The development and execution of this article
is based upon the division of the Village of Orfordville 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 Zoning Administrator
to issue a conditional use permit after review, public hearing, and
approval by the Village Board, following an advisory recommendation
from 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. In the instance of the granting
of a 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 Plan 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.
Any development within 500 feet of the existing or
proposed rights-of-way of freeways and 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 its 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 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 § 320-30 hereinafter. The Plan Commission or Village Board may require such other information as may be necessary to determine and provide for the enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, and specifications for areas of proposed filling, grading and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; and plans of buildings, sewage disposal facilities, and water supply systems and arrangements of operations.
[Amended 4-10-2006]
All requests for conditional uses shall be made to the Village Board. All such requests shall be referred to the Plan Commission for review and recommendation. Upon receipt of the application and statement referred to in § 320-27 above, the Plan Commission shall hold a public hearing on each application for a conditional use. The applicant is required to attend all public hearings regarding his/her conditional use permit. 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. The Plan Commission shall then make its recommendations to the Village Board. The Village Board shall then hold a public hearing to receive additional input on such request and to review the recommendation of the Plan Commission and make a determination regarding the conditional use permit.
A.
Hearing notice. Notice of the time, place and purpose
of such hearing shall be given by publication of a Class 2 notice
under the Wisconsin Statutes in a newspaper of general circulation
in the Village. 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.
B.
Plan Commission recommendation. The Plan Commission
shall report its 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.
A.
Standards. No application for a conditional use shall
be recommended for approval by the Plan Commission, or granted by
the Village Board, unless such Commission and Board shall find that
all 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.
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 purposes and objective of the zoning district.
C.
Additional considerations. In addition, in passing
upon a conditional use permit, the Plan Commission and 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.
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 provisions shall apply to all
conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend or 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 § 320-30 above. In all cases in which conditional uses are granted, the Board 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 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.
C.
Alteration of conditional use. No alteration of a
conditional use shall be permitted unless approved by the Village
Board, after a 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 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 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 chapter. 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 § 320-30 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 § 320-29 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 § 320-30 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and Chapter 1, General Provisions, § 1-5. In the event that no reasonable modification of such conditional use can be made in order to assure that Subsections A and B in § 320-30 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.
Conditional use. Bed-and-breakfast establishments
shall be considered conditional uses and may be permitted in residence
districts pursuant to the requirements of this article.
B.
AGENT
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
The person designated by the owner as the person in charge
of such establishment and whose identity shall be filed in writing
with the Zoning Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
Any place of lodging that provides six 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.
Regulations.
(1)
Compliance with state standards. All bed-and-breakfast
establishments and licensees shall be subject to and comply with Ch.
HSS 197, Wis. Adm. Code, relating to bed-and-breakfast establishments
or Ch. HSS 195, Wis. Adm. Code, relating to hotels, motels and tourist
rooming houses.
(2)
Registry. Each bed-and-breakfast establishment shall
provide a register and require all guests to register their true names
and addresses before assigned quarters. The register shall be kept
intact and available for inspection by a Village representative for
a period of not less than one year.
D.
Permit required.
(1)
Village permit required. In addition to the permit
required by Ch. HSS 195 or HSS 197, 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.
(2)
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:
(3)
Display of permit. The permit issued by the Zoning
Administrator shall be conspicuously displayed in the bed-and-breakfast
establishment.
E.
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 this
chapter with respect to traffic, parking and access.
F.
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 not to 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 requirements
of this chapter with respect to signs.
G.
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Village Board, following a recommendation from the Plan Commission, shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection D 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. HSS 195 or HSS 197, Wis. Adm. Code, or as above provided.[1]
[1]
Editor's Note: Original § 13-1-72,
Specific conditional uses, which immediately followed this section,
was repealed 5-10-2004 by Ord. No. O-2004-01.
[Added 2-11-2013]
A.
Purpose and intent. The purpose and intent of this section is as
follows:
(1)
It is the purpose of this section to regulate the location of
sexually oriented businesses in order to promote the health, morals,
safety and general welfare of the citizens of the Village of Orfordville.
(2)
This section has neither the purpose nor effect of imposing
a limitation or restriction on the content or reasonable access to
any communicative materials, including sexually oriented materials,
nor is it the intent of this section to condone or legitimize the
distribution of obscene material.
(3)
Sexually oriented businesses should be segregated from one another
by a minimum distance and should not be in close proximity to churches,
schools, child-care facilities, hospitals, public parks, public playgrounds
and residential areas, because sexually oriented businesses have a
wide variety of secondary effects, including crime, illicit and unsanitary
sexual activity, drug use, negative effects on the use and value of
surrounding property, and urban blight.
(4)
The Village of Orfordville has a substantial governmental interest
in regulating the appropriate location of sexually oriented businesses
and has a substantial interest in preventing the adverse secondary
effects.
B.
ADULT BOOK STORE or ADULT VIDEO STORE
SEXUAL DEVICE SHOP
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental, for any form of consideration,
books, magazines, periodicals or other printed material, or photographs,
films, motion pictures, video cassettes, DVDs, video reproductions,
slides or visual representations which depict or describe specified
sexual activities or specified anatomical areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental, for any form of consideration,
instruments, devices, or paraphernalia which are designed for use
in connection with specified sexual activities.
An adult bookstore, adult video store, or sexual device shop.
Less than completely and opaquely covered human genitals,
pubic region, buttock, and female breast below a point immediately
above the top of the areola; or male genitals in a discernable turgid
state, even if completely and opaquely covered.
The human genitals in a state of sexual stimulation or arousal;
or acts of human masturbation, sexual intercourse, or sodomy; or fondling
or other erotic touching of human genitals, pubic region, buttock,
or female breast.
C.
Zone in which sexually oriented businesses may be located. Sexually
oriented businesses may only be located as a conditional use in the
I-2 General Industrial District.
D.
Prohibited locations of sexually oriented businesses.
(1)
In addition to being a conditional use in the I-2 General Industrial
District, the sexually oriented business shall be permitted only if
it meets the following conditions:
(a)
It is located no closer than 1,000 feet to any church, school,
child-care facility, hospital, public park, public playground, or
property zoned or used as residential; or any other sexually oriented
business;
(b)
It excludes from its premises those persons less than 18 years
of age;
(c)
It displays no signs visible from the exterior, except signs
identifying it as an adult bookstore, adult video store, or sexual
device shop;
(d)
No materials depicting specified sexual activities or sexual
anatomical areas are visible from its exterior; and
(e)
The manager and owners of each business are registered with
the Chief of Police.
E.
Enforcement.
(1)
Any person violating this section, upon conviction, shall be
punished by payment of a forfeiture.
(2)
If the violation is continuous in time, a forfeiture may be
imposed for each day of violation not to exceed $250 for each day.
(3)
A person violating this section will be subject to a suit for
injunction as well as prosecution for forfeitures.
