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Chapter 18. General Zoning Ordinance

Sec. 18-58. Commercial Land Uses

(1) Office: Indoor Offices where the primary function is the handling of information or administrative services. Office uses do not typically provide services directly to customers on a walk-in basis.

Regulations:

(a) Minimum required parking: One space per 350 square feet of gross floor area.

(2) Personal or Professional Service: Indoor service land uses where the primary function is the provision of services directly to an individual on a walk-in or on-appointment basis. Examples of such uses include establishments where customers make an appointment, such as professional services, insurance or financial services, realty offices, small scale walk-in medical offices and clinics, veterinary clinics, barber shops, beauty shops, tattoo parlors, and related land uses including ancillary on site production of items used in the provision of such services. Personal and Professional Services do not include hospitals which are regulated under Large Scale Indoor Institutional.

Regulations:

(a) Minimum required parking: Generally, one space per 350 square feet of gross floor area.

(3) Artisan Studio: A building or portion thereof used for the preparation, display and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items, as either a principal use or accessory use.

(a) Minimum required parking: One space per 350 square feet of gross floor area plus adequate on-site parking is required for all customer and employee vehicles.

(4) Indoor Sales or Service: The sale and/or display of merchandise or equipment or non-personal or non-professional services, entirely within an enclosed building. Includes general merchandise stores, grocery stores, butcher, sporting goods stores, antique stores, gift shops, laundromats, bakeries, pawn shops, payday lenders, and a number of other uses meeting this definition.

Regulations:

(a) Spacing requirements for payday lenders:

1. The payday lender is located at least 1,500 feet from another payday lender; and

2. The payday lender is located at least 150 feet from any single family or two family residential zoning district.

3. Exceptions to the Location Requirement. If a payday lender that is doing business on January 1, 2011, from a location that does not comply with the space requirements in this section, the payday lender may continue to operate from that location.

(b) Minimum required parking: One space per 350 square feet of gross floor area.

(5) Outdoor Display: Land uses where sales and display merchandise or equipment is conducted outside of an enclosed building. Examples include, but are not limited to, outdoor garden centers, outdoor recreation equipment sales, monument sales, lumber, vehicle rental, truck/trailer rental, and manufactured and mobile housing sales. If a land use displays for sale or rent only a limited amount of product outside of an enclosed building, such use may instead be considered incidental to Indoor Sales or Service under Section 18-58(4).

Regulations:

(a) The outdoor display area shall be calculated as the area which would be enclosed by a required physical separation installed and continually maintained in the most efficient manner which completely encloses all materials displayed outdoors.

(b) The facility shall be surrounded by a bufferyard with a minimum opacity of 0.60 along all borders of the display area abutting residentially zoned property.

(c) The display of items shall not be permitted in required setback areas, landscape areas, bufferyards, or permanently protected green space areas unless located in a parking lot.

(d) Inoperable vehicles or equipment, or other items typically stored or displayed in a junkyard or salvage yard, shall not be displayed for this land use.

(e) In no event shall the display of items reduce or inhibit the use or number of parking stalls provided on the property below the requirement established by (i), below. 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.

(f) Display areas shall be separated from any circulation area by a minimum of 10 feet. This separation shall be clearly delimited by a physical separation such as a greenway, curb, fence, or line of planters, or by a clearly marked paved area.

(g) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on‑site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(h) Outdoor Display shall be permitted during the entire calendar year, however, if goods are removed from the display area all support fixtures used to display the goods shall be removed within 10 calendar days of the goods' removal.

(i) Minimum required parking: One space per 1,000 square feet of gross floor area.

(6) Indoor Commercial Entertainment: Land uses which provide entertainment services entirely within an enclosed building. Such activities often have operating hours that extend significantly later than most other commercial land uses. Examples of such land uses include, but are not limited to, restaurants, taverns, theaters, health or fitness centers, training studios (dance, art, martial arts, etc.), bowling alleys, arcades, roller rinks, and pool halls.

Regulations:

(a) New customer entrances shall be located as far as possible from residentially zoned property.

(b) Facility shall provide bufferyard with minimum opacity of 0.60 along all borders of the property abutting residentially zoned property.

(c) Minimum required parking: One space per every 300 feet of gross floor area.

(7) Outdoor Commercial Entertainment: Land uses which 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 of such land uses include outdoor eating and drinking areas, outdoor food vendors and related seating used longer than 30 days, outdoor assembly areas, volleyball courts, horse shoes, and outdoor swimming pools associated with a lodging facility.

Regulations:

(a) New customer entrances shall be located as far as possible from residentially zoned property.

(b) Facility shall provide bufferyard with minimum opacity of 0.20 along all borders of the property abutting residentially zoned property.

(c) Minimum parking for food vendor trailers is one space per 20 square feet of gross floor area of the trailer.

(d) Outdoor Commercial Entertainment activities proposed in a public right of way or on City owned property must receive Common Council approval for such use, in addition to any required conditional use permit.

(e) Minimum required parking: One space for every 3 persons at the maximum capacity of the establishment.

(8) Intensive Outdoor Recreation: Recreational land uses, that require intensive lighting and generate regional traffic and noise beyond property lines and require intensive lighting. Such land uses include, but are not limited to, race tracks, stadiums, fair grounds, batting cages, driving ranges, outdoor commercial swimming pools, miniature golf facilities, amusement parks, drive-in theaters, water parks, and similar land uses.

Regulations:

(a) Facilities using night lighting and abutting a residentially zoned property shall install and continually maintain a bufferyard with a minimum opacity of 1.0. Said bufferyard shall be located at the property line abutting said residentially zoned property.

(b) Facilities which serve a regional or community-wide function shall provide an off-street passenger loading area if the majority of the users will be children.

(c) All activity areas shall have a minimum setback of 100 feet from any residentially zoned property.

(d) Minimum required parking: One space per 4 expected patrons at maximum capacity.

(9) In-Vehicle Sales or Service: Land uses where sales and/or services are conducted to persons in vehicles, or to vehicles which may or may not be occupied at the time of such activity (except vehicle repair and maintenance services). Such land uses often have traffic volumes which exhibit their highest levels concurrent with peak traffic flows on adjacent roads. Examples of such land uses include, but are not limited to, drive-in facilities, drive-through facilities, fuel stations, and car washes.

Regulations:

(a) If outdoor seating is available, clearly marked pedestrian crosswalks shall be provided for each walk-in customer access to the facility adjacent to the drive-through lane(s).

(b) The drive-through facility shall be designed so as to not impede or impair vehicular and pedestrian traffic movement, or exacerbate the potential for pedestrian/vehicular conflicts.

(c) In no instance shall a drive-through facility be permitted to operate which endangers the public safety, even if such land use has been permitted under the provisions of this section.

(d) The setback of the outer edge of any overhead canopy or similar structure shall be a minimum of 10 feet from all street rights-of-way lines, a minimum of 20 feet from all residentially-zoned property lines, and shall be a minimum of 5 feet from all other property lines. The total height of any overhead canopy or similar structure shall not exceed 25 feet per the measurement of roof height.

(e) Facility shall provide a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property.

(f) Interior curbs shall be used to separate driving areas from exterior fixtures such as fuel pumps, vacuums, menu boards, canopy supports, and landscaped islands. Said curbs shall be a minimum of 6 inches high and shall be of a non-mountable design.

(g) Each drive-up lane shall have a minimum stacking length of 100 feet behind the pass through window and 40 feet beyond the pass through window. This requirement may be adjusted by the Plan Commission through the conditional use process.

(h) Minimum required parking: Refer to the parking requirements of the other land use activities on the site, such as indoor sales and service land uses for a gas station/convenience store, or office land uses for a bank.

(10) Bed and Breakfast: Bed and Breakfasts are places of lodging that provide rooms for rent for more than 10 nights during a 12-month period, are the owner's personal residence, and are occupied by the owner at the time of rental.

Regulations:

(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.40 along all property borders abutting residentially zoned property.

(b) The dwelling unit in which the Bed and Breakfast takes place shall be the principal residence of the operator/owner and said operator/owner shall live on the premises when the Bed and Breakfast operation is active.

(c) Each operator shall keep a list of names of all persons staying at the Bed and Breakfast operation. This list shall be kept on file for a period of one year. Such list shall be available for inspection by City officials at any time.

(d) The maximum stay for any occupants of Bed and Breakfast operations shall be 14 consecutive days.

(e) Minimum required parking: One space per each bedroom in addition to requirements for principal residents.

(11) Commercial Indoor Lodging: Facilities where overnight housing in individual rooms or suites of rooms is provided, with each room or suite having a private bathroom. Such land uses may provide in-room or in-suite kitchens and may also provide indoor recreational facilities for the exclusive use of their customers. Restaurant, lounge, fitness centers, and other on-site facilities available to non-lodgers are considered ancillary uses and therefore do not require review as a separate land use.

Regulations:

(a) New customer entrances shall be located as far as possible from residentially zoned property.

(b) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property.

(c) Minimum required parking: One space per bedroom, plus one space for each employee on the largest work shift. Additional parking for other on-site uses may be required.

(12) Boarding House: Boarding Houses include any residential use with shared bathroom, living, and/or kitchen facilities.

Regulations:

(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property.

(b) Minimum required parking: One space per each bedroom for rent.

(13) Tourist House: A dwelling unit available for overnight, weekend or weekly stays by paying guests, which may or may not be owner-occupied for parts of the year. These uses are often referred to as vacation rentals and include timeshare units. Where such units are available for lease for periods of time longer than 30 consecutive days, such uses shall not be considered Tourist Houses, but shall instead be considered Single Family dwellings, separately described and regulated under this Chapter. Also not included within this land use category are: Bed and Breakfast, Commercial Indoor Lodging, or Boarding House.

Regulations:

(a) Occupancy shall be limited to 2 persons per bedroom, plus an additional 2 persons. At no time may the number of guests exceed 8 regardless of the number bedrooms in the dwelling unit.

(b) The maximum stay for any party other than the owner of the premises shall be 30 consecutive days.

(c) The number of guest vehicles allowed on site is limited to the number of bedrooms in the unit. On-street parking is prohibited. No recreational vehicle or tent may be used for living or sleeping purposes.

(d) The appearance or use of the dwelling 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 the emission of sounds, odors, dust or vibrations that carry beyond the premises.

(e) The availability of the Tourist House to the public shall not be advertised on site.

(f) Minimum required off-street parking: One space per each bedroom.

(14) Campground: Campgrounds include any facilities designed for overnight accommodation of persons in tents, travel trailers, or other mobile or portable shelters or recreational vehicles.

Regulations:

(a) Campgrounds shall be surrounded by a bufferyard with a minimum opacity of 0.70 along all property borders abutting residentially zoned property.

(b) Minimum required parking: One and one-half (1.5) spaces per campsite.

(15) Group Daycare Center (9+ Children): Facilities where qualified persons provide childcare services for 9 or more children. Such land uses may be operated on a for-profit or a not-for-profit basis. Such land uses may be operated in conjunction with another principal land use on the same environs, such as a church, school, business, or civic organization. In such instances, group day care centers are considered an accessory use and require review as a separate land use.

Regulations:

(a) Group Daycare Centers shall not be located within a residential building.

(b) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all property borders abutting residentially zoned property (see Article VIII).

(c) The property owner's permission and signature is required as part of the conditional use permit application.

(d) Minimum required parking: One space per 5 students, plus one space for each employee on the largest work shift.

(16) Animal Boarding: Facilities where short-term and/or long-term animal boarding is provided, including commercial kennels, commercial stables, and animal shelters. Exercise yards, fields, training areas, and trails associated with such land uses are considered accessory to and do not require separate consideration.

Regulations:

(a) Facility shall provide appropriate separation from animal containment areas to residentially zoned property.

(b) Each animal shall be provided with an indoor containment area.

(c) The minimum permitted size of horse or similar animal stall shall be 100 square feet.

(d) Minimum required parking: One space per every 1,000 square feet of gross floor area.

(17) Indoor Maintenance Service: Facilities where maintenance service is provided, including repair, and operations (except loading) are located entirely within an enclosed building. This shall not include Vehicle Sales, Vehicle Service, or Vehicle Repair land uses.

Regulations:

(a) Minimum required parking: One space per 350 square feet of gross floor area.

(18) Outdoor Maintenance Service: Facilities where maintenance service is provided, including repair, and where all or any portion of the operation is located outside of an enclosed building. This shall not include Vehicle Sales, Vehicle Service, or Vehicle Repair land uses.

Regulations:

(a) All outdoor activity areas shall be completely enclosed by a minimum 6 feet high fence. Such enclosure shall be located a minimum of 50 feet from any residentially zoned property and shall be screened from such property by a bufferyard with a minimum opacity of 0.60.

(b) Outdoor storage of unlicensed or inoperable vehicles is prohibited outside fenced areas.

(c) Minimum required parking: One space per 350 square feet of gross floor area, or one space per each employee on the largest shift, whichever is less.

(19) Vehicle Sales: The sale and display of vehicles for sale or rent outside of an enclosed building. Such land uses also include an ancillary repair shop associated with the vehicle display lot and sales building.

Regulations:

(a) The outdoor vehicle sales area shall be clearly depicted on the site plan.

(b) The display of vehicles shall not be permitted in permanently protected green space areas, required landscaped areas, or required bufferyards.

(c) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all borders of the display area abutting residentially zoned property.

(d) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on‑site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(e) Inoperable vehicles or equipment or other items typically stored or displayed in a junkyard or salvage yard shall not be displayed.

(f) Minimum required parking: One space per 350 square feet of gross floor area.

(20) Vehicle Service: Facilities where vehicle service is provided entirely within an enclosed building, such as an oil change shop. This shall not include Vehicle Sales or Vehicle Repair.

Regulations:

(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all borders of the display area abutting residentially zoned property.

(b) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on‑site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(c) Inoperable vehicles or equipment or other items typically stored or displayed in a junkyard or salvage yard shall not be displayed.

(d) Minimum required parking: One space per 350 square feet of gross floor area.

(21) Vehicle Repair: Facilities where vehicle repair is provided entirely within an enclosed building including unlicensed or inoperable vehicles used for spare parts. This shall not include Vehicle Sales or Vehicle Service.

Regulations:

(a) Facility shall be surrounded by a bufferyard with a minimum opacity of 0.50 along all borders of the display area abutting residentially zoned property.

(b) Signs, screening, enclosures, landscaping, or materials being displayed shall not interfere in any manner with either on‑site or off-site traffic visibility, including potential vehicle/vehicle and vehicle/pedestrian conflicts.

(c) Outdoor storage of unlicensed or inoperable vehicles is prohibited outside fenced areas.

(d) Minimum required parking: One space per 350 square feet of gross floor area.

(22) Sexually-Oriented Land Uses: Any facility oriented to the display of sexually-oriented materials such as videos, movies, photos, books, or magazines; or actual persons displaying and/or touching sexually specified areas; including the provision of body piercing or tattooing services to "sexually specified areas." For the purpose of this Chapter, "sexually specified areas" includes any of the following: genitals, anal area, female areola or nipple. "Sexually-oriented material" includes any media which displays sexually specified area(s). Establishments which sell or rent sexually-oriented materials shall not be considered sexually-oriented if the area devoted to sale of said materials is less than 5 percent of the sales area devoted to non-sexually-oriented materials and if such materials are placed in generic covers or otherwise obscured areas.

NOTE: The incorporation of this Subsection into this Chapter is designed to reflect the Common Council's official finding that sexually-oriented commercial uses have a predominant tendency to produce certain undesirable secondary effects on the surrounding community, as has been demonstrated in other, similar jurisdictions. Specifically, the Common Council is concerned with the potential for such uses to limit: the attractiveness of nearby locations for new development, the ability to attract and/or retain customers, and the ability to market and sell nearby properties at a level consistent with similar properties not located near such facilities. It is explicitly not the intent of this Subsection to suppress free expression by unreasonably limiting alternative avenues of communication, but rather to balance the need to protect free expression opportunities with the need to implement the City's Comprehensive Plan and protect the character and integrity of its commercial and residential neighborhoods.

Regulations:

(a) Facilities shall be located a minimum of 1,000 feet from any commercially zoned property or residentially zoned property; and shall be located a minimum of 1,000 feet from any school, church, or outdoor recreational facility.

(b) Exterior building appearance and signage shall be designed to ensure that the use does not detract from the ability of businesses in the vicinity to attract customers, nor affect the marketability of properties in the vicinity for sale at their assessed values.

(c) Minimum required parking: One space per 350 square feet of gross floor area, or one space per person at the maximum capacity of the establishment, whichever is greater.