§ 100-157. Permitted and conditional uses of business districts.

P = Permitted Use, C = Conditional Use, Blank = Not Allowed CE = Conditional Use for Uses Existing as of November 24, 2011
	B-1	BFD-1/2	B-2	B-3	B-4	B-5
Residential Uses
General Residential
Single-family dwelling(1)	C	P
Two-family dwelling
Multifamily dwelling
Live-work unit		P
Mobile home
Second-floor dwelling units in mixed use buildings		P
Watchman/service quarters
Group Residential
Adult family home
Convent, rectory, or monastery
Dormitory
Fraternity or sorority
Rooming house
Foster Homes
Family foster home
Group home or group foster home
Small foster home
Shelter Care Facilities
Community living arrangement
Family shelter care facility
Large group shelter care facility
Small group shelter care facility
Educational Uses (2)
Day care center	P	C	P	P	P	P
Family day care home	P		P			P
Community-Serving Uses (2)
Cemetery or other place of interment	C		C	C	C	C
Community center	C		C	C	C	C
Correctional facility	C		C	C	C	C
Cultural institution	C	P	C	C	C	C
Library	C	P	C	C	C	C
Public safety facility	C	P	C	C	C	C
Religious Assembly (such as churches, synagogues, etc.)	C	C	C	C	C	C
Commercial and Office Uses (2)
Artist studio	C	P	P	P	P	P
Bank or other financial institution	P	P	P	P	P	P
Broadcast or recording studio	P	P	P	P	P	P
Currency exchange, payday loan agency, or title loan agency	P	P	P	P	P	P
Garden supply or landscaping center	C	C	C	P	P	P
Office, general	P	P	P	P	P	P
Office, government	C	C	C	C	C	C
Outdoor merchandise sales	C		C	C	C	C
Retail establishment, adult(3)			C	C	C	C
Retail establishment, general(4) (with gross area of the space occupied by said establishment up to 20,000 square feet)	P	P	P	P	P	P
Retail establishment, general(4) (with gross area of the space occupied by said establishment 20,000 square feet and above)			P	P	P	P
Lumber yard			P	P
Home improvement center			P	P	P
Secondhand store	C		C	C	C	C
Health Care and Social Assistance Uses (2)
Emergency residential shelter	C		C
Health clinic (including dental, chiropractic, etc.)	C	C	C	C	C	C
Hospital					C	C
Medical office (including dental, chiropractic, etc.)	C	C	C	C	C	C
Medical research laboratory					C	C
Medical service facility (retail sales)	C		C	C	C	C
Nursing home				C
Social service facility	C	C	C	C	C	C
Service Uses
General Service Uses (2)
Building maintenance service	C	C	C	C	C	C
Business service	P	P	P	P	P	P
Catering service	C	C	C	P	P	P
Dry cleaning establishment	P	C	P	P	P	P
Funeral home	C	C	P	P	P	P
Furniture and appliance rental and leasing	P	P	P	P	P	P
Household maintenance and repair service	P	C	P	P	P	P
Laundromat	P	C	P	P	P	P
Personal service	P	P	P	P	P	P
Tool/equipment rental facility (inside only)	C	C	P	P	C	C
Tool/equipment rental facility (any outside display or storage)	C	C	C	C	C	C
Animal Services
Animal boarding facility			C	C	C	C
Animal grooming or training facility			C	C	C	C
Animal hospital/clinic			C	C	C	C
Motor Vehicle Uses
Light Motor Vehicle
Body shop			C	C	C	C
Wholesale facility				C		C
Outdoor storage of vehicles, in conjunction with another use			C	C	C	C
Rental facility			C	C		C
Repair facility			C	C		C
Sales facility, new light vehicle and accessory used vehicle sales, along with a body shop, car wash and other uses accessory to new and used vehicle sales			C	C	C	C
Sales facility, used vehicle sales only			C	C
Heavy Motor Vehicle
Body shop						C
Outdoor storage of vehicles, in conjunction with another use				C		C
Rental facility				C		C
Repair facility						C
Sales facility; new heavy vehicle and accessory used sales						C
General Motor Vehicle
Car wash, free standing	C		C	C		C
Drive-through facility, with a permitted or conditional use	C		C	C	C	C
Fuel filling station, including accessory car wash	C	CE	C	C	C	C
Electrical charging station, accessory	P	P	P	P	P	P
Electrical charging station, stand alone			C	C	C	C
Parking/Heavy Motor Vehicle
Heavy motor vehicle parking lot, accessory use				C		C
Heavy motor vehicle parking lot, principal use				C		C
Parking/Light Motor Vehicle
Parking lot, accessory use	P	P	P	P	P	P
Municipal parking lot, principal use	C	C	C	C	C	C
Parking structure, accessory use	C	C	C	P	P	P
Parking structure, principal use			C	P	P	P
Recreational Vehicle
On-road recreational vehicle sales facility, new and used, along with other uses accessory to on-road recreational vehicle sales			C	C	C	C
Off-road recreational vehicle sales facility, new and used			C	C		C
Water craft recreational vehicle sales facility, new and used			C	C		C
Recreational vehicle, rental facility			C	C		C
Recreational vehicle, repair facility			C	C		C
Accommodation and Food Service Uses (2)
Assembly hall			C	C	C	C
Bed and breakfast	P	P
Hotel	C	C	P	P	P	P
Restaurant, fast-food/carry-out	P		P	P	P	P
Restaurant, sit-down	P	P	P	P	P	P
Tavern	C	C	C	C	C	C
Entertainment and Recreation Uses
Clubs and lodges	C	C	C	C	C	C
Convention and exposition center				C	P	P
Entertainment establishment, adult
Gaming facility					C	C
Health club			P	P	P	P
Marina	C		C	C	C	C
Outdoor racing facility						C
Park or playground	P		P	P	P	P
Sports facility, indoor, with seating and property over 2 acres			C	C	C	C
Sports facility, outdoor. With seating and property over 2 acres			C	C	C	C
Test track with vehicle sales of light motor vehicles, on-road recreational vehicles or off-road recreational vehicles				C	C	C
Theater, indoor		C	C	P	P	P
Storage, Recycling, and Wholesale Trade Uses (2)
Material reclamation facility
Mixed-waste processing facility
Recycling collection facility
Salvage operation, indoor
Salvage operation, outdoor
Wholesale and distribution facility, indoor
Wholesale and distribution facility, outdoor
Storage Facilities
Hazardous materials
Indoor, mini-warehouse			C	C
Indoor, other than mini-warehouse (coldstorage)
Outdoor
Transportation Uses
Airport
Ambulance service				C		C
Ground transportation service				C		C
Helicopter landing facility					C	C
Railroad switching, classification yard, or freight terminal
Ship terminal or docking facility
Truck freight terminal
Industrial Uses (2)
Contractor's shop	C		C	C
Contractor's yard			C	C
Manufacturing, heavy
Manufacturing, intense
Manufacturing, light						C
Processing or recycling of mined materials
Research and development	C	C	C	C	C	C
Utility and Public Service Uses
Power generation plant
Sewage treatment plant
Substation/distribution equipment, indoor			C	C	C	C
Substation/distribution equipment, outdoor			C	C	C	C
Water treatment plant
Temporary Uses
Concrete batch plant, temporary
Live entertainment special event		C
Seasonal market		P
Temporary real estate sales office

 

Notes to Permitted and Conditional Uses:

(1)

Single-family dwelling in B-1 must conform to R-3 standards.

(2)

Any drive-thru or drive-up service requires a conditional use permit.

(3)

"Adult retail establishment" means an establishment in which ten percent or more of the gross public floor area is devoted to, or ten percent or more of the stock-in-trade consists of the following: books, magazines and other periodicals, movies, videotapes, compact discs, digital versatile discs, novelty items, games, greeting card and other materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities.

(4)

"Retail establishment, general" means an establishment providing retail sale of new products to the public and rendering services incidental to the sale of such products, including, but not limited to, sales of: art supplies and picture frames, art works, auto parts, baked goods, bicycles, books, newspapers and magazines, collectibles, dry goods, notions and novelties, flowers and plants, food and beverages, furniture and floor coverings, hardware, hobbies, toys and games, household goods, jewelry, luggage, major appliances, music, records, compact discs and tapes, paint and wallpaper, pets, pharmaceutical products, photo equipment and processing, sewing apparatus, sporting goods, stationery, tobacco products and wearing apparel. This term includes, but is not limited to, a grocery store, specialty food store, antique store, liquor store, butcher shop, delicatessen, portrait studio, furniture or appliance rental establishment or video rental or sales business. This term does not include an adult bookstore.

Ambulance service. A privately owned facility for the dispatch, storage and maintenance of emergency medical care vehicles.

Car wash. An establishment providing washing, waxing or cleaning of light motor vehicles, including access and queuing lanes. See section 100-403(m) for queuing requirements.

Drive-through facility. An establishment that provides service directly to a driver or passengers in a vehicle, either through a window of the establishment or outside the establishment to a parked vehicle; such as at a restaurant, bank, pharmacy or grocery store.

Electrical charging station, accessory. An establishment that provides service to recharge light motor vehicles powered or partially powered by a battery or batteries. The service provided shall be accessory to a permitted use or an approved conditional use, and shall be limited to a maximum of eight charging locations per property. Any electrical charging station shall obtain site plan approval from the plan commission and shall be located to encourage use but not reduce the amount of required parking spaces or inhibit vehicular and pedestrian traffic flow.

Ground transportation service. An establishment providing the storage, maintenance or dispatching of:

1.

Public passenger vehicles.

2.

Vehicles licensed or otherwise regulated as human service vehicles by the State of Wisconsin and used for the transportation of elderly or handicapped persons.

3.

School buses, as described in Wisconsin Statutes.

Fuel filling station for heavy motor vehicle. An establishment providing retail sale of fuel for heavy motor vehicles, but not heavy motor vehicle maintenance or repair work on the premises. This term includes accessory retail sales, commonly referred to as a convenience store. A fast food restaurant is allowed with a separate conditional use if so allowed within the zoning district.

Fuel filling station for light motor vehicle. An establishment providing retail sale of fuel for light motor vehicles, but not light motor vehicle maintenance or repair work on the premises. This term includes accessory retail sales, commonly referred to as a convenience store. A fast food restaurant is allowed with a separate conditional use if so allowed within the zoning district.

Heavy motor vehicle. A vehicle that is either duly registered and licensed or capable of being registered in the State of Wisconsin, used to transport passengers or property to further a commercial enterprise. For the purpose of this definition, a vehicle meeting any one of the following criteria shall be a heavy motor vehicle:

1.

Any vehicle greater than 8,500 pounds gross vehicle weight.

2.

Any vehicle rated by a manufacturer with a load capacity of more than one ton.

3.

Any vehicle registered for hire or as commercial in the State of Wisconsin.

4.

Any vehicle capable of carrying more than 12 passengers.

5.

Any vehicle 21 feet or longer in length.

6.

Any vehicle more than eight feet in height, with properly inflated tires, measured from the ground to the highest part of the vehicle including any racks but excluding any antennas.

Heavy motor vehicle body shop. An establishment providing for the repair or rebuilding of heavy motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building. Such facility shall be located on a minimum five acre property, or located on a minimum ten acre property when multiple heavy motor vehicle use categories are provided on the same property. The parking of heavy motor vehicles to be repaired shall be located in the rear yard and behind the repair building and shall be enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Heavy motor vehicle parking lot, principal use. Surface parking spaces for heavy motor vehicles, along with adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of such vehicles is the principal use of the premises. This term includes both commercial parking operations and private surface parking lots, but does not include parking lots that are used exclusively for the parking of light motor vehicles. An on-site restroom shall be provided. The heavy motor vehicles shall be enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Heavy motor vehicle outdoor storage. The outdoor storage of operable heavy motor vehicles for more than 48 hours. This term does not include a material reclamation facility or outdoor salvage operation. Such facility shall be located on a minimum five acre property, or located on a minimum ten acre property when multiple heavy motor vehicle use categories are provided on the same property. The storage of heavy motor vehicles shall be screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Heavy motor vehicle rental facility. An establishment where contracts are prepared or reservations accepted for the rental or leasing of heavy motor vehicles. This term includes accessory storage of vehicles, but does not include on-premises maintenance of vehicles or a tool/equipment rental facility except if approval is granted for other use categories on the same property. On-site light maintenance can occur to facilitate rental such as washing and cleaning of the vehicle exterior and interior including replacement of safety equipment such as light bulbs, batteries and flat tires. Such facility shall be located on a minimum five acre property, or located on a minimum ten acre property when multiple heavy motor vehicle use categories are provided on the same property. The conditional use may allow the on-site refueling of the rental vehicles. The parking of heavy motor vehicles for rental shall be located in the rear yard and behind the repair building and shall be enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Heavy motor vehicle repair facility. An establishment providing for the repair or servicing of heavy motor vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to, the repair or servicing of batteries, tires, mufflers, brakes, shocks, transmissions, engines or upholstery. Receiving a conditional use permit for a heavy motor vehicle repair facility shall not permit the business to engage in vehicle dismantling or salvage, tire retreading or recapping, or body work and painting. A heavy motor vehicle repair facility shall be located on a minimum five acre property, or located on a minimum ten acre property when multiple heavy motor vehicle use categories are provided on the same property. The parking of heavy motor vehicles to be repaired shall be located in the rear yard and behind the repair building and shall be enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Heavy motor vehicle sales facility. An establishment providing retail sale of heavy motor vehicles, including incidental storage and maintenance. Such facility shall be located on a minimum five acre property, or located on a minimum ten acre property when multiple heavy motor vehicle use categories are provided on the same property. The heavy motor vehicles parked in the rear yard or behind the sales office building shall be enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Light motor vehicle. An automobile, truck, motorcycle or other trackless, self-propelled vehicle designed primarily to transport persons or property over public streets and highways, no greater than 8,500 pounds gross vehicle weight.

Light motor vehicle body shop. An establishment for providing the repair or rebuilding of light motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building.

Light motor vehicle outdoor storage. The outdoor storage of operable light motor vehicles for more than 48 hours in conjunction with another permitted use or conditional use. Receiving a conditional use permit for light motor vehicle outdoor storage shall not permit the business to engage in a material reclamation facility, or outdoor salvage operation. A light motor vehicle outdoor storage facility shall be located on a minimum ten acre property, with storage of vehicles enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Light motor vehicle rental facility. An establishment where contracts are prepared or reservations accepted for the rental or leasing of light motor vehicles. This term includes incidental storage of vehicles, but does not include on-premises maintenance of vehicles or a tool/equipment rental facility; except that on-site light maintenance can occur to facilitate rental such as washing and cleaning of the vehicle exterior and interior including replacement of safety equipment such as light bulbs, batteries and flat tires. The conditional use may, at the discretion of the plan commission, allow the on-site refueling of rental vehicles. A light motor vehicle rental facility shall be located on a minimum ten acre property, with storage of vehicles enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Light motor vehicle repair facility. An establishment providing for the repair or servicing of light motor vehicles, including the sale, installation and servicing of related equipment and parts. All repair or servicing shall be performed within an enclosed building. The work to be permitted under this conditional use shall include, but is not limited to, the repair or servicing of batteries, tires, mufflers, wheels, brakes, shocks, transmissions, engines and upholstery. Receiving a light motor vehicle repair facility conditional use permit shall not permit vehicle dismantling or salvage, tire retreading or recapping, or body work and painting.

Light motor vehicle sales facility, new and accessory used. An establishment providing wholesale and retail sale of light motor vehicles, including incidental storage and incidental maintenance. This term does not include solely a light motor vehicle wholesale facility. A new and accessory used light motor vehicle sales facility may be combined with a light motor vehicle repair facility if both uses are allowed within the specific zoning district. The sale of used light motor vehicles shall only be allowed as an accessory use to new light motor vehicle sales with all light motor vehicles available for sale on a property to include at least 20 percent new light motor vehicles.

Light motor vehicle sales facility, used. An establishment providing only retail sale of used light motor vehicles, including incidental storage and incidental maintenance. Incidental maintenance shall be limited to such tasks as exterior and interior washing and cleaning of the vehicle and replacement of safety equipment such as light bulbs, batteries and flat tires.

Light motor vehicle wholesale facility. An office for wholesale trade of light motor vehicles sold and stored on the premises. Such facility shall be located on a minimum 10 acre property, with storage of vehicles enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Municipal parking lot, principal use. Surface parking spaces for five or more light motor vehicles, and adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of motor vehicles is the principal use of the premises, owned by the Village of Mukwonago. This term includes parking structures and surface parking lots, but does not include the parking of heavy motor vehicles.

Outdoor racing facility. An establishment engaged in operation a track for racing, including, but not limited to, the racing of motor vehicles, dogs or horses.

Park or playground. A public, noncommercial park, playground or open space.

Parking lot, accessory use. Surface parking spaces for five or more light motor vehicles, adjacent access drives and aisles, where the parking spaces are not located in a structure and the parking of motor vehicles is not the principal use of the premises. This term does not include commercial parking operations, which shall be considered a principal use, or the parking of heavy motor vehicles.

Parking structure, accessory use. Parking spaces and adjacent access drives, aisles and ramps that are located in a structure with two or more levels, where the parking structure is not the principal use of the premises. This term does not include commercial parking operations, which are a principal use. This term does not include private one-story garages for single-family, two-family or multifamily dwellings or parking spaces that are integrated into a larger structure that houses the principal use of the premises.

Parking structure, principal use. Parking spaces and adjacent access drives, aisles and ramps that are located in a structure with two or more levels, where the parking structure is the principal use of the premises. This term includes commercial parking operations as well as private parking structures. This term does not include private one-story garages for single-family, two-family or multifamily structures. An on-site restroom shall be provided.

Passenger terminal. A facility for passenger transportation operations, including, but not limited to, a passenger rail station, bus terminal or passenger ship terminal. This term does not include an airport or heliport. Such facility shall be located on a minimum five acre property, with storage of vehicles used for passenger transportation enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Recreational vehicle, off-road. A vehicle designed to travel on unpaved roads, tracks, beaches or rough terrain rather than on a public road, street and highway, such as a snow mobile, all-terrain vehicle (ATV), off-road motorcycle or similar vehicle used for recreational purposes. The sale of used off-road recreational vehicles shall only be allowed as an accessory use to new off-road recreational vehicle sales with all off-road recreational vehicles available for sale on a property to include at least 20 percent new off-road recreational vehicles.

Recreational vehicle, on-road. A vehicle licensed and able to be moved at-will by internal motorization or towed by another light motor vehicle or heavy motor vehicle on a public road, street and highway; such as a motor home, converted van or bus, pick-up with pop-up camper, travel trailer, camping trailer, tent-trailer or similar vehicle used for travel, vacation or recreational purposes. The sale of used on-road recreational vehicles shall only be allowed as an accessory use to new on-road recreational vehicle sales with all on-road recreational vehicles available for sale on a property to include at least 20 percent new on-road recreational vehicles.

Recreational vehicle, water craft. A floating motorized or non-motorized vehicle designed for recreation use on bodies of water, such as a boat, sail boat, personal water craft, pontoon boat or canoe. An establishment may sell new water craft, or new and used water craft, but not only used water craft and accessories. The sale of water craft may include the sale of new and used outboard motors and boat trailers.

Recreational vehicle rental facility. An establishment where contracts are prepared or reservations accepted for the rental or leasing of recreational vehicles; off-road, on-road or water craft, or all or any combination of the three categories of recreational vehicle. This term includes incidental storage of vehicles, but does not include on-premises maintenance of recreational vehicles or a tool/equipment rental facility; except that light maintenance can occur to facilitate rental such as washing and cleaning of the vehicle exterior and interior replacement of safety equipment. Such facility shall be located on a minimum three acre property, with storage of recreational vehicles enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board.

Recreational vehicle repair facility. An establishment providing the repair of servicing of off-road, on-road or water craft recreational vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. Such facility for on-road recreational vehicle repair shall be located on a minimum five acre property. A recreational vehicle repair facility for solely off-road or water craft recreational repair shall be located on a minimum three acre property. Storage of recreational vehicles shall be enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommended by the plan commission and approved by the village board. A recreational vehicle repair facility may be incorporated with a recreational vehicle sales facility if meeting the minimum property size.

Test track facility. An establishment with a course designed to test the capability and compatibility of a light motor vehicle, on-road recreational vehicle or off-road recreational vehicle in its normal use environment by a customer contemplating purchase of the product, including training in the proper use of the product. Such facility shall be located on a minimum five acre property enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the berms, trees and other landscaping as approved by the plan commission. The plan commission may reduce the minimum property size to three acres for testing of smaller vehicles. Hours of use [of] the test track shall be limited to 8:00 a.m. to 6:00 p.m., Monday through Saturday, with no testing on Sundays or holidays.

Truck freight terminal. A facility for truck-based freight service and operations, including, but not limited to, local pickup, local sorting and terminal operations, line-haul loading and unloading, destination sorting and terminal operations and local delivery. Such facility shall be located on a minimum ten acre property, with parking of heavy motor vehicles enclosed by a fence a minimum of eight feet in height and screened from view of neighboring properties with the use of berms, trees and other landscaping, as recommend by the plan commission and approved by the village board.

(Ord. No. 698, § VII, 1-21-03; Ord. No. 842, § I, 4-19-11; Ord. No. 853, §§ II (App. A), III(App. B), 11-15-11; Ord. No. 886, § I(App. A), 10-21-14)