The development and execution of this article is based upon
the division of the Village 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 Planning Commission is authorized to review and approve conditional
use permits.
B.
The Planning Commission may authorize the Zoning Administrator 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 Zoning Code 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 a limited conditional
use, the Planning Commission in its findings shall further specify
the delimiting reason(s) or factors which resulted in issuing limited
rather than regular conditional use. Such Planning Commission resolution,
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
Commission shall make findings based upon the evidence presented that
the standards herein prescribed are being complied with.
C.
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 Planning Commission shall request such review and await the
highway agency's recommendation for a period not to exceed 20 days
before taking final action.
D.
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 Planning
Commission upon its finding that these are necessary to fulfill the
purpose and intent of this chapter.
E.
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 in the zoning
district in which such land is located.
Required application materials. An application for a conditional
use shall be filed in duplicate on a form prescribed by the Village.
Such applications shall be forwarded to the Planning Commission on
receipt by the Zoning Administrator. Such applications shall include
the following, with the exception of any items the Zoning Administrator
deems not to be applicable:
A.
A statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 575-44 hereinafter.
B.
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all property owners of record
within 100 feet.
C.
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
proposed operation or use of the structure or site; number of employees
and the zoning district within which the subject site lies.
D.
Plat of survey prepared by a land surveyor registered in Wisconsin
or other map drawn to scale and approved by the Zoning Administrator,
showing the location, property boundaries, dimensions, uses, and size
of the following:
(1)
Subject site; existing and proposed structures; existing and proposed
easements, streets, walkways and other public ways; off-street parking,
loading areas and driveways; existing highway access restrictions;
existing and proposed street, side and rear yards; existing vegetation
and proposed landscaping; and areas subject to inundation by floodwaters.
(2)
In areas subject to inundation by floodwaters, the plat of survey
shall also include first floor elevations, utility elevations, historic
and probable future floodwater elevations, depth of inundation, floodproofing
measures, and plans for proposed structures giving dimensions and
elevations pertinent to the determination of the hydraulic capacity
of the structures or its effects on flood flows. Where floodproofing
is required, the applicant shall submit a plan or document certified
by a registered professional engineering or architect, that the floodproofing
measures are adequate to withstand the flood forces and velocities
associated with the one-hundred-year recurrence interval flood. Prior
to the issuance of an occupancy permit, the applicant shall also submit
a certification by the registered professional engineer that the finished
floodproofing measures were accomplished in compliance with the provisions
of this chapter.
(3)
In addition, the plat of survey shall show the location, elevation,
and use of any abutting lands and their structures within 40 feet
of the subject site, contours, soil types, high-water mark, groundwater
conditions, bedrock, slope and existing vegetation cover, mean and
historic high-water lines, on or within 40 feet of the subject premises..
E.
Plans for buildings, sewage disposal facilities, water supply systems,
and plan of operations.
F.
Specifications for areas of proposed filling, grading, lagooning,
or dredging.
G.
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter as required by the Village
Board, Village Planning Commission, Village Engineer or Planner.
H.
Receipt showing payment of the appropriate fee as indicated on the
Village Board approved fee schedule. Costs incurred by the Village
in retaining legal, planning, engineering, and other technical and
professional advice in connection with the review of conditional use
applications and the preparation of conditions to be imposed on such
uses shall be charged to the applicant.
Requests for all conditional use permits are heard by the Planning Commission. Upon receipt of a complete application and statement as described in § 575-41, the Planning Commission shall hold a public hearing at such time and place as shall be established by such 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 Planning Commission shall, by rule, prescribe from time to time. The Planning Commission is authorized to approve, deny or conditionally approve applications for conditional use permits, through application of the standards described in § 575-44 below. Any decision of the Planning Commission may be appealed through the procedure described in § 575-46.
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 2 notice under the Wisconsin Statues
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 Planning Commission,
and the owners of record as listed in the office of the Village Assessor
for all property in whole or in part situated within 100 feet of the
boundaries of the properties affected. Said notice is to be sent at
least five days prior to the date of such public hearing. Failure
to comply with this provision shall not, however, invalidate any previous
or subsequent action on the application.
A.
No application
for a conditional use shall be approved by the Planning Commission
or granted by the Village Board on appeal unless such Commission or
Board shall find that 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 that 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 conform to all applicable regulations of the district in which it is located, as stated in § 575-39E.
(7)
That the proposed use does not violate floodplain regulations governing
the site.
(8)
That, when applying the above standards to any new construction of
a building or an addition to an existing building, the Planning Commission
and 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.
B.
The Planning Commission and 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.
C.
If an applicant for a conditional use permit meets or agrees to meet
all of the requirements and conditions specified in the Village ordinance
or imposed by the Village Planning Commission, the Village shall grant
the conditional use permit.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
When a decision of denial of a conditional use application is
made, the Planning Commission shall furnish the applicant, in writing,
when so requested, those standards that are not met and enumerate
reasons the Commission has used in determining that each standard
was not met.
Any action of the Planning Commission in granting or denying
a conditional use permit may be appealed to the Village Board, if
a written request for an appeal is filed within 10 days after the
date of the Planning Commission's action in granting or denying the
permit. Such request for appeal shall be signed by the applicant or
by the owners of at least 20% of the land area immediately adjacent
extending 100 feet therefrom or by the owners of 20% or more of the
land directly opposite thereto extending 100 feet from the street
frontage of such opposite land. The request shall be filed with the
Zoning Administrator, who shall submit it to the Village Board at
its next meeting, together with any documents and other data used
by the Planning Commission in reaching its decision. The Village Board
may consider the matter forthwith, refer the matter to a subsequent
meeting or set a date for a public hearing thereon. In the event the
Village Board elects to hold a public hearing, notice thereof shall
be given by mail to the known owners of the lands immediately adjacent
thereto and directly opposite any street frontage of the lot or parcel
in question and by publication of a Class 1 notice in the official
newspaper at least 10 days before the date of the hearing. The Village
Board may either affirm or reverse in whole or in part the action
of the Planning Commission and may finally grant or deny the application
for any conditional use permit which has come before the Village Board
on appeal.
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Planning Commission, or the Village Board 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 § 575-44 above. Conditions imposed must be related to the purpose of the ordinance and be based on substantial evidence and must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer or renewal. In all cases in which conditional uses are granted, the granting authority 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 the following, without limitation because of specific enumeration:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 Planning 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.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Planning Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Planning Commission 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
which are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided which 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.
Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter such as lot
width and area, yards, height parking and loading. No conditional
use permit shall be granted where the proposed use is deemed to be
inconsistent or conflicting with neighboring uses for reasons of smoke,
dust, odors, noise, vibration, lighting, health hazards or possibility
of accident.
Where the Planning Commission has approved or conditionally
approved an application for a conditional use, such approval shall
become null and void within 12 months of the date of the Commission's
action unless the use is commenced, construction is underway or the
current owner possesses a valid building permit under which construction
is to be commenced within six months of the date of issuance. 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 Planning Commission 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.
The Planning Commission 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, official, or whenever such matters have been referred by the Village Board, the Planning Commission 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 § 575-44 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 § 575-42 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Planning Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 575-44 or conditions previously imposed by the Planning Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to forfeiture as set forth in this chapter and § 1-4. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 575-44A and B will be met, the Planning Commission may revoke the subject conditional use 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 Planning Commission shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor. An appeal from a decision of the Planning Commission under this section may be taken to the Village Board.
The following public and semipublic uses shall be conditional
uses and may be permitted as specified:
A.
Airports, airstrips, and landing fields in the M-1 and M-2 industrial
districts and A-1 general agricultural/holding district, provided
that the site is not less than 20 acres.
B.
Utilities in all districts, provided that principal buildings of
sewage disposal plants, municipal incinerators, warehouses, and shops
are not less than 50 feet from any residential district lot line.
[Amended 5-16-2019 by Ord. No. 2019-04]
The following uses shall be conditional in residential districts
and may be permitted as specified:
A.
Housing for the elderly in the RM-1 and RM-2 multiple-family residential
districts, provided that elderly housing densities shall not exceed
22 units per net acre.
B.
Community living arrangements which have a capacity for nine or more
persons in the RS-1, RS-2, RS-3, RD-1, RD-2 and RD-3 residential districts.
Community living arrangements which have a capacity for 16 persons
or more in the RM-1 and RM-2 residential districts.
C.
Photographic studios in all residential districts.
D.
Model homes and accessory sales offices within the model home in
all residential districts.
E.
Commercial greenhouses.
F.
Bed-and-breakfast establishment, subject to the following:
(1)
Regulations.
(a)
Compliance with state standards. All bed-and-breakfast establishments
and licensees shall be subject to and comply with Ch. ATCP 73, relating
to bed-and-breakfast establishments or Ch. ATCP 72, Wis. Adm. Code,
relating to hotels, motels and tourist rooming houses.
(b)
Registry. Each bed-and-breakfast establishment shall provide
a register and require all guests to register their true names and
addresses before assigning quarters. The register shall be kept intact
and available for inspection by a Village representative for a period
of not less than one year.
(2)
Permit required.
(a)
Village permit required. In addition to the permit required
by Ch. ATCP 72 or ATCP 73, Wis. Adm. Code, before opening for business
every bed-and-breakfast establishment shall obtain a permit from the
Zoning Administrator by application made upon a form furnished by
said officer and shall obtain a conditional use permit.
(b)
Application requirements. The following is required to be furnished
at the time an application is filed for a conditional use permit in
addition to the other application requirements of this article:
(c)
Registration of agent. The identity of the person designated
by the owner to be in charge of such establishment shall be filed,
in writing, with the Zoning Administrator upon issuance of the permit
and updated five days prior to taking charge. The Zoning Administrator
shall be notified, in writing, five days prior to any change of registered
agent.
(d)
Display of permit. The permit issued by the Zoning Administrator
shall be conspicuously displayed in the bed-and-breakfast establishment.
(3)
Off-street parking required. Permits shall be issued only to those
establishments that provide a minimum of one improved off-street parking
space for each room offered for occupancy. Establishments otherwise
qualifying under this section regulating bed-and-breakfast establishments
shall not be subject to the other requirements of the Zoning Code
with respect to traffic, parking and access.
(4)
On-site signs. Total signage shall be limited to a total of 12 square
feet and may be lighted in such manner and nature as to not alter
or deteriorate the nature of the surrounding neighborhood. Establishments
otherwise qualifying under this section regulating bed-and-breakfast
establishments shall not be subject to the other requirements of this
Zoning Code with respect to signs.
(5)
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Planning Commission shall review, approve, and conditionally approve, or deny an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection F above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section, or of State of Wisconsin regulations as set forth in Ch. ATCP 72 or ATCP 73, Wis. Adm. Code, or as above provided.
The following restrictions apply to conditional uses as stated, where such uses are allowed under § 575-26.[1] These restrictions shall be observed in addition to any
other conditions placed by the Planning Commission during the conditional
use approval process.
A.
All animal services, including the boarding of animals, shall be
conducted indoors in business and manufacturing districts. In the
Agricultural District, no structure or animal enclosure shall be located
closer than 100 feet to a property boundary.
B.
Fireworks and fertilizer sales shall be located a minimum of 500
feet from any residence, school or church.
[Amended 3-15-2022 by Ord. No. 2022-2]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
A.
Mineral extraction operations are conditional uses, including crushed
and broken stone quarrying; clay, ceramic and refractor minerals mining;
sand and gravel quarrying; nonmetallic mining except fuels; processing
of topsoil; and washing, refining or processing of rock, slate, gravel,
sand and minerals.
B.
The application for a conditional use permit shall be made to the
Planning Commission by the property owner or long-term lessee, either
of whom shall be directly responsible in the extracting or removal
of the mineral, gravel, sand, rock, slate or topsoil. Applications
shall be accompanied by the following:
(1)
A receipt showing payment of the appropriate fee as indicated on
the Village Board approved fee schedule for one year of operation;
a plat of survey of the proposed site and an adequate description
of the operational methods; a list of equipment, machinery and structures
to be used; the source, quantity and disposition of water to be used;
a topographic map of the site showing existing contours with a minimum
vertical of five feet; trees; proposed and existing access roads;
the depth of all existing and proposed excavations; and a restoration
plan.
(2)
The restoration plan provided by the applicant shall contain proposed
contours after filling or restoration, depth of the restored topsoil,
type of fill, planting or reforestation, restoration commencement
and completion dates. The applicant shall furnish the necessary fees
to provide for the Village's inspection and administration costs.
The applicant and/or owner of the land from which the mineral, gravel,
sand, rock, slate, or topsoil is being removed or extracted shall
furnish the necessary sureties, which will enable the Village to perform
the planned restoration of the site in the event of default by the
applicant. The amount of sureties shall be based upon cost estimates
prepared by the Village Engineer, and the form and type of such sureties
shall be approved by the Village Board.
The following recreational uses shall be conditional uses in
the P-1 Park District and may be permitted as specified: drive-in
movies, archery ranges, golf courses with country club/restaurant
facilities, golf driving ranges, group or organized camps, miniature
golf, penny arcades.
Conditional uses permitted in the C-1 Conservancy District.
The following are conditional uses in the C-1 District and may be
permitted as specified. The Planning Commission shall transmit a copy
of each application for a conditional use in the shoreland portion
of the C-1 Conservancy District to the Wisconsin Department of Natural
Resources (DNR) at least 10 days prior to the public hearing. Action
on the application shall not be taken for 30 days or until the DNR
has made its recommendation, whichever comes first. A copy of all
shoreland C-1 Conservancy District conditional use permits shall be
transmitted to the DNR within 10 days of the effective date of such
decision.
A.
The Construction of streets which are necessary for the continuity
of the Village street system, necessary for the provision of essential
utility and public safety services, or necessary to provide access
to permitted open space uses in the C-1 District, provided that:
(1)
The street cannot, as a practical matter, be located outside a wetland;
and
(2)
The street is designed and constructed to minimize the adverse impact
upon the natural functions of the wetland and meets the following
standards:
(a)
The street shall be designed and constructed for the minimum
cross section practical to serve the intended use;
(b)
Street construction activities are to be carried out in the
immediate area of the roadbed only; and
(c)
Any filling, flooding, draining, dredging, ditching, tiling
or excavating that is to be done must be necessary for the construction
or maintenance of the street.
B.
The establishment and development of public and private parks and
recreation areas, public boat access sites, natural and outdoor education
areas, historic and scientific areas, wildlife refuges, game preserves
and private habitat areas in the C-1 District, provided that:
(1)
Any private recreation or wildlife habitat area must be used exclusively
for that purpose;
(2)
No filling is to be done; and
(3)
Ditching, excavating, dredging, dike and dam construction may be
done in wildlife refuges, game preserves, and private wildlife habitat
areas, but only for the purpose of improving wildlife habitat or to
otherwise enhance wetland values.
C.
The construction and maintenance of electric, gas, telephone, water,
and sewer transmission and distribution lines, and related facilities
in the C-1 District by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light,
power, or water to members, provided that:
(1)
The transmission and distribution lines and related facilities cannot
as a practical matter be located outside a wetland; and
(2)
Any filling, excavating, ditching, or draining that is to be done
must be necessary for such construction or maintenance, and must be
done in a matter designed to minimize flooding and other adverse impacts
upon the natural functions of the wetlands.
D.
The construction and maintenance of railroad lines in the C-1 District,
provided that:
(1)
The railroad lines cannot as a practical matter be located outside
a wetland; and
(2)
Any filling, excavating, ditching, or draining that is to be done
must be necessary for such construction or maintenance, and must be
done in a manner designed to minimize flooding and other adverse impacts
upon the natural functions of the wetlands.
