. The use must meet all performance standards associated with the type of dwelling in which it is located. 6. There shall be no exterior alterations to the dwelling that change the character thereof as a dwelling, except that signage shall be as permitted for Intermediate Day Care Homes in Article 10. 7. Each Intermediate Day Care Home shall provide for drop-off and pick-up of children in a manner that the Plan Commission determines is safe and not impactful to traffic movement and the character of the neighborhood. 8. No dwelling unit in a Two-family Residence or Multi -family Residence, and no mobile or manufactured home, may serve as an Intermediate Day Care Home. 9. No Intermediate Day Care Home shall endanger the public health and safety or interfere with the enjoyment of other parcels in the neighborhood. 10. No residence may serve as both an Intermediate Day Care Home and a Home Occupation. 11. Each conditional use permit for an Intermediate Day Care Home shall run with the applicant and not with the land. (5) Minor Home Occupation. A low -impact economic' activity performed within a dwelling unit and/or its attached garage, where the principal use of the lot remains the residence of the person conducting the economic activity. Performance Standards: 1. The Minor Home Occupation shall be conducted only within the dwelling and/or an attached garage. 2. The area used to conduct the Minor Home Occupation shall not exceed 25 percent of the Gross Floor Area of the dwelling unit and 50 percent of the Gross Floor Area of any floor. 3. A Minor Home Occupation shall be undertaken only by a member of the immediate family residing on the premises. 4. There shall be no exterior alterations to the dwelling that change the character thereof as a dwelling, except for signage as permitted in Article 10. 5. No Minor Home Occupation may include on -site sales or lease of any commodity. 6. Appointments shall be limited to infrequent consultation, emergency treatment, or performance of religious rites, but not for the general practice of a profession (e.g., no medical or personal service appointments). Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-30 CITY OF RHINELANDER ZONING ORDINANCE DRAM': JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types 7. No activity, materials, goods, or equipment incidental to the Minor Home Occupation shall be externally visible, except for one licensed car, van, or light duty truck used for the Home Occupation and external storage normally allowed for the principal residential use. 8. The use shall not involve the use of commercial vehicles for more than the occasional delivery of materials to or from the premises. 9. No Minor Home Occupation, combined with the principal residential use of the property, shall generate more than 15 vehicle trips per day. 10. No Minor Home Occupation shall endanger the public health and safety or interfere with the enjoyment of other parcels in the neighborhood. 11. No mechanical or electrical equipment may be used other than such as customarily incidental to domestic use 12. No noise, dust, odor, or electrical disturbance detectable at the property line. 13. No occupied residence may serve as both a Minor Home Occupation and an Intermediate Day Care Home. (6) Major Home Occupation. Compared to a "Minor Home Occupation," a higher -impact economic activity performed in a dwelling unit and/or its "Detached Accessory Structure (for Residential Use)," where the principal use of the lot remains the residence of the person primarily conducting the economic activity. Performance Standards: 1. A Major Home Occupation may be conducted within the dwelling, an attached garage, and/or in a permanent Detached Accessory Structure (for Residential Use). 2. The area used to conduct the Major Home Occupation shall not exceed 50 percent of the Gross Floor Area of the dwelling unit, including any attached garage. The Plan Commission may impose additional limitations on the percentage of the property and/or buildings that may be devoted to the occupation. 3. Subject to Plan Commission approval, a Major Home Occupation may employ up to two employees living off -site, provided an immediate family member residing on site is the principal owner and operator of the business. 4. No activity, materials, goods or equipment incidental to the Major Home Occupation shall be externally visible, except for one licensed car, van, or light duty truck used for the Residential Business and external storage normally allowed for the principal residential use. 5. No Major Home Occupation may include on -site sales other than items produced or value added on site. The Plan Commission may prohibit or limit the on -site sale of items or products produced or enhanced on the premises. 6. No Major Home Occupation shall endanger the public health and safety or interfere with the enjoyment of other parcels in the neighborhood. 7. No mechanical or electrical equipment may be used that creates a disturbance such as noise, dust, odor or electrical disturbance detectable at the property line. 8. Signage shall be as permitted in Article 10. 9. No occupied residence may serve as both a Major Home Occupation and an Intermediate Day Care Home. 10. Each conditional use permit for a Major Home Occupation shall run with the applicant and not with the land. (7) In -Home Suite. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-31 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types (8) An area within a "Single -Family Detached Residence" dwelling unit that may contain separate kitchen, dining, bathroom, laundry, living, sleeping, and recreation areas. A permanent interior, non - locking access way between the habitable area of the principal dwelling and the In -Home Suite is required. A separate outdoor access to a shared garage may be provided. Distinguished from an "Accessory Dwelling Unit," which is a separately listed and regulated land use. Performance Standards: 1. Each In -Home Suite shall be considered a part of the principal "Single -Family Detached Residence" for purposes of this Chapter. 2. The principal dwelling unit and the In -Home Suite shall together appear from the outside as one single-family detached residence. 3. A separate address and utility connection or meters for the In -Home Suite is not permitted. 4. An all-weather interior access between the main habitable area of the principal dwelling and the In -Home Suite shall be maintained at all times. Connections through attics, basements, garages, porches, or non -living areas shall not be sufficient to meet the requirement for connected interior access. A connecting door may be used to separate the In -Home Suite from the rest of the dwelling provided that it is a non -locking door. Doors to bedrooms and bathrooms are exempt from the non -locking requirement. 5. A separate driveway, garage, or walled garage area shall not be permitted. A separate connecting door between the In -Home Suite and the garage may be provided. 6. Direct incidental access to the In -Home Suite from the building exterior may be provided via exterior porches, patios, and decks, but external stairs providing principal access to a second story In -Home Suite shall be prohibited. 7. When an application is submitted for a building permit to accommodate what is explicitly listed as, or could possibly serve as, an In -Home Suite, the building plan shall be marked as "Not a separate dwelling unit nor apartment," and a signed letter from the applicant stating agreement with the conditions in this Section shall be filed with the Zoning Administrator. Accessory Dwelling Unit. A residential dwelling unit located on the same lot as a "Single -Family Detached Residence", either as part of the same building as the "Single -Family Detached Residence" or in a detached building. One form of Accessory Dwelling Unit is commonly called a granny flat. An Accessory Dwelling Unit is different from an "In -Home Suite" in that an interior physical connection between the Accessory Dwelling Unit and primary "Single -Family Detached Residence" is not required for the former. Also, the Single -Family Detached Residence/Accessory Dwelling Unit combination is different from a "Two -Family Residence" because the former may be in separate buildings and because they are subject to different performance standards. Performance Standards: 1. The Gross Floor Area of the Accessory Dwelling Unit shall not exceed 50 percent of the principal dwelling's Gross Floor Area, or 1,500 square feet, whichever is less. 2. The appearance or character of the "Single -Family Detached Residence" must not be significantly altered so that its appearance is no longer that of a single-family dwelling. 3. The Accessory Dwelling Unit shall not be sold separately from the "Single -Family Detached Residence," or the land under the Accessory Dwelling Unit divided from the land occupied by the "Single -Family Detached Residence." 4. Attached Accessory Dwelling Units shall adhere to the setback requirements and standards applicable to principal structures in the applicable zoning district. Detached Accessory Dwelling Units shall adhere to the setback requirements and standards applicable to accessory structures in Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-32 CITY OF RxINELANDER ZONING ORDINANCE. DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types the applicable zoning district. See Figure 5.07.5.02(2) for minimum setback requirements and standards. 5. The occupants of the Accessory Dwelling Unit shall not exceed one family plus one unrelated person or two unrelated individuals. (9) Keeping of Chickens. With a permit, per Section 3.06.07 of the Code. (10) Small Exterior Communication Device. Includes roof top antennas 15 feet in height or less as measured from the highest part of the roof to the top of the antenna and satellite dishes with a diameter of 20 inches or less, generally used for television, radio, telephone, or intemet reception, but allowable for other forms of transmission or reception (except for cellular and digital communication facilities). Performance Standards: 1. No Small Exterior Communication Device shall be erected or installed within the front yard or street yard. In the rear and interior side yards, the device shall be set back a distance equal to the minimum setback requirements for principal structures within the zoning district. 2. Small Exterior Communication Devices shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Safety Code, Federal Communications Commission, and the instructions of the manufacturer. (11) Large Exterior Communication Device. Includes any apparatus capable of sending and/or receiving communications from a transmitter or a transmitter relay, and consisting of satellite dishes with a diameter greater than 20 inches; antennas greater than 15 feet in height as measured from highest part of the roof to the top of the antenna; and/or ground -mounted antenna arrays. Does not includes commercial cellular and digital communication facilities that are mounted on a "Communications Tower," which is described and regulated as a principal use earlier in this Article. Performance Standards: 1. No Large Exterior Communication Device shall be erected or installed within the front yard or street side yard. In non-residential districts, if reasonable reception of signals is not possible within an interior side or rear yard placement due to the physical characteristics of the lot and area, such facility may be placed in the front yard or street side yard, or on the roof of structures on the property. Any ground -mounted device and its supporting structure shall be located a minimum of 10 feet from any interior side or rear property line. 2. There shall be not more than one Large Exterior Communication Device per residentially zoned lot. On residentially zoned lands, Large Exterior Communication Devices shall not be allowed on rooftops, and the total height of ground -mounted signal receiving devices and any platform or structure upon which said device is mounted or affixed shall not exceed 12 feet in height as measured from the ground to the highest point of the device. 3. Signal receiving antennas attached to any structure shall be permitted only if the structure is properly constructed to carry all imposed loading and complies with applicable state and local building code requirements. The Zoning Administrator may require engineering calculations. 4. The signal receiving antenna shall not exceed 15 feet in diameter, except for systems used to provide community antenna television services or cellular transmission. 5. In non-residential zoning districts, ground -mounted signal receiving devices, including any platform or structure upon which said device is mounted or affixed, may not exceed 18 feet in height. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-33 CITY OF RFIINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Usc through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types 6. All such devices shall be permanently mounted in accordance with the manufacturer's specifications for installation. All such installations shall meet a minimum wind load design velocity of 80 MPH. 7. Large Exterior Communication Devices shall be erected and installed in accordance with the Wisconsin State electrical code adopted by reference in the National Electrical Safety Code, Federal Communications Commission, and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern. All cable used to conduct current or signals from the signal receiving antenna to the receivers shall be installed underground unless installation site conditions preclude underground installation. If a signal receiving antenna is to be used by two or more residential property owners, all interconnecting electrical connections, cables, and conduits must also be underground. The location of all such underground lines, cables, and conduits shall be shown on the application for a permit. All signal receiving antennas shall be grounded against direct lightning strikes. 8. No form of advertising or identification sign or mural is allowed on the any part of the device other than the customary manufacturer's identification and warning plates. 9. Communications devices shall be filtered, positioned, and/or shielded so as to prevent the emission and reflection of any electromagnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on the same or adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the communications device shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations. 10. Supporting structures and equipment for antennas and satellite dishes shall be screened with foundation landscaping, decorative fencing, or placement within a building. 11. The installation and use of all signal receiving antennas shall be in conformity with the Federal Cable Communications Policy Act of 1984 and regulations adopted thereunder. 12. In making a recommendation on each conditional use permit application for an amateur radio antennae that exceeds the one or more thresholds for a "Small Exterior Communication Device," the Plan Commission shall make reasonable efforts to formulate reasonable conditions and the minimal practical restrictions that will allow for the approval of such facilities and shall deny such application only if it finds that the requested use, if installed and operated in accordance with all reasonable conditions and restrictions, will cause a significant danger to the public safety or welfare. It shall be a condition to each conditional use permit for an amateur radio antennae that the operation of the amateur radio service using such antennae shall at all times be maintained in compliance with the applicable regulations and permit conditions issued by the Federal Communications Commission. (12) Small Solar or Wind Energy System. A Small Solar Energy System is an energy system that converts solar energy to usable thermal, mechanical, chemical, or electrical energy, where such solar energy system is accessory to the principal use of the lot (such as a solar panel system providing energy for a dwelling on the same lot), and primarily supplies energy to such principal use. A Small Wind Energy System is an energy system that converts wind energy to usable thermal, mechanical, chemical, or electrical energy, where such wind energy system is accessory to the principal use of the lot (such as a wind turbine system providing energy for a dwelling on the same lot), primarily supplies energy to such principal use, and does not exceed a rated capacity of 60 kilowatts. Performance Standards: 1. Each Small Solar or Wind Energy System shall meet all detached accessory building setbacks in the applicable zoning district, except where mounted to the principal building they shall meet principal building setbacks. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-34 CITY OF RI'IINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types 2. Except by conditional use permit, no Small Wind or Solar Energy System shall be: a. Located in any front yard or side yard having frontage on a public street b. Set back by a distance of not less than 1.1 times the total height of the Small Wind Energy System from the nearest property line, public road right-of-way, nearest inhabited building other than the principal inhabitable structure served by the Small Wind Energy System, and public communication and electrical lines. c. Greater than 50 feet in height. 3. No Small Wind or Energy System shall be sited or operated in a manner that causes permanent or material interference with television or other communication signals. All electrical connections shall be located underground or within a building. 4. The minimum height of the lowest extent of a turbine blade of a Small Wind Energy System shall be 20 feet above the ground and 20 feet above the maximum allowable height of any structure or obstacle within 100 feet of the Small Wind Energy System, except where deliberately designed as part of the structure. 5. Sound emanating from a Small Solar or Wind Energy System shall not exceed 70 dBA as measured at all property lines 6. Each Small Solar or Wind Energy System structure shall be finished in a rust -resistant, non - obtrusive finish and color that is non -reflective. Freestanding Small Wind Energy Systems shall be designed without use of guy wires. No Small Solar or Wind Energy System shall be lighted unless required by the Federal Aviation Administration. Clearing of natural vegetation for the purposes of installing a Small Wind or Solar Energy System shall be limited to that which is necessary for the construction, operation and maintenance of the Small Wind or Solar Energy System and as otherwise prescribed by applicable laws, regulations, and ordinances. No signs of any kind or nature whatsoever shall be permitted on any small wind or solar energy system, except that the manufacturer's identification and appropriate warning signs are allowed. 7. All access doors or access ways to any required towers and electrical equipment shall be lockable. Every Small Solar or Wind Energy System shall be equipped with both manual and automatic overspeed controls. 8. Each Small Solar or Wind Energy System shall require a building permit before installation, which may be included with the general building permit for the principal structure. Building permit applications shall include the following information in addition to that required by the Building Code: a. A site plan drawn to scale showing the location of the proposed Small Solar or Wind Energy System and the locations of all existing buildings, structures, public rights -of -way, and property lines. All distances shall be measured and labeled on the site plan. b. Elevations of the site drawn to scale showing the height, design, and configuration of the small solar or wind energy system and the heights of all existing structures, buildings and electrical lines in relation to property lines and their distance from the small wind or solar energy system. c. Standard drawings and an engineering analysis of any wind energy system tower, including load -bearing and wind -bearing capacity. d. A standard foundation design along with specifications for the soil conditions at the site. e. Specific information on the type, size, rotor material, rated power output, performance, safety, and noise characteristics of the system including the name and address of the manufacturer, model, and serial number. f. A description of emergency and normal shutdown procedures. g. A line drawing of the electrical components of the system in sufficient detail to establish that the installation conforms to all applicable electrical codes and this Section. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-35 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Sraion 5.07.4.09: Accessory and Miscellaneous Land Use Types Types h. Evidence that the provider of electrical service to the property has been notified of the intent to install an interconnected electricity generator, except in cases where the system will not be connected to the electricity grid. i. A sound level analysis prepared by the wind turbine manufacturer or other qualified engineer, of sufficient detail and focus to determine compliance with the noise standard in this section. Evidence of compliance with or non -applicability with Federal Aviation Administration requirements. k. If required to obtain a conditional use permit under this section, evidence that a conditional use permit has been granted and all associated conditions have been met. (13) Outdoor Solid Fuel Furnace. An outdoor accessory structure designed to heat air or water through a fire and then transmit that heated air or liquid to a different structure for direct use and/or structural heating. Performance Standards: 1. See Figures 5.07.5.02(1) and 5.07.5.02(2) for setback requirements for Outdoor Solid Fuel Furnaces. 2. If less than 200 feet from any dwelling unit on an adjacent property, the smoke stack shall be required to be raised to the height of the roofline of the dwelling that the furnace serves, except where the device has met all U.S. EPA guidelines for Phase 2 Qualifications and that produce less than 32 EPA Phase 2 Emissions Level. 3. Fuel shall only be natural wood (not painted, stained, or treated), wood pellets, corn products, biomass pellets or other listed fuels specifically permitted by the manufacturer's instructions, such as fuel oil, coal, natural gas or propane backup. 4. Shall be required to have a spark arrestor if the manufacture's specifications allow such spark arrestor. 5. Shall comply with SPS 323.045, Wis. Adm. Code, and the Uniform Dwelling Code. Design shall also be laboratory tested and listed to comply with appropriate safety standards, such as Underwriters Laboratories or American National Standards Institute standards. 6. Shall be constructed, established, installed, operated and maintained in conformance with the manufacturer's instructions and the requirements of this Chapter. In the event of a conflict, the requirements of this Chapter shall apply unless the manufacturer's instructions are stricter in which case the manufacturer's instructions shall apply. 7. Any and all violations of the above -mentioned requirements shall result in abatement procedures as outlined in Rhinelander City Code Section 4.04.01(n) Public Nuisance Prohibited, and 4.04.03 Abatement of Public Nuisances. (14) Geothermal Energy System (GES). A Geothermal Energy System (GES) is a central heating and/or cooling system that uses the moderate temperatures of subsurface ground or a body of water to assist with the heating or cooling of a building or a building's water. A GES requires an underground heat exchanger, in the form of a network of underground or underwater pipes or tubes filled with a liquid medium (refrigerant, water mixed with anti -freeze, or water). The liquid medium within the heat exchanger is transferred between a structure and the heat exchanger via pumps. In an Open Loop GES, ground or surface water is continuously drawn from an outside source through the heat exchanger pipes and discharged after use. In a Closed Loop GES, the system is designed so that heat exchanger fluid does not come in direct contact with soils, groundwater, or surface water. Performance Standards: Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-36 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Use Types Types 1. Mechanical pumps used to move water between heat exchangers structures shall be located entirely within principal or accessory structures. 2. Underground GESs shall comply with state requirements regarding setbacks from private or public water wells. 3. Earth moving or drilling activities associated with installation or maintenance of the underground element of GES heat exchangers shall comply with applicable erosion control requirements. 4. See Figures 5.07.5.02(1) and 5.07.5.02(2) for setback requirements for Underground GES pipes or tubes. 5. All activities, materials, structures, and products associated with the installation and maintenance of a GES shall comply with applicable state -approved standards and drilling permit procedures and shall meet the certification standards established by the IGSHPA or other professional geothermal system accreditation association recognized by the State of Wisconsin. Materials shall be able to withstand long-term exposure to the levels of moisture and/or acidity of soils of the site. 6. Open loop GESs using only water as the heat exchange fluid shall be permitted. GESs may not be installed directly in a navigable body of water, and discharged water shall meet the state requirements for thermal and other water pollutants. Discharged water shall not be directed onto adjacent property or interfere with the function of on -site or off -site stormwater management structures. 7. In closed loop GESs, only heat exchange fluids certified by the State of Wisconsin for use with underground heat exchangers may be utilized. Heat exchange fluids shall not pose a contamination hazard to ground water quality. Fluids removed from closed loop heat exchangers shall be disposed of in accordance with state and federal requirements and shall not be discharged onto neighboring properties. (15) Vehicle Course or Track. Any privately -operated track, course, circuit, strip, or loop designed for use by motorized vehicles such as automobiles, trucks, ATVs, motorcycles, motocross bikes, "dirt bikes," snowmobiles, go- carts, or boats, where an accessory use. Such uses occasionally are operated for recreational purposes for family use. This use shall meet the following performance standards: Performance Standards: 1. Minimum lot size shall be 5 acres. 2. If such use abuts any residentially zoned or used property, all track facilities shall be located a minimum of 200 feet from such property and such use shall not be permitted to have night lighting nor operate between 8 p.m. and 8 a.m. 3. Such uses may be subject to enforcement actions under nuisance law and Article 9 for noise, dust, or other impacts. (16)Donation Drop -Off Box or Vending Machine. A free-standing receptacle located outside of a building that is used either to (a) automatically dispense small consumer goods, such as beverages, candy, and DVDs, when money is inserted, or (b) collect clothing, shoes, or other contributions, generally collected from persons not occupying the premises on which the receptacle is located and with such contributions generally intended for reuse elsewhere. The term does not include a trash container or recycling bin designed to contain waste from a household, business, or other land use on the same premise. Performance Standards: Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-37 CITY OF RHINELANDF.R ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Usc Types Types 1. Shall require issuance of a zoning permit prior to installation, which shall be issued only upon evidence of compliance with this subsection and receipt of written authorization by the property owner, or his legal representative. 2. Shall be set back from property lines a distance equal to accessory buildings in the district. 3. Must be placed on a hard, all-weather surface. 4. Shall not obstruct pedestrian or vehicular circulation nor be located in a public right-of-way or approved parking space. 5. Shall not be placed in a fire lane, loading zone, or any other location that may cause hazardous conditions, constitute a threat to the public safety, or create a condition detrimental to surrounding land uses and developments. 6. May be constructed of painted metal, rubber, wood, or plastic and shall be properly maintained in a safe and good condition. 7. Shall not be accompanied by any items stored or left outside of the container that houses the Donation Drop -Off Box or Vending Machine. The area around each Donation Drop -Off Box or Vending Machine shall be maintained by the property owner, free of litter and any other undesirable materials. All donated items must be collected and stored in the Donation Drop -Off Box. 8. Each Donation Drop -Off Box shall: a. Have a firmly closing lid. b. Have a capacity no greater than six cubic yards. c. Not exceed seven feet in height. d. Be clearly marked to identify the specific items and materials requested to be left for donation, the name of the operator or owners of the donation container, and a telephone number where the owner, operator or agent of the owner or operator may be reached at any time. e. Display a notice stating that no items or materials shall be left outside of the Donation Drop - Off Box. 9. Each Donation Drop -Off Box or Vending Machine not located or maintained in compliance with this Article shall be subject to revocation of the zoning permit or other enforcement actions under this Chapter. (17) Outdoor Alcohol Area. Outdoor Alcohol Areas are those that serve or allow for the consumption of alcohol outside of the principal structure, generally associated with an approved "Indoor Commercial Entertainment and Dining" use such as a restaurant, tavern, bar, and/or live music venue, but possibly also certain "Indoor Institutional" uses and other land uses. Examples of Outdoor Alcohol Areas include, but are not limited to, beer gardens, and outdoor dining and recreational areas (e.g., volleyball courts) that allow the consumption of alcohol. Performance Standards: 1. Non -temporary Outdoor Alcohol Areas shall be set back a minimum of 50 feet from any residential zoning district and provide a buffer yard meeting the requirements of Section 5.07.8.04(3)(d) along all property borders abutting residentially zoned property. 2. The maximum allowable area for an Outdoor Alcohol Area shall not exceed 50 percent of the indoor gross floor area where accessory to a principal "Indoor Commercial Entertainment" use. 3. As may be limited by State Statute or rule, the exterior of the Outdoor Alcohol Area shall be enclosed with a fence or wall, which shall be decorative except for temporary areas as determined Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-38 CITY OF RHINELANDER ZONING ORDINANCE DRAT T: JANUARY 2020 Section 5.07.4.09: Accessory and Miscellaneous Land Use through Section 5.07.4.09: Accessory and Miscellaneous Land Usc Types Types by the Zoning Administrator. Emergency exits shall be provided in accordance with applicable Fire and Building Codes. 4. Except where otherwise specified by conditional use permit, Outdoor Alcohol Areas shall not open earlier than 7 a.m. or remain open later than 11 p.m. on any day. 5. Outdoor Alcohol Areas may play amplified music, whether live or recorded and may have speakers, microphones, televisions, or other audio or video devices provided all noise standards established in Section 5.07.9.13 are met. 6. Outdoor Alcohol Areas shall at all times comply with all applicable regulations concerning accessibility and nondiscrimination in the providing of service. 7. All applications for approval for an Outdoor Alcohol Area shall include operational details and site plan details addressing each of the requirements above in addition to the requirements for site plan review in Section 5.07.12.10. Any application for this use directly abutting a public right- of-way, parking lot, or driveway shall include details regarding the specific location of street, parking lot, or driveway improvements, and how the activity will be kept off of the street, parking lot, or driveway. 8. Each Outdoor Alcohol Area shall meet all state and local permit and license requirements before commencing operations and at all times during operation, including but not limited to a local liquor license and a Wisconsin Department of Health and Family Services to operate said establishment pursuant to Wis. Stat. Chapter 254. 9. Minimum Parking Off -Street Requirements: one space for every three persons at the maximum capacity of the Outdoor Alcohol Area. No conversion of space formally utilized for parking spaces to the Outdoor Alcohol Area shall reduce the number of parking spaces serving all uses on the premises below, or further below, the minimums under this chapter. (18) Company Provided On -Site Amenities. An accessory use on the same site as a principal land use, with such accessory use providing an amenity or benefit reserved solely for the use of company employees, their families, and their occasional guests. Such accessory uses may be devoted to food service operations, recreation, health, wellness, childcare, training, and other similar employee and guest support activities as determined by the Zoning Administrator. The Zoning Administrator may also apply to a "Company Provided On - Site Amenities" use those performance standards in this Article that are normally applicable when such use is a principal use of a premises. All food service operations must meet state food service requirements. Such other uses may require further licensing by the State. (19) Light Industrial Activities Incidental to Indoor Sales or Services. Any "Light Industrial" use conducted exclusively indoors that is incidental to another principal land use such as "Indoor Sales or Service" land use on the same site. Performance Standards: 1. Must be conducted exclusively indoors and with doors and windows to the building closed. 2. Floor area devoted to light industrial use must not exceed 20 percent of the total floor area of the buildings in the property, or 5,000 square feet, whichever is less. 3. Must be physically separated by a wall from other activity areas that are available for public access. 4. Must not generate any noise, odor, or vibration at any property line. 5. May only operate between the hours of 7 a.m. and 6 p.m., Monday through Friday. (20) Outdoor Display Incidental to Indoor Sales or Service. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-39 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.10: Temporary Land Usc Types through Section 5.07.4.10: Temporary Land Use Types Any "Outdoor Display" use as defined in Section 5.07.4.04(6) that does not exceed 15 percent of the total sales area of the principal building on the site, or 15 percent of the Gross Floor Area of the principal use(s) with which it is associated, whichever is less. Performance Standards: 1. Shall comply with all conditions applicable to a "Outdoor Display" principal use. (21) Indoor Sales Incidental to Storage or Light Industrial Land Use. Includes any retail sales activity conducted exclusively indoors that is incidental to a principal land use such as warehousing, wholesaling, or any "Light Industrial" land use on the same site. Performance Standards: 1. The total Gross Floor Area (GFA) devoted to sales activity shall not exceed 25 percent of the total GFA of the buildings on the property. Areas devoted to "Artisan Studio" uses such as custom ceramics, glass, wood, paper, fabric, and similar crafts may exceed 5,000 square feet with the granting of a conditional use permit. 2. The indoor sales area shall by physically separated by a wall from other activity areas. 3. Parking requirement: Adequate parking, per the requirements for "Indoor Sales or Service" land uses, shall be provided for customers. Said parking shall be in addition to that required for the "Light Industrial" or other uses on the lot. Section 5.07.4.10: Temporary Land Use Types (1) General Temporary Outdoor Sales. Includes the short-term display and/or sale of any items outside the confines of a building. Examples of this land use include but are not limited to seasonal garden shops, tent sales, flea markets, and church sales, seasonal roadside stands, farmers' markets, Christmas tree lots, and fireworks stands. Does not include "Garage, Yard, Estate, and In -Home Sales", "Drive-in or Drive -Through Sales or Service" uses, or permanent farm product sales uses (which are separately regulated as "Agriculture - and Forestry -Related Uses"). Performance Standards: 1. The applicant or operator shall provide a general layout of the activities and additional details if requested by the Zoning Administrator. 2. Each such use shall not exceed 120 days in any calendar year. 3. The display of products shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. 4. If subject property is located adjacent to residentially zoned property, sales and display activities shall be limited to daylight hours. 5. The applicant shall comply with Temporary Use review and approval procedures in Section 5.07.12.09. (2) Garage, Yard, Estate, and In -Home Sales. Includes the short-term display and sales of household products in a residence, residential garage, driveway, or yard, whether for one or multiple families. Performance Standards: 1. Shall be limited to properties in residential use. 2. May only be conducted by or on behalf of the occupants of the residence. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-40 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.10: Temporary Land Use Types through Section 5.07.4.10: Temporary Land Use Types (3) 3. Shall be limited to a maximum of six sales per year, with a maximum duration of three days per sale. 4. Shall not require a temporary use review and approval under Section 5.07.12.09. 5. No sign shall be placed in the public right-of-way, except with the express consent of the Zoning Administrator. Outdoor Assembly or Special Event. Includes any organized assembly of more than 200 persons, outdoors, including church festivals, community events, and other similar activities open to the public, but excluding one-time and occasional auctions, weddings, funerals, family reunions, and other similar private events. Perfornance Standards: 1. Activities shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. 2. Adequate parking, drinking water, toilet facilities, and crowd control shall be provided. 3. If the subject property is located within or adjacent to a residentially zoned area, activities shall be limited to daylight hours, unless licensed for longer hours. 4. Each such use or activity shall not exceed 14 days per quarter. 5. Event sponsors shall comply with Temporary Use review and approval procedures in Section 5.07.12.09. (4) Development Project Contractors Office, Sales Office, or Storage Facility. Includes any building or facility associated with an active real estate development project that contains an on -site construction management office, serves as an on -site sales office, or provides storage (including outdoors) for construction equipment and/or materials being used on -site. Performance Standards: 1. Facility may be installed no sooner than 10 days before construction commences, and shall be removed (or converted to a permanent building like a residence) within 10 days of issuance of an occupancy permit for all structures on the construction site. 2. The applicant shall comply with Temporary Use review and approval procedures in Section 5.07.12.09. (5) Temporary Portable Storage Container. A portable storage container designed and used primarily for temporary storage of household goods and other such materials for use on a limited basis on residential property. Also known as a "pod." Performance Standards: 1. The container shall be permitted on the property for up to 14 days associated with each change of occupancy as defined by a recorded change in property ownership or valid lease. 2. The Temporary Portable Storage Container cannot encroach on the public right-of-way, neighboring property, sidewalk, or be placed in the street. The unit must be sited on asphalt, concrete, gravel, or hard paved surface. 3. Shall comply with temporary use review and approval procedures in Section 5.07.12.09. (6) Temporary Shelter. Shelters that are typically supported by poles, have a fabric roof and/or sides, and are usually used to shelter automobiles, boats, recreational vehicles, or firewood on a temporary or permanent basis. These structures are not designed for the snow loading that can occur during the winter months. Performance Standards: Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-41 CITY 01° RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.4.10: Temporary Land Use Types throwgb Section 5.07.4.10: Temporary Land Use Types (7) (8) 1. These types of structures are not permitted in City. 2. This subsection shall not be interpreted to disallow use of tents and similar fabric structures in association with a permitted camping, temporary sales use, or temporary outdoor assembly use such as an outdoor wedding, or other special event as may be permitted in the City. Relocatable Building. Includes any manufactured building that serves as a temporary building, supplementing permanent buildings on the site, and not including other temporary uses included in this Section. Examples include temporary classrooms and temporary manufacturing buildings. Performance Standards: 1. The building shall conform to all setback regulations for principal buildings in the associated zoning district, as provided in Figures 5.07.5.02(2) and 5.07.5.03(2). 2. The building shall conform to all building code regulations. 3. Each such building shall not be placed on a site more than 120 days in any calendar year, except by conditional use permit. 4. The applicant shall comply with temporary use review and approval procedures in Section 5.07.12.09. Temporary Unscreened Outdoor Storage Accessory to an Industrial Use. The temporary unscreened or marginally screened outdoor storage of products, equipment, or supplies used by a principal "Light Industrial" or "Heavy Industrial" use on the same property, intended to address one-time and rare occasions of heavy activity in the business. Performance Standards: 1. Shall be a permitted as a temporary use only, for a maximum of 120 days. 2. Must be sited on a hard surface or gravel surface. 3. Shall not obstruct pedestrian or vehicular circulation, including vehicular sight distances. 4. The Zoning Administrator may require measures to screen or buffer the storage area, or direct the placement to a location that minimizes visual impact, to the extent practical. 5. Shall comply with temporary use review and approval procedures in Section 5.07.12.09. Article 4: LAND USE DESCRIPTIONS AND STANDARDS 4-42 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.5.01: Purpose and Applicability through Section 5.07.5.01: Purpose and Applicability Article 5: DENSITY, INTENSITY, BULK REGULATIONS Section 5.07.5.01: Purpo e and Applicability (1) The purpose of this Article is to establish base density, intensity, and dimensional requirements for each standard zoning district. (2) Except where otherwise expressly stated, all lots and improvements within the Residential and Open Space and standard zoning districts shall comply with the regulations prescribed in the figures in Sections 5.07.5.02 and 5.07.5.03. (3) Allowable yard setback adjustments, intrusions into required yards, and exceptions to maximum height are found in Section 5.07.5.04. Substandard lots, nonconforming uses, nonconforming structures, and nonconforming sites legally created before establishment of these requirements are addressed in Article 11. Article 5: DENSITY, INTENSITY, BULK REGULATIONS 5-1 (:rte'tmIt!IINHANDER%ie NG ORDINANCF, Sr;iinu 5.07.5.02: Residential and Open Space Dknact Density, In Section 5.07.5.02: Residential and Open Space District Density, Intensity, and Bulk Regulations a Figure 5.07.5.02(1): Residential and Open Space District Lot Dimension Standards R-1 Single -Family Resident R-2 Single Residenti< nd Two -Family R-3 Mixed Residential (b) C -R Conservation and Recreation 10,000 7,000 for I" dwelling unit plus 2,400 for each additional unit; 9,400 for non- residential uses proved zero lot lisle stricture, to nd 3,501) per unit in the R-3 distric structure occupies. See also Figure 5.07.5.2(4). each "Manufactured/Mobile Home Communi - R-2 60 for single - 'Iv detached silences; 80 for non-residential uses 80 Maximum Detached. Accessory Building Floor Area (sf) i principal building flexor princil wilding flue s 41.1 feet per unit, minimum lc t .: taped surface perces I)RA17 I' JANa',AK1' 2020 sift Intensity, and bulk )N; for minimu or wind enc..,y sysu (f) ;Minimum reduc (i) Excludes intrusions requ (:rn°ttrRInN :vNutac*AMINGOtn vNc.t,,. 5ccilim S.U'.5.0:?: { idential rind Open Space I)istrirt I)cn ity, Intcnsin-, and Hulk Zoning District thrateth Figure 5.07.5.02(2): Residential .tnd ©pen Space District Setback and Height Standards Principal Residential. Building including Attached Garage Front (c) R-2 20 Ad are: Street Side Interior Rear Side (d) 25 15 15 Detached Accessory Building (e) Interior Side (t) Interior Side or Rear roperry shall apply to the follo Front of Street Minimum Principal Building Separation (ft) 1)Itrll•'1': Innt'.ucy 2020 Maximum Building Height Principal Building Accessory Building Feet Floors Feet Floors 10 35 2.5 m setbacks: front yard, 2,5 ft and at least 10 ft behind front of brit principal Ixtilcling, 2 0; from any accessory building, 8 0. Where inure than 25 percent of the frontage on one side of a street between intersecting strcct {"block face") was occupied uired front yard setback for any new or expanded principal building shall be the average of all the then -current principal buildings on the same block face, Zero Lot Line Structures, interior side setback reduced to 0 ft. See also Figure 5.07.5.02(4). .4.09(2) for standards related to detached accessory buildings located within from yard areas and/or forward of the principal building. See Scctt'crn 5.07.4).413 setbacks. The following additional structures shall be set back the same distance as detached accessory buildit as: cxtcrior crarnnrctnications devices, solar rndcrground (;c€,thcrrnal 1 rrcrgy System tubes or pipes, donation drop-off boxes, vending machines. if entire kidding is within the rear 30 percent of the. lot, Minimum setback from street. side yard is s,une as for princ:ilr.il buildings. r drivcsv:ty entrances and permitted or required t'or cross access driveways and pedestrian ways; sh:rrccl clriticw:tys, an l slrssrcc] parking lots, ther hard surfaces, and storage areas for recreation.rl vel ielcs. principal princtpa,l 20 principal )0 fr; outd( N/A lcohol Includes all gravel, black -top, ipal buildings on ,April 15, 196, the .Article 5: I)I ,1NSI"I`` . Ii 5-3 Section 5.07,,0?: Residential and Open Space District DR:1FT: fin\ :APY 2020 t{arr; b Salon 5.07.5.0': Rcsidentiitl .tstd Open Space District 1)ewinr, Intenskt}' and Bulk Repulatir n DIAGRAMS STILL NEED TO BE CUSTOMIZED FOR RHINELANDER Figure 5.©7.5.02(3): Lot Dimension and Setback Requirements Where Each Principal Building on Single Lot kitagl.'M litAt" Vat d*, rtolgV i\rricic 5: l)FNSI'1 Y, IN'I`i a l"I" ', BULK REGULATIONS (.r1 V OF RI IINEL^yNI)IbR ZONING OIti)I:N \NC;E Srttran 507 .02: Residential ;Ind (..)p n Sp cc l)istr I)cnsity, Intcnaitr, and Bulk Regulations 020 Figure 5.07.5.02(4): Lot Dimension and Setback Requirements for Zero Lot Line Structures Duplex Example Townhouse / Row House Example Article 5: DEN- S'1 `i'. Ii< I't NSJ LY. BL'I.K REC UL'tTJONS CITY OI' 1{1 li\I?LANUI:I{ >' INI?(: t )RDINAN(.:N. S'e ian x.07.,.05: brat-rc>ic(r€trial i)istrict Ucnsitt° and Bulk Rcp,ulatiuns 5.07.5.03: Non-residential District Density, Intensity, and Bulk Regulations Figure 5.07.5.03(1): ily Non-residential District Lot Dimension Standards Zoning District Minimum Lot Area (sf) (a) Minimum Lot Width. Minimum Landscape (ft) (a) Surface Percentage (a) B-1 Neighborhood Busi 8,000 B-2 Central Business B-3 General Business 3,500 20,000 C -B Community Building (c I-i Light Industrial 1-2 General Incl. INT Institutional (c 8,000 20,000 20,000 10,000 60 20% 0% 20% 20% 20% 20'Y, (a) for zero lot line structures, ttainimwn lot width sltstl lie determined l v divtclint the mini utx lot :trey and width lad° the number of units in the building„ and other standards in this figure shall be divided among all lots that the building occ.uptes (b) Does not include structured or underground parking. (c) C -B and INT districts adjacent to the B-2 district shall instead follow the standards of the B-2 district. Article 5: Dl?NSI Y it (.3lY I IF RI IINITANul'.ti %c +Nlaa; ORi)INANCI: Section 5.07.5.03: New-resi and Bulk Regulations ial District Zoning District B-1 Neighborhood Business B-2 Central Business B-3 General Business (h C -B Community Buildi Light Indusiri I-2 General Industri INT Institutional (i) Figure 5.07.5.03(2): Prima Principal Building to Front and. Street Side Lot Lines (c) 20 .Section 507.,5.(13: Nun resit Intensity, and flu llc Regulations ly Non-residential District Setback and Height Standards Principal Building to Interior Side Lot Line (d) G 8 Principal Building to Rear Lot Line 8 15 The following additional setbacks from any resitlt with ()ttttlour and Vehicle Repair, Public Service storage, and outdoor activity areas associated w Composting and/or Recycling, and Freight Termini have other setback requirements per this Chapter). Solid Fuel Furnaces shall have the followie d, 8 ft.; from principal building, 2 ft.; from an more than 25 percent of the frontage on onc. front yard setback for any new or expanded principal ermined Zero Lot l..ine Structures, interior side setback reduced to 0 5.07.4.09(1) and (2) for standards related to detached accessory building :ms, underground Geothermal Energy System tubes or pipes, donation drop,.off he xt ck from front and street side yards for accessory huiklings are the same as for prit unions required for driveway entrances and permitted or required for cross access drivewa or other hard surfaces, and storage areas for recreatiot setback in the li-3 district s building s d prop ..rty sl t buiklings) Agri Accessory Building to Interior Side/Rear Lot Line & Principal Building (f) Front or Street Side Interior Side or Rear 6 Minimum Principal. Building Separation (ft) Maximum. Building Height (stories/ft, whichever is greater) Principal Buildings 2/3 4 3/40 3/45 3/45 4/45 Accessory Buildings ly: 50 ft for outdoor alcohol .[teas and for buildittf s, outd err stoa'.tge, and outdoor ndustri! d, I lcavy lrtrlustrial, and Outdoor r Wholesaling uses; 100 feet for :d, Junkyard or' salvage Yard, Non-I\ic4tallir Mineral Extraction, Solid Waste, Disposal, ribution uses; 200 ft for stactiurns and grandstands; and 1,000 ft for Sexually Oriented Business uses (whicl minimum setbacks: front yard, 25 ft and at least 10 ft behind front of principal huildir accessory building, 8 ft. of a street between intersecting streets ("block face") upied by princ •rage of all the then -current principal buildings on the same also Figure 5.07.5.02(4). Sec Sccti r) 5.07.9.03 for ini and vending machines shall be set back the same dis it In i drive :April acipal 7c`tpal 3r;'pal )cilal icipal ted 15 ft; interior side yard, 8 ft; 5, 1966, the cc as detached ired ccessory ncludes all gravel, Article 3: 14ENSI'I"1", INTENSITY, BULK RF.(;UI,,Vh'R)NS CI TY OF RHINEL ANDER Z ONIN G ORDINANCE Section 5.07 .5 .03: No n-reside ntial District Density, Inte nsity, through and B ulk Reg ulations DRAFT: JANUARY 2020 Sectio n 5 .07.5 .03: No n-residential District Density, Int ensity, a nd Bulk Regulations (l) Setbacks for runways, ta xiways, helipads, or other similar higher -i nte nsity operatio nal areas as determi ned by the Z oning Admi nistrat or: 100 feet; f or airport or heliport land uses, all b uildings, stru ctu res (aside from fe ncing), scree ned o utdoor st orage areas, and lower -i ntensity oper atio nal areas: 25 feet . (k) Minimu m principal building separation in the 13-2 district shall increase to 5 feet where adjacent walls are n ot c ommon party fire walls . Article 5: DENSITY, INT ENSITY , BULK RE GU LAT IONS 5-8 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.5.04: Adjustments and Exceptions through Section 5.07.5.04: Adjustments and Exceptions Section 5.07.5.04: Adjustments and Exceptions (1) Yard Setback Adjustments (a) No yard shall be reduced in area or dimension so as to make such yard less than the minimum required by this Chapter. If an existing yard is less than the minimum required, it shall not be reduced further, except where exempted by the provisions of this Section. (b) In instances where a required buffer yard under this Chapter exceeds the minimum required setback width, the minimum required buffer yard width shall prevail. No intrusions by a structure, outdoor storage, or paved motor vehicle accommodation areas are permitted within any required buffer yard. (2) Encroachments into Required Yards. The following encroachments by buildings and structures are permitted into the specified required yards: (a) (b) Permitted Encroachments Into Required Front or Street Side Yards. 1. Chimneys, flues, sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and satellite dishes with a diameter of 20 inches or less, provided they do not extend more than two and one- half feet into the required yard. 2. Yard lights, ornamental lights, and nameplate signs for residential lots, provided they comply with applicable illumination requirements of Section 5.07.9.11. 3. Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings that do not extend above the floor level of the adjacent building entrance, which may encroach up to 5 feet into the required yard. 4. Fences, in accordance with Section 5.07.9.03 5. Lawn ornaments such as statuary, bird baths, sundials, and flag poles. Permitted Encroachments Into Required Rear or Interior Side Yards. 1. Sills, pilasters, lintels, ornamental features, cornices, eaves, gutters, and satellite dishes with a diameter of 20 inches or less, provided they do not extend more than two and one-half feet into the required yard. 2. Fences in accordance with Section 5.07.9.03. 3. Fire escapes (on residential buildings) that do not extend more than 3 feet into the required yard. 4. Lawn accessories or ornaments such as ornamental statuary, bird baths, sundials, and flag poles. (c) Permitted Intrusions Into Required Rear Yards. 1. Terraces, steps, uncovered porches, decks, stoops, or similar appurtenances to residential buildings that do not extend above the floor level of the adjacent building entrance, which may encroach up to 5 feet into the required yard. (3) Exceptions to Maximum Height Regulations. The maximum height regulations listed in each zoning district are the maximum permitted heights for all buildings and structures, except those exempted below: (a) Church spires; belfries; cupolas and domes that do not contain useable space; public monuments; water towers; telecommunication towers; fire and hose towers; flag poles; and farm structures such as barns, silos, and grain elevators. (b) Any building or structure not otherwise accounted for above may exceed maximum height regulations with the granting of a conditional use permit that specifically states the maximum permitted height of the proposed building or structure. (4) Landscape Surface Area Inclusions and Exclusions (a) In all districts, except as allowed in subsection (b), no impervious surfaces, including gravel, shall count toward the calculation of landscape surface area. Article 5: DENSITY, IN I IINSITY, BULK REGULATIONS 5-9 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.5.04: Adjustments and Exccptions through Section 5.07.5.04: Adjustments and Exceptions (b) Minor or temporary impervious surfaces such as landscaping retaining walls, planters, bird baths, lawn statues, seasonal decorative displays, poles for clothes drying, flag poles, portable play structures such as swing sets and trampolines, stormwater management basins and swales, and grass roofs shall count toward the calculation of landscape surface area. Article 5: DENSITY, INTENSITY, BULK REGULATIONS 5-10 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.6.01: Purpose through Section 5.07.6.01: Purpose Article 6: OVERLAY ZONING DISTRICTS Section 5.07.6.01: Purpose The purpose of this Article is to establish and convey overlay zoning districts wherein certain additional requirements are in addition to the underlying, standard zoning districts set forth in Article 2 of this Chapter. Each overlay district is intended to address a special land use circumstance beyond those addressed by the underlying, standard zoning district. Except where otherwise stated, the overlay zoning districts described in this Article are represented on the Official Zoning Map (or on a separate Official Overlap Zoning Map, or as otherwise indicated in this Article), adopted and from time to time amended by the City. Section 5.07.6.02: A -H Airport Height Limitation The A -H Airport Height Limitation Overlay District is intended to regulate the height of structures relative to air travel associated with the Rhinelander -Oneida County Airport, in order to protect the public health, safety, and welfare of airport users and residents and employees within the Airport and the surrounding area. The A - H District extends over the entire City, and is mapped per Section 3.05.06 of the Code. Requirements are per Title 3, Article III — Airport Height Limitation Zoning of the Code. Section 5.07.6.03: H Historic The H Historic Overlay District is intended to preserve the architectural and historic character any areas where it is indicated on the Official Zoning Map, and otherwise has the purpose indicated in Section 5.01.20(1) of the Code. The boundaries of the H Historic Overlay District are as depicted on the Official Zoning Map. As of [INSERT ADOPTION DATE], no land was zoned H Historic Overlay District in the City. If and when any H district is mapped, requirements are per Section 5.01.20(4) of the Code. Section 5.07.6.04: Shoreland-Wetland The Oneida County Shoreland Protection Ordinance fulfills Wisconsin shoreland protection mandates through its Shoreland District. Pursuant to Wisconsin Statutes, all territory annexed by the City after May 7, 1982 is subject to the Oneida County Shoreland Protection Ordinance as it existed at the time of annexation, unless the City were to adopt a shoreland protection ordinance as restrictive or more restrictive. The City has elected not to adopt a separate ordinance. Therefore, over applicable lands annexed after May 7, 1982, the City enforces the provisions of the Oneida County Shoreland Protection Ordinance that existed at the time of annexation. The Shoreland-Wetland zoning district includes all wetlands that are five acres or more and that are within 1,000 feet of the ordinary high-water mark of navigable lakes, ponds, or flowages or 300 feet of the ordinary high-water mark of navigable rivers and streams or the landward side of the floodplain of such rivers and streams, whichever is greater. Land within the Shoreland-Wetland zoning district shall be subject to the requirements of Chapter 5.07, Article II, in addition to requirements of the underlying standard zoning district, any other applicable overlay district, and other requirements of this Chapter. Section 5.07.6.05: Floodplain The Floodplain overlay zoning district includes all territory within the Floodway District, Flood fringe District, and General Floodplain Districts, as depicted on the Official Floodplain Zoning Map as defined and adopted in Chapter 5.07, Article III. Land within the City Floodway, Flood fringe, and/or General Floodplain shall be subject to the requirements of Chapter 5.07, Article III in addition to requirements of the underlying standard zoning district, any other applicable overlay district, and other requirements of this Chapter. Section 5.07.6.06: GP Groundwater Protection The purpose of the GP Groundwater Protection district is to institute land use regulations and restrictions to protect the City municipal water supply and well fields, and to promote the public health, safety and general welfare of the residents of the City. The boundaries of the GP district are as depicted on associated Article 6: OVERLAY ZONING DISTRICTS 6-1 C17Y OF RHINELANDER ZONING ORDINANCE DRAM': JANUARY 2020 Section 5.07.6.01: Purpose through Section 5.07.6.01: Purpose wellhead protection plans, and as described in Section 3.07.17(3)(a) of the Code. Requirements are per Section 3.07.17 of the Code. Article 6: OVERLAY ZONING DISTRICTS 6-2 CITY OF RHINELANDER ZONING ORDINANCE DR.AF E: JANUARY 2020 Section 5.07.7.01: Purpose trough Section 5.07.7.02: Potential Modifications and Exemptions Article 7: PLANNED DEVELOPMENT (PD) DISTRICT Section 5.07.7.01: Purpose (1) The Planned Development (PD) district is intended to encourage and promote improved environmental design by allowing for greater freedom, imagination and flexibility in land developments so zoned while assuring compliance to the purpose of the zoning ordinance and this Article, and with the City's Comprehensive Plan. Such developments shall be characterized by: (a) Coordinated, professional, unified, and creative site and building planning and design. (b) The thoughtful mixing of compatible uses within the context of a unified project, and/or the blending of uses in the development with surrounding existing and planned uses. (c) Coordination of architectural styles, building forms and relationships, graphics, and other improvements. (d) Preservation of natural landscape features and utilization of such features in a harmonious fashion. (e) Attractive recreational or other development- or community -enhancing spaces and features. (f) A safe, efficient, convenient, and integrated system for pedestrian and vehicular access and movement. (g) Efficient use of land resulting in cost effective networks of utilities, streets and other facilities. (h) Environmental sustainability and energy efficiency. (2) The greater freedom, imagination and flexibility allowed under PD zoning shall not be used to circumvent or diminish high -quality land use planning and site and building design. Instead, PD zoning shall be used only to achieve results that are superior to those possible under standard zoning districts. Section 5.07.7.02: Potential Modifications and Exemptions The following modifications and exemptions to normal requirements of the zoning ordinance may be proposed and approved within each PD, subject to the allowances and limitations herein. All such modifications and exemptions, plus any further conditions, shall be as specified and limited within the approved Specific Implementation Plan and enforced as part of this title. In the event that such requirements are not, in the determination of the Zoning Administrator, adequately specified in an approved Specific Implementation Plan, the normal requirements of this tide associated the affected categorical areas or most similar standard zoning district(s) shall prevail and be enforced within the PD. (1) Land Use. Any land use, or combination of uses, may be permitted and shall be as specified in the approved Specific Implementation Plan. Such specification may consist of references to permitted and conditional uses in one or more standard zoning districts. (2) Dimensional, Setback, and Building Height Standards. Flexibility in lot area, lot width, setback, height, yard, landscaped surface area requirements, and other dimensional and density standards may be permitted. Parking and Loading. Flexibility in the design, number of spaces, and location of off-street parking, loading, and vehicular circulation areas may be permitted. In no case shall gravel parking, loading, or circulation areas be permitted within a PD. Flexibility in number of parking or loading spaces may require detailed information indicating that demand does not warrant more spaces and/or the reservation of sufficient open space within the PD to fully comply with the normal ordinance requirement. (4) Signage. Flexibility in the design, location, area, height, and number of signs may be permitted. (3) Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-1 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARv 2020 Section 5.07.7.03: Criteria for Approval of a PD through Section 5.07.7.03: Criteria for Approval of a PD (5) Site, Building, and Landscape Design. Flexibility in site and building design may be permitted including but not limited to landscaping, lighting, and building architecture and materials. (6) Engineering Design. Flexibility in design standards for public rights -of -way and infrastructure pursuant Tides 3 and 4 of the Code may be permitted, based upon a determination by the Public Works Director that appropriate standards are applied to implement the specific function in the specific situation and to assure the public safety and welfare is protected. (7) Subdivision Standards. Flexibility in any requirements under Chapter 5.06 of the Code may be permitted, but only where the procedure in Section 5.06.11 are urili7ed. Section 5.07.7.03; Criteria for Approval of a PD As a basis for determining the acceptability of each PD application (i.e., GDP and SIP submittals), the following criteria shall be utilized by the Plan Commission and City Council. (1) Consistency. The proposed PD shall be consistent with: (a) The purposes of this title and this Chapter. (b) The Comprehensive Plan, other adopted City plans, and official map of the City.. (c) For each SIP, the approved GDP and any required modifications and conditions of GDP approval. (d) To the extent not waived or modified, all applicable zoning and other ordinance requirements. (2) Community Benefits. The proposed PD shall produce significant benefits to the City of Rhinelander as a whole, in addition to the area being proposed for development. (3) Character and Intensity of Land Use. The proposed uses and the density, intensity, and layout within the PD shall: (a) (b) Be arranged and designed in accordance with sound land planning principles and development techniques and be properly and compatibly related to each other, nearby land uses, the surrounding community, the transportation system, and other public facilities, parks, schools and utilities. Be compatible with the physical nature of the site; where possible, natural features and trees shall be preserved. (c) Create an attractive environment of sustained aesthetic and ecologic desirability, energy efficiency, economic stability and functional practicality compatible with the City's plans for the area. (d) Not adversely affect the anticipated provision for school or municipal services, such as fire and police protection, street maintenance, water, sanitary sewer, storm water management, and public parks and open spaces. (e) Not create traffic or parking demand incompatible with the existing or proposed facilities to serve it. (f) Not unduly increase the density of population or intensity of use, create traffic congestion, or restrict access to light and air to the detriment of areas outside the PD. (4) Preservation and Maintenance of Open Space. Adequate provision is made for the permanent preservation, improvement, and maintenance of common open space, and the care and maintenance shall be assured by establishment of appropriate management organization for the PD. Implementation Schedule. A schedule for the implementation of the PD shall be proposed and reasonably assured, including suitable provisions for assurance that each phase shall be brought to completion in a manner that would not result in an adverse effect upon the City as a result of termination at that point. (5) Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-2 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.7.04: Procedural Requirements for the PD District DRAFT: JANUARY 2020 through Section 5.07.7.04: Procedural Requirements for the PD District Section 5.07.7.04: Procedural Requirements for the PD District (1) General Development Plan (GDP) Review Process. (a) (b) Pre -Application Conference. Prior to the filing of a rezoning petition and GDP, the applicant shall attend a pre -application conference with City staff, arranged through the Zoning Administrator or designee, to discuss the scope and nature of the proposed development. A preliminary sketch and a narrative description shall be submitted in advance of the pre -application conference. The Zoning Administrator may refer the matter to the Plan Commission for its input prior to the submittal of a GDP. Rezoning and General Development Plan (GDP) Filing. After the pre -application conference including Plan Commission input where required, the applicant may file an application with the Zoning Administrator for approval of a zoning change to the PD district. The procedure for rezoning to a PD district shall be as required for any other zoning district change as set forth under Section [INSERT REZONE PROCEDURE SECTION], except that, in addition thereto, a digital copy of a GDP meeting the requirements of subsection (2) below, plus any paper copies required by the Zoning Administrator, shall be filed with the application for rezoning. The rezoning and GDP application shall be accompanied by a filing fee in in the amount established by resolution, a completed application form provided by the Zoning Administrator, and all items listed in Section [INSERT REZONE APPLICATION SECTION] except as waived or modified in writing by the Zoning Administrator. Such application shall be signed by the property owner(s) of the proposed PD. (c) Rezoning and General Development Plan (GDP) Review. 1. Plan Commission Hearing and Recommendation. No sooner than 30 days after the filing of an application for rezoning and GDP approval that the Zoning Administrator determines is complete, the Plan Commission shall hold a public hearing on the GDP and shall forward to the City Council a written report recommending that the rezoning and GDP be approved, approved with modifications and/or conditions, or rejected, and giving the reasons for any recommendation to reject. In making its recommendation, the Plan Commission shall utilize criteria set forth in Sections 5.07.7.03 and [INSERT REZONE APPROVAL CRITERIA; SECTION]. The public hearing shall be preceded by a Class 2 Notice under Chapter 985, Wis. Stats. 2. City Council Action. Except where the applicant grants an extension in writing, within 30 days after the Plan Commission recommendation, but not later than 120 days after the public hearing, the City Council will consider the rezoning. Following such consideration, the Council shall approve, approve with modifications and/or conditions, or reject the rezoning and GDP; or shall instead refer the rezoning and GDP back to the Plan Commission for further report. In taking section, the Council shall unlwe criteria set forth in Sections 5.07.7.03 and [INSERT REZONE APPROVAL CRITERIA SECTION]. 3. Recording. Following its approval, each GDP shall be recorded by the developer with the County Register of Deeds' office, including any and all required modifications. Within 30 days of its recording, the applicant shall provide the Zoning Administrator with a digital copy of the recorded GDP along with evidence of its recording. 4. Effect of GDP Approval. Approval of the rezoning and GDP, and GDP recording, shall entitle the applicant to prepare the Specific Implementation Plan (SIP) in accord with the approved and recorded version of the GDP and all conditions if its approval. Such GDP approval shall become null and void if the SIP has not been submitted within five years of the date of City Council approval of the GDP. The rezoning to PD shall take effect only once the events listed in Subsection (3)(b)2. have occurred. (2) General Development Plan (GDP) Requirements. The GDP shall include the following information and materials, except as waived or modified in writing by the Zoning Administrator. Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-3 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.7.04: Procedural Requirements for the PD through Section 5.07.7.04: Procedural Requirements for the PD District District (3) (a) (b) A narrative description and accompanying table(s) of the proposed development including, at minimum, the following information in MS Word format 1. A cover letter summarizing the request, including the project vision, objectives, themes, and images; general development design and uses; economic feasibility and financing; target market(s); and relationship to surrounding land uses. 2. An list of any proposed waivers and modifications from normal ordinance standards, as generally enabled under Section 5.07.7.02, and including rationale relative to the purpose in Section 5.07.7.01 and approval criteria in Section 5.07.7.03. 3. Total area in acres of the proposed PD as well as total acres expected to be devoted to each land use, including public and open space uses and rights -of -way. 4. Description of areas to be reserved or dedicated for public and recreational uses. 5. Proposed mix and maximum total number of dwelling units desired, and/or proposed mix and maximum non-residential square footage or other appropriate measure. 6. All proposed dimensional standards paralleling the types normally listed within standard zoning districts of the City. 7. Anticipated population (including school children) and number of employees in the entire development and in each proposed phase. 8. A general outline of the intended organizational structure related to property owner's association, deed restrictions and private provision for common services. 9. A timeline for the staging of development including project commencement, anticipated completion, and phasing. 10. Any other pertinent data determined necessary by the Zoning Administrator or Plan Commission for a comprehensive evaluation of the proposed development. An existing conditions map of the PD and the area within 300 feet depicting the following information: 1. Existing topography at two -foot intervals. 2. PD site area, property boundaries, easements and dimensions. 3. Existing buildings (including overhangs), driveways, parking areas and dimensions. 4. Streams, lakes, wetlands, floodplains, hydric soils, mature trees and wooded areas, slopes greater than 12 percent, and any other significant environmental features. 5. Private and public facilities, including but not limited to utilities, streets, parks, and historic resources. 6. Existing small utilities (i.e., phone, cable, gas). (c) Conceptual plan maps and graphics of the project depicting: 1. The proposed land uses, lot layout, street configuration, utilities, open space, landscape areas. 2. Location of different types and densities (e.g., units per acre) of any proposed dwelling units. 3. Location of different types and intensities (e.g., floor area ratio, height) of any proposed non- residential and mixed -use development. 4. General locations of proposed public street, open space, and utility connections, and anticipated upgrades of public infrastructure to serve the project. 5. A conceptual landscape plan showing general locations and types of proposed landscaping, including maintenance of existing vegetation where appropriate. 6. Schematic architectural plans showing the character of the proposed buildings, along with a generali>ed program of proposed signage. Specific Implementation Plan (SIP) Review Process. (a) Specific Implementation Plan (SIP) Filing. The applicant shall file digital copies of a SIP with the Zoning Administrator, along with any paper copies that the administrator may require. Normally, a SIP may be filed only after a GDP has been approved by the City Council, modified as may be required by such approval, and recorded. However, with prior authorization of the Zoning Administrator for Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-4 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.7.04: Procedural Requirements for the PD through Section 5.07.7.04: Procedural Requirements for the PD District District (b) PDs of limited complexity, the applicant may submit a SIP concurrent with a GDP application associated with all or part of the same land. Regardless of sequence, the SIP may cover only a portion of the GDP area, except as may have been restricted by GDP approval. The SIP application shall be accompanied by a filing fee in in the amount established by resolution, a completed application form provided by the Zoning Administrator, and all items listed in subsection (4) below except as waived or modified in writing by the Zoning Administrator. Such application shall be signed by the property owner(s) of the proposed PD. Specific Implementation Plan (SIP) Review. 1. Plan Commission Action. No sooner than 14 days after the filing of an application for SIP approval that the Zoning Administrator determines is complete, the Plan Commission will consider the SIP. Following such consideration, the Plan Commission shall approve, approve with modifications and/or conditions, or reject the SIP, providing the reasons for any rejection. In taking any such action, the Plan Commission shall utilize criteria set forth in Section 5.07.7.03. 2. Recording of SIP; Rezoning of Lands. The applicant shall record the approved SIP, including any required modifications, with the County Register of Deeds. The rezoning of the SIP area to PD shall become effective and the Zoning Administrator shall cause the official zoning map to reflect the rezoning, once the following have occurred: a. The applicant has provided the Zoning Administrator with a digital copy of the recorded SIP along with evidence of recording. b. Any subdivision plat or certified survey map associated with the SIP has been recorded, or an application for a building permit within the SIP area for an authorized use has been submitted, whichever comes first. 3. Lapse of SIP Approval. Final SIP approval shall terminate and the SIP shall be deemed null and void for any undeveloped part of the SIP area in one or both of the following circumstances: a. If a SIP is granted final approval and thereafter five years have lapsed without the applicant or owner applying for a building permit within the SIP area for an authorized use. b. If the approved SIP includes a phased implementation program, and five years have lapsed between (i) the acceptance of public infrastructure or initial occupancy of a building in a phase preceding the final phase and (ii) commencement of construction of the next phase. c. In the event the land affected by either such circumstance has been rezoned to the PD district, the Zoning Administrator shall initiate an application to rezone the undeveloped land in the PD area from the PD district back to the zoning district over the land before PD, or the nearest comparable zoning district. (4) Specific Implementation Plan (SIP) Requirements. The SIP shall include the following documents and schedules, except as waived or modified in writing by the Zoning Administrator: (a) An updated and more detailed narrative description and accompanying table(s) of the proposed development including, at a minimum, all information listed under subsection (2)(a) above and determined sufficient by the Zoning Administrator to enable effective zoning administration over the SIP area in perpetuity. Such information shall include but not be limited to specific densities and dimensional standards for residential and nonresidential uses paralleling those types of standards typically required within non -PD zoning districts. (b) Specific enumeration of all requested modifications and exemptions to normal zoning ordinance requirements, as generally enabled under Section 5.07.7.02, and including rationale relative to the purpose in Section 5.07.7.01 and approval criteria in Section 5.07.7.03. (c) A legal description of the boundaries of lands included in the proposed SIP area. (d) A specific list of proposed permitted and conditional uses within the SIP area, which may consist of references to permitted and conditional uses in one or more standard zoning districts. Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-5 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.7.04: Procedural Requirements for the PD through Section 5.07.7.04: Procedural Requirements for the PD District District (e) For all SIP areas that are proposed to include five or more lots, a detailed neighborhood development plan showing the precise horizontal and vertical mix of land uses; densities of use areas and development sites; building setbacks and massing; main driveways and parking areas; parks, squares, and other common open spaces; civic buildings; street trees and other natural elements; the street and block structure; and paths and other pedestrian ways. (f) A complete set of development plans including the following sheets, prepared to a recognized scale and include a date, graphic scale, and north arrow. 1. Cover sheet indicating: a. The name of the proposed PD, the name and address of the owner, engineer, land surveyor, and/or land planner. b. Vicinity map depicting the location of the proposed PD in relation to surrounding development. 2. Demolition plan depicting any demolition to occur on the site (if applicable). 3. Site and building plans meeting requirements in Section [INSERT SITE, PLAN SUBMITTAL REQUIREMENTS SECTION]. For single- and two-family dwellings, the SIP may instead include site and architectural design guidelines contained within a declaration of covenants, deed restrictions, or other similar document, in lieu of detailed plans for each individual dwelling. (g) Phasing plan, if the SIP is to be executed in phases, indicating: 1. The approximate date when construction of the project can be expected to begin. 2. The stages in which the project will be built and the approximate date when construction of each stage can be expected to begin. 3. The anticipated rate of development. 4. The approximate date when the development of each of the stages will be completed. 5. The area and location of common open space that will be provided at each stage. Agreements, bylaws, provisions or covenants which govern the organizational structure, use, maintenance and continued protection of the PD and any of its common services, common open areas or other facilities. (h) (i) (i) (k) (1) Proof of financing capability to complete the SIP. All conditions agreed to by the applicant which are not included in the written documentation required by this section shall be part of the development plan. If the site has any environmental contamination, a plan of remediation. Any other plans, documents or schedules requested by the Zoning Administrator or the Plan Commission. Section 5.07.7.05: Development Agreement. Before any building permit shall be issued in a PD district, at the City's discretion, the applicant and/or the owner shall enter into an appropriate agreement with the City to guarantee the implementation of the PD according to the terms and conditions established as a part of the GDP and SIP. The City shall have the right, if deemed appropriate, to require the inclusion of performance bonds or other security deemed satisfactory to the City Attorney. Section 5.07.7.06: Subdivision Review. The applicable subdivision or land division review under Chapter 5.06 of the Municipal Code, where necessary, shall be carried out as an integral part of the review of a PD. Subdivision applications may be submitted for the whole or parts of the overall PD as indicated by any identified phases. Section 5.07.7.07: Amendment of GDPs and SIPs. Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-6 CRY OF RHINELANDER ZONING ORDINANCE DRAFT:'ANUARY 2020 Section 5.07.7.04: Procedural Requirements for the PD through Section 5.07.7.04: Procedural Requirements for the PD District District (1) Minor Amendments. The Zoning Administrator may authorize a minor amendment to a previously approved GDP or SIP, upon application and review under the applicable subsection(s) of Section 5.07.7.04. A minor amendment shall be classified as an amendment to an approved GDP and/or SIP required by engineering, topographic, lot configuration, or other circumstances not foreseen at the time such plan(s) was approved, provided that the amendment does not result in any of the following: (a) Change in the approved use, character, or vision of the development. (b) Conflict with the intent of the City Council or Plan Commission in approval of the GDP and/or SIP. (c) Change the overall coverage of structures and/or the density or intensity of use by more than 10 percent. (d) Reduce the approved open space, off-street parking or loading spaces, minimum lot area, minimum floor area, and/or other dimensional requirement by more than 10 percent. (e) Any other amendment specifically listed in the approved GDP and/or SIP as requiring subsequent Plan Commission or City Council approval. (2) Major Amendments. (a) Each amendment to the GDP not classified as a minor amendment under subsection (1) shall instead be classified as a major amendment, and must be approved by the City Council, following a recommendation from the Plan Commission, per Section 5.07.7.04(1). (b) Each amendment to the SIP not classified as a minor amendment under subsection A must be approved by the Plan Commission, per Section 5.07.7.04(3). Recording and Development Agreement. Each approved amendment to a GDP or SIP shall be recorded before the City will issue a building permit or enable recording of a subdivision plat or certified survey map authorized under the approved amendment. The City may also require an amendment to any development agreement under Section 5.07.7.05. (3) Article 7: PLANNED DEVELOPMENT (PD) DISTRICT 7-7 Section 5.07,13,01: Introdttctiot to Word Usage, Abbreviations and I)efinitioo, Article 13: DEFINITIONS Section 5.07.13.01: Introduction to Word Usage. Abbreviations and Definitions The purpose of this Article is to define words, terms, and phrases contained in this Chapter that are essential to the understanding, administration, and enforcement of this Chapter, and that may not be part of common English usage or may have a different definition for purposes of this Chapter than common English usage suggests. Section 5.©7.13.©2: Word Usage The interpretation of this Chapter shall abide by the pro context clearly requires otherwise, or where the result would clearly be inconsistent with the apparent intent of this Chapter. (1) Words used or defined in one tense or form shall include other tenses and derivative forms. (2) Words in the singular number shall include the plural number, and words in the plural number shall include the single number. (3) The masculine gender shall include the feminine, and vice versa. (4) The words "shall,,, "must," and "will" are. mandatory, (5) The words "may," "can," "should," and "might" are permissive, (6) The word "personincludes individuals, firms, corporations, partnerships, associations, trusts, and any other legal entity. (7) If there is any ambiguity between the text of this Chapter and any caption, illustration, or table, the text shall control, ion, except where the Section 5.©7.13,03: Abbreviations The following abbreviations in this Chapter are intended to have the following; meanings: Acre B-1 13-2 B-1 Neighborhood Bust B-2 Central Business ing distr." district) B-3 B-3 General Business C -B C -B Community Building dart C -R C -R Conservation and Recreauo ing district) d zoning district) ndard zoning district) .Db Decibel DNR Wisconsin Department or N sources (also "WisDNR") DOT 'Wisconsin Department of Transpor Du Dwelling unit (also "''isDOT") "AA Federal Aviation Ad n GFA Gross Floor Area GP GSA Groundwater Protection (overlay zoning district) Gross Site Area I -I Historic (overlay zoning district Article 13: DEFINITIONS 13-1 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.13.04: Definitions through DRAFT: JANUARY 2020 Section 5.07,13.04: Definitions HUD U.S. Department of Housing and Urban Development I-1 I-1 Light Industrial (standard zoning district) 1-2 I-2 General Industrial (standard zoning district) INT INT Institutional (standard zoning district) LSP Landscape Surface Percentage Max Maximum MGD Maximum Gross Density MH Maximum Height Min Minimum MLA Maximum Lot Area MSA Minimum Site Area N/A Not applicable PSC State of Wisconsin Public Services Commission R-1 R-1 Single -Family Residential (standard zoning district) R-2 R-2 Single and Two -Family Residential (standard zoning district) R-3 R-3 Mixed Residential (standard zoning district) SF or sq. ft. Square feet UDC Uniform Dwelling Code - Or fewer (as in "8-") + Or more (as in "9+") Section 5.07.13.04: Definitions The following words, terms and phrases, wherever they occur in this Chapter, shall have the meanings ascribed to them by this Section. Abutting: Having a common border with, or being separated from such common border by an alley or easement. Access: A means of providing vehicular or non -vehicular egress from or ingress to a property, highway, or private roadway. Access, direct: A condition of immediate physical connection resulting from a highway, alley, or private road abutting a property. Access, secondary: A means of providing vehicular or non -vehicular ingress to or egress from a property and a source other than a street or alley (e.g., easement, common driveway). Access standards: See Section 5.07.9.07. Acre: 43,560 square feet. Accessory dwelling unit (land use): See Section 5.07.4.09. Accessory land use or structure: A use or structure subordinate to, and serving, the principal use or structure on the same lot and customarily incidental thereto. Accessory residential use or dwelling unit: For purposes of this Chapter, a dwelling unit that is accessory to one or more principal land uses. Includes "In -Home Suites," "Accessory Dwelling Units," and similar uses. Active outdoor public recreation (land use): See Section 5.07.4.04. Article 13: DEFINITIONS 13-2 CITY OF RHINEIANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Addition: Any walled and roofed expansion to the perimeter and/or height of a building in which the addition is connected by a common load -bearing wall. Any walled and roofed addition that is connected by a fire wall or is separated by independent perimeter load -bearing walls shall be considered new construction. Address and/or identification sign: An accessory wall sign containing only the name and/or address of the premises on which it is located. Adjacent: Abutting a separate lot. Agricultural- or forestry -related use (land use): See Section 5.07.4.03. Agricultural use (land use): See Section 5.07.4.03. Air pollution standards: See Section 5.07.9.14. Airport or heliport (land use): See Section 5.07.4.07. Alley: A public right-of-way which normally affords a secondary means of access to the side or rear of an abutting property, and which is not intended for through traffic. Amateur radio antenna: Any combination of materials or equipment located outside of a principal structure on a premises used exclusively for the purpose of sending and/or receiving electromagnetic waves for amateur radio service, including any towers, support structures, guy wires, foundations or similar components of a support structure. Amateur radio service: The transmission and reception of electromagnetic signals for non-commercial purposes, by an amateur radio operator licensed by the Federal Communications Commission. Apartment: See definition of Multi -Family residence. Appeal: A means for obtaining review of a decision, determination, interpretation, order, or failure to act pursuant to the terms of this Chapter as expressly authorized by the provisions of Section 5.07.12.14. Aquifer: A saturated, permeable, geologic formation that contains, and will yield, significant quantities of water. Arterial street: See Street, Arterial. Artisan studio (land use): See Section 5.07.4.05. Artwork: Means a sculpture, monument, or structure erected solely for aesthetic purposes, which in no way identifies a product or business or is used for commercial purposes. Auction Yard: A land use dedicated to the regular auctioning of products, generally produced at another location and transported to the site for the auction. See Section 5.07.4.08. Awning: A shelter projecting from and supported by the exterior wall of a building, constructed of non -rigid materials on a supporting framework. Banner: A sign made of fabric or any non -rigid material with no enclosing framework. Basement: A portion of a building located partly underground, but having one-half or less of its floor to ceiling height below the average grade of the adjoining ground. Bed and breakfast (land use): See Section 5.07.4.05. Bedroom: A room in a residence marketed, designed, or otherwise likely to function primarily for sleeping. Billboard: An off -premise advertising sign that directs attention to a business, product, or service offered at a location other than on the premises on which the sign is located. Blanket variance: A variance that is automatically granted by a provision of this Chapter in order to reduce the creation of legal nonconforming sites (see Section 5.07.11.05). Brewpub: A use that is accessory to a restaurant or tavern use, produces less than 10,000 barrels of beer per year, is permitted under Wis. Stat. § 125.295, and where beer is primarily produced for on -site consumption. Buffer yard: Any permitted combination of distance, vegetation, fencing, and/or berming that results in a reduction of visual and other interaction with an adjoining property, as required for certain land uses and activities and specified in Section 5.07.8.04(3)(d). Article 13: DEFINITIONS 13-3 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions lhroagh Section 5.07.13.04: Definitions Building: A structure having a roof and intended for the shelter, housing, or enclosure of persons, animals or chattels. Building, accessory: A building that meets the following criteria: (1) Is subordinate to and serves a principal structure and/or principal use; (2) Is subordinate in area, extent, and purpose to the principal structure or use served; (3) Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Chapter; and (4) Is customarily incidental to the principal structure or use. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building. Building coverage: The percentage of a lot covered by principal and accessory buildings, including all structures with a roof. Building front: That exterior wall of a building that faces the front lot line of the lot. Building height: The vertical distance from the average curb level in front of the lot or the finished grade at the building line, whichever is higher, to the highest point of the coping of a flat roof; the deck line of a mansard roof; or to the average height of the highest gable of an umbra', hip, or pitched roof. Building Inspector: The employee or contractor of the City officially designated to administer the Building Code. Building, principal: A building in which is conducted, or in which is intended to be conducted, the main or principal use of the lot on which it is located. Building separation: The narrowest distance between two buildings. See Minimum Building Separation. Building size: The total gross floor area of a building. See Maximum Building Size. Bulk (of a building): The combination of building height, size, and location on a lot. Campground (land use): See Section 5.07.4.05. Canopy (building): A rigid multisided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded in the ground at other points or extremities. Canopy (freestanding): A rigid multisided structure covered with fabric, metal, or other material and supported by columns or posts embedded in the ground. Cellar: That portion of the building having more than one-half of the floor -to -ceiling height below the average grade of the adjoining ground. Certificate of Occupancy: See Section 5.07.12.10. Collector street: See Street, Collector. Commercial indoor lodging (land use): See Section 5.07.4.05. Commercial land use(s): See Section 5.07.4.05. Communications tower (land use): See Section 5.07.4.08. Community character: The impression an area makes in regard to the type, intensity, density, quality, appearance, and age of development. Community garden: A designated area for cultivation and related activities divided into one or more plots to be cultivated by more than one operator or member, as a principal land use of a property. A community garden may be the sole principal use of the property, or may be a second principal use on a property with a residence. Does not include gardens for cultivation of crops primarily for consumption on the same premises. Community living arrangement (land use): See Section 5.07.4.04. Company provided on -site amenities (land use): See Section 5.07.4.09. Article 13: DEFINI PIONS 13-4 CITY OF RHINELANDER ZONING ORDINANCE DRAI'T: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Comprehensive Plan: The adopted Comprehensive Plan of the City of Rhinelander, as may be from time to time amended. Conditional use: A land use that requires a conditional use permit in order to develop. Construction, start of: The installation of foundation footings and/or materials for road construction. Contractor's on -site equipment storage facility (land use): See Section 5.07.4.10. Contractor's project office (land use): See Section 5.07.4.10. County: Oneida County, Wisconsin. Cul-de-sac: A local street having one end open to traffic and the other end permanently terminated in a vehicular turnaround meeting City standards. Day care: See "Family Day Care Home," "Intermediate Day Care Home," or "Group Day Care Center." Deck: A structure that has no roof or walls and is considered part of a building or structure. Dedication: The transfer of property interest from private to public ownership for a public purpose. The transfer may be of fee -simple interest or of a less than fee -simple interest, including an easement. Density: A term used to describe the number of dwelling units per acre. Detached accessory structure (for non-residential use) (land use): See Section 5.07.4.09. Detached accessory structure (for residential use) (land use): See Section 5.07.4.09. Developer: The legal or beneficial owner(s) of a lot or parcel of any land proposed for inclusion in a development, including an option or contract purchaser. Development: The division of a parcel of land into two or more parcels; the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any buildings; any use or change in use of any buildings or land; any extension of any use of land; or any clearing, grading, or other movement of land, for which permission may be required pursuant to this Chapter. Disposal land use(s): See Section 5.07.4.06. Drainage: The removal of surface water or groundwater from land by drains, grading, or other means. Drainage includes the control of runoff, to minimize erosion and sedimentation during and after development, and the means necessary for water supply preservation or prevention or alleviation of flooding. Drive-in or drive -through sales or service (land use): See Section 5.07.4.05. Drive-in theater: A type of "Outdoor Commercial Entertainment" use. Dwelling: A building or one or more portions thereof, containing one or more dwelling units, but not including habitations provided in nonresidential uses such as lodging uses and campgrounds. Dwelling, attached: A dwelling joined to another dwelling at one or more sides by a shared wall or walls. Dwelling, detached: A dwelling entirely surrounded by open space on the same lot. Dwelling unit: A room or group of rooms providing or intended to provide permanent living quarters for not more than one family. Dwelling unit separation: The narrowest distance between two dwelling units. See Minimum dwelling unit separation. Earth filling /excavating: See Section 5.07.9.02. Easement Written authorization, recorded in the Register of Deeds' office, from a landowner authorizing another party to use any designated part of the landowner's property for a specified purpose. Encroachment: Any fill, structure, building, use, or development that advances beyond proper limits. Erosion: The detachment and movement of soil or rock fragments by water, wind, ice, and/or gravity. Essential services: Facilities that meet the following criteria: (1) Are owned or maintained by public utility companies or public agencies; Article 13: DEFINITIONS 13-5 CITY OF RHINELANDER ZONING ORDINANCE DRAAT: JANUARY 2020 Section 5.07.13.04: Definitions 1hrosgh Section 5.07.13.04: Definitions (2) Are located in public ways or in easements provided for the purpose, or on a customer's premises and not requiring a private right-of-way; (3) Are reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication, or similar services to adjacent customers, and; (4) Do not include any cross-country line on towers. Existing Facilities and Land Uses: Pertaining to the well recharge regulations of this Chapter, those facilities, practices, or activities existing as of the date that the GP Groundwater Protection Area overlay zoning district is first mapped in that area and in continuous operation since that date, which may cause or threaten to cause environmental pollution within the GP district. Existing facilities and land uses include but are not limited to the type listed in the Department of Natural Resources' form 3300-215, Public Water Supply Potential Contaminant Use Inventory Form, incorporated herein as if fully set forth. Explosion standards: See Section 5.07.9.17. Facade: The entire building front including the parapet. Family: An individual or two or more persons, each related by blood, marriage, adoption, or guardianship, living together as a single housekeeping unit; or a group of not more than four persons not so related, maintaining a common household in which bathrooms, kitchen facilities, and living quarters are shared. Family day care home (land use): See Section 5.07.4.09. Fencing standards: See Section 5.07.9.03. Fire and explosion standards: See Section 5.07.9.17. Flag: Any fabric, plastic, or similar material containing distinctive colors, patterns, or symbols used as a symbol or emblem of any corporation, nation, organization of nations, state, City, or religious, fraternal, educational or civic organization displayed for noncommercial purposes. Flashing sign: A directly or indirectly illuminated sign on which artifirial light is not maintained stationary and constant in intensity and color at all times when in use. Flicker: The moving shadow created by sun shining on the rotating blades of the wind turbine. Floor area: The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines, basements, attached accessory buildings, fitting rooms, stairs, escalators, unenclosed porches, detached accessory buildings utilized as dead storage, heating and utility rooms, inside off-street parking or loading space (decks are not included in this measurement). Measurements shall be made from the inside of the exterior walls and to the center of interior walls. Flyway barrier: An obstacle designed to cause bees to fly upward after exiting the hive and directing them away from neighboring and adjoining areas inhabited by humans. Barriers must be six (6) feet in height. Footcandle: A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle. Freight terminal, commodity trucking or distribution center (land use): See Section 5.07.4.07. Garage (residential): A detached accessory building or a portion of the principal building, including a carport, which is used primarily for storing passenger vehicles, trailers, or one truck of a rated capacity not in excess of ten thousand (10,000) pounds. Garages do not include temporary enclosures. See also "Detached Accessory Structure (for Residential Use)." Gas station: See "Drive -In or Drive -Through Sales or Service." Geothermal energy system (GES) (land use): See Section 5.07.4.09. General floor plans: A graphic representation of the anticipated utilization of the floor area within a building or structure, but not necessarily as detailed as construction plans. General temporary outdoor sales (land use): See Section 5.07.4.10. Article 13: DEFINITIONS 13-6 CITY OF RFIINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Glare: The brightness of a light source that causes eye discomfort. Glare standards: See Section 5.07.9.16. Green space: Includes all landscape surfaces, in ground stormwater management facilities, woodlands, and permanently protected natural resource areas that allow ground water infiltration. Gross density: The result of dividing the number of dwelling units located on a site by the gross site area. See Maximum gross density. Gross floor area (GFA): The total floor area on all levels of a building. Gross site area (GSA): The total area of a site available for inclusion in calculations of the maximum permitted density or intensity of development. Group day care center (land use): See Section 5.07.4.05. Group development: Any development that is comprised of a lot with any of the following: (1) A single principal structure with a Gross Floor Area of 5,000 square feet or more housing two or more non-residential uses or leasable tenants spaces OR a mixed -use structure that contains one or more non-residential uses and one or more residential use; (2) Two or more principal multi -family residential structures with a total of six or more residential units; (3) Two or more principal structures with a combined Gross Floor Area of 5,000 square feet or greater, whether currently serving a single use or more than one use. Habitable building: Any building, or portion thereof, used for human habitation. Hazardous materials: See Section 5.07.9.20. Heat standards: See Section 5.07.9.16. Heavy industrial (land use): See Section 5.07.4.08. Height of structure: See Building Height. Historic structure: Any building or portion of a building that is a) listed or eligible for listing on the National or State Registers of Historic Places or b) identified as having historic or architectural significance by a comprehensive survey of historic resources conducted by or with authorization of the City. Hotel: See "Commercial Indoor Lodging." Impervious surface: Areas designed and installed to prohibit infiltration of stormwater. Homes, buildings, and other structures, as well as concrete, brick, asphalt, and similar paved surfaces are considered impervious. For the purposes of this Chapter, gravel areas and areas with "landscaped pavers" and "pervious pavement" that are intended for vehicular traffic shall be considered impervious. In -home suite (land use): See Section 5.07.4.09. Indirectly (externally) illuminated sign: A sign that is illuminated from a source outside of the actual sign. Indoor commercial entertainment and dining (land use): See Section 5.07.4.05. Indoor institutional —general (land use): See Section 5.07.4.04. Indoor institutional —large (land use): See Section 5.07.4.04. Indoor repair and maintenance (land use): See Section 5.07.4.05. Indoor sales incidental to storage or light industrial land use (land use): See Section 5.07.4.09. Indoor sales or service (land use): See Section 5.07.4.05. Indoor storage or wholesaling (land use): See Section 5.07.4.06. Institutional and recreational land use(s): See Section 5.07.4.04. Institutional residential (land use): See Section 5.07.4.04. Article 13: DEFINITIONS 13-7 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Intensity: A term used to describe the amount of gross floor area or landscaped area, on a lot or site, compared to the gross area of the lot or site. Intermediate day care home (land use): See Section 5.07.4.09. Internally illuminated sign: A sign designed to give any artificial light directly through any transparent or translucent material from a source of light originating within such sign. Interpretations: See Section 5.07.12.12. Junkyard or salvage yard (land use): See Section 5.07.4.08. Landscaped area: The area of a site that is planted and continually maintained in vegetation, including grasses, flowers, herbs, garden plants, native or introduced groundcovers, shrubs, bushes, and trees. Landscaped area includes the area located within planted and continually maintained landscaped planters. Landscaped areas do not include stormwater detention ponds unless the Plan Commission deems that the design of the facility also meets the aesthetic, screening, or other open space requirement applicable to the use or site. Landscaped surface percentage (LSP): The percentage of the gross site area or lot area that is preserved as permanently protected landscaped area or "green space". Landscaping: A deliberately designed collection of living plants installed and maintained on a lot, generally including a combination of trees, shrubs, and perennial plantings. Land use: The type of development and/or activity occurring on a piece of property. Large exterior communication device (land use): See Section 5.07.4.09. Lawn care: Any activity involving the preparation, installation, and maintenance of vegetative ground cover, including but not limited to grass. Light industrial (land use): See Section 5.07.4.08. Light industrial activities incidental to indoor sales or service (land use): See Section 5.07.4.09. Lighting standards, exterior: See Section 5.07.9.11. Loading standards: See Section 5.07.9.09. Local collector street: See "Street, Collector." Local residential street: See "Street, Local Residential." Local street: See "Street, Local." Lot: A parcel of land that: (a) is undivided by any street or private road; and (b) has frontage on a public street or other officially approved means of access, occupied or intended to be occupied by a principal structure or use and sufficient in size to meet the lot width, lot frontage, lot area, yard, parking area and other provisions of this Chapter and the Land Division and Subdivision Ordinance. Lot area: The area contained within the exterior boundaries of a recorded lot, excluding public streets and land under bodies of water. Lot, corner: A lot situated at the junction of and abutting two or more intersecting streets, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed 135 degrees. Lot depth: The average distance between the front lot line and the rear lot line of a lot. Lot frontage: Lot width measured at the front lot line. Lot interior: A lot other than a corner lot. Lot line: A lot line is a property line bounding a lot, except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the line of such public right-of-way shall be the lot line for purposes of this Chapter. Article 13: DEFINITIONS 13-8 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Lot line, front: A lot line that abuts a public or private street right-of-way. For corner lots, the lot line along the street from which the house is addressed shall be the front lot line. (See also lot line, street side). Lot line, interior side: Any boundary of a lot that is not a front lot line, a street side lot line, or a rear lot line. Lot line, rear: In the case of rectangular or most trapezoidal shaped lots, the lot line that is opposite and most distant from the front lot line of the lot is the rear lot line. In the case of an irregular, triangular, or gore -shaped lot, a line 20 feet in length, entirely within the lot, parallel to and at the maximum possible distance from the front line shall be considered to be the rear lot line. In the case of a double frontage lot, there shall be no rear lot line Lot line, street side: For corner lots, the lot line that abuts a public or private street right-of-way but that is not the front lot line. Lot of record: A platted lot or lot described in a certified survey map or in a metes and bounds description that has been approved by the City or by Oneida County; and has been recorded in the office of the Register of Deeds prior to April 15, 1966. Lot, through: A lot that has a pair of opposite lot lines abutting two substantially parallel streets (one or more of which may be a portion of a cul-de-sac). Lot width: The maximum horizontal distance between the side lot lines of a lot, measured at a location of the lot that is (a) parallel to the front lot line and at (b) at the minimum required front yard. Such minimum required front yard shall be per this Chapter for the associated zoning district, or further towards the rear lot line if so delineated on an approved subdivision plat or certified survey map. See also "Minimum lot width." Lowest floor: The lowest enclosed floor (including basement). Any unfinished or flood resistant enclosure, usable solely for parking vehicles, building access, or storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosed area is not built so as to render the structure in violation of the applicable non -elevation design requirements of this Chapter. Major home occupation (land use): See Section 5.07.4.09. Manufactured home: A home built entirely in the factory under a federal building code administered by the U.S. Department of Housing and Urban Development (HUD). The Federal Manufactured Home Construction and Safety Standards (commonly known as the HUD Code) went into effect June 15, 1976. A manufactured home may be constructed of single or multiple Sections. Manufactured/mobile home community (land use): See Section 5.07.4.02. Maximum accessory building coverage: The largest permitted area of all accessory buildings on a lot. Maximum capacity: The maximum number of people a building or land use can accommodate by law, typically the fire code, often used to calculate minimum required parking spaces in this Chapter. Maximum gross density (MGD): The maximum number of dwelling units permitted per acre of Gross Site Area. See also "gross density." Maximum height: The maximum height of the highest portion of any structure. See also "height." Microbeverage production facility (land use): See Section 5.07.4.05. Minimum building separation: The narrowest permitted building separation for buildings on the same building lot or site. Minimum dwelling unit separation: The narrowest permitted dwelling unit separation on the same building lot or site. Minimum landscape surface percentage (MLSP): The lowest permitted landscape surface percentage. See also "landscape surface percentage." Minimum lot area (MLA): The minimum size lot permitted within the specified zoning district and development option. Article 13: DEFINITIONS 13-9 CITY OF RHINEIANDER ZONING ORDINANCE Section 5.07.13.04: Definitions DRAFT: JANUARY 2020 through Section 5.07.13.04: Definitions Minimum lot width: The smallest permissible lot width within the applicable zoning district, as measured at the minimum front building setback line in the associated standard zoning district or some other line as may be approved by subdivision plat or certified survey map. Minimum setback: The narrowest distance permitted from a front, street side, interior side, or rear property line to a building or structure as specified in this Chapter. Minimum site area (MSA): The minimum gross site area in which the specified development option may occur. See also "gross site area (GSA)". Minor home occupation (land use): See Section 5.07.4.09. Mixed use: Some combination of residential, commercial, industrial, office, institutional, or other land uses within a district or development. Mixed use dwelling unit (land use): See Section 5.07.4.02. Modular home: Includes homes that are built to State, County, and City building code standards and consist of one or more modules, panels, and pre-cut sections that are manufactured off -site and are transported to the site for final assembly. Multi -family residence (land use): See Section 5.07.4.02. Navigable water: All natural lakes, rivers, streams, ponds, sloughs, flowages, and other waters that are navigable under the laws of this state. The Wisconsin Supreme Court has declared navigable all bodies of water with a bed differentiated from adjacent uplands and with levels of flow sufficient to support navigation by a recreational craft of the shallowest draft on an annually recurring basis. [Muench v. Public Service Commission, 261 Wis. 492 (1952), and DeGaynor and Co., Inc. v. Department of Natural Resources, 70 Wis. 2d 936 (1975)]. For the purposes of this Chapter, rivers and streams will be presumed to be navigable if they are designated as either continuous or intermittent waterways on the United States Geological Survey quadrangle maps until such time that the Wisconsin Department of Natural Resources has made a determination that the waterway is not, in fact, navigable. Noise standards: See Section 5.07.9.13. Non-metallic mineral extraction (land use): See Section 5.07.4.08. Nonconforming lot: See "Substandard Lot." Nonconforming sign: A sign that was legally constructed under the regulations in place at the time, but does not conform to the regulations of this Chapter. Nonconforming site: Any development that was lawfully established prior to April 15, 1966 or subsequent amendments thereto, but that would not conform to one or more current site, building, landscape, lighting, or other design regulations within this Chapter. See Section 5.07.11.05. Nonconforming structure: Any building, or other structure, that was lawfully established prior to April 15, 1966 or subsequent amendments thereto, but that would not conform to one or more current density, intensity, or bulk regulations within this Chapter. See Section 5.07.11.04. Nonconforming use: An active and actual use of land, building(s), or structure(s) that was lawfully established prior to April 15, 1966 or subsequent amendments thereto, that has continued as the same use to the present, and that does not comply with all the applicable use regulations of this Chapter. See Section 5.07.11.03. Non-residential district(s): All standard zoning districts other than the R-1, R-2, R-3, and C -R districts. Non-residential land use(s): All uses that are not intended for long term or permanent use as a dwelling unit. Commercial lodging and similar land uses intended for short-term occupancy are considered non- residential land uses. Noxious matter or materials: Material capable of causing injury to living organisms by chemical reaction, or capable of causing detrimental effects on the physical or economic well-being of individuals. Noxious materials standards: See Section 5.07.9.18. Article 13: DEFINITIONS 13-10 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Odor standards: See Section 5.07.9.15. Office (land use): See Section 5.07.4.05. Official map: A map adopted and designated by the City as being the "Official Map," pursuant to Section 66.23(6) Wis. Stats., that shows current and proposed municipal sites and rights -of -way. Official Zoning Map: The map adopted and designated by the City as being the "Official Zoning Map" that includes all lands within the City municipal limits, and that visually represents the location of zoning districts under this Chapter. On -site: Located on the lot in question, except in the context of on -site detention, when the term means within the boundaries of the development site as a whole. On -site agricultural retail (land use): See Section 5.07.4.03. On -site real estate sales office (land use): See Section 5.07.4.10. Outdoor and vehicle repair and maintenance (land use): See Section 5.07.4.05. Outdoor assembly (land use): See Section 5.07.4.10. Outdoor commercial entertainment (land use): See Section 5.07.4.05. Outdoor display (land use): See Section 5.07.4.05. Outdoor institutional (land use): See Section 5.07.4.04. Outdoor storage of firewood standards: See Section 5.07.4.05. Outdoor storage or wholesaling (land use): See Section 5.07.4.06. Overlay zoning district: A zoning district that imposes uniform restrictions on all properties within its area that are in addition to the restrictions specific to standard zoning districts and the general restrictions of this Chapter. See Article 6. Owner: The person, persons, or other legal entity having the right of legal title to a lot or parcel of land. Parapet: The extension of a false front or wall above the roofline. Parcel: The area within the boundary lines of a lot. Parking requirements: For minimum parking requirements associated with individual land uses refer to Article 4. For parking space and lot design standards, see Section 5.07.9.08. Passive outdoor public recreation (land use): See Section 5.07.4.04. Penalty: See Section 5.07.12.15. Pennant: A sign made of fabric, plastic, or similar material, which may or may not contain distinctive colors, patterns or symbols of a corporation or business, often in series, and usually mounted without a frame and hung from poles and structures to allow movement by air. Such attention -getting displays not specifically defined as a flag or banner are considered pennants. Performance guarantee: A financial guarantee to ensure that all improvements, facilities, or work required by this Chapter will be completed in compliance with the Chapter regulations and the approved plans and specifications of a development. Performance standard: Criterion established to control and limit the impacts generated by, or inherent in, uses of land or buildings. Permitted by right, use: A particular type of land use that is allowed as a matter of right within an associated zoning district, provided that all other requirements of this Chapter are met. Personal or professional service (land use): See Section 5.07.4.05. Personal storage facility (land use): See Section 5.07.4.06. Plan commission: The Plan Commission of the City of Rhinelander, also commonly referred to as the Planning Commission. See Section 5.07.12.16. Article 13: DEFINITIONS 13-11 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Planned development: A tract of land which contains or will contain two or more principal buildings developed under single ownership or control, the development of which is unique and of a substantially different character than that of surrounding areas. Such development shall be based on a plan that allows for flexibility of design not available under normal zoning district requirements. Porch: A covered platform, usually having a separate roof, at an entrance to a dwelling, or an open or enclosed gallery or room, which is not heated or cooled, that is attached to the outside of a building. Portable sign: A sign not permanently attached to the ground that is designed to be moved from one location to another. Preservation or restoration area: Any lands managed to preserve or restore native Wisconsin grasses and forbs, native trees, shrubs, wildflowers and aquatic plants; an old field succession of native and non-native plants, or a combination of these. Includes formerly farmed areas left to grow wild. Does not include farmland left temporarily fallow for agricultural reasons. Principal building: See Building, principal. Principal use: Any and all of the primary uses of a property, treated as a use permitted by right or as a conditional use (rather than as an accessory use or a temporary use). Prohibited sign: A sign that is not allowed to be erected within the City. Public improvement: Any improvement, facility, or service, together with customary improvements and appurtenances thereto, necessary to provide for public needs such as streets, roads, alleys, pedestrian walks or paths, storm sewers, flood control improvements, water supply and distribution facilities, sanitary sewage disposal and treatment, public utility and energy services. Public sanitary sewer: Includes the City of Rhinelander sanitary sewer system and other forms of sanitary sewer systems approved by the State Department of Natural Resources and maintained by a public agency authorized to operate such systems. Public service or utility (land use): See Section 5.07.4.04. Railroad right-of-way: A strip of land with tracks and auxiliary facilities for track operation, but not including freight depots or stations, loading platforms, train sheds, warehouses, car or locomotive shops, or car yards. Real estate sign: A sign that is used to offer for sale, lease, or rent the property upon which the sign is placed. Recorded lot: See "Lot of record." Recreational vehicle: For purposes of this Chapter, includes any of the following. All -terrain motorized vehicles; snowmobiles; water craft; towed, motorized, or truck -mounted campers; motor homes; roof mounted cargo carriers; any trailer whether flat-bed or with a chassis -mounted container; or any vehicle or vehicle trailer similar to the above. Relocatable building (land use): See Section 5.07.4.10. Residential district(s): The R-1, R-2, or R-3 zoning districts. Residential land use(s): A land use intended for use as a long-term residence or dwelling, whether owner or renter occupied, including "institutional residential" and "community living arrangement" land uses in any district and accessory residential land uses. Excludes commercial lodging, tourist lodgings, and campgrounds. Residentially zoned: Land located in the R-1, R-2, R-3, or within any portion of a C -R, INT, or PD district approved exclusively for a residential use. Restrictive, more/less: A regulation imposed by this Chapter is more/less restrictive than another if it prohibits or limits development to a greater/lesser extent or by means of more/less detailed specifications. Restaurant: A type of "Indoor Commercial Entertainment and Dining" land use in which food and beverages are sold to paying customers for on -site consumption. Article 13: DEFINITIONS 13-12 Cir' OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions tbrorrgh Section 5.07.13.04: Definitions Restaurant, fast food: A type of "Drive -In or Drive -Through Sales or Service" use in which food and beverages are sold to customers ordering and/or picking up such food or beverages in vehicles, with or without an option or eat and drink in the premises instead. Roof sign: A sign erected upon or over the roof or parapet of any building. Rooming house (land use): See Section 5.07.4.05. Scale (of development): A term used to describe the gross floor area, height, or volume of a single structure or group of structures. Sedimentation: The deposition of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a result of erosion. Septic systems: State enabled, County approved private on -site waste treatment systems. Setback: The shortest distance between a building's or structure's exterior and the nearest point on the referenced lot line. See also "minimum setback." Sexually -oriented business (land use): See Section 5.07.4.05. Shadow: The outline created on the surrounding area by the sun shining on the wind energy system. Shrub: A low-lying deciduous or evergreen plant. Sign: An emblem, name, identification, description, or illustration that is affixed to or appears directly or indirectly upon a building, structure, or piece of land and that directs attention to an object, product, place, activity, person, institution, organization, or business. Definitions, descriptions, and regulations for various types and configurations of signs are found in Article 10. Sign, abandoned: A business sign that is no longer being used in connection with an ongoing business on the lot; a sign that is no longer being used because the business is discontinued; and/or a sign that has not been maintained in a manner that renders it legible. Sign, gross area of: The entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of such sign. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display. Signable wall: A front wall, street side wall, or interior or rear side wall with a customer building entrance facing a customer parking lot. No individual wall shall count as more than one signable wall for purposes of determining the allowable number and area of business signs. Signal receiving antenna (satellite dishes) standards: See "Small Exterior Communication Device" and "Large Exterior Communication Device." Single-family detached residence (land use): See Section 5.07.4.02. Site area: See Gross site area. Site plan: See Section 5.07.12.10. Skylight: A window or other paned area located on the ceiling or roof of a structure. Small exterior communication device (land use): See Section 5.07.4.09. Small solar or wind energy system (land use): See Section 5.07.4.09. Solid waste disposal, composting, and/or facility (land use): See Section 5.07.4.06. Standard zoning districts: Zoning districts that primarily regulate the use of land and intensity or density of such use, as opposed to overlay zoning districts or special zoning districts like the PD district. Start of construction: The date the building permit is issued, provided the actual start of activity was within 365 calendar days of the permit date. The actual start of activity means either the first placement of permanent construction of a structure on the site such as the pouring of a slab or footings, the installation of piles, or the construction of columns. Permanent construction does not include land preparation, such as clearing, grading, or filling; nor does it include the installation of streets and/or walkways; nor does it include Article 13: DEFINI"PIONS 13-13 CITY OF RHINE[ANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5,07.13.04: Definitions excavation for basement, footings, piers, or foundations; nor does it include the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or part of the main structure. State: The State of Wisconsin. Steep slope: Steep slopes are areas that contain a gradient of 12 percent or greater. Storage standards: See Section 5.07.9.06. Stormwater management structure/facility: Includes in ground detention/retention ponds, basins, swales, ditches, stormwater drains, and similar site features or structures. See Section 5.07.9.02. Story: That portion of a building included between the surface of any floor and the surface of the floor next above; or if there is no floor above, the space between the floor and the ceiling next above. Neither a basement nor a cellar shall be counted as a story. Street: Unless specifically designated otherwise by the City, any public or private way that is dedicated or permanently open to pedestrian and vehicular use. Street, arterial: A public street that serves longer intra-urban trips and traffic traveling through the City, has limited to no direct access for abutting land uses, and has measured or projected traffic volume of over 3,000 vehicles per day; or as otherwise may be designated as an arterial street within the City's Comprehensive Plan or by the City Council. Street, collector: A public street that collects and distributes internal traffic within the City (such as within a residential neighborhood), provides access between local and arterial streets and limited access for abutting land uses, and has a measured or projected traffic volume of between 750 and 3,000 vehicles per day; or as otherwise may be designated as a collector street within the City's Comprehensive Plan or by the City Council. Street side lot line: See "Lot line, street side." Street, local: A street designed to provide access to abutting land uses and leading into a collector or occasionally into an arterial street, but which is not designed to carry through traffic from outside the neighborhood where it is located. Not an arterial street or a collector street. String of lights: Lighting used to enhance or decorate store fronts, displays, or signage and associated only with decoration. Substandard lot: A lot of record that lawfully existed prior to this Chapter that would not conform to the applicable regulations if the lot were to be created under the current provisions of this Chapter. See Section 5.07.11.02. Structure: Anything constructed or erected, the use of which requires a more or less permanent location on the ground, or attached to something having a permanent location on the ground, excepting public utility fixtures and appurtenances. Swale: A linear depression in land running downhill or having a marked change in contour direction in which sheet runoff would collect and form a temporary watercourse. Swimming pool: Either an above ground or in -ground outdoor structure that contains a body of water in a receptacle or other container having a depth for water at any point greater than 18 inches below the adjacent ground or deck elevation; used or intended to be used solely by the owner, operator, or lessee thereof and his family and invitees; and including all structural facilities, appliances, appurtenances, equipment, and other items intended to be used for the operation and maintenance of the swimming pool. Includes hot tubs, spas and any other structure meeting the above definition. For the purposes of the associated regulations in Section 5.07.9.04, a swimming pool does not include any pool that is designed to be readily and/or seasonally disassembled, stored, and reassembled to its original integrity, provided that pool wall height does not exceed 48 inches. Temporary portable storage container (land use): See Section 5.07.4.10. Article 13: DEFINITIONS 13-14 CITY OF RHINI:LANDER ZONING ORDINANCE DRAFT: JANUARY 2020 Section 5.07.13.04: Definitions through Section 5.07.13.04: Definitions Temporary shelter (land use): See Section 5.07.4,10. Temporary vehicle shelter: These structures are typically supported by poles, have a fabric roof and/or sides and are usually used to cover automobiles, boats, or recreational vehicles. See Section 5.07.4.10. Temporary use: A land use that is present on a property for a limited and specified period of time. See Section 5.07.4.10 for temporary uses, and Section 5.07.12.09 for applicable procedures. Terrace area. The land within a public street right-of-way between the street curbing and the sidewalk on the same side of the street. Where no sidewalk exists, the area within six feet from the pavement edge (or within six feet from curb if curb exists) shall be deemed to be a terrace area for the purpose of this Chapter. Total height (for wind turbine): The distance measured from ground level to the blade extended at its highest point. Tourist house (land use): See Section 5.07.4.05. Toxic materials standards: See Section 5.07.9.18. Tower: The monopole or freestanding structure on which a cellular communication device, wind turbine, and accessory equipment are mounted. Townhouse (land use): See Section 5.07.4.02. Turf grass: Grass commonly used in regularly cut lawns or play areas such as, but not limited to, bluegrass, fescue, and ryegrass blends. Two-family residence (land use): See Section 5.07.4.02. Unnecessary hardship: The circumstance where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the Chapter. Urban development: Development that is connected to public sanitary sewer and water services. Use: The purpose or activity for which land or any building thereon is designed, arranged, or intended, or for which it is occupied or maintained. Use, accessory: See Accessory Use. Use, conditional: See Conditional Use. Use, principal: See Principal Use. Variance: Permission to depart from the literal requirements of this Chapter granted pursuant to Section 5.07.12.11. Vibration standards: See Section 5.07.9.12. Violation: See Section 5.07.12.15, City: The City of Rhinelander, Wisconsin. City Council: The City Council of the City of Rhinelander, Wisconsin. Visibility and vision clearance standards: See Section 5.07.9.07(13). Waste materials standards: See Section 5.07.9.19. Well field: A piece of land used primarily for the purpose of locating wells to supply a municipal water system. Wetland: An area where water is at, near, or above the land surface long enough to be capable of supporting aquatic or hydrophytic vegetation and which has soils indicative of wet conditions. Wind turbine: The blades and associated mechanical and electrical conversion components mounted on top of the tower whose purpose is to convert kinetic energy of the wind into rotational energy used to generate electricity. Working days: Monday, Tuesday, Wednesday, Thursday, or Friday; excluding holidays recognized by the City of Rhinelander. Article 13: DEFINITIONS 13-15 CITY OF RHINELANDER ZONING ORDINANCE Section 5.07.13.04: Definitions DRAFT: JANUARY 2020 through Section 5.07.13.04: Definitions Yard: A required open space on a lot that is unoccupied and unobstructed by a structure from its lowest ground level to the sky, except as expressly permitted in this Chapter. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, front: The land area between the side lot lines extending from the front lot line to the nearest part of the nearest principal building. For corner lots and other double frontage lots, the yard on which the property is addressed is the front yard. Yard, interior side: The land area between the front yard and rear yard extending from an interior (non - street) side lot line to the nearest part of the nearest principal building on that lot. Yard, rear: The land area between the side lot lines extending from the rear lot line to the nearest part of the nearest principal building on the lot. For corner lots and other double frontage lots: (1) The yard opposite from the yard on which the property is addressed is the rear yard. (2) No area defined as being within the street side yard in this section is also within the rear yard, except that both street side yard and rear yard setbacks in this chapter shall apply in each such area. Yard, street side: For corner lots, the land area between the front and rear lot line extending from a street side lot line to the nearest part of the nearest principal building on the lot. Zero lot line duplex: A type of duplex building and zero lot line structure containing two separate dwelling units constructed side -by -side, with each unit located on a separate lot, having a private individual exterior access, and no shared internal access within the building, Zero lot line structure: A structure that is built over the property line, where walls separating occupancy units follow lot lines, such as a zero -lot -line duplex or townhouse. Zoning Administrator: The person authorized and charged by the City with the administration of this Chapter. See Section 5.07.12.15. Zoning Board of Appeals: See Section 5.07.12.17. Also commonly referred to as "Board of Zoning Appeals" or "Board of Appeals." Zoning district: A designation for a portion of the community designated for certain types of land uses and/or with certain standards for land development that are different than other portions. Zoning map: See "Official Zoning Map." Article 13: DEFINITIONS 13-16 CITY OF RHINEWJDER ZONING ORDINANCE DRAFT: JANUARY 2020 Appendix A Model Restrictive Covenants Applicable to Zero Lot Line Dwellings Article I. Definitions. For the purpose of this Declaration, the following terms shall have the meaning here ascribed to them. (l) "Dwelling Unit" shall mean and refer to a room or group of rooms providing or intended to provide permanent living quarters for not more than one family. (2) "Lot" shall mean and refer to any portion of land in the properties, upon which a dwelling unit is situated, whether or not the same is a platted lot. (3) "Owner" shall mean and refer to the owner of record of fee simple title to any lot that is a part of Properties, including contract sellers and vendees, but excluding those having such interest merely as security for the performance of an obligation, and excluding those who have a lien upon the property by provision or operation of law. (4) "Properties" shall mean and refer to the real property hereinbefore described. (5) "Zero Lot Line Dwelling" shall mean and refer to a side -by -side attached dwelling where the lot line and common party Ere between the dwelling units are coterminous. Article II. Party Walls. (1) General Rules of Law Apply. Each wall that is built as part of the general construction of any Dwelling Unit upon the Properties and placed on the dividing line between two Dwelling Units shall constitute a party wall and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and of liability for property damage due to negligent or willful acts or omission shall apply thereto. Whenever improvements abut on the common boundary line between adjoining units, there shall be a two hour firewall running from the lowest floor level, including the basement if it is the common wall, to the underside of the roof sheathing. (2) Shares of Repair and Maintenance. The cost of reasonable repair and maintenance of each party wall shall be shared by the Owners who make use of the wall in proportion to the use. (3) Destruction by Fire or Other Casualty. If a party wall is destroyed or damaged by fire or other casualty or by physical deterioration, any Owner who has used the wall may restore it, and shall have an easement over the adjoining Dwelling Unit for the purposes of making such restoration, and if other Owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owner to call for a larger contribution from other Owners under any rule of law regarding liability for negligent or willful acts or omission. (4) Weatherproofing. Notwithstanding any other provision of this Article, any Owner who, by his negligent or willful acts, shall cause any party wall to be exposed to the elements or excessive heat or cold shall bear the whole cost of furnishing the necessary protection against elements or heat or cold, and of repairing the party wall from damages caused by such exposure. (5) Right of Contribution Runs with Land. The right of any Owner to contribution from any other Owner shall be appurtenant to the Lot and shall pass to such Owner's successors in title. (6) Encroachment. If any portions of a Dwelling Unit or any Lot shall actually encroach upon any other Lot within the Properties, or if any such encroachment shall hereafter arise because of settling or shifting of the building or other cause, there shall be deemed to be an easement in favor of the Owner of the encroaching Dwelling Unit to the extent of such encroachment so long as the same shall exist. Appendix A A -1 CITY OF RHINELANDER ZONING ORDINANCE DRAFT: JANUARY 2020 (7) Mechanics' Liens. Each Owner of a Dwelling Unit agrees to indemnify and hold harmless the Owner of an adjoining Dwelling Unit for any mechanics' liens arising from work done or material supplied to make repairs or replacements for which the defaulting owner is responsible. Article III. Other Provisions Governing Relationship Among Owners of Adjoining Dwelling Units. (1) Insurance. Replacement/Construction. Each Owner shall maintain fire and extended coverage insurance on their Dwelling Unit to the full replacement value/ construction cost thereof, and, in the event of damage to or destruction of their Dwelling Unit, shall restore it to the condition in which it was prior to the damage or destruction. (2) Maintenance. Each Owner of a Dwelling Unit shall maintain their Lot and the exterior of their Dwelling Unit in good condition and repair and in a neat and clean condition. (3) Architectural Control. The Owner of a Dwelling Unit may replace exterior components of the Owner's Dwelling Unit with similar components of the same design and color, and may paint the exterior of the Owner's Dwelling Unit with paint of the existing color of the exterior, but the Owner may not, either in the course of ordinary replacement or remodeling or restoration after damage or destruction, employ different siding or roofing material or a different color scheme, without the written consent of the Owner of the adjoining Dwelling Unit. Article IV. General Provisions. (1) Enforcement. The Owner of a Dwelling Unit shall have a right to enforce, by any proceeding at law or in equity, or both, all of the terms and provisions of this Declaration. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, and said proceedings may be either to restrain violation or to recover damages. (2) Arbitration. In the event of any dispute arising concerning the provisions of Articles II and III, the parties shall agree upon a single arbitrator. If the parties are unable to agree on a single arbitrator, each party shall choose one arbitrator and such arbitrators shall choose one additional arbitrator, and the decision of a majority of all the arbitrators shall be final and conclusive of the question involved. If either party refuses or fails to promptly appoint an arbitrator, the same may be appointed by any court of competent jurisdiction. Arbitration shall be in accordance with the rules of the American Arbitration Association. (3) Severability. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. (4) Amendments. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them in perpetuity unless an instrument signed by a majority of the then Owners of the Lots and the City of Rhinelander has been recorded, agreeing to change said covenants in whole or in part. (5) City. Notwithstanding the fact that this Declaration was made a condition of various approvals from the City, the Owners, their assignees, or heirs absolve the City of Rhinelander of any and all liability. Further, the Owners, their assignees, or heirs understand the City is not an enforcing agency of any portion of this document, although it retains the discretion to enforce violations of the covenants set forth herein as violations of the zoning code of the City of Rhinelander. Any other type of relief or remedies sought by any Owner remains a private civil matter between the parties. Appendix A A-2