The development and execution of this article
is based upon the division of the Village of New Glarus into districts,
within which districts the use of land and buildings, and bulk and
location of buildings and structures in relation to the land, are
mutually compatible and substantially uniform. However, there are
certain uses which, because of their unique characteristics, cannot
be properly classified as unrestricted permitted uses in any particular
district or districts, without consideration, in each case, of the
impact of those uses upon neighboring land or public facilities and
of the public need for the particular use of a particular location.
Such uses, nevertheless, may be necessary or desirable to be allowed
in a particular district provided that due consideration is given
to location, development and operation of such uses. Such uses are
classified as conditional uses.
[Amended 3-3-2020 by Ord. No. 20-03]
A.
The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit after review and public hearing, provided that such conditional use meets the standards in § 305-31.
B.
Any proposed conditional use within 500 feet of a state or federal highway shall be submitted to the Wisconsin Department of Transportation by the Village Clerk at or before the date that notice of the public hearing is provided under § 305-31, requesting any comments by the public hearing date.
C.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access and performance standards, shall be required of all conditional
uses.
Any person, firm, corporation or organization
having a freehold interest or a possessory interest entitled to exclusive
possession, or a contractual interest which may become a freehold
interest, or an exclusive possessory interest, and which is specifically
enforceable in the land for which a conditional use is sought, may
file an application to use such land for one or more of the conditional
uses in the zoning district in which such land is located.
A.
Required application materials. An application for
a conditional use permit shall be filed on a form prescribed by the
Village. Each such application shall be forwarded to the Plan Commission
by the Zoning Administrator in advance of its consideration of the
conditional use permit. Each such application shall include:
[Amended 12-15-2009 by Ord. No. 09-12; 3-3-2020 by Ord. No. 20-03]
(2)
Names and addresses of the applicant, owner of the
site, architect, professional engineer, contractor and all property
owners of record within 100 feet or 600 feet for properties within
the Extraterritorial Zoning District.
(3)
Description of the subject site by lot, block , and
recorded subdivision, CSM, plat of survey, or by metes and bounds;
address of the subject site; type of structure; proposed operation
or use of the structure or site; number of employees; and the zoning
district within which the subject site lies.
(4)
Plat of survey prepared by a registered land surveyor
showing all of the information required for a building permit and
existing and proposed landscaping.
(5)
Fee receipt in the amount as set by the Village Board.
B.
Plans. In order to secure information upon which to
base its determination, the Plan Commission may require the applicant
to furnish, in addition to the information required for a building
permit, the following information:
(1)
A plan of the area showing contours, soil types, high-water
mark, groundwater conditions, bedrock, slope and vegetation cover.
(2)
Location of buildings, parking areas, traffic access,
driveways, walkways, open spaces, landscaping, and lighting.
(3)
Plans for buildings, sewage disposal facilities, water
supply systems and arrangements of operations.
(4)
Specifications for areas of proposed filling, grading,
lagooning or dredging.
(5)
Other pertinent information necessary to determine
if the proposed use meets the requirements of this chapter.
All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board, on its own motion, from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 305-28 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Plan Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
[Amended 12-15-2009 by Ord. No. 09-12]
A.
For properties
located in the Village, notice of the time, place and purpose of such
hearing shall be given by publication of a Class 2 notice under the
Wisconsin Statutes in the official Village newspaper. Notice of the
time, place and purpose of such public hearing shall also be sent
to the applicant, the Zoning Administrator, members of the Village
Board and Plan Commission and the owners of record, as listed in the
office of the Village Assessor, who are owners of property in whole
or in part situated within 100 feet of the boundaries of the properties
affected, said notice to be sent at least five days prior to the date
of such public hearing. Failure to comply with this provision shall
not, however, invalidate any previous or subsequent action on the
application.
B.
For properties
located in the Village’s Extraterritorial Zoning District, notice
of the time, place and purpose of such hearing shall be given by publication
of a Class 2 notice under the Wisconsin Statutes in the official Village
newspaper. Notice of the time, place and purpose of such public hearing
shall also be sent to the applicant, the Zoning Administrator, members
of the Village Board and Plan Commission, the Town of New Glarus and
the owners of record, as listed in the office of the Village Assessor,
who are owners of property in whole or in part situated within 600
feet of the boundaries of the properties affected, said notice to
be sent at least five days prior to the date of such public hearing.
Failure to comply with this provision shall not, however, invalidate
any previous or subsequent action on the application.
[Amended 3-3-2020 by Ord. No. 20-03]
A.
Effect of applicant agreement. If the applicant meets, or agrees
to meet, all of the applicable requirements specified in this chapter
and conditions imposed by the Village Board, the Board shall under
§ 62.23(7)(de)2a, Wis. Stats., grant the conditional use
permit. The Board may require written agreement from the applicant
in a form prescribed by the Village Attorney.
B.
Substantial evidence required. Per § 62.23(7)(de)1b, Wis.
Stats., any decision to grant or deny the permit must be supported
by facts and information, other than merely personal preferences or
speculation, directly pertaining to the requirements and conditions
the applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of such a conclusion.
C.
Review criteria. To the extent consistent with Subsections A and B, no conditional use permit shall be approved by the Plan Commission or by the Village Board upon appeal unless the associated body first finds that all of the following criteria are met:
(1)
The conditional use will be consistent with the Comprehensive Plan.
(2)
The conditional use shall conform to the purpose and all regulations
applicable within the district in which the use is proposed to be
located.
(3)
The establishment, maintenance, or operation of the conditional use
will not be detrimental to or endanger the public health, safety,
morals, comfort, or general welfare.
(4)
The uses, values, and enjoyment of other property in the neighborhood
for purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance, or operation
of the conditional use.
(5)
The use, building(s), and other proposed improvements will be compatible
with land uses, land use intensities, land use impacts, buildings,
and other improvements on neighboring land.
(6)
The conditional use will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in
the district.
(7)
Adequate utilities, access streets, stormwater management, and other
necessary improvements serving the site and use have been or are being
provided.
(8)
Adequate measures have been or will be taken to minimize traffic
congestion and excess parking in the public streets, and adverse traffic
and parking impacts on adjoining or nearby properties.
When a decision of denial of a conditional use
application is made, the Plan Commission shall furnish the applicant,
in writing when so requested, those standards that are not met and
enumerate reasons the Plan Commission has used in determining that
each standard was not met.
A.
Any action of the Plan Commission in granting or denying
a conditional use permit may be appealed to the Village Board if a
written request for an appeal is filed within 10 days after the date
of the Plan Commission's action in granting or denying the permit.
Such request for appeal shall be signed by the applicant or by the
owners of at least 20% of the land area immediately adjacent extending
100 feet therefrom or by the owners of 20% or more of the land directly
opposite thereto extending 100 feet from the street frontage of such
opposite land.
B.
The request shall be filed with the Zoning Administrator,
who shall submit it to the Village Board at its next meeting, together
with any documents and other data used by the Plan Commission in reaching
its decision. The Village Board may consider the matter forthwith,
refer the matter to a subsequent meeting or set a date for a public
hearing thereon.
C.
In the event the Village Board elects to hold a public
hearing, notice thereof shall be given by mail to the known owners
of the lands immediately adjacent thereto and directly opposite any
street frontage of the lot or parcel in question and by publication
of a Class 1 notice in the official newspaper at least 10 days before
the date of the hearing.
D.
The Village Board may either affirm or reverse in
whole or in part the action of the Plan Commission and may finally
grant or deny the application for a conditional use permit.
The following provisions shall apply to all
conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Village Board on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in § 305-31 above. In all cases in which conditional uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill
the purpose and intent of this chapter.
B.
Site review. In making its decision, the Plan Commission
shall evaluate each application and may request assistance from any
source which can provide technical assistance. The Commission may
review the site, existing and proposed structures, architectural plans,
neighboring uses, parking areas, driveway locations, highway access,
traffic generation and circulation, drainage, sewerage and water systems
and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a
conditional use shall be permitted unless approved by the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment
will be in general harmony with surrounding uses and the landscape.
To this end, the Plan Commission may require the use of certain general
types of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed
6% and/or where a use is proposed to be located on areas indicated
as having soils which are unsuitable or marginal for development,
on-site soil tests and/or construction plans shall be provided which
clearly indicate that the soil conditions are adequate to accommodate
the development contemplated and/or that any inherent soil condition
or slope problems will be overcome by special construction techniques.
Such special construction might include, among other techniques, terracing,
retaining walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements.
Conditional uses shall comply with all other provisions of this chapter,
such as lot width and area, yards, height, parking and loading. No
conditional use permit shall be granted where the proposed use is
deemed to be inconsistent or conflicting with neighboring uses for
reasons of smoke, dust, odors, noise, vibration, lighting, health
hazards or possibility of accident.
[Amended 3-3-2020 by Ord. No. 20-03]
A.
Duration of conditional use permit. Each conditional use shall run
with the land and in perpetuity, and all requirements of the approved
conditional use permit shall be continued regardless of ownership
or operation of the land or use, except where:
B.
Automatic revocation.
(1)
Where the Plan Commission, or Village Board upon appeal, has granted
a conditional use permit, such permit shall become null and void and
automatically revoked under one of more of the following circumstances:
(2)
The Plan Commission may extend such permit for a period of 90 days
for justifiable cause, if application by the grantee of the conditional
use permit is made to the Village.
A.
The Plan Commission shall retain continuing jurisdiction
over all conditional uses for the purpose of resolving complaints
against all previously approved conditional uses. Such authority shall
be in addition to the enforcement authority of the Zoning Administrator
to order the removal or discontinuance of any unauthorized alterations
of an approved conditional use and the elimination, removal or discontinuance
of any violation of a condition imposed prior to or after approval
or violation of any other provision of this chapter.
B.
Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 305-31 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 305-30 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.
C.
The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 305-31 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and Chapter 1, General Provisions, § 1-5.
D.
In the event that no reasonable modification of such
conditional use can be made in order to assure that § 305-31A(1)
and (2) will be met, the Plan Commission may revoke the subject conditional
approval and direct the Zoning Administrator and the Village Attorney
to seek elimination of the subject use.
E.
Following any such hearing, the decision of the Plan
Commission shall be furnished to the current owner of the conditional
use in writing stating the reasons therefor.
F.
An appeal from a decision of the Plan Commission under
this section may be taken to the Village Board.
[Amended 3-3-2020 by Ord. No. 20-03]
By conditional use permit, after due notice and public hearing,
the Plan Commission may authorize the location of any of the following
buildings or uses in any district from which they are excluded by
this chapter, provided that such building or use shall comply with
all other regulations in the district in which it is proposed to be
located:
[Amended 7-1-2003 by Ord. No. 03-04; 11-15-2006 by Ord. No.
06-10]
A.
Definition. A campground or recreational vehicle park
is any premises established for nonpermanent overnight habitation
by persons paying a fee and using equipment designed for the purpose
of camping, including travel trailers, recreational vehicles (RVs),
pickup trucks, motor homes, camping trailers, tents, and similar camping
units as defined in HFS 178, Wis. Adm. Code. Such facilities must
have four or more camping units. Camping sites within campgrounds
are rented for overnight use, possibly extending to a week or two
by the same patron. Lack of a rental fee does not exempt a campground
from complying with HFS 178. A camping resort is similar to a private
campground, except that allowed camping units remain on the premises
for up to a season at a time, next to which unattached structures
as allowed by HFS 178 may be placed, and utilities are provided to
each individual camp site.
B.
Campgrounds and/or recreational vehicle (RV) parks
may be allowed as a conditional use in the C-1 Commercial District,
A-P District, A-PL District, and A-B District, following approval
under this article.
C.
In addition to the information required by § 305-28 and § 305-31, the application for a conditional use permit shall include the following information:
(1)
A written description of the proposed operation, including
proposed months of operation; desired types of camping units; other
ancillary uses proposed for the site; and assurances that the site
will be developed and operated in accordance with all approved plans.
(2)
A campground/camping resort plan map(s), drawn to
scale, and including the proposed campground layout; location of campsites,
roads, parking areas, site boundaries; indication of use of tents
and camping trailers or RVs, pickup coaches and self-contained recreation
units, and travel trailers; topography lines; required setbacks; existing
and proposed buildings and other structures; water supplies; sanitary
waste disposal system; grading plan and stormwater management system;
covered refuse storage areas; existing natural features including
waterways, wetlands, floodplains, and shoreland areas; existing and
proposed vegetation and recreation areas, and any other information
the Zoning Administrator shall deem necessary. Professional engineering
assistance is encouraged in such design, especially of access roadways,
camping unit siting, site grading and stormwater management, and utility
placement.
D.
Shall meet HFS 178, Wis. Adm. Code requirements, enforced
by the State Department of Health and Family Services or its designated
agent. If a waiver or variance to one or more of these requirements
is granted by the state, such waiver or variance shall be deemed valid
for local zoning purposes, except for those items specifically listed
in this subsection.
E.
Shall have direct access to a public road, with no
more than two camp road accesspoints to each abutting public road
for the first 100 camp sites, plus one additional access for each
100 sites thereafter.
F.
Camping sites and access roads shall be located, graded,
and maintained so as to provide each site with positive site drainage
and be free from flooding and control dust.
G.
Minimum lot size is 10 acres for private campgrounds,
20 acres for camping resorts, and a proportional average of the two
for combination campground/camping resorts. (Example: 50% camping
unit sites in campground and 50% camping unit sites in camping resort
equals fifteen-acre minimum.)
H.
Maximum density shall be eight individual campsites per acre for campgrounds and five individual campsites per acre for camping resorts, and a proportional average of the two for combination campground/camping resorts, except in accordance with Subsection L below. No more than 10% of the site used in the calculation of maximum density shall include floodplains or wetlands.
I.
Each individual campsite shall have sufficient area
for one camping unit on that site, with at least 15 feet of setback
to the camping unit from the site access roadway, and 10 feet to any
side or rear camp site “lot” line. In the absence of readily
definable lot lines, a minimum ten-foot setback shall be maintained
from the nearest part of the camping unit or structure to any adjacent
camping unit or structure. Individual campsites within private campgrounds
shall have at least 30 feet of width and 40 feet of depth. Individual
campsites within private resorts shall have at least 40 feet of width
and 50 feet of depth.
J.
No recreational unit shall be allowed to remain in
the campground or RV park for more than 30 days in one year, except
that a single recreation unit occupied by a resident manager may be
parked for a period of up to six months in one year.
K.
The permit holder shall keep records of individuals
using the campground or recreational vehicle park, and the records
shall be made available at any time to the Zoning Administrator to
monitor compliance with the conditions of the permit.
L.
A separate area may be designated in a campground
for group camping in tents. However, such group camping shall not
exceed two weeks in any one time period by the same persons and no
more than 20 tents containing no more than 80 persons per acre shall
be permitted. In addition, the group camping area must be provided
with proper sanitary service as required by HFS 178, Wis. Adm. Code.
M.
A campground may have one dwelling and accessory residential
buildings for the home occupant's private use, provided the occupants
are owners or caretakers of the campground.
N.
A campground may also provide for purchases of sundry
supplies, cooked meals, and drinks including alcoholic beverages,
if so licensed by the local town and included in the conditional use
permit approval.
O.
Each camping unit, principal and accessory building,
and vehicle parking area shall meet the minimum shoreland setback
associated with any navigable waterway under the Green County Zoning,
Sanitation and Subdivision Ordinance.
P.
Shall provide a landscaped buffer yard (see § 305-117) along all exterior lot lines and public roads adjacent to the campground.
Q.
Shall provide at least 200 square feet per camping
unit or one continuous acre of common recreation open space, whichever
is greater. Perimeter setbacks and landscaped buffer yards may not
be counted towards meeting this requirement.
R.
Shall provide and maintain those common health and
safety facilities required in HFS 178, Wis. Adm. Code, such as safe
drinking water supply, sewage disposal station, toilets and washroom
facilities. Provision of electric, water, and sewerage utility hookups
are optional to campground sites, but mandatory to camping resort
sites. Sewage disposal shall be only by licensed waste haulers.
S.
Each campsite shall be clearly numbered on a sign
at each site and on a map available to all patrons. Campsite numbering
shall be consistent with the placement shown on the campground/camping
resort plan map.
T.
A camping unit may not be placed or attached to a
permanent foundation or a permanent structure at the campsite, except
that attachment to an approved sewage disposal system or to an approved
water supply system is permitted.
U.
Following initial conditional use permit approval, and for all grandfathered private campgrounds or camping resorts, any proposed amendment to the approved campground plan shall be handled per the provisions of § 305-34, a conditional use permit amendment shall be required and the regulations of this subsection shall be met.
V.
Structures shall not be attached to the camping unit. All roofs or covers over a camping unit shall be supported by posts, shall include no side walls, and shall not be attached to the camping unit. Existing roofs shall be considered nonconforming structures subject to Article V.
W.
Prior to the placement or construction of any structure on a site, a permit and site plan showing the proposed structure(s) and all applicable setbacks must be approved by the campground/camping resort owner or a designated agent. The campground/camping resort owner may internally regulate the type and size of structures permitted, provided that such structures do not violate HFS 178 or the Village of New Glarus Zoning Ordinance, as is applicable within the Village or the extraterritorial zoning area. The campground/camping resort owner shall be responsible for providing an inventory of all permits issued within the campground in the previous 12 months to the Zoning Administrator on or before November 1 of each year. The owner shall also be responsible for abating any violations of this chapter and shall be subject to penalties as outlined in § 305-95 in the event of noncompliance.
X.
Campgrounds shall be maintained under a single ownership
so that responsibility can be easily placed for cleaning of common
facilities such as water supply, sewage disposal station, toilet,
laundry, and washrooms, and refuse areas, and for enforcement of campsite
cleanliness.
Y.
Camping resorts, where public utilities serve each
site, may be under a modified form of single ownership involving exclusive
use of specific sites via corporate membership clubs, cooperatives,
or condominium associations, provided the ownership form and covenants
are first approved by the county with the conditional use permit application
to assure that maintenance responsibilities for common facilities
such as private roads, resort parks, sanitary facilities, and any
resort buildings are adequately provided for in the form of ownership
and in the proposed fees and organizational responsibility.
Z.
The owner of the recreational unit occupied by the
resident manager shall be responsible for payment of permit fees established
by the local government with jurisdiction.
[Added 11-15-2006 by Ord. No. 06-10]
A.
Purpose. The purpose and intent of this section is
to provide a centralized listing of the procedures and standards of
operation for mineral extraction operations where they are approved
as conditional uses. Mineral extraction operations include but are
not limited to land uses involving the removal of soil, clay, sand,
gravel, rock, nonmetallic minerals, peat, or other related material.
Such operations may also include on-site processing of extraction
material if part of the application and conditional use permit approval.
Such operations shall not include relocation of materials required
for domestic use on the same lot or a contiguous lot under the same
ownership, approved on-site development grading, excavations within
public road rights-of-way or easements, agricultural grading, or any
soil removal activities on a hazardous waste site.
B.
Application: The application for the conditional use permit necessary to conduct a mineral extraction operation shall meet the standards described in §§ 305-28 and 305-31. In addition to the information required by §§ 305-28 and 305-31, the application shall also include the following:
(1)
A written description of the proposed operation,
including the types and quantities of the materials that would be
extracted; proposed dates to begin extraction, end extraction, and
complete reclamation; geologic composition and depth and thickness
of the mineral deposit; existing use of the land and proposed use
after reclamation; existing natural and archaeological features on
and adjacent to the site; where extracted materials would be hauled
and over what roads; types, quantities, and frequency of use of equipment
to extract, process, and haul; whether and how frequently blasting,
drilling, mining, crushing, screening, washing, refueling, fuel storage,
asphalt batching, or concrete mixing would be performed on site; description
and elevations of all temporary or permanent structures; proposed
hours and days of operation; any special measures that will be used
for spill prevention and control, dust control, or environmental protection;
and assurances that the site will be developed, operated, and reclaimed
in accordance with all approved plans and all county, state, and federal
regulations, including a listing of all applicable regulations.
(2)
A site/operations plan map, drawn to scale by
a qualified professional, and including site boundaries; existing
contour lines; existing roads, driveways, and utilities; existing
natural features including lakes, streams, floodplains, wetlands,
and shoreland areas; all residences and private and municipal wells
within 1,000 feet; location of the proposed extraction, staging areas,
fueling, fuel storage, and equipment storage areas; proposed location
and surfacing of roads, driveways, and site accesspoints; proposed
phasing plan, if any; proposed fencing of property and gating of accesspoints;
proposed locations of stockpiles; proposed location and types of screening
berms and landscaping; and proposed temporary and permanent structures,
including scales and offices.
(3)
An erosion control plan, drawn to scale by a
professional engineer, meeting all applicable local, state and county
requirements.
(4)
A reclamation plan prepared in accordance NR
135, Wis. Adm. Code., and meeting the following specifications:
(a)
Topsoil from the site shall be preserved and
used in reclamation.
(b)
Final slopes shall not be graded more than 3:1
except in a quarry operation.
(c)
The area shall be covered with topsoil and seeded
to prevent erosion.
(d)
The area shall be cleared of all debris and
left in a workmanlike condition subject to the approval of the Zoning
Administrator.
C.
Performance standards. The mineral extraction operation
shall, at a minimum, meet the following performance standards.
(1)
Shall comply with all applicable local, county,
state and federal regulations.
(2)
The Joint Committee or other approval authority may require a landscaped buffer yard, per the standards in § 305-117C.
(3)
The nearest edge of all buildings, structures,
and surface activity areas, including pit edges, shall be located
a minimum of 200 feet from all dwellings on adjacent properties, and
no less than 100 feet from any lot line.
(4)
To prevent tracking of mud onto public roads,
access driveways shall be paved within 100 feet of public roads, unless
the adjacent road is unpaved.
(5)
Access to the site shall only be through points
designated as entrances on the site/operations plan; such accesspoints
shall be secured when the site is not in operation.
(6)
Provisions for the upgrade, repair, and maintenance
of Village, town and county roads shall depend on the intensity of
the operation and the existing condition and capacity of such roads.
A bond or other performance guarantee for such work may be required,
provided that a clear relationship is established between the operation
and the need for road upgrades, repair, and maintenance. If any Village,
town or county road is damaged or destroyed as a result of owner's
operations, the owner shall restore or pay for the restoration of
the same to an acceptable condition and value. The owner shall have
the right to show and bear the burden of proof in showing that the
indicated damage was not the result of its operations.
(7)
Spraying of the site and driveways shall be
conducted to control dust.
(8)
On-site bulk fuel storage areas and appropriate
places for fueling of equipment (e.g., above the water table) shall
be located to minimize the potential for groundwater contamination
and in accordance with ILHR 10 and other chapters of the Wisconsin
Administrative Code and provisions of Wisconsin Statutes.
(9)
Hours or days of operation may be limited if
the extraction site is close to residential properties.
(10)
Expectations for any blasting, drilling, screening,
and asphalt batching shall be clearly understood, and separate acceptable
hours for these activities may be established. Blasting is also regulated
under § 101.15(2)(e), Wis. Stats., and COMM 8, Wis. Adm.
Code. The conditional use permit may specifically restrict such activities
from occurring if the conditional use permit standards cannot be met.
(11)
If blasting or drilling is requested, additional
standards or conditions may be applied with relation to frequency,
noise and vibration levels, notice to neighbors, preinspection of
neighboring basements and wells, and claims procedures in accordance
with ILHR 10 and other chapters of the Wisconsin Administrative Code.
(12)
Unless the extraction site is inaccessible,
the area of extraction shall be completely enclosed by a safety fence
or maintained at a slope not to exceed 3:1.
(13)
The applicant shall furnish a certificate of
insurance before operations commence.
(14)
Approval shall be subject to amendment or revocation
if noncompliance with approved plans, this section, or approval conditions
is identified.
(15)
Approval shall be subject to periodic review
of the operation to ensure compliance with the conditional use permit,
and to specific limitations over the portion of the lot or parcel
where extraction may occur.
[Added 11-15-2006 by Ord. No. 06-10;
amended 3-3-2020 by Ord. No. 20-03]
A.
Purpose. The purpose of this section is to provide a thorough and
consistent set of standards for the siting and installation of wireless
telecommunications facilities. The intent of these standards is to:
(1)
Protect the public health, safety, welfare, aesthetics and natural
environment of the community in such a manner that does not unduly
interfere with the placement and construction of said facilities.
(2)
Mitigate the potential for adverse visual impacts caused by
wireless telecommunications facilities through design and siting standards.
(3)
Ensure that a business environment characterized by high service
quality, competition and nondiscrimination prevails with regard to
wireless telecommunications services in the Village in a manner consistent
with state and federal law.
(4)
Establish a clear process for obtaining necessary permits for
wireless telecommunications facilities that adequately protects the
interests of the citizens of the community while minimizing the burden
of compliance to service providers.
(5)
Protect environmentally and aesthetically sensitive areas of
the Village by promoting their disguise, camouflage, screening or
other design treatments intended to minimize obtrusiveness.
(6)
Encourage the use of preexisting and/or multiple-use/multiple-antenna
support structures, such as buildings and water towers, as an alternative
to stand-alone, single-use, single-provider structures, and require
good-faith attempts to seek and allow collocation of facilities.
B.
Applicability. Wireless telecommunications facilities installed or legally permitted prior to November 15, 2006, shall not be required to meet the requirements contained herein. This section is intended to regulate communications towers and other telecommunications facilities, but not residential satellite dishes that are 36 inches or less in diameter, residential television antennas, amateur radio facilities, or signal-receiving antennas under § 305-60. This section shall not be construed as to override any additional, or more stringent, federal or State of Wisconsin requirements that may apply. These include, but are not limited to, any regulations or restrictions imposed by the State Bureau of Aeronautics, the Federal Communications Commission (FCC), or the Federal Aviation Administration (FAA).
C.
Submittal information. Each application for conditional use permit,
site plan approval, and/or building permit for an applicable telecommunications
facility shall include the following information:
(1)
The name and business address of, and the contact individual
for, the applicant.
(2)
The geographic location of the proposed or telecommunications
facility.
(3)
The placement of the proposed equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling, and associated equipment.
(4)
If the application is for a substantial modification to an existing
telecommunications facility or support structure, a construction plan
which describes the proposed modifications to the facility or support
structure and the equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
related equipment associated with the proposed modifications. "Substantial
modification" means the modification, including the mounting of an
antenna on an existing structure, that does any of the following:
(a)
For structures with an overall height of 200 feet or less, increases
the overall height of the structure by more than 20 feet.
(b)
For structures with an overall height of more than 200 feet,
increases the overall height of the structure by 10% or more.
(c)
Measured at the level of the appurtenance added to the structure
as a result of the modification, increases the width of the support
structure by 20 feet or more, unless a larger area is necessary for
collocation.
(d)
Increases the square footage of an existing equipment compound
to a total area of more than 2,500 square feet.
(5)
If the application is to construct a new communications tower,
a construction plan which describes the proposed mobile service support
structure and the equipment and network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling, and
related equipment to be placed on or around the new mobile service
support structure.
(6)
If an application is to construct a new communications tower,
an explanation as to why the applicant chose the proposed location
and why the applicant did not choose collocation, including a sworn
statement from an individual who has responsibility over the placement
of the mobile service support structure attesting that collocation
within the applicant's search ring would not result in the same mobile
service functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider.
(7)
Evidence and information to indicate compliance or intent to
obtain compliance with other applicable provisions of this section
and chapter.
D.
Regulations.
(1)
Each telecommunications facility and modification thereto shall
be erected and installed in accordance with the state electrical code
adopted by reference in the National Electrical Safety Code, Federal
Communications Commission and the instructions of the manufacturer.
In cases of conflict, the stricter requirements shall govern.
(2)
If an application is to construct a new communications tower,
the Village may consult with a third party to verify that collocation
on an existing communication tower or other support structure within
the applicant's search ring would not result in the same mobile service
functionality, coverage, and capacity; is technically infeasible;
or is economically burdensome to the mobile service provider. All
costs and expenses associated with such consultation shall be borne
by the applicant, except for travel expenses. Failure to pay such
costs and expenses or provide related information to the third party
consultant shall be grounds for denial of the conditional use permit.
(3)
Each communication tower shall be placed or constructed so it
can be utilized for the collocation of additional antenna arrays to
the extent technologically and economically feasible. The Village
shall, unless it is shown to be unreasonable, condition the granting
of each conditional use permit upon the applicant placing or constructing
the communication tower to accommodate the collocation of two additional
antenna arrays similar in size and function to that placed on the
tower by the applicant. Collocation sites need not be available on
the tower as initially placed or constructed, provided that the tower
will support the later addition of the required number of collocation
sites. The holder of each permit shall make the collocation sites
required hereunder available for the placement of technologically
compatible antenna arrays and equipment upon contractual provisions
that are standard in the industry and at prevailing market rates allowing
the permit holder to recoup the cost of providing the collocation
sites and a fair return on investment.
(4)
Each telecommunications facility and associated equipment shall,
to the extent determined possible by the Zoning Administrator, match
the color of existing facilities and be installed in a fashion to
lessen the visual impacts of such installation. Accessory buildings,
if required, shall be constructed to be compatible with the surrounding
or adjacent buildings by virtue of their design, materials, textures,
and colors.
(5)
In conjunction with the installation of new communication towers and ground-mounted buildings or equipment totaling 300 square feet or greater, the applicant shall provide a buffer yard meeting the requirements of § 305-135C(4) along all property borders abutting residentially zoned property. Other landscaping requirements of Article XVII shall also apply.
(6)
A new or amended conditional use permit and site plan shall
be required for a substantial modification to an existing communication
tower or other support structure. Neither a conditional use permit
nor site plan approval shall be required for any modification including
collocation that is not defined as a "substantial modification," but
a building permit shall be required.
(7)
Prior to the issuance of a building permit for a telecommunications
facility under this section, the applicant shall provide a written
agreement stating that if the communications tower, antennas, or transmitters
are unused for a period exceeding 12 months, the applicant shall remove
the tower, antennas, or transmitters upon written request from the
Zoning Administrator at no cost to the Village within 60 days of such
request. If such listed items are not removed within 60 days of such
notification, the Village may remove the items at the expense of the
holder of the conditional use permit. Within 30 days of the date on
which the tower use ceases, the permit holder shall provide the Village
with written notice of the cessation of use. A performance bond or
deposit of $20,000 shall be required to ensure compliance with all
applicable requirements for removal of the facility and all associated
equipment.
(8)
The owner of any communications tower shall maintain insurance
against liability for personal injury, death, or property damage caused
by the use, maintenance, operation and/or failure of the communications
tower and accessory structures with a single combined limit of not
less than $1,000,000 per occurrence. The policy shall contain a provision
that it may not be canceled or materially modified without the approval
of the Village. The owner shall provide the Village with a certificate
of such insurance before issuance of a building permit and upon each
policy renewal thereafter.
(9)
Upon written inquiry from the Village, the recipient of a conditional
use permit under this subsection shall have the burden of presenting
credible evidence establishing the continued compliance with the approved
plans and all conditions placed upon the conditional use permit. Failure
to establish compliance with the approved plans and all conditions
placed upon the conditional use permit shall be grounds for revocation
of the permit. If the Village determines that it is necessary to consult
with a third party to ascertain compliance with conditions on a conditional
use permit, all costs and expenses associated with such consultation
shall be borne by the holder of the subject conditional use permit,
except for travel expenses. Failure to pay such costs and expenses
or provide information requested by the Village shall be grounds for
revocation of the conditional use permit.
(10)
Upon written inquiry from the Village, any owner or operator
of a communications tower shall provide information on the tower,
including but not limited to available sites on the tower for potential
collocators, evidence that such collocation sites are in fact available
for the placement of technologically compatible antenna arrays and
equipment upon contractual provisions that are standard in the industry
and at prevailing market rates allowing the tower owner to recoup
the cost of providing the collocation sites and a fair return on investment;
contact information for future collocation inquiries that the Village
may receive; and number and placement of antenna arrays and ground-mounted
equipment, type of service provided (e.g., LTE), contact information,
and expiration dates of user agreements or leases associated with
all current users of the tower.
(11)
In its evaluation of any permit or plan approval for a communications
tower, the limitations under the applicable §§ 66.0404(4)
and 66.0406(2), Wis. Stats., shall apply.
