The development and execution of this article is based upon
the division of the Village of Clyman 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.
A.
The Village Board hereby authorizes the Building Inspector to issue
a conditional use permit after review and public hearing, 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 Village Board in its findings shall further specify the delimiting
reason(s) or factors which resulted in issuing limited rather than
regular conditional use. Such Village 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, 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.
Any development within 500 feet of the existing or proposed rights-of-way
of freeways, 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 Board shall request such review and await the highway
agency's recommendation for a period not to exceed 20 days before
taking final action.
C.
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 their finding that these are necessary to fulfill the purpose
and intent of this chapter.
D.
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 article in the zoning district in which such land is located.
A.
Any person, firm, corporation or organization having a freehold interest
or a possessory interest entitled to exclusive possession, or a contractual
interest that 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 article
in the zoning district in which such land is located.
B.
Application for conditional use. 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 structure, 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 § 440-29 hereinafter. The Plan Commission and/or Village Board 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.
C.
All requests for conditional uses shall be to the Zoning Administrator
or the Plan Commission can on its own motion grant conditional uses
when applications for rezoning come before it. To be considered at
the monthly Planning/Zoning Commission meeting, all applications for
conditional use permits must be received no later than 10 days prior
to the Planning/Zoning Commission meeting. 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, 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 such Commission. The hearing
shall be conducted within 30 days of receipt of application and a
record of the proceedings shall be preserved in such manner and according
to such procedures as the Plan Commission shall, by rule, prescribe
from time to time.
All requests for conditional uses shall be to the Village Board or the Village Board can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in § 440-26 above, 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 Village Board. 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 Village Board 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 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.
A.
Standards. No application for a conditional use shall be granted
by the Village Board unless the Village Board shall find all of the
following conditions are present:
(1)
That 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)
That 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)
That 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)
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
(5)
That 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)
That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
(7)
That the proposed use does not violate floodplain regulations governing
the site.
(8)
That 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 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.
C.
Additional considerations. In addition, in passing upon a conditional
use permit, the Village Board 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.
Whenever a decision of denial of a conditional use application
is made by the Village Board, the Board shall furnish the applicant,
in writing when so requested, those standards that are not met and
enumerate reasons the 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 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 § 440-29 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;
(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)
Type of shore cover;
(14)
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.
B.
Site review. In making its decision, the Village Board shall evaluate
each application and may request assistance from any source which
can provide technical assistance. The Village Board 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.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Village Board.
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.
F.
Reimbursement of costs. Any costs incurred or to be incurred by the
Planning Commission or Village Board in considering the application
for conditional use shall be paid by the applicant on demand.
G.
Application fee. An application fee of $100 is due at the time the
application is filed with the Zoning Administrator. A fee of $300
will be charged for any special meeting that is required. A "special
meeting" is defined as a meeting not regularly scheduled but scheduled
at the request of the applicant.
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 § 440-29 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 § 440-28 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 § 440-29 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 standards in § 440-29A(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 therefore.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residence districts 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 of 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 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.
(12)
Only one nonresident employee may be employed on site by the
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.
