[Amended 7-1-2019 by Ord. No. 19-16; 7-20-2020 by Ord. No. 20-26]
A conditional use, as defined by this chapter,
is a flexible device designed to address situations where a particular
use, although not permitted as a matter of right, is not inherently
inconsistent with the use classification of a particular district.
These uses could create special problems or hazards or impede the
realization of the Village zoning objectives if allowed to develop
and locate as a matter of right in a particular district and therefore
are in need of special consideration. Often the effects of these uses
on the surrounding environment cannot be foreseen until a specific
site has been proposed. The nature, character or circumstances of
these uses are so unique or so dependent upon specific conditions
that predetermination of permissibility by right or the detailing
in this chapter of all of the specific standards, regulations or conditions
necessary or appropriate to such permissibility is not practical,
it being recognized that the Village is faced with practical difficulties
in defining with precision in advance the conditions under which a
conditional use permit may be granted. Those conditional uses hereinafter
designated in this chapter as such are deemed to have one or more
of the following characteristics when located within certain districts:
A.
Hazardous, dangerous or harmful to adjoining or nearby
parcels, waters, air or the environment;
B.
Noxious, offensive, a nuisance or otherwise adverse
to the adjoining or nearby parcels, waters, air or the environment;
or
C.
Inconsistent with or otherwise adverse to the adjoining
or nearby land or water uses in the absence of certain conditions.
[Amended 7-20-2020 by Ord. No. 20-26]
It is the intent of the Village Board that the designated conditional uses may be allowed with the Plan Commission's approval within the areas designated by this chapter in accordance with § 420-145G of this chapter and only when the conditions imposed thereon are met. Any conditions so imposed as a basis for granting the conditional use permit shall be binding on all grantees, assignees, heirs, legatees, donees, transferees and trustees of the petition.
The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses as specified in each of the aforementioned districts set forth in Article XVI after review and a public hearing, as provided herein, provided that such conditional uses and structures are in accord with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
Application for a conditional use permit shall
be filed with the Zoning Administrator on forms furnished by the Community
Development Department and shall include, at a minimum, the following:
A.
Name, address and phone number of the applicant, owner
of the site, architect, professional engineer, contractor, and authorized
agent.
B.
Legal description of the subject property, address
of the subject property, type of structure proposed, proposed operation
or use of the structure or property, and the zoning district within
which the subject property is located.
C.
All plans and documents required pursuant to Article IX of this chapter related to site and operational plan review for all commercial developments in which site and operational plan approval is required. All plans and documents required pursuant to Article IXA of this chapter related to residential development plan review for all residential development in which residential development plan approval is required.
[Amended 7-20-2020 by Ord. No. 20-26]
D.
For shoreland and floodland conditional uses, such description shall also include information that is necessary for the Plan Commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human, animal or aquatic life. This additional information may include, but is not limited to, plans certified by a registered professional engineer or professional land surveyor showing existing and proposed elevations or contours of the ground; fill or storage elevation; basement and first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets; water supply and sanitary facilities; aerial photographs and photographs showing existing surrounding land uses and vegetation upstream and downstream; soil types; and any other pertinent information required by § 420-131 of this chapter, the Plan Commission or the Zoning Administrator.
[Amended 7-20-2020 by Ord. No. 20-26]
E.
Additional information relative to the elimination
or alleviation or control of the danger, hazard or nuisance sought
to be averted as may be required by the Plan Commission or the Zoning
Administrator, such as, without limitation due to enumeration, ground
surface elevations, basement and first floor elevations, utility elevations,
detailed landscape plans, plans of operation, hours, parking plans,
historic and probable future floodwater elevations, areas subject
to inundation by floodwaters, depths of inundation, floodproofing
measures, soil type, slope and boundaries, and plans for proposed
structures, giving dimensions and elevations pertinent to the determination
of the hydraulic capacity of the structure or its effects on flood
flows.
[Amended 7-20-2020 by Ord. No. 20-26]
A.
After receipt of a petition for a conditional use
permit, the information shall be submitted to the Zoning Administrator,
who shall transmit all applications and their accompanying plans and
materials to various Village departments for review. Upon completion
of the departments' review, the petitioner will be notified to review
their recommendations and comments. The Zoning Administrator shall
place the matter on the agenda for a public hearing and consideration
before the Plan Commission.
[Amended 7-20-2020 by Ord. No. 20-26]
B.
Notice of the public hearing referred to in Subsection A above shall be published as a Class 2 notice in a newspaper of general circulation in accordance with Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.) Notice of such public hearing shall also be given in accordance with the Wisconsin Open Meeting Law, §§ 19.81 to 19.98, Wis. Stats. Further, notice of such public hearing shall be mailed by first class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant, the owners of the subject lot or site, the owners of all real property located within 300 feet of the subject lot or site and to all other parties of interest as defined in this chapter. In the event the subject lot or site lies within the shoreland jurisdictional boundary or within the Floodplain Overlay District, a copy of the notice of public hearing and a copy of the application shall be mailed to the Southeast District Office of the Wisconsin Department of Natural Resources in accordance with Ch. NR 116 or NR 117, Wis. Adm. Code, respectively, not less than 10 days prior to the hearing. Failure of any person to receive actual notice of the public hearing shall not invalidate any action taken by the Plan Commission. In the event that the Plan Commission postpones or adjourns a public hearing for a period of time not to exceed one month after the publication and mailing of the public hearing notice in accordance with this subsection, no additional Class 2 notice or mailed notice to property owners shall be required, provided that notice of the date, time and place of the postponed or adjourned hearing is publicly announced by the Plan Commission at the time and place of the hearing for which notice was published and mailed and appears in the record of the proceeding.
[Amended 7-20-2020 by Ord. No. 20-26]
C.
In hearing a petition for a conditional use permit,
the Plan Commission shall call the petition at the public hearing.
Upon the call of the petition, the petition shall be read by the Chair
of the Plan Commission, and at the conclusion thereof the Chair shall
hear and receive any substantial evidence or sworn testimony presented
by the petitioner or his authorized agent. At the conclusion of the
petitioner's presentation, the Chair shall ask for any public comments
or other substantial evidence related to the petition. Any relevant
and substantial evidence or sworn testimony presented by the public,
Village staff or Commission members shall be received by the Chair;
provided, however, that said substantial evidence or sworn testimony
is properly identifiable for the record. Lastly, the Chair shall ask
for a recommendation from the Zoning Administrator. "Substantial evidence"
referred to in this section means facts and information, other than
merely personal preference or speculation, directly pertaining to
the requirements and conditions an applicant must meet to obtain a
conditional use permit and that reasonable persons would accept in
support of a conclusion. Public comments that provide reasonable facts
and information related to the conditions of the permit are accepted
as evidence.
[Amended 7-20-2020 by Ord. No. 20-26]
D.
Upon receiving the recommendation of the Zoning Administrator, the Plan Commission may table the petition for a period of up to three months from the date of public hearing, or longer if agreed by the petitioner, so as to allow the petitioner an opportunity to provide any further information deemed pertinent by the Commission or so as to allow the Commissioners an opportunity to view the site in accordance with the guidelines set forth in Chapter 18, § 18-41, of the Village Code or consider the conditions for issuing a conditional use permit or to view similar uses already in existence in accordance with the guidelines set forth in § 18-41 if a comparison is warranted. All deliberations and decisions of the Commission relating to the conditional use permit shall be made at a meeting held in conformance with the Wisconsin Open Meeting Law.
E.
Upon having received all evidence and hearing all
sworn testimony relating to the petition, the Plan Commission shall
review the site plan, existing and proposed structures, architectural
plans, neighboring land and water uses, parking areas, driveway locations,
highway access, traffic generation and circulation, drainage, sewage
and water systems, the proposed operation, the effects of the proposed
use, structure, operation and improvement upon flood damage protection,
water quality, air quality, shoreland cover, natural beauty and wildlife
habitat, and any other pertinent requirements deemed necessary by
the Commission so as to eliminate, alleviate, or control any hazard,
danger, harm, nuisance, adversity or inconsistency that exists or
could develop. Upon completion of said review, the Chair shall entertain
a motion that the Plan Commission either grant or deny the conditional
use permit petition based upon specific findings and conclusions.
F.
The Plan Commission shall not approve a conditional
use permit unless they find after viewing the application, sworn testimony
and the substantial evidence provided at the public hearing that the
structure, site or use, as planned, will not violate the intent and
purpose of all Village ordinances including the Village Comprehensive
Plan or components thereof. The Plan Commission shall review and consider
the approval of said conditional use permit only after determining
that:
[Amended 7-20-2020 by Ord. No. 20-26]
(1)
The proposed structure(s), site or use will not impair
an adequate supply of light and air to adjacent properties or increase
danger of fire, cause traffic congestion or traffic circulation problems,
create stormwater flooding or drainage, create obnoxious odors, light
pollution or problems or otherwise endanger the public health, safety
or welfare.
(2)
The effect of the proposed conditional use will not
hinder, harm or distract the provision of public services.
(3)
The existing and proposed methods of eliminating,
alleviating or controlling the identified hazard, danger, harm, noxiousness,
offensiveness, nuisance or other adversity or inconsistency do not
endanger the public's health, safety or welfare.
(4)
Regardless of any other provisions of this chapter
to the contrary allowing for a conditional use permit for a particular
structure, site or use on a particular parcel, the proposed and applied
for use on a particular parcel is not inherently inconsistent with
either the district in which it is located or adjoining districts
or neighborhoods.
G.
Unless specifically altered by § 420-148, Standards for conditional uses, compliance with all of the minimum provisions of this chapter dealing with such matters as, without limitation due to enumeration, lot area and width, building height and area, yards, setbacks, sanitary systems, signs, parking, loading, traffic and highway access and performance standards shall be required of all conditional uses. Variances shall only be granted as provided in Chapter 18, Article V, of the Village Code.
H.
Notice of conditional uses granted in the FPO Floodplain
Overlay District or in any other area where the shoreland jurisdictional
boundary is applicable shall be given to the Southeast District Office
of the State Department of Natural Resources within 10 days following
the decision.
[Amended 4-7-2014 by Ord. No. 14-06]
J.
Any conditional use permit granted by the Plan Commission
shall not be valid unless recorded at the Kenosha County Register
of Deeds office within six months after approval of said permit or
prior to issuance of any building or zoning permits, which ever comes
first. Any recording fees shall be paid by the applicant. In addition,
the Zoning Administrator shall keep a record of all such conditional
use permits, with such records available to the public.
A.
All uses existing at the effective date of this chapter
which would be classified as conditional uses in the particular zoning
district concerned if they were to be established after the effective
date of this chapter are hereby declared to be conforming conditional
uses to the extent of the existing operation only. Any addition, alteration,
extension, expansion, repair or other proposed change in the existing
operation or building(s) shall be subject to the conditional use procedures
as if such use were being established anew.
[Amended 7-20-2020 by Ord. No. 20-26]
B.
Any other use not mentioned above which was a conforming conditional use before adoption or amendment of this chapter but is not a conditional use in the district in which it is now located shall be considered a legal nonconforming use and shall be subject to the requirements of § 420-140 of this chapter.
[Amended 8-16-2021 by Ord. No. 21-19]
Upon a complaint filed with the Zoning Administrator alleging noncompliance with the terms of the conditional use permit by any interested party, or upon the motion of the Zoning Administrator, the Plan Commission shall schedule an open hearing within 45 days of the filing of the complaint and shall conduct a hearing pursuant to the general outline set forth in § 420-145. Upon a finding that the standards, regulations and conditions set forth in granting the conditional use permit have been violated, the Plan Commission may suspend the conditional use permit until such time as there is compliance with the standards, regulations and conditions imposed with said permit, or the Plan Commission may revoke the conditional use permit. Any continued operation after a suspension or revocation of such permit shall be deemed a violation of this chapter and subject to the penalties set forth in § 420-150 of this chapter. This action of the Commission may be appealed pursuant to Chapter 18, Article V, of the Village Code. Such appeal shall be filed with the Village Zoning Administrator within 30 days after final action taken by the Plan Commission. Any failure to revoke a conditional use permit for past violations shall not operate as a waiver of the right to suppress future violations.
A.
In addition to the specific conditions required herein, additional reasonable conditions or requirements which bear a direct relationship to the hazard, danger, harm, noxiousness, offensiveness, nuisance or other adversity or inconsistency sought to be eliminated, alleviated or controlled, such as, without limitation due to enumeration, environmental, economic or social impact statements, storm drainage plans, landscaping, architectural design, type of construction, ground cover, anchoring of structures, construction commencement and completion dates in accordance with § 420-22J of this chapter, sureties, letters of credit, performance bonds, waivers, lighting, fencing, location, size and number of signs, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements, plat of survey maps, certified survey maps, easement or street dedications, increased building areas, increased water supply, essential services and utilities, sanitary and sewage requirements, installation of pollution abatement, security and/or safety systems, higher performance standards, stages for development of the conditional use, future review of the conditional use operation, conditions surrounding termination of the conditional use permit, and the period of time for which the conditional use will be permitted, may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter and so as to eliminate, alleviate or control the hazard, danger, harm, noxiousness, offensiveness, nuisance, adversity or inconsistency sought to be averted. Where studies, including but not limited to: traffic impact analysis, groundwater elevations, soils studies, environmental assessments or environmental impact statements are required, the Commission can address problems called to its attention by the imposition of certain conditions aimed at eliminating, alleviating or controlling the problems.
[Amended 7-20-2020 by Ord. No. 20-26]
B.
The following uses (as well as those referenced as
such elsewhere in the chapter) are deemed by the Village Board to
be hazardous, dangerous, harmful, noxious, offensive, a nuisance or
otherwise adverse to adjoining or nearby parcels, water, air or the
environment or inconsistent with or otherwise adverse to adjoining
or nearby land or water uses and therefore should be required to meet
certain additional regulations, standards, and conditions hereinafter
set forth and/or additional standards and conditions imposed by the
Plan Commission in accordance with this chapter so as to eliminate,
alleviate or control the hazard, danger, harm, noxiousness, offensiveness,
nuisance, adversity or inconsistency prior to being permitted in the
particular district wherein said use is listed as a conditional use.
[Amended 7-1-2019 by Ord. No. 19-16]
(2)
Airstrips, landing fields and hangars for personal
or agricultural-related uses in the A-2 District and airports, heliport
pads, aircraft hangars for storage and equipment maintenance and aircraft
sales and maintenance in the I-1 District.
[Amended 3-15-2010 by Ord. No. 10-23; 4-7-2014 by Ord. No. 14-06]
(a)
The area shall be sufficient and the site otherwise
adequate to meet the standards of the Federal Aviation Administration
and the Wisconsin Department of Transportation and any other federal
or state agency retaining jurisdiction over such airstrips and landing
fields in accordance with their proposed rules and regulations. In
no case shall the parcel be less than 35 acres in size.
(b)
Any building, hangar or other structure shall
be at least 100 feet from any street or boundary line.
(c)
Any proposed runway or landing strips shall
be situated so that the approach zones are free of any flight obstructions,
such as towers, chimneys, other tall structures or natural obstructions
outside the airport site.
(d)
There shall be sufficient distance between the
end of each usable landing strip to satisfy the requirements of the
aforementioned agencies, and no landing strip shall be within 200
feet of any property line. If air rights or easements have been acquired
from the owners of abutting properties in which approach zones fall,
satisfactory evidence thereof shall be submitted with the application.
(e)
Storage of any combustible fuels shall be in accordance with any
state and federal regulations, and due consideration shall be given
so as to ensure safe storage of such fuels.
(f)
Special consideration shall be given to the installation of equipment
normally associated with the use of airplanes, such as proper ground
markings and lighting, wind direction signals, fire-fighting extinguishers,
radio communications equipment, and tie-down spaces.
(g)
No more than two planes shall be housed on the property.
(h)
Copies of all necessary federal and state permits shall be provided.
(6)
Archery ranges (outdoors) in the PR-2 District.
[Amended 5-4-2009 by Ord. No. 09-24]
(a)
All shooting shall be in the direction of targets, and all targets
shall be at least 500 feet from any property line.
(b)
Berms shall be five feet in height above the highest point of the
target and shall be a minimum of 10 feet in depth so as to absorb
stray shot.
(c)
In granting a conditional use permit for archery ranges, the Plan
Commission shall further evaluate the potential hazards to adjacent
uses, the topography and ground cover, and noise to be generated by
such activity and establish reasonable and necessary standards for
eliminating or minimizing the potential hazards and noise.
[Amended 7-20-2020 by Ord. No. 20-26]
(d)
Firing shall not be permitted directly toward or over any navigable
waters or public or private roads or drives or toward any buildings
or structures or toward any population concentration within 2,000
feet of the range site.
(e)
There shall be a defined firing line and firing direction and adequate
target backstops in addition to the berms aforementioned and a defined
target area.
(f)
Ranges shall be clearly identified by signs not less than four square
feet in gross area located at intervals not less than 25 yards around
the perimeter. Furthermore, ranges shall be securely fenced off from
adjacent lands and waters.
(g)
Provisions for first aid may be required.
(9)
[7]Beer garden in the B-3 and PR-2 Districts.
[Added 6-26-2023 by Ord. No. 23-26]
(a)
The Plan Commission may set more restrictive time frames for
the beer garden uses and activities than specified in the B-3 or PR-2
District.
(b)
Detailed site plan pursuant to site and operational plan requirements specific in Article IX of this chapter. A dimensioned plan shall be submitted that illustrates location of the beer garden, fencing or like barrier around the perimeter of the beer garden to adequately protect neighbors, limit noise, and prevent or limit access by underage individuals and provide visibility to the operator, licensee and law enforcement to ensure the premises is complying with alcohol beverage requirements.
(c)
The Plan Commission shall approve the area designated for a
beer garden to ensure safe pedestrian and vehicular access to/from
the site, adequate parking for beer garden patrons and the operations
would not cause a public nuisance, distractions or disturbances to
adjacent properties/uses or to an abutting public street.
(d)
The Plan Commission shall evaluate any potential hazards, including
noise that may be generated by such beer garden activities and establish
reasonable and necessary standards for eliminating or minimizing the
potential hazards and noise.
(e)
Adequate parking shall be provided on the site, and no parking
associated with the beer garden shall be permitted on any public street.
(f)
Public toilets and facilities meeting all state and local specifications
located in close proximity to the area. The Plan Commission may only
allow portable toilet facilities for a beer garden located within
a PR-2 District, provided that there is an efficient and sanitary
means of disposing of waste matter, which is in compliance with all
state and local laws and regulations.
(g)
Potable water meeting all federal and state requirements shall
be provided. The Plan Commission may only allow portable potable water
facilities for a beer garden located within a PR-2 District in compliance
with all state and local laws and regulations; and further provided
that a lavatory with running water under pressure and a continuous
supply of soap and paper towels shall be provided.
(h)
A sanitary method of disposing of solid waste in compliance
with state and local laws and regulations, sufficient to dispose of
the solid waste production together with a plan for holding and collecting
all such waste at least once each day of the assembly and sufficient
trash cans with tight-fitting lids and personnel to perform the task
shall be provided.
(i)
Compliance with Chapter 410 of the Village Municipal Ordinance entitled "Security Ordinance" for the beer garden area.
(j)
Adequate lighting for safety and security camera visibility
for the parking area and the beer garden area shall be provided.
(k)
All signage shall comply with all applicable Village ordinances.
(l)
Subject to obtaining all applicable building and zoning permits
pursuant to the Village Municipal Code. A certificate of compliance
is required to be obtained for the beer garden.
(n)
Additional conditions may be imposed to ensure compliance with
the provisions of this chapter, its purpose and intent and all other
applicable federal, state, county and local requirements.
[7]
Editor's Note: Former Subsection B(9), Auto-truck body and
engine repair and painting in the M-1 and M-2 Districts, was repealed
3-15-2010 by Ord. No. 10-23.
(11)
Bridges and approaches in the FPO District.
(a)
Conditional use permits for bridges and approaches
shall not be granted unless the applicant shall show that such use
or improvement shall not impede drainage, will not cause ponding,
will not obstruct the floodway, will not increase flood flow velocities,
will not increase the flood stage by more than 0.1 foot unless easements
or other appropriate legal measures, as may be approved by the Wisconsin
Administrative Code, have been taken and approved, and will not retard
the movement of floodwaters. When permitted such structures shall
be floodproofed and shall be constructed so as not to catch or collect
debris or be damaged by floodwaters. Certification of the structure
shall be made to the Community Development Department and shall consist
of a plan or document certified by a registered professional engineer
that the structure is consistent with the flood velocities, forces,
depths and other factors associated with the one-hundred-year recurrence
interval flood.
(b)
The conditional use permit shall not be granted unless there is assurance of compliance with the provisions of § 420-131, the purpose and objective of floodplain management, as enumerated in § NR 116.01, Wis. Adm. Code, the Comprehensive Plan and other land use controls.
[Amended 7-20-2020 by Ord. No. 20-26]
(12)
Bus terminals in the I-1 District and bus terminals
and related equipment storage.
[Amended 3-15-2010 by Ord. No. 10-23]
(12.1)
Cabaret in the B-2, B-3, B-4 and PR-2 Districts.
[Added 5-17-2010 by Ord. No. 10-30]
(a)
Shall not be permitted outside a principal building between the hours
of 10:00 p.m. and 8:00 a.m., if located within 300 feet of a property
zoned residential as measured from the property lines.
(13)
Campgrounds in the PR-2 or PR-3 Districts.
[Amended 5-4-2009 by Ord. No. 09-24]
(a)
Each campsite shall be plainly marked.
(b)
The maximum number of campsites shall be 12 per gross acre.
(c)
The minimum size of a recreational vehicle rental park or campground
shall be five acres.
(d)
The minimum dimensions of a campsite shall be 30 feet wide by 50
feet long.
(e)
Each campsite shall be separated from other campsites by a yard not
less than 15 feet wide.
(f)
There shall be two automobile parking spaces for a campsite.
(g)
No campsite shall be located closer than 75 feet to a public highway
or road right-of-way or closer than 40 feet to any other property
boundary. All camping units shall be located no closer than 20 feet
to any internal private service road. All service roads shall be free
of parked vehicles.
(h)
All campgrounds shall conform to the requirements of Ch. ATCP 79,
Wis. Adm. Code, which shall apply until amended and then shall apply
as amended.
[Amended 7-20-2020 by Ord. No. 20-26]
(i)
All campgrounds shall be completely enclosed, except for permitted
entrances and exits, with permanent evergreen planting, the individual
trees to be of such number and so arranged that within 10 years they
will have formed a dense screen; such permanent planting shall be
grown or maintained to a height of not less than 10 feet.
(j)
Each campground shall have a service building similar to that required
by Ch. ATCP 79, Wis. Adm. Code.
[Amended 7-20-2020 by Ord. No. 20-26]
(k)
Any campground may have one commercial facility per development,
such as a small convenience store, restaurant or snack bar, etc.,
located within the complex for use by the occupants only. Under no
circumstances may this facility be located on a public road and used
for general street trade, and no advertising of the facility shall
cater to the general public.
(l)
No trailer or camping unit shall be located on one site for a period
of more than six weeks. No trailer shall be stored in the campground.
(14)
Cemeteries in the I-1 District.
(a)
The site proposed for a cemetery shall not interfere
with the development of a system of collector and arterial streets
in the vicinity. In addition, the site shall have direct access to
a public roadway.
(b)
Any new cemetery shall be located on a site
containing at least 20 acres.
(c)
All burial buildings and crematoriums shall
meet the yard requirements of the district. A burial building is any
building used for the interment of bodies or other remains of persons
who have died, including mausoleums, vaults or columbaria.
(d)
All graves or burial lots shall be set back
at least 30 feet from any street bounding the cemetery, and there
shall be two side yards and a rear yard of at least 25 feet each.
(e)
Existing cemeteries may continue to operate
in a manner consistent with the existing development in the area presently
covered by a conditional use permit. Any expansion to land not covered
by an existing conditional use permit must comply with the requirements
of this section.
(f)
Adequate parking shall be provided on the site,
and no cemetery parking shall be permitted on any public street.
(g)
Nothing in these provisions, however, shall
prohibit the issuance of a conditional use permit for a pet cemetery.
(20)
Community living arrangements in the A-2, A-3,
R-1, R-2, R-3, R-4, R-4.5, R-5 and R-6 Districts.
[Amended 3-15-2010 by Ord. No. 10-23; 4-7-2014 by Ord. No. 14-06; 7-20-2020 by Ord. No. 20-26]
(a)
A minimum of nine but not more than 15 persons
shall be allowed in said permitted principal dwelling as allowed in
the underlying zoning district.
(b)
The facility shall be in conformance with all
state statutory requirements.
(c)
The petitioner shall submit as part of the application
for the conditional use permit the type of community living arrangement
proposed, the purpose for the community living arrangement, the type
of individuals that will reside on the property and the plan for supervising
and administering the needs of the residents.
(d)
If applicable, a report and license from the
Department of Health Services relating to the suitability of the property
for use as a community living arrangement shall be submitted as part
of the application for a conditional use permit. The loss of any license
shall operate as an automatic revocation of the conditional use permit.
Permits shall not be transferable to another location or holder without
approval of another conditional use permit.
(e)
The property and the structure shall be serviced
by municipal sanitary sewer.
(f)
The lot shall be a minimum of one acre or the minimum lot size in
the underlying zoning district, whichever is greater.
(21)
Community living arrangements in the R-7, R-8,
R-9 and R-10 Districts.
(a)
The number of units shall not exceed the number
of units allowed in the permitted principal structure in the underlying
zoning district.
(b)
The facility shall be in conformance with all
state statutory requirements.
(c)
The petitioner shall submit as part of the application
for the conditional use permit the type of community living arrangement
proposed, the purpose for the community living arrangement, the type
of individuals that will reside on the property and the plan for supervising
and administering the needs of the residents.
(d)
If applicable, a report and license from the
Department of Health Services relating to the suitability of the property
for use as a community living arrangement shall be submitted as part
of the application for a conditional use permit. The loss of any license
shall operate as an automatic revocation of the conditional use permit.
Permits shall not be transferable to another location or holder without
approval of another conditional use permit.
[Amended 7-20-2020 by Ord. No. 20-26]
(e)
The property and the structure shall be serviced
by municipal sanitary sewer and municipal water.
(f)
In the R-7 and R-8 Districts the lot shall be
a minimum of one acre.
[Amended 7-20-2020 by Ord. No. 20-26]
(g)
In the R-9 District the lot shall be a minimum
of two acres.
[Amended 7-20-2020 by Ord. No. 20-26]
(h)
In the R-10 District the lot shall be a minimum
of 2.5 acres.
(22)
Community living arrangements in the R-11 Districts.
(a)
The net density shall not exceed 21 units per
acre.
(b)
The facility shall be in conformance with all
state statutory requirements.
(c)
The petitioner shall submit as part of the application
for the conditional use permit the type of community living arrangement
proposed, the purpose for the community living arrangement, the type
of individuals that will reside on the property and the plan for supervising
and administering the needs of the residents.
(d)
If applicable, a report and license from the
Department of Health Services relating to the suitability of the property
for use as a community living arrangement shall be submitted as part
of the application for a conditional use permit. The loss of any license
shall operate as an automatic revocation of the conditional use permit.
Permits shall not be transferable to another location or holder without
approval of another conditional use permit.
[Amended 7-20-2020 by Ord. No. 20-26]
(e)
The property and the structure shall be serviced
by municipal sanitary sewer and municipal water.
(f)
The lot shall be a minimum of three acres.
(23)
Concrete and asphalt batch plants in the M-3
District.
[Amended 3-15-2010 by Ord. No. 10-23]
(25.1)
Convenient cash business in the B-2
District.
[Added 1-15-2007 by Ord. No. 07-01]
(a)
At the time of site and operational plan approval
to commence or expand, a convenient cash business in the B-2 District
that is proposed shall be not less than 300 feet in a direct line
from any lot on which any school, church or day-care center for children
is located or has a vested right to locate, or from any lot (or from
any portion of a lot) zoned residential.
[Amended 7-20-2020 by Ord. No. 20-26]
(b)
No convenient cash business shall be located
within 2,640 feet of another convenient cash business regardless of
whether such other convenient cash business is located in the Village
or an adjacent municipality.
(c)
Hours of operation. A convenient cash business shall not be
open between the hours of 7:00 p.m. and 8:00 a.m. Monday through Friday;
shall not be open on Saturdays except between the hours of 9:00 a.m.
and 2:00 p.m.; and shall not be open on Sunday. However, the Plan
Commission may, on a case-by-case basis, expressly approve extended
hours.
[Amended 3-18-2013 by Ord. No. 13-09]
(27)
Dry cabaret in the B-2, B-3, B-4 and PR-2 Districts.[18]
[Added 5-17-2010 by Ord. No. 10-30]
(a)
Shall not be permitted outside a principal building between the hours
of 10:00 p.m. and 8:00 a.m., if located within 300 feet of a property
zoned residential as measured from property lines.
[18]
Editor's Note: Former Subsection B(26), Creosote in the M-2
District, was repealed 3-15-2010 by Ord. No. 10-23.
(29)
Electric, gas and steam generating plants in
the M-4 District.
[Amended 3-15-2010 by Ord. No. 10-23]
(a)
An environmental impact statement shall be submitted.
(b)
All necessary state and federal permits shall
be filed with the Village.
(c)
The plan for the transportation, storage and
disposal of chemicals, fuels and waste shall be submitted for review
and approval by the Plan Commission.
(d)
All security measures for the proposed electric,
gas and steam generating plants shall be submitted for review and
approval by the Plan Commission to ensure proper and complete security
measures.
(e)
All federal and state pollution guidelines and
the performance standards set forth in this chapter shall be complied
with.
(f)
In the event that said generating plant makes
use of nuclear fuels an evacuation plan shall be submitted.
[Amended 7-20-2020 by Ord. No. 20-26]
(30)
Electric power substation or gas metering substation
(only as a principal use on its own parcel) in the M-1, M-2, B-1,
B-2, B-3, B-4 or B-5 District.
[Amended 3-15-2010 by Ord. No. 10-23]
(a)
The substation shall be fenced with a secure
chain link fence having a minimum height of six feet with barbed wire
or razor wire on top.
(b)
The minimum lot size shall be a lot large enough
to accommodate the applicable principal building setback requirements
in such district.
(c)
The minimum lot frontage on a public street
requirement shall not be applicable.
(d)
The minimum gross floor area requirement shall
not be applicable.
(32)
Filling as authorized by the Wisconsin Department
of Natural Resources and United States Army Corps of Engineers to
permit the establishment of approved bulkhead lines in the FPO District.
Those requirements set forth for the granting of a conditional use
permit for bridges and approaches shall be complied with.
(39)
Garbage incinerators in the M-3 District.
[Amended 3-15-2010 by Ord. No. 10-23]
(a)
(Reserved)
(b)
(Reserved)
(c)
A performance bond guaranteeing compliance with
all federal and state pollution guidelines and the performance standards
set forth in this chapter shall be required.
(d)
The site shall contain a minimum of five acres.
(e)
There shall be no outside storage of refuse.
(f)
Scrap yard operations shall not be permitted
on the premises.
(g)
(Reserved)
(h)
A security plan shall be presented for approval.
(42)
Golf courses in the PR-2 and PR-3 Districts.
[Amended 5-4-2009 by Ord. No. 09-24]
(a)
The site shall be a minimum of 80 acres.
(b)
No structure shall be located within the floodplain.
(c)
Fairways shall be located to avoid golf balls being driven outside
of the property boundary lines.
(d)
Courses located in primary environmental corridors shall provide
a conservation plan for review and approval.
(43)
Golf driving ranges in the PR-2 and PR-3 Districts.
[Amended 5-4-2009 by Ord. No. 09-24; 7-20-2020 by Ord. No. 20-26]
(a)
The site shall contain at least 10 acres and shall be of such a configuration
as to permit a minimum driving distance of 300 yards from each proposed
tee, exclusive of the required buffered area.
(b)
The golf driving range shall maintain a seventy-five-foot front and
a one-hundred-fifty-foot side setback. The site shall be buffered
by indigenous materials and fencing to minimize the impact upon adjoining
properties.
(c)
The driving range shall be situated in such a fashion that the safety
of adjoining residences and nearby traffic is safeguarded against
stray balls.
(43.1)
A principal or accessory use classified as a High-Hazard
Group H use pursuant to Section 307 of the 2006 IBC[28] that involve the manufacturing, processing, generation
or storage of materials that constitute a physical or health hazard
in quantities in excess of those allowed in control areas constructed
and located as required in Section 414 of the 2006 IBC allowed in
the M-2 District.
[Added 3-15-2010 by Ord. No. 10-23]
(a)
Performance bonds may be required to insure compliance with the terms
of the conditional use permit.
[28]
The International Building Code.
(44)
Household stables in the R-1 District. No household
stable shall be located closer than 100 feet to any off-premises neighboring
residential buildings. Manure piles shall be disbursed or removed
in accordance with accepted sanitary practice.
(48)
Kennels in the A-2 District.
[Amended 3-15-2010 by Ord. No. 10-23]
(a)
All animals shall be kept within an enclosed
structure, and no structure or animal enclosure shall be located closer
than 100 feet to a property boundary.
(b)
Adequate provisions shall be made for the proper
disposal of animal waste.
(c)
Buildings to house animals shall be designed
and constructed with materials to deaden noise.
(d)
The property shall be a minimum of 10 acres.
(58)
Marinas in the FPO District.
(a)
Those requirements set forth for the granting of a conditional use
permit for bridges and approaches in the FPO District shall be complied
with.
(b)
A detailed site plan, plan of operation and environmental protection
plan shall be submitted.
(c)
Increased performance standards may be required by the Village along
with performance bonds to insure compliance with the conditions.
(63)
Mining or extraction of rock, slate, gravel,
sand, topsoil and other minerals in the M-3 District.
(a)
An application for extractive operations shall
be accompanied by a map, drawn at a scale of one inch equals 100 feet,
showing the following:
(b)
An additional map shown at a scale of one inch
equals 100 feet shall show a general plan for proposed operations
and rehabilitation of the site, including the following:
[1]
The locations of proposed watercourses and drainage
systems, including lakes, ponds, and retention areas.
[2]
The sequence of operations and the schedule
of rehabilitation measures.
[3]
The proposed locations of sorting, grading,
crushing, and similar equipment necessary to the operation and initial
distribution of the excavated products.
[4]
The proposed locations of any buildings, scale
house, equipment storage areas, and equipment repair sheds or areas.
(c)
The operation and rehabilitation of extractive
products areas shall be in accordance with the following conditions:
[1]
Excavation shall not take place within 200 feet
of any street or property line.
[2]
Buildings, structures and storage and repair
areas, parking areas and stockpiles shall be at least 100 feet from
any street or property line.
[3]
Accessways and roads shall be maintained in
a dust-free condition either by oiling or by spraying with calcium
chloride.
[4]
All operations shall be conducted in a safe
manner, especially with respect to hazards to persons, damage to adjacent
lands or improvements, and damage to any street by slides, sinking,
or collapse of supporting soil adjacent to an excavation. No extractive
operation shall be conducted in a manner so as to lower the water
table of surrounding properties.
(d)
No excavation, removal or fill shall be permitted
if the finished conditions would contain the following:
(e)
After completion of operations, and in accordance
with the approved rehabilitation map, the premises shall be cleared
of debris and a layer of soil capable of supporting vegetation shall
be spread over the premises to a depth of at least six inches (except
for areas under water) and shall be seeded with grass or other ground
cover to prevent erosion.
(f)
A corporate surety bond shall be furnished to
the Village to assure compliance with the approved rehabilitation
map and plan. The bond shall be in an amount to be determined by the
Plan Commission sufficient to cover twice the projected expenses of
such rehabilitation at the time that the rehabilitation is to occur
according to the plan of the applicant. A termination date for the
completion of operations and the rehabilitation of the tract shall
be imposed at the time of approval based upon the estimated length
of time the operation will be necessary.
(g)
An additional bond shall be furnished to the
Village to insure against possible road damage to nearby roads due
to heavy trafficking of materials.
(h)
The application for a conditional use permit
for extractive industries in the M-3 District shall be made by the
property owner or long-term lessee, either of whom shall be directly
responsible for the operation of the quarry or related activity. The
application shall include a plat survey of the proposed site and an
adequate description of the operational methods, including hours of
operation; 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.
(i)
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,
and 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, rocks, 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 or its agents,
and the form and type of such sureties shall be approved by the Village.
(j)
A list of all equipment used in the operation
shall be submitted to the Village, and the applicant for the conditional
use permit shall be responsible for updating that list when changes
are made in the equipment located on the site.
(k)
The conditional use permit shall be in effect
for a period not to exceed two years and may be renewed upon an application
for a period of an additional two years by the Village Plan Commission
upon review of the performance of the operations. Modifications or
additional conditions may be imposed upon application for renewal,
including an increase in the amount of any surety bond.
(l)
All applicable provisions set forth in the Federal
Mining and Safety Act shall be complied with.
(64)
Manufactured/mobile home parks in the R-12 District.
(a)
Compliance with the requirements set forth in
Ch. SPS 326, Wis. Adm. Code, and amendments thereto.
[Amended 7-20-2020 by Ord. No. 20-26]
(b)
The minimum park size shall be 10 acres.
(c)
Minimum park width shall be 450 feet.
(d)
The maximum number of manufactured/mobile home
sites shall be five per gross acre, and they shall be supplied by
municipal sewer and municipal water.
(e)
The minimum open space provided shall be 20%
of the development area, exclusive of public and/or private roads.
(f)
Each manufactured/mobile home park shall be
completely enclosed, except for permitted entrances and exits, with
a forty-foot landscaped buffer area between manufacture/mobile home
lots and adjacent properties with a permanent evergreen planting,
the individual trees to be of such number and so arranged that within
10 years they will have formed a dense screen. Such permanent planting
shall be grown or maintained to a height of not less than 10 feet.
(g)
Each manufactured/mobile home lot shall adjoin
on an approved public or private road.
(j)
Subject to the requirements of Article IX of this chapter related to site and operational plan approval.
(k)
Laundries, washrooms, recreation rooms, maintenance
equipment storage, and one office are permitted as long as they are
related to the general operations of the park. No other business or
commercial use shall be located within the manufactured/mobile home
park.
(l)
Subject to any other requirements set forth
by the Wisconsin Statutes or Wisconsin Administrative Code.
[Amended 7-20-2020 by Ord. No. 20-26]
(m)
No manufactured/mobile home site shall be rented
for a period of less than 30 days.
(n)
The manufactured/mobile home park shall meet
the requirements of all local ordinances and state administrative
rules regarding manufactured/mobile homes and manufactured/mobile
home parks, and in the event of a conflict between said ordinances,
statutes or rules compliance with the more restrictive requirements
shall be required.
(o)
All manufactured/mobile home subdivisions created
after January 1, 1998, shall provide lot markers at the corners of
each manufactured/mobile home lot. All lot markers shall be clearly
marked on the ground by permanent flush stakes, markers or other suitable
permanent means.
(p)
Copies of all licenses required by § 66.0435,
Wis. Stats., shall be obtained and presented for review.
(65)
Model structure or unit and related temporary
real estate sales offices or marketing center located within the model
unit or as a separate structure in the R-7, R-8, R-9, R-10 and R-11
Districts.
(a)
The Plan Commission may set a specific time
frame for such use to be allowed.
(b)
Said facilities shall not be used until a final
certificate of occupancy has been issued.
(c)
Said facilities shall not be open past 9:00
p.m.
(d)
Proper exterior maintenance of the property
shall be provided, such as but not limited to lawn and yard maintenance
and snow removal.
(e)
Said facilities shall be completely landscaped
prior to occupancy.
(f)
Said facilities shall be handicapped accessible
and meet all ADA requirements.
(g)
The off-street parking area shall be completed
with either a gravel base or a paved surface prior to occupancy.
(h)
If said model unit and related sales office
or marketing center are to be converted back to a living unit, proper
permits and certificates of occupancy shall be obtained from the Village.
(66)
Model manufactured/mobile homes and related
temporary real estate sales offices located within the model unit
in the R-12 District. Those requirements set forth for granting a
conditional use permit for model apartments and model condominiums
and related temporary real estate sales office located within the
model unit in the R-7, R-8, R-9, R-10 and R-11 Districts shall be
complied with.
(67)
Model single-family homes and related temporary
real estate sales offices or marketing centers located within the
model unit or as a separate structure in the R-1, R-2, R-3, R-4, R-4.5,
R-5 and R-6 Districts.
(a)
Said facilities may be located in a new development
for a period not to exceed two years from the date of occupancy.
(b)
Said facilities shall not be used until a final
certificate of occupancy has been issued.
(c)
Said facilities shall not be open past 9:00
p.m.
(d)
Proper exterior maintenance of the property
shall be provided, such as but not limited to lawn and yard maintenance
and snow removal.
(e)
Said facilities shall be completely landscaped
prior to occupancy.
(f)
Said facilities shall be handicapped accessible
and meet all ADA requirements.
(g)
Adequate off-street parking shall be provided;
however, a parking lot shall not be created that would not normally
be found in a single-family development.
(h)
The off-street parking area shall be completed
with either a gravel base or a paved surface prior to occupancy.
(i)
Upon expiration of said conditional use permit,
the model home and/or related sales office or marketing center shall
be converted back to a living unit, and proper permits and certificates
of occupancy shall be obtained from the Village, or if the facility
is located in a separate structure, said structure shall be removed
and the site graded and stabilized.
(69)
One multiple-family structure not to exceed
36 units per structure, which shall include private garages attached
to the structure.
(a)
The net density shall not exceed 11 units per
acre.
(b)
All enclosed parking spaces required shall be
located within the permitted principal structure.
(c)
The lot shall be a minimum of 3.25 acres.
(d)
All lots shall have a minimum frontage of 250
feet in width unless located on a cul-de-sac or curve, in which case
the lot frontage may be reduced to 150 feet of frontage, provided
that there is at least 250 feet of width at the required building
setback line.
(e)
Side setback shall not be less than 50 feet
as measured from the structure to the side property line.
(f)
Rear setback shall not be less than 75 feet
as measured from the structure to the rear property line.
(70)
Municipal water supply and sanitary sewage systems
in the FPO District.
(a)
Those requirements set forth for granting a
conditional use permit for bridges and approaches in the FPO District
shall be complied with.
(b)
The system must be floodproofed to an elevation
at least two feet above the elevation of the one-hundred-year recurrence
interval flood and be designed to eliminate or minimize infiltration
of floodwaters into the system. Certification of floodproofing shall
be made to the Community Development Department and shall consist
of a plan or document certified by a registered professional engineer
that the floodproofing measures are consistent with the flood velocities,
forces, depths, and other factors associated with the one-hundred-year
recurrence interval flood level for the particular stream reach.
(71)
Navigational structures in the FPO District.
Those requirements set forth for granting a conditional use permit
for bridges and approaches in the FPO District shall be complied with.
(72)
Nonresidential buildings may be constructed
and maintained in the C-1 and C-3 District, provided that:
(a)
The building is essential for and used solely
in conjunction with the raising of waterfowl, minnows or other wetland
or aquatic animals or some other use permitted in the shoreland-wetland
district;
(b)
The building cannot, as a practical matter,
be located outside the wetland;
(c)
Such building is not designed for human habitation
and does not exceed 500 square feet in floor area; and
(d)
Only limited filling or excavating necessary
to provide structural support for the building is authorized.
(74)
Outside storage in the M-1 and M-2 Districts.
[Amended 3-15-2010 by Ord. No. 10-23]
(a)
All outside storage areas a minimum of 300 feet
from residential, institutional or park districts shall be enclosed
by a solid fence with a minimum height of six feet. Screen plantings
may be required around the perimeter of the district where such perimeter
abuts residential districts or where such a screen planting is deemed
necessary or advisable depending on surrounding land uses.
(b)
A detailed site and security plan shall be required
indicating the location of storage areas, the type of material to
be stored and a list of all hazardous materials stored on the property
along with precautions necessitated by the storage of such hazardous
material.
(c)
Lighting shall be required for the storage areas;
provided, however, that the glare from said lighting does not shine
on adjoining properties.
(76)
Park and recreational areas not including structures
in the FPO District. Those requirements set forth for granting a conditional
use permit for bridges and approaches in the FPO District shall be
complied with.
(77)
Penal, reform, disciplinary and mental institutions
in the I-1 District.
(a)
A statement of intent shall be filed with the
Village indicating the type of facility that is being proposed, the
type of individuals to be housed in the facility along with a listing
of their needs and the problems they have encountered, whether the
facility is to be a maximum security facility or a minimum security
facility or other such designation, the maximum number of inmates
or patient that will be residing at the facility, and the number of
personnel to be employed by the facility and the type of employment
that each will be engaged in.
(b)
A site plan shall be presented in detail and
include therein all internal road systems and the location of all
buildings and security devices.
(c)
A plan of operation shall be submitted setting
forth the security system to be employed on the site, the number of
personnel employed on each shift, fire and police protection that
will be relied upon in the event of an emergency, alternate security
systems and backup systems, especially where electronic security devices
are used, the type of supervision to be employed in the facility,
including the job descriptions and requirements for all employees,
and what medical facilities will be relied upon in the event of an
emergency.
(d)
All appropriate licenses to be issued by federal,
state and/or local governing bodies or agencies shall be submitted.
(e)
An impact statement shall be required so as
to better enable the Village to determine the effect of such a facility
on the community with such statement addressing itself to the social,
economic and environmental impact on the Village and addressing itself
to, without limitation due to enumeration, the effect of such a facility
on local and county law enforcement agencies, local fire protection
requirements, the county court system, property values in surrounding
areas, sanitation requirements, increased highway and transportation
needs, employment, housing, schools, the surrounding environment,
and the cost of the increase in services to Village taxpayers.
(f)
The aforementioned impact statement is to be
prepared by a consultant chosen by the Village and paid for by the
applicant. Such impact statement shall list problems incurred by other
facilities of a similar nature, be they inside or outside of the State
of Wisconsin.
(g)
Any problems, hazards, nuisances, danger, harm,
noxiousness or offensiveness brought out by such impact statement
may be addressed by the Village and may form the basis for additional
conditions being imposed upon the applicant.
(h)
Mindful of the dangers and hazards imposed by
both fire and nuclear radiation and the proximity of Pleasant Prairie
to the Zion nuclear plant, an evacuation plan setting forth in detail
the method and manner for mass evacuation in the event of an emergency
shall be required. In lieu thereof, a shelter facility shall be provided
on the facility to adequately service the needs of employees and residents
in the event of emergency.
(i)
The site shall contain a minimum of 300 acres.
(j)
Structures shall be at least 1,500 feet from
any boundary line, and all structures shall be at least 2,500 feet
from any residential, commercial, manufacturing or other institutional
district.
(k)
Structures shall contain living areas of not
less than 90 square feet per occupant.
(l)
A solid reinforced concrete wall, at least 24
inches wide and 25 feet in height, shall completely encircle all prison
and penal institutions and no building may be located closer than
75 feet to said wall.
(m)
Three chain link fences at least 30 feet apart
shall be located outside the prison wall. Within the inner fence there
shall be an electronic surveillance system between the fence and the
prison wall, and between all chain link fences there shall be spread
out on the ground three-foot-diameter coils of barbed steel tape for
maximum security institutions.
(n)
The grounds and all areas within the aforementioned
chain link fences shall be adequately lit at night, and an emergency
electrical generation station shall be provided for in the event of
an emergency.
(o)
The facility shall be on public sewer and water.
(p)
The street frontage shall be landscaped in such
a manner as to achieve a height of 10 feet or more by way of a temporary
planting of fast-growing material and shall also provide for a permanent
evergreen planting, the individual trees to be of such number and
so arranged that within 10 years they will have formed a dense screen,
with such permanent planting growing or being maintained to a height
of not less than 10 feet. Details as to plant materials, size and
design of planting as well as time tables must be submitted with the
application for a conditional use permit.
(q)
In the case of mental institutions, or in the
case of juvenile detention facilities, minimum security penal institutions,
and reformatories, the aforementioned conditions may be modified as
deemed appropriate by the Village Board.
(78)
Pet kennels. See kennels.
(82)
Power, gas and heat generating plants in the
M-4 District.
[Amended 3-3-2008 by Ord. No. 08-12; 3-15-2010 by Ord. No.
10-23]
(a)
An impact statement may be required by the Village
setting forth the economic, social and environmental impact of such
a project on the community.
(85)
Public water measuring and control facilities
done in accordance with the provisions of § NR 116.17, Wis.
Adm. Code, in the FPO District. Those requirements set forth for the
granting of a conditional use permit for bridges and approaches in
the FPO District shall be complied with.
(86)
Railroad depots in the I-1 District.
(a)
A detailed site plan shall be presented to the
Plan Commission and shall include the location of storage of any hazardous
fuels and materials.
(b)
A detailed plan of operation shall be presented
to the Plan Commission and shall include a plan for the security,
fencing, lighting, and safety of individuals in the area.
(c)
The depot shall be located in such a manner
as to preclude trains at a stop from interfering with any motor vehicle
traffic.
(87)
Railroad line construction and maintenance in
the C-1 and C-3 District, provided that:
(a)
The railroad lines cannot as a practical matter
be located outside of a wetland; and
(b)
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.
(90)
Recycling facilities (indoors) in the M-2 District.
Those requirements set forth for the granting of a conditional use
permit for garbage incinerators in the M-3 District shall be complied
with.
[Amended 3-15-2010 by Ord. No. 10-23]
(93)
Restaurants or gasoline stations open to the
public between the hours of 12:00 midnight and 5:00 a.m. in the B-4
District.
(a)
The parking lot shall be adequately illuminated
to provide reasonable security for customers and employees.
(b)
A clear and unobstructed view of the cash registers
and transaction area shall be maintained from a public roadway or
from an internal thirty-foot-wide internal site circulation roadway.
(c)
The building shall be equipped with one or more
security cameras, which shall be inaccessible to employees. The proposed
location and number of cameras shall be reviewed and approved by the
Village Police Department as adequate to constitute a reasonable crime
deterrent and a reasonable aid in the apprehension of perpetrators
of crime on site, in the interests of safeguarding the building, its
occupants, customers and the surrounding properties. A conspicuous
sign shall be posted at the entrance stating that security cameras
with an inaccessible recording device are in place on the premises.
(d)
The building shall be equipped with an inaccessible
drop safe, and a conspicuous sign shall be posted at the entrance
stating that an inaccessible drop safe is on the premises.
(e)
On-site security personnel may be required between
the hours of 12:00 midnight and 5:00 a.m. The required use of on-site
security personnel shall be considered if the Village Police Department
believes that the presence of such personnel is reasonably necessary
to ensure the safety of the building, its occupants, customers and
surrounding properties.
(f)
During the hours between 12:00 midnight and
5:00 a.m. at least two employees shall be working on site unless the
business has taken measures to protect a lone employee (e.g., the
installation of bullet-resistant glass or other equipment making a
lone employee inaccessible, etc.) as reviewed and approved as adequate
by Village Police Department.
(g)
A holdup alarm, which is monitored by a UL-listed
central station with functioning telephone service, shall be installed
in the building.
(h)
Additional reasonable requirements that the
Plan Commission determines to be beneficial to ensure the safety of
the building, its occupants, customers and the surrounding properties.
(94)
Residential quarters in the PR-2 District.
[Amended 5-4-2009 by Ord. No. 09-24; 12-11-2023 by Ord. No. 23-51]
(a)
(Reserved)
(b)
One single-family dwelling unit is allowed; however, a second dwelling
unit may be allowed by the Plan Commission.
(c)
There shall be a minimum of two automobile spaces provided for each
residential unit.
(d)
(Reserved)
(f)
A manufactured home or mobile home shall not be permitted as a dwelling
unit in the PR-2 District.
(g)
Accessory uses shall be limited to one garage and/or carport structure per dwelling unit pursuant to § 420-86B(1) of this chapter.
(96)
Retail or wholesale sales of manufactured products
on premises in the M-1 and M-2 Districts. All sales shall be in an
enclosed structure separate from those structures wherein the products
being sold are manufactured.
(98)
Road construction and maintenance in the C-1
and C-3 Districts, provided that:
(a)
The road is necessary to the conduct of agricultural
cultivation or to a silvicultural activity.
(b)
The road cannot as a practical matter be located
outside the wetland.
(c)
The road is designed and constructed to minimize
adverse impact upon the natural functions of the wetland.
(d)
The road is designed and constructed with the
minimum cross-sectional area practical to serve the intended use.
(e)
Road construction activities are carried out
in the immediate area of the roadbed only.
(99)
Road and driveway construction and maintenance
in the C-3 District, provided that:
(a)
The road or driveway is necessary to the continuity
of a planned urban street system.
(b)
The road or driveway cannot as a practical matter
be located outside the wetland.
(c)
The road or driveway is designed and constructed to minimize adverse impact upon the natural functions of the wetland and on wetland values. (See Article XV.)
(d)
The hydrologic continuity of a wetland traversed
by a road or driveway shall be maintained through use of an appropriate
culvert.
(e)
The road or driveway is designed and constructed
with the minimum cross-sectional area practical to serve the intended
use. Driveways should not be wider than 12 feet, and, where practical,
adjacent properties should share a single access.
(f)
Road and driveway construction activities are
carried out in the immediate area of the roadbed only. Roads and driveways
should be protected by a stable side slope of 1:2.
(100)
Sanitary landfill operations in the M-3 District.
(a)
A statement of intent shall be presented to
the Village Board indicating the type of material that will be placed
on the site and whether or not said material is deemed hazardous and
the manner in which the material is to be buried.
(b)
An impact statement shall be required addressing
itself to the impact of the sanitary landfill operation on the surrounding
environment, community, and economy.
(c)
A stormwater drainage and tile plan prepared
by a certified engineer shall be submitted to Village.
(d)
A detailed restoration plan and time table shall
be submitted to the Village.
(e)
All state and/or federal licenses and permits
shall be submitted to the Village and all federal and state laws and
regulations shall be complied with.
(f)
The requirements set forth in Ch. NR 151, Wis.
Adm. Code, as amended from time to time, shall be complied with and
the issuance of a conditional use permit shall be conditioned on such
compliance.
[Amended 7-20-2020 by Ord. No. 20-26]
(g)
A detailed site and sanitary plan shall be presented
to the Village as well as a method of maintaining records of the source
and type of waste deposited on the site and its location and date
of deposit.
(h)
Sanitary landfills shall not be permitted within
2,000 feet of residential, commercial, institutional, conservancy,
or floodplain districts nor shall any such landfill be permitted within
2,000 feet of any shoreland area. In addition, sanitary landfills
shall not be permitted within 2,000 feet of any private or public
water supply.
(i)
A performance bond shall be required by the
Village to insure compliance with the conditions set forth by the
Board and which conditions form the basis for the granting of a conditional
use permit.
(j)
A corporate surety bond shall be furnished to
the Village to assure compliance with the approved rehabilitation
map and plan. The bond shall be in an amount to be determined by the
Plan Commission sufficient to cover twice the projected expenses of
such rehabilitation at the time that the rehabilitation is to occur
according to the plan of the applicant. A termination date for the
completion of operations and the rehabilitation of the tract shall
be imposed at the time of approval based upon the estimated length
of time the operation will be necessary.
(k)
An additional bond shall be furnished to the
Village to insure against possible road damage to nearby roads due
to heavy trafficking of materials.
(l)
Periodic inspections shall be made from time
to time by the Community Development Department.
(m)
The sanitary landfill shall be completely enclosed,
except for permanent entrances and exits, by:
[1]
A temporary planting of fast-growing
material capable of reaching a height of 10 feet or more; and
[2]
A permanent evergreen planting,
the individual trees to be of such number and so arranged that within
10 years they will have formed a dense screen. Such permanent planting
shall be grown or maintained to a height of not less than 10 feet.
(n)
The conditional use permit shall be in effect
for a period not to exceed two years and may be renewed upon an application
for a period of an additional two years by the Village Board upon
review of the performance of the operations. Modifications or additional
conditions may be imposed upon application for renewal, including
an increase in the amount of any surety bond.
(o)
In addition, any of the applicable requirements
for granting a conditional use permit for mining or extraction of
rock, etc., in the M-3 District may be required.
(p)
All Environmental Protection Agency regulations
shall be complied with, with respect to, but not limited to:
[1]
Contamination of ground and underground
water.
[2]
Limitation of explosive gases within
landfill structures.
[3]
Monitoring.
[4]
Obtaining water pollution discharge
permits.
[5]
Collection and treatment of leachate
before discharge.
[6]
Control of rats, flies, and mosquitoes.
[7]
Daily covering of waste material.
[8]
Air quality and open burning of
waste except for special wastes, as for example brush or emergencies.
[9]
Security.
[10]
Availability of water or dirt
to control accidental or permitted fires.
[11]
Restriction of floodwaters or
reduction of water storage capacity of floodplains.
[12]
Bird hazards in the vicinity of
airports.
[13]
Modifications of species habitat
or interference with migration.
[14]
Hazardous waste regulations.
(105)
Solar farm in A-2, AGO or M-4 Zoning District.[63]
[Added 5-3-2021 by Ord. No. 21-07]
(a)
Minimum lot size and frontage: 10 acres with 300 feet on a public
street.
(b)
Minimum setbacks as measured from the foundation of any associated
system building, the outer edge of battery storage system, convertor
or invertor or from the solar collector extended at full tilt parallel
to the ground:
(c)
The solar farm shall not be located within the 100-year floodplain.
(d)
Maximum height for solar collectors: 15 feet in height when
oriented at maximum tilt.
(e)
Any buildings associated with the solar farm shall meet the building requirements specified in the underlying zoning district related to building size and height. Minimum setbacks are pursuant to Subsection B(105)(b) above.
(f)
Landscaping, as required by the Plan Commission, to screen the
system from adjacent properties or public rights-of-way. In addition,
land under and surrounding the system shall be properly manicured
and maintained.
(g)
Approval of a solar farm decommissioning plan. See additional requirements in § 420-88.2J of this chapter related to abandonment, removal and security for removal.
(h)
A solar farm that connects to the electric utility shall comply
with the Public Service Commission of Wisconsin's Rule 119, Rules
for Interconnecting Distributed Generation Facilities.
(i)
Approvals required by the State of Wisconsin's Public Service
Commission shall be provided to the Village.
(j)
The Village is not responsible for any structures or vegetation
on adjacent properties that may exist now or may be constructed/installed
in the future to block any portion of the solar farm.
[63]
Editor's Note: Former Subsection B(105), Skeet and trap shooting
ranges in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.
(113)
Summer theaters and amphitheaters or band shells
in the PR-2 District.
[Amended 5-4-2009 by Ord. No. 09-24]
(a)
Increased performance standards with respect
to noise may be required as deemed necessary.
(115)
Temporary classroom structure in the I-1 District.
(a)
A temporary classroom structure is a detached,
semidetached or attached nonpermanent building used for a relatively
short period of time for instructional purposes for the students at
the school to be used in an emergency situation as determined by the
Plan Commission.
(b)
A conditional use permit shall not be granted
unless the Plan Commission specifically finds that a temporary classroom
structure is a temporary solution to an emergency situation.
(c)
The petitioner shall provide evidence that an
emergency situation exists. A situation which the petitioner could
reasonably anticipate, plan for and resolve without a temporary classroom
structure shall not be considered an emergency.
(d)
A temporary classroom structure may be allowed
for up to three years at a time.
(e)
A temporary classroom structure shall not exceed
1,800 square feet in floor area.
(f)
A temporary classroom structure shall be physically
connected or located in close proximity to the school, but in no instance
shall the temporary classroom structure be located more than 100 feet
from an entrance to the school.
(g)
A temporary classroom structure shall be located
a minimum of 50 feet from all property lines.
(h)
A temporary classroom structure shall be connected
to municipal sanitary sewer and municipal water systems.
(i)
A temporary classroom structure shall be provided
with adequate bathroom facilities within said structure.
(j)
Landscaping and screening may be required.
(k)
The exterior of said temporary classroom structure
shall be aesthetically and structurally maintained. An inspection
shall be scheduled every six months with the Building Inspector and
the Fire & Rescue Department to ensure that said structure is
adequately maintained.
(l)
If the Plan Commission grants approval for a
temporary classroom structure, the petitioner is hereby put on notice
that a feasible plan for implementing a permanent solution to the
emergency situation must be developed during the three-year conditional
use permit.
(m)
If the petitioner wishes to seek an extension of the permit, then the petitioner may request the Plan Commission grant an extension. Said extension shall not exceed three years. However, prior to the Plan Commission considering an extension, the petitioner shall provide a feasible plan to implement a solution(s) and to remove said structure during the extension period. Said extension shall require that a new application be filed and full compliance with the review and approval procedures as set forth in this Article XVIII.
(118)
Utility facilities (except buildings and substations)
such as underground watertight conduits, telephone and electric poles,
etc., constructed in conformance with § NR 116.17, Wis.
Adm. Code, in the FPO District, provided that those requirements set
forth for the granting of a conditional use permit for bridges and
approaches in the FPO District shall be complied with.
(119)
[72]Utility substations or electric power or gas-metering substations
listed as a conditional use (including substation uses approve by
the Wisconsin Public Service Commission) in any zoning district.
[Added 3-15-2010 by Ord. No. 10-23; amended 6-17-2019 by Ord. No. 19-15]
(a)
All utility substations shall be securely fenced, landscaped, screened
and marked with appropriate warning signs.
(b)
The minimum lot size shall be a lot large enough to accommodate the
applicable principal building and to reduce the setbacks required
in the underlying district to all property lines and wetlands to not
less than 10 feet as approved by the Plan Commission to allow for
proper landscaping and screening.
(c)
The minimum lot frontage on a public street shall be 50 feet.
(d)
The minimum gross floor area requirement shall not be applicable.
[72]
Editor's Note: Former Subsection B(119), concerning utility
substations in the A-1, A-2, A-3, A-4, R-1, R-2, R-3, R-4, R-5, R-6,
R-7, R-8, R-9, R-10, R-11, R-12, M-1, M-2, I-1 and C-2 Districts,
was repealed 7-20-2009 by Ord. No. 09-44.
(120)
Utility substation building (only as a principal use on its own lot)
listed as a conditional use (including substation uses approved by
the Wisconsin Public Service Commission) in any zoning district.
[Amended 3-15-2010 by Ord. No. 10-23; 6-17-2019 by Ord. No. 19-15]
(a)
The minimum lot size shall be a lot large enough to accommodate the
applicable principal building and to reduce the setbacks required
in the underlying district to all property lines and wetlands to not
less than 10 feet as approved by the Plan Commission to allow for
proper landscaping and screening.
(b)
The minimum lot frontage on a public street shall be 50 feet.
(c)
The minimum gross floor area requirement shall not be applicable.
(d)
All utility substations shall be securely fenced, landscaped,
screened and marked with appropriate warning signs.
(120.1)
Veterinarian
emergency services office in A-2, B-2 and I-1 Districts.
[Added 12-17-2007 by Ord. No. 07-58;
amended 3-3-2008 by Ord. No. 08-12; 3-15-2010 by Ord. No. 10-23]
(a)
Security requirements, such as but not limited to security cameras
inside/outside of the facility, a secured front door which requires
a staff person to operate the door and locked drug cabinets, as may
be required by the Village Police Department or the Village Plan Commission.
(123)
Wind energy conversion systems, commonly called
"windmills," in the A-2, I-1, PR-2, PR-3 and C-2 Districts.
[Amended 5-4-2009 by Ord. No. 09-24; 3-15-2010 by Ord. No. 10-23; 4-7-2014 by Ord. No. 14-06; 7-20-2020 by Ord. No. 20-26]
(a)
The site area shall be a minimum of five acres.
(b)
Applications for the erection of a wind energy conversion system
shall be accompanied by a plat of survey for the property to be served
showing the location of the generating facility and the means by which
the facility will provide power to structures. If the system is intended
to provide power to more than one premises, the plat of survey shall
show all properties to be served and the means of connection to the
wind energy conversion system. A copy of all agreements with system
users off the premises shall accompany the application. The application
shall further indicate the level of noise to be generated by the system
and provide assurances as to the safety features of the system.
(c)
Wind energy conversion systems shall be constructed and anchored
in such a manner to withstand wind pressure of not less than 40 pounds
per square foot in area.
(d)
The maximum level of noise permitted to be generated by a wind energy
conversion system shall be 50 decibels, as measured on a dB(A) scale,
measured at the lot line.
(e)
Wind energy conversion system generators and alternators shall be
filtered and/or shielded so as to prevent the emission of radio-frequency
energy that would cause any harmful interference with radio and/or
television broadcasting or reception. In the event that harmful interference
is caused subsequent to the granting of a conditional use permit,
the operator of the wind energy conversion system shall promptly take
steps to eliminate the harmful interference in accordance with Federal
Communications Commission regulations.
(f)
Wind energy conversion systems shall be located in the rear yard
only and shall meet all setback and yard requirements for the district
in which they are located and, in addition, shall be located not closer
to a property boundary than a distance equal to their height. Wind
energy conversion systems are exempt from the height requirements
of this chapter; however, all such systems over 75 feet in height
shall submit plans to the Federal Aviation Administration (FAA) to
determine whether the system is to be considered an object affecting
navigable air space and subject to FAA restrictions. A copy of any
FAA restrictions imposed shall be included as a part of the wind energy
conversion system conditional use permit application.
(g)
All wind energy conversion systems shall be surrounded by a security
fence not less than six feet in height. A sign shall be posted on
the fence warning of high voltages.
(h)
The appropriate electric power company shall be notified, in writing,
of any proposed interface with that company's grid prior to installing
said interface. Copies of comments by the appropriate utility company
shall accompany and be part of the application for a conditional use
permit.
(125)
Zoological and botanical gardens in the PR-2
or PR-3 District.
[Amended 5-4-2009 by Ord. No. 09-24]