Village of Baldwin, WI Conditional Uses

The development and execution of this chapter is based upon the division of the Village of Baldwin into districts, within which districts the use of land and buildings and bulk and location of buildings and structures in relation to the land are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

§ 635-28 Authority of Plan Commission and Village Board; requirements.

The Village Board hereby authorizes the Zoning Administrator or Village Clerk-Treasurer to issue a conditional use permit after review, public hearing, and approval from the Village Board, after consideration of the recommendation of the Plan Commission, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. The conditional use permit shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the Village Board and Plan Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Any development within 500 feet of the existing or proposed rights-of-way of freeways or expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way; the Village shall request such review.

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses.

Appeals of actions of the Zoning Board of Appeals on conditional use permits are to the Village Board.

§ 635-29 Initiation of conditional use.

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which such land is located.

§ 635-30 Application for conditional use.

An application for a conditional use shall be filed on a form prescribed by the Village along with the fee prescribed by the Village Fee Schedule. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 635-33 hereinafter. The Village Board or Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

§ 635-31 Hearing on application.

All requests for conditional uses shall be applied for with the Village Clerk-Treasurer or the Village Board or Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board on its own motion from referring the request for conditional use to the Plan Commission.

Upon receipt of the application and statement referred to in § 635-30 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.

§ 635-32 Notice of hearing on application; determination.

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 Notice under the Wisconsin Statutes in the official Village newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Village Board and Plan Commission, and the owners of record as listed in the office of the Village Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing.

The Plan Commission shall report its advisory recommendation to the Village Board within 45 days after a matter has been referred to it, after which the Village Board shall take formal action.

§ 635-33 Standards for conditional uses.

Standards. No application for a conditional use shall be granted by the Village Board or be recommended by the Plan Commission unless the Village Board or Plan Commission shall find that all of the following conditions are present:

(1)

The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

The proposed use does not violate floodplain regulations governing the site.

(8)

Adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.

Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the Village Board and/or Plan Commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

Additional considerations. In addition, in passing upon a conditional use permit, the Village Board and Plan Commission shall also evaluate the effect of the proposed use upon:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution, including sedimentation.

(3)

Existing topographic and drainage features and vegetative cover on the site.

(4)

The location of the site with respect to floodplains and floodways of rivers and streams.

(5)

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(6)

The location of the site with respect to existing or future access roads.

(7)

The need of the proposed use for a shoreland location.

(8)

Its compatibility with uses on adjacent land.

(9)

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

§ 635-34 Denial of application for conditional use permit; appeals.

Reasons for denial. When an advisory recommendation of denial of a conditional use application is made by the Plan Commission or an actual denial by the Village Board, the Plan Commission and/or Village Board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission and/or Board has used in determining that each standard was not met.

Appeals.

(1)

Applications. Appeals of conditional use matters shall be heard by the Zoning Board of Appeals and may be made by any person aggrieved or by an officer, department, board or bureau of the community affected by any order, requirement, decision or determination of the Village Board. Such conditional use appeals shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the Clerk-Treasurer a notice of appeal specifying the reasons therefor. The Zoning Administrator or other official from whom the appeal is taken shall transmit to the Zoning Board of Appeals all the papers constituting the record on which the appeal action was taken.

(2)

Public hearings. Before making a decision on a conditional use appeal, the Zoning Board of Appeals shall, within a reasonable period of time, hold a public hearing. The Zoning Board of Appeals shall give public notice of the hearing by publishing a Class 2 notice under Ch. 985, Wis. Stats., specifying the date, time and place of the hearing and the matters to come before the Zoning Board of Appeals. At the public hearing, any party may appear in person, by agent or by attorney and present testimony.

(3)

Decisions. The final disposition of an appeal regarding a conditional use permit to the Zoning Board of Appeals shall be in the form of a written decision, made within a reasonable time after the public hearing. Such decision shall state the specific facts which are the basis of the Board's determination and shall either affirm, reverse or modify the order, requirement, decision or determination appealed, in whole or in part, or grant the application for a conditional use.

§ 635-35 Conditions and guarantees.

The following conditions shall apply to all conditional uses:

Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the Village Board (or the Zoning Board of Appeals on appeal) may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 635-33 above. In all cases in which conditional uses are granted, the Village shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:

(1)

Landscaping;

(2)

Type of construction;

(3)

Construction commencement and completion dates;

Sureties;

Lighting;

Fencing;

Operational control;

Hours of operation;

Traffic circulation;

Deed restrictions;

Access restrictions;

Setbacks and yards;

Type of shore cover;

Specified sewage disposal and water supply systems;

(15)

Planting screens;

(16)

Piers and docks;

(17)

Increased parking; or

(18)

Any other requirements necessary to fulfill the purpose and intent of this chapter.

Site review. In making its recommendation, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.

Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Village Board, upon the recommendation of the Plan Commission.

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Village Board may require the use of certain general types of exterior construction materials and/or architectural treatment.

Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

§ 635-36 Validity of conditional use permit.

Where a conditional use application has been approved or conditionally approved, such approval shall become null and void within 24 months of the date of the approval unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Village Board may extend such permit for a period of 90 days for justifiable cause, if application is made to the Village at least 30 days before the expiration of said permit.

§ 635-37 Complaints regarding conditional uses.

The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 635-33 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 635-32 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 635-33 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that § 635-33A(1) and (2) will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.

§ 635-38 Bed-and-breakfast establishments.

As conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to this article.

Definition. "Bed-and-breakfast establishment" means any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

State standards. Bed-and-breakfast establishments shall comply with the standards of Ch. DHS 197, Wis. Adm. Code.

§ 635-39 Home occupations and professional home offices.

Intent. The intent of this section is to provide a means to accommodate a small family home-based business or professional home office as a conditional use without the necessity of a rezone into a commercial district. Approval of an expansion of a limited-family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

Restrictions on home occupations. Except as provided in Subsection C below, home occupations and professional home offices are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or a garage.

(2)

There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.

(3)

No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

(4)

No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

(5)

Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall comply with district sign regulations.

(6)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(7)

The Village Board may determine the percentage of the property that may be devoted to the occupation, but it shall not exceed 30%.

(8)

The home occupation is restricted to a service-oriented business; the manufacturing of items or products or the retail sale of items or products on the premises is prohibited.

(9)

The types and number of equipment or machinery may be restricted by the Village Board.

(10)

Sale or transfer of the property shall cause the conditional use permit to be null and void.

(11)

Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

(12)

No more than one nonresident employee may work on the premises.

(13)

No activity associated with the home occupation may occur outside on the premises prior to 8:00 a.m. or after 8:00 p.m.

Permitted use exception. A home occupation or professional home office under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of Subsection B above are complied with, and:

(1)

No sign is erected or maintained regarding the home occupation;

(2)

No more than one person works on the premises;

(3)

No customers regularly come to the house ("regularly" defined as averaging more than three customers/clients per week coming to the home occupation premises); and

(4)

The business is service-oriented and not engaged in retail trade.

§ 635-40 Additional uses permitted with conditional use permits.

The following uses, as well as those designated with districts as such, shall be permitted in certain districts only after securing conditional use permits therefor, following approval by the Village Board:

Automobile parking lots and parking structures for providing required off-street parking spaces for uses within 500 feet therefrom.

Keeping of one unoccupied mobile home in a designated portion of the rear yard of a dwelling lot in the R-4 District.

Mortuaries in C-1, C-1-H and C-2 Districts.

The extension of a use into a district where otherwise prohibited when the use is on a lot in two or more districts.

Moving a nonconforming use to another lot in a district where it would be a conforming use.