Village of Pleasant Prairie, WI Article XVIII Conditional Uses

§ 420-141 Purpose and findings.

[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.

D. Inconsistent with the intent and provisions of this chapter and the Village's Comprehensive Plan or and any plan component specified and referenced in Chapter 390, Comprehensive Plan, of the Code.

§ 420-142 Intent.

[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.

§ 420-143 Conditional use permits.

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.

§ 420-144 Application for permit.

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]

F. The fee as required by Article V of this chapter.

§ 420-145 Review of application; public hearing; grant or denial of permit.

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]

I. Any decision of the Plan Commission related to the granting or denial of a conditional use permit may be appealed as provided for in Chapter 18, Article V, of the Village Code.

[Amended 7-20-2020 by Ord. No. 20-26]

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.

§ 420-146 Existing uses.

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.

§ 420-147 Suspension or revocation of permit.

[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.

§ 420-148 Standards for conditional uses.

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]

(1) (Reserved)[1]

[1] Editor's Note: Former Subsection B(1), concerning abrasives and asbestos in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(3) (Reserved)[2]

[2] Editor's Note: Former Subsection B(3), concerning airstrips and landing fields in the A-1, A-2, and A-4 Districts, was repealed 3-15-2010 by Ord. No. 10-23. See now Subsection B(2).

(4) (Reserved)[3]

[3] Editor's Note: Former Subsection B(4), concerning amusement parks, carnivals, and the like in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(5) (Reserved)[4]

[4] Editor's Note: Former Subsection B(5), Animal reduction in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(7) (Reserved)[5]

[5] Editor's Note: Former Subsection B(7), Arenas, stadiums, coliseums, auditoriums and gymnasiums in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(8) (Reserved)[6]

[6] Editor's Note: Former Subsection B(8), Assemblies over 5,000 in the A-2 and PR-1 Districts, was repealed 5-4-2009 by Ord. No. 09-24.

(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.

(m) An annual business license pursuant to Article VII of this chapter is required.

(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.

(10) (Reserved)[8]

[8] Editor's Note: Former Subsection B(10), Beaches and swimming pools in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(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]

(a) All maintenance and repair work shall be done within an enclosed structure.

(b) Storage of fuels and other combustible materials and products shall be adequately safeguarded and located in such a fashion as to minimize hazards inherent in the storage of such materials.

(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.

(15) (Reserved)[9]

[9] Editor's Note: Former Subsection B(15), Chemicals in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(16) (Reserved)[10]

[10] Editor's Note: Former Subsection B(16), Coal and bone distillation in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(17) (Reserved)[11]

[11] Editor's Note: Former Subsection B(17), concerning commercial communication antennas and like devices, was repealed 4-7-2014 by Ord. No. 14-08.

(17.1) (Reserved)[12]

[12] Editor's Note: Former Subsection B(17.1), listing commercial communications structures, was repealed 4-7-2014 by Ord. No. 14-08.

(18) (Reserved)[13]

[13] Editor's Note: Former Subsection B(18), Commercial egg production in the A-3 District, was repealed 3-15-2010 by Ord. No. 10-23.

(19) (Reserved)[14]

[14] Editor's Note: Former Subsection B(19), Commercial feed lot in the A-3 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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]

(a) Federal and state air quality standards shall be complied with.

(b) Conditions may be set with respect to hours of operation and ingress and egress to the premises.

(c) The premises shall be properly secured.

(24) (Reserved)[15]

[15] Editor's Note: Former Subsection B(24), Concrete and asphalt batch plants temporarily located on a parcel in the A-1, A-2, A-3, and A-4 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(25) (Reserved)[16]

[16] Editor's Note: Former Subsection B(25), Contractor storage yards in the M-2 District, was repealed 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]

(d) Security. Any new or expanded convenient cash businesses shall comply with all requirements set forth in Chapter 410 of the Village Municipal Code entitled "Security Ordinance."

[Added 3-18-2013 by Ord. No. 13-09]

(26) (Reserved)[17]

[17] Editor's Note: Former Subsection B(27), Dye in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(28) Earth movements in shoreland areas. See Article XV of this chapter.

(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.

(31) (Reserved)[19]

[19] Editor's Note: Former Subsection B(31), concerning fertilizer production, sales, and storage in the A-3 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(33) (Reserved)[20]

[20] Editor's Note: Former Subsection B(33), Forges in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(34) (Reserved)[21]

[21] Editor's Note: Former Subsection B(34), Foundries in M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(35) (Reserved)[22]

[22] Editor's Note: Former Subsection B(35), Freestanding commercial communication structure in the M-1, M-2, B-1, B-2, B-3, B-4 or B-5 District, as amended 3-15-2010 by Ord. No. 10-23, was repealed 7-20-2020 by Ord. No. 20-26.

(36) (Reserved)[23]

[23] Editor's Note: Former Subsection B(36), Freight terminals, yards and transshipment depots and related equipment storage and maintenance facilities in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(37) (Reserved)[24]

[24] Editor's Note: Former Subsection B(36), Freight terminals in the M-1 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(38) (Reserved)[25]

[25] Editor's Note: Former Subsection B(38), Fuel in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(40) (Reserved)[26]

[26] Editor's Note: Former Subsection B(40), concerning gas and utility uses in the A-1 District, as amended, was repealed 9-19-2011 by Ord. No. 11-29.

(41) (Reserved)[27]

[27] Editor's Note: Former Subsection B(41), Gasohol and fuel-related alcohol plants in the A-3 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(45) (Reserved)[29]

[29] Editor's Note: Former Subsection B(45), Housing for farm laborers in the A-1 District, as amended, was repealed 9-19-2011 by Ord. No. 11-29.

(46) (Reserved)[30]

[30] Editor's Note: Former Subsection B(46), Housing for seasonal or migratory farm workers in the A-1 District, as amended, was repealed 9-19-2011 by Ord. No. 11-29.

(47) (Reserved)[31]

[31] Editor's Note: Former Subsection B(47), Insulating materials in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(49) (Reserved)[32]

[32] Editor's Note: Former Subsection B(49), Laboratories in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(50) (Reserved)[33]

[33] Editor's Note: Former Subsection B(50), concerning lacquer, paint and like products in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(51) (Reserved)[34]

[34] Editor's Note: Former Subsection B(51), Livestock sales facilities in the A-3 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(52) (Reserved)[35]

[35] Editor's Note: Former Subsection B(52), Living quarters for watchmen and caretakers in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(53) (Reserved)[36]

[36] Editor's Note: Former Subsection B(53), lubricating oils and greases in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(54) (Reserved)[37]

[37] Editor's Note: Former Subsection B(54), Malt production in the A-3, M-1 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(55) (Reserved)[38]

[38] Editor's Note: Former Subsection B(55), Manufacturing of cement or concrete products in the M-3 District, was repealed 3-15-2010 by Ord. No. 10-23.

(56) (Reserved)[39]

[39] Editor's Note: Former Subsection B(56), Manufacturing of lime, gypsum or plaster of paris in the M-3 District, was repealed 7-20-2020 by Ord. No. 20-26.

(57) (Reserved)[40]

[40] Editor's Note: Former Subsection B(57), concerning the manufacturing, processing and storage of various materials in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(59) (Reserved)[41]

[41] Editor's Note: Former Subsection B(59), Marinas and marine sales and service in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(60) (Reserved)[42]

[42] Editor's Note: Former Subsection B(60), concerning meatpacking, slaughterhouses, and production of meat products in the A-3 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(61) (Reserved)[43]

[43] Editor's Note: Former Subsection B(61), Millwork, lumberyards, sawmills and planing mills in the M-1 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(62) (Reserved)[44]

[44] Editor's Note: Former Subsection B(62), Minibike trails in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(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:

[1] Existing topography at two-foot contour intervals.

[2] Locations of watercourses and drainage systems.

[3] An outline of the area to be excavated at two-foot contour intervals.

(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:

[1] Deep pits having side slopes of greater than 30°.

[2] Serious on-site erosion problems or erosion problems which could extend to neighboring properties.

[3] Undrained depressions other than artificial lakes, or drainage problems which adversely affect neighboring properties.

(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.

(h) Parking spaces are required per Article VIII of this chapter.

(i) Subject to requirements of Chapter 221, Manufactured/Mobile Homes, of the Village Code.

(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.

(68) (Reserved)[45]

[45] Editor's Note: Former Subsection B(68), Motor freight in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(73) (Reserved)[46]

[46] Editor's Note: Former Subsection B(73), Offal in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(75) (Reserved)[47]

[47] Editor's Note: Former Subsection B(75), Packing and crating services in the M-1 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(79) (Reserved)[48]

[48] Editor's Note: Former Subsection B(79), Petroleum bulk stations and terminals in the M-1 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(80) (Reserved)[49]

[49] Editor's Note: Former Subsection B(80), concerning plastic materials and synthetic products in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(81) (Reserved)[50]

[50] Editor's Note: Former Subsection B(81), Poison in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(83) (Reserved)[51]

[51] Editor's Note: Former Subsection B(83), Processing of hardwood dimension, flooring, veneer and plywood in the M-1 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(84) (Reserved)[52]

[52] Editor's Note: Former Subsection B(84), Production of animal and marine fats and oils in the A-3 and M-2 Districts, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(88) (Reserved)[53]

[53] Editor's Note: Subsection B(88), Railroad terminals and freight yards in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(89) (Reserved)[54]

[54] Editor's Note: Former Subsection B(89), Recreational vehicle (RV) campgrounds or subdivisions in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(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]

(91) (Reserved)[55]

[55] Editor's Note: Subsection B(91), Refineries in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(92) (Reserved)[56]

[56] Editor's Note: Subsection B(92), Rendering plants in the M-2 District, was repealed 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)

(e) The single-family dwelling shall meet the minimum design standards as pursuant to § 420-108F of this chapter. A second dwelling unit shall be a minimum of 450 square feet and meet all other requirements of § 420-108F unless otherwise approved by the Plan Commission.

(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.

(95) (Reserved)[57]

[57] Editor's Note: Former Subsection B(95), Resorts in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(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.

(97) (Reserved)[58]

[58] Editor's Note: Subsection B(97), Road test facilities in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(g) The Wisconsin Department of Natural Resources (DNR) may exercise preemptive procedures as set forth in Article XV where roads or driveways may have an adverse impact upon the criteria listed in Article XV.

(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.

(101) (Reserved)[59]

[59] Editor's Note: Former Subsection B(101), concerning conditional use standards for school auditoriums, gymnasiums and stadiums in the I-1 District, was repealed 3-3-2008 by Ord. No. 08-12.

(102) (Reserved)[60]

[60] Editor's Note: Former Subsection B(102), Second single-family, farm-related residential dwelling in the A-1 District, as amended, was repealed 9-19-2011 by Ord. No. 11-29.

(103) (Reserved)[61]

[61] Editor's Note: Former Subsection B(103), Sewage treatment plants in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(104) (Reserved)[62]

[62] Editor's Note: Former Subsection B(104), ship- and boatbuilding and repair in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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:

[1] Street setback: minimum of 100 feet;

[2] Side and rear setback: minimum of 50;

[3] Wetland setback: minimum of 10 feet from wetlands on the property;

[4] Twenty-five feet from the ordinary high-water mark of a navigable waterway.

(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.

(106) (Reserved)[64]

[64] Former Subsection B(106), Ski hills with restaurants and ski shops in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(107) (Reserved)[65]

[65] Former Subsection B(107), concerning smelting and refining in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(108) (Reserved)[66]

[66] Editor's Note: Former Subsection B(108), Snowmobile trails in the PR-1 District, was repealed 5-4-2009 by Ord. No. 09-24.

(109) Sportsmen's clubs in the PR-2 District.

[Amended 5-4-2009 by Ord. No. 09-24]

(a) The site shall be posted at least every 100 feet as a sportsmen's club.

(b) Impact statements as deemed appropriate by the Village may be required.

(110) (Reserved)[67]

[67] Editor's Note: Former Subsection B(110), Stockyards in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(111) Storage of mineral products or machinery in the M-3 District.

(a) The site shall be securely fenced as deemed appropriate by the Village.

(b) A stormwater drainage plan prepared by a certified engineer shall be submitted.

(112) (Reserved)[68]

[68] Editor's Note: Former Subsection B(112), Storage of recreational vehicles, boats or snowmobiles in the A-1 District, as amended, was repealed 9-19-2011 by Ord. No. 11-29.

(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.

(114) (Reserved)[69]

[69] Editor's Note: Former Subsection B(114), Tanneries in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(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.

(116) (Reserved)[70]

[70] Editor's Note: Former Subsection B(116), concerning utilities and substations in the M-3 District, was repealed 7-20-2009 by Ord. No. 09-44.

(117) (Reserved)[71]

[71] Editor's Note: Former Subsection B(117), concerning utility construction and maintenance in the C-1 and C-3 Districts, was repealed 3-16-2009 by Ord. No. 09-17.

(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.

(121) (Reserved)[73]

[73] Editor's Note: Former Subsection B(121), Water storage tanks and towers and radio and television, transmitting and receiving towers and microwave relay stations in the I-1 District, was repealed 3-3-2008 by Ord. No. 08-12.

(122) Water withdrawal and diversion uses in shoreland areas. (See Article XV of this chapter.)

(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.

(124) (Reserved)[74]

[74] Editor's Note: Former Subsection B(124), Wrecking, junk, demolition and scrap yards in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.

(125) Zoological and botanical gardens in the PR-2 or PR-3 District.

[Amended 5-4-2009 by Ord. No. 09-24]

(a) (Reserved)

(b) (Reserved)

(c) (Reserved)

(d) (Reserved)

(e) In the case of zoological facilities, the site shall be securely enclosed and the Village Board shall review the security system to be used on the premises for the containment of animals, reptiles, etc.

(126) (Reserved)[75]

[75] Editor's Note: Former Subsection B(126), concerning height of a principal structure in the M-2 District, was repealed 3-15-2010 by Ord. No. 10-23.