A.
Within the village. The Plan Commission, after review and a public
hearing, may authorize the Zoning Inspector to issue a conditional
use permit for conditional uses, provided that such conditional use
and structures are in accordance with the purpose and intent of this
chapter and are found to be not hazardous, harmful, offensive, or
otherwise adverse to the environment or the value of the neighborhood
or the community.
B.
Within the extraterritorial zoning jurisdiction. The Joint Committee,
after review and a public hearing, shall as soon as practical render
its recommendation to the Village Board. After receiving the recommendation
of the Joint Committee thereon, the Village Board shall consider such
recommendation and vote on the proposed conditional use. Subject to
the limitation set forth below, the Village Board may accept or reject
the recommendation of the Joint Committee by a simple majority of
the Village Board. In recognition of the Joint Committee's expertise
with respect to the Extraterritorial Zoning Jurisdiction, as well
as the public benefits of joint land use planning afforded by this
chapter, the Village Board agrees to and shall not grant a conditional
use permit in the Extraterritorial Zoning Jurisdiction unless the
proposed conditional use receives a favorable vote of the majority
of the six members of the Joint Committee. Such decision shall include
an accurate description of the use permitted, of the property on which
permitted, and any and all conditions made applicable thereto. A decision
to approve the conditional use permit shall affirm that such conditional
use and structures are in accordance with the purpose and intent of
this chapter and are found to be not hazardous, harmful, offensive,
or otherwise adverse to the environment or the value of the neighborhood
or the community.
Applications for conditional use permits shall be made in duplicate
to the Zoning Inspector, on forms furnished by the Zoning Inspector,
and shall include the following:
A.
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor, and all opposite and abutting property
owners of record.
B.
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.
Additional information as may be required by the Plan Commission
or Joint Committee, Village Engineer, Zoning Administrator and Building
Inspector.
A.
Reviewing body and approval authority. The Plan Commission shall be the Reviewing Body and Approval Authority for applications within the Village. For applications within the Extraterritorial Zoning Jurisdiction the Joint Committee shall be the Reviewing Body and the Village Board shall be the Approval Authority, as described in § 365-92. The Reviewing Body shall 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. The Reviewing Body shall hold a public hearing on the proposed conditional use. The Reviewing Body will consider substantial evidence of possible negative impacts on surrounding uses and property caused by lighting, sound, vibration, heat, glare, odor, stormwater runoff quantity or quality, traffic, outdoor storage, hazardous materials, pest control, hours of operation or aesthetic appearance, as compared to uses that are permitted by right in that district, and will propose conditions to mitigate those negative impacts. The recommendation of the Reviewing Body and the decision of the Approval Authority shall include an accurate description of the use permitted, of the property on which permitted, and findings that support the decision to approve the permit. If the Approval Authority finds that it is not possible to mitigate the negative impacts of the proposed use within the available site, or the applicant has indicated that they are not willing to comply with the proposed conditions, the Approval Authority will document those findings and deny the conditional use permit.
B.
Highway agencies. Any development within 500 feet of the existing
or proposed rights-of-way of freeways, expressways, and interstate
and controlled access trafficways and within 1,500 feet 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 trafficway.
The Plan Commission or Village Board shall request such review and
await the highway agency's recommendations for a period not to exceed
60 days before taking final action.
C.
Conditions. Conditions such as landscaping, lighting, screening,
fencing, architectural design, type of construction, construction
commencement and completion dates, sureties, operational control,
hours of operation, improved traffic circulation, deed restrictions,
highway access restrictions, increased yards, or parking requirements
may be required by the Plan Commission or Joint Committee upon its
finding that these are necessary to fulfill the purpose and intent
of this chapter.
D.
Compliance. 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. Variances shall only be granted as provided in Article XXV.
E.
Mapping and recording. When a conditional grant is approved, indication
of such grant shall be made on the appropriate Zoning Map by code
number or symbol.
F.
No conditional use permit shall be granted in the A-P district unless
the Plan Commission (or Joint Committee if within the Extraterritorial
Zoning Jurisdiction) finds that the use authorized thereby meets the
following additional criteria:
(1)
The use and its location in the farmland preservation zoning
district are consistent with the purposes of the A-P zoning district.
(2)
The use and its location in the A-P district are reasonable
and appropriate, considering alternative locations, or are specifically
approved under state or federal law. For nonmetallic mineral extraction
operations, alternative locations outside of the A-P district must
be considered.
(3)
The use is reasonably designed to minimize the conversion of
land, at and around the site of the use, from agricultural use or
open space use.
(4)
The use does not substantially impair or limit the current or
future agricultural use of surrounding parcels of land that are zoned
for or legally restricted to agricultural use.
(5)
Construction damage to land remaining in agricultural use is
minimized and repaired, to the extent feasible.
A.
Development near freeways. Any development within 500 feet of the
existing or proposed rights-of-way of freeways, expressways, interstates,
and controlled-access trafficways and within 1,500 feet of their existing
or proposed interchange or turning lane rights-of-way shall require
a conditional use permit, which may be granted where the development
will not impede future highway and access needs and will not present
an unreasonably unfavorable appearance as viewed from that transportation
facility. In no case will the Plan Commission approve buildings closer
than 100 feet to these rights-of-way.
B.
Junkyards. Where permitted under the Matrix of Uses,[1] Attachment 365b, any use including the wrecking, junking,
demolition and scrapping of materials shall be surrounded by a solid
fence or evergreen planting screen completely preventing a view from
any other property or public rights-of-way.
[1]
Editor's Note: Matrix of Uses is included as an attachment at the end of this chapter.
C.
Nonmetallic mineral extraction. Where permitted under the Matrix of Uses, Attachment 365b, each Non Metallic Mineral Extraction use shall meet the following criteria:
(1)
Shall be surrounded by a solid fence or evergreen planting screen
completely preventing a view from any residentially zoned property
or public rights-of-way.
(2)
If within the extraterritorial zoning jurisdiction, shall be
limited such that only one non-metallic mineral extraction operation
of more than 24 months or more than 15 acres is allowed to operate
in the Town of Prairie du Sac at any one time. This limit does not
include sand extracted on a farm if put to agricultural use on the
farm or on some other farm.
(3)
The extraction site and any associated buildings minimize use
of Group I through II soils.
(4)
All buildings, structures, and activity areas shall be located
a minimum of 300 feet from all lot lines.
(5)
Rock quarry operations shall be set back at least 1,320 feet
from residences on parcels not in the same ownership.
(6)
Shall receive reclamation plan approval from the county prior
to the effective date of conditional use permit approval, and shall
comply with all county, state and federal regulations including but
not limited to the following:
(a)
Subchapter 1 of Chapter 295, Wisconsin Statutes, and administrative rules promulgated under that subchapter.
(b)
All Sauk County nonmetallic mining reclamation requirements.
(c)
Restoration when extraction is completed, to any applicable
requirements of the Wisconsin Department of Transportation, and to
an agricultural use if in the A-P zoning district per Section 91.46(6)(f),
Wisconsin Statutes.
(7)
Prior to commencement or expansion of operations, a surety bond,
in an amount equivalent to 110% of the costs determined to be associated
with said restoration (as determined by a third party selected by
the Village), or other security approved by the Village Attorney,
shall be filed with the Village by the applicant (subject to approval
by the Zoning Administrator), and shall be held by the Village for
the purpose of ensuring that the site is restored to its proposed
condition.
D.
Outdoor storage. Where permitted under the Matrix of Uses, outdoor storage land uses are a commercial use primarily oriented to the receiving, holding, shipping and storing of materials for a single business or a single group of businesses. Examples of this land use include contractors' storage yards, equipment yards, including yards for storage of construction equipment being rented or leased to construction contractors and primarily delivered to lessees off-site, lumber yards, coal yards, landscaping materials yard, construction materials yards, shipping materials yards, and storage of rental equipment. Such land uses do not include the storage of inoperative vehicles or equipment, or other materials typically associated with a junkyard or salvage yard. Outdoor storage uses shall meet the following criteria:
(1)
All outdoor storage areas shall be completely enclosed by any
permitted combination of buildings, structures, walls, fencing and
landscaping. Such walls, fencing and landscaping shall be a minimum
of eight feet in height and 100% opaque in all seasons.
(2)
Where outdoor storage abuts residentially zoned or public park
property, or the Wisconsin River, any walls or fences shall be at
least 50% obscured by landscaping plantings.
(3)
All outdoor storage areas shall be located no closer to a residentially
zoned property than the required minimum setback for buildings on
the subject property.
(4)
The storage of items shall not be permitted in permanently protected
green space areas.
(5)
The storage of items shall not be permitted in required street
yards.
(6)
In no event shall the storage of items reduce or inhibit the
use or number of parking stalls provided on the property below the
requirement established by the provisions of this chapter. If the
number of provided parking stalls on the property is already less
than the requirement, such storage area shall not further reduce the
number of parking stalls already present.
(7)
Inoperative vehicles or equipment, or other items typically
stored in a junkyard or salvage yard, shall not be stored under the
provisions of this land use.
