A.
The development and execution of this article are based upon the
division of the Village of Woodville 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.
B.
The Village Board may, after first referring the matter to the Village
Plan Commission for investigation, public hearing and recommendation,
authorize the location of buildings or uses in any district from which
they are excluded by this chapter, provided that such use is substantially
consistent with the purpose of the zoning district and that such building
shall comply with all other regulations for the district in which
it is proposed to be located. In authorizing the location of such
buildings and uses, the Village Board may establish such conditions
and safeguards as will further and protect the general purpose and
intent of this chapter.
A.
The Village Board hereby authorizes the Village Clerk-Treasurer to
issue a conditional use permit after review, public hearing, and approval
from the Plan Commission and Village Board, 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. In the instance
of the granting of limited conditional use, the Plan Commission and
Village Board in their findings shall further specify the delimiting
reason(s) or factors which resulted in issuing limited rather than
regular conditional use. Such Commission or Board action and the resulting
conditional use permit, when for limited conditional use, shall specify
the period of time for which effective, if specified, the name of
the permittee and the location and legal description of the affected
premises. Prior to the granting of a conditional use, the Village
Board shall make findings based upon the evidence presented that the
standards herein prescribed are being complied with.
B.
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 Plan
Commission and Village Board upon their finding that these are necessary
to fulfill the purpose and intent of this chapter.
C.
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.
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.
An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures and 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 § 525-27 hereinafter. The Plan Commission or Village Board may require such other information as may be necessary to determine and provide for 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.
All requests for conditional uses shall be to the Village Board and Plan Commission, or the Plan Commission or the Village Board 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 § 525-24 above, the Plan Commission, in conjunction with the Village Board, 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.
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 action to the Village Board within
45 days after a matter has been referred to it, after which the Village
Board shall take formal action.
A.
Standards. No application for a conditional use shall be recommended
for approval by the Plan Commission or granted by the Village Board
unless the 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.
(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.
B.
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 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 purpose and objectives
of the zoning district.
C.
Additional considerations. In approving a conditional use permit,
the Village shall also evaluate the effect of the proposed use upon:[2]
(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)
Its compatibility with uses on adjacent land.
(8)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
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 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.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the Village Board 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 § 525-27 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]
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Specified sewage disposal and water supply systems;
(14)
Planting screens;
(15)
Increased parking; or
(16)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
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, sewer and water systems and the proposed
operation/use.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Village Board, after recommendation
from the Plan Commission.
D.
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.
E.
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.
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
Board may extend such permit for a period of 90 days for justifiable
cause, if application is made to the Village Board at least 30 days
before the expiration of said permit.
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 § 525-27 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 § 525-26 above. Any person may appear at such hearing and testify in person or be 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 § 525-27 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 Subsections A and B in § 525-27 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.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential districts[1] pursuant to this article.
B.
Definition. "Bed-and-breakfast establishment" means any place of
lodging that provides four or fewer rooms for rent 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.
C.
State standards. Bed-and-breakfast establishments shall comply with
the standards of Ch. DHS 197, Wis. Adm. Code.
A.
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.
B.
Restrictions on home occupations. Except as provided in Subsection C below, occupations 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 an attached 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 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.
C.
Permitted use exception. A home occupation 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 no sign is erected or maintained regarding the home occupation, no more than one person works on the premises, no customers regularly come to the house, and the business is service-oriented and not engaged in retail trade.
