The development and execution of this article
are based upon the division of the Town into districts, within which
districts the use of land and buildings and bulk and location of buildings
and structures in relation to the land are mutually compatible and
substantially uniform. However, there are certain uses which, because
of their unique characteristics, cannot be properly classified as
unrestricted permitted uses in any particular district or districts
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities and of the public need for the
particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses.
A.
The Town Board may authorize the Zoning Administrator
to issue a conditional use permit for a conditional use after review,
public hearing and advisory recommendation from the Plan Commission,
provided that such conditional use and involved structure(s) are found
to be in accordance with the purpose and intent of this Zoning Code
and are further found to be not hazardous, harmful, offensive or otherwise
adverse to the environment or the value of the neighborhood or the
community. Such Board resolution, and the resulting conditional use
permit, when for limited conditional use, shall specify the period
of time for which effective, if specified, the name of the permittee,
the location and legal description of the affected premises. Prior
to the granting of a conditional use, the Plan Commission shall make
findings based upon the evidence presented that the standards herein
prescribed are being complied with.
B.
Any development within 500 feet of the existing or
proposed rights-of-way of freeways and expressways and within 1/2
mile of their existing or proposed interchange or turning lane rights-of-way
shall be specifically reviewed by the highway agency that has jurisdiction
over the trafficway. The Plan Commission shall request such review
and await the highway agency's recommendation for a period not to
exceed 20 days before taking final action.
C.
Conditions such as landscaping, architectural design,
type of construction, construction commencement and completion dates,
sureties, lighting, fencing, planting screens, operation control,
hours of operation, improved traffic circulation, deed restrictions,
highway access restrictions, increased yards or parking requirements
may be required by the Town Board upon its finding that these are
necessary to fulfill the purpose and intent of this chapter.
D.
Compliance with all other provisions of this chapter,
such as lot width and area, yards, height, parking, loading, traffic,
highway access and performance standards, shall be required of all
conditional uses.
Any person, firm, corporation or organization
having a freehold interest or a possessory interest entitled to exclusive
possession, or a contractual interest which may become a freehold
interest, or an exclusive possessory interest, and which is specifically
enforceable in the land for which a conditional use is sought, may
file an application to use such land for one or more of the conditional
uses provided for in this article in the zoning district in which
such land is located.
Applications for conditional use permits shall
be made in duplicate to the Zoning Administrator on forms furnished
by the Town and shall include the following:
A.
Names and addresses of the applicant, owner of the
site, architect, professional engineer, contractor and all opposite
and abutting property owners of record.
B.
Description of the subject site by lot, block and
recorded subdivision or by metes and bounds; address of the subject
site; type of structure; proposed operation or use of the structure
or site; number of employees; and the zoning district within which
the subject site is located. For 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 or animal life. This additional information may include plans,
certified by a registered professional engineer or land surveyor,
showing elevations or contours of the ground; fill or storage elevations;
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; photographs
showing existing land uses and vegetation upstream and downstream;
soil types; and other pertinent information.
C.
A location sketch drawn to scale showing all the information
required for a zoning permit and, in addition, the mean and historic
high-water lines and floodlands on or within 40 feet of the subject
premises and existing and proposed landscaping.
D.
Additional information as may be required by the Town
Plan Commission or Zoning Administrator.
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 Town 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 § 380-39 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 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.
A.
Hearing. 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 Town 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 Town Board
and Plan Commission, and the owners of record as listed in the office
of the Town Assessor who are owners of property in whole or in part
situated within 200 feet of the boundaries of the properties affected,
said notice to be sent at least 10 days prior to the date of such
public hearing.
B.
Report of Plan Commission. The Plan Commission shall
report its advisory recommendations to the Town Board within 30 days
after a matter has been referred to it. If such action has not been
reported by the Plan Commission within 30 days, the Town Board can
act without such recommendation.
[Added 8-21-2023 by Ord. No. Z2023.08.01]
A.
Approval required. These procedures apply to livestock facilities
that require a conditional use permit under this chapter.
B.
Permits for existing livestock facilities.
(1)
A permit is required for the expansion of a preexisting or previously
approved livestock facility if the number of animal units kept at
the expanded livestock facility will exceed all the following:
(a)
The applicable size threshold for a conditional use permit established
in the zoning district where the facility is located.
(b)
The maximum number previously approved or, if no maximum number
was previously approved, a number that is 20% higher than the number
kept on May 1, 2006, or on the effective date of the permit requirement,
whichever date is later.
(2)
A permit is not required for a livestock facility that existed before May 1, 2006, or before the effective date of the permit requirement in this chapter except as provided in Subsection B(1).
(3)
A permit is not required for a livestock facility that was previously issued a conditional use permit or other local approval except as provided in Subsection B(1). A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, except as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility.
C.
Application procedure. A livestock operator must complete the application
and worksheets prescribed by Ch. ATCP 51, Wis. Adm. Code, including
any authorized local modifications. The application requirements specified
in Ch. ATCP 51, Wis. Adm. Code, are incorporated by reference, without
reproducing them in full. The application form and worksheets establish
compliance with the standards in Ch. ATCP 51, Wis. Adm. Code, and
this chapter. The operator must file four duplicate copies of the
application form, including worksheets, maps, and documents (other
than engineering design specifications) included in the application.
D.
Application fee. A nonrefundable application as listed in the Town
of Trenton Official Fee Schedule shall accompany any application.
E.
Application review procedure.
(1)
Within 45 days after the Town receives an application, it shall
notify the applicant whether the application is complete. If the application
is not complete, the notice shall describe the additional information
needed. Within 14 days after the applicant provides all the required
information, the Town shall notify the applicant that the application
is complete. This notice does not constitute an approval of the proposed
livestock facility.
(2)
Within 14 days after the Town notifies an applicant that the
application is complete, the Town shall notify landowners within 2,000
feet of the applicant's property. The Town shall use the approved
notice form in Ch. ATCP 51, Wis. Adm. Code, and mail a written notice
to each landowner.
(3)
The Town shall grant or deny an application within 90 days after the notice of a complete application is provided as required by Subsection E(2) above. The Town may extend this time limit for good cause, including any of the following:
(a)
The Town needs additional information to act on the application.
(b)
The applicant materially modifies the application or agrees
to an extension. The Town shall give written notice of any extension.
The notice shall specify the reason for the extension, and the extended
deadline date by which the Town will act on the application.
F.
Public hearing. The Town shall schedule a public hearing on the application
within 90 days after issuing notice of a complete application.
H.
Criteria for issuance of a permit.
(1)
A permit shall be issued if the application for the proposed
livestock facility contains sufficient credible information to show,
in the absence of clear and convincing information to the contrary,
that the proposed livestock facility meets the standards specified
in this chapter.
(2)
A permit may be denied if any of the following apply:
(a)
The application, on its face, fails to meet the standard for
approval.
(b)
The political subdivision finds, based on other clear and convincing
information in the record, that the proposed livestock facility does
not comply with applicable standards in this chapter.
(c)
Other grounds authorized by § 93.90, Wis. Stats.,
that warrant disapproving the proposed livestock facility.
(3)
No conditions may be imposed on the permit other than standards
provided in this chapter.
I.
Record of decision.
(1)
The Town Board shall issue its decision in writing. Its decision
shall be based on written findings of fact supported by evidence in
the record.
(2)
If a permit is approved, the applicant shall receive a duplicate
copy of the approved application, marked "approved." The duplicate
copy must include worksheets, maps, and other documents (other than
engineering specifications) included in the application.
J.
Notice to the DATCP. The Town Clerk (as required by § ATCP
51.36, Wis. Adm. Code) within 30 days of the Town/county decision
on the application shall:
(1)
Submit written notice to the Department of Agriculture, Trade
and Consumer Protection of the Town's decision.
(2)
File with the DATCP a copy of the final application granted
or denied if the Town has granted or denied an application under this
chapter. The copy shall include all the worksheets, maps and other
attachments included in the application, except that it is not required
to include the engineering design specifications.
(3)
If the Town has withdrawn a local approval under this chapter,
file with DATCP a copy of the final notice or order withdrawing the
local approval.
K.
Expiration of permit. A permit remains in effect regardless of the
amount of time that elapses before the livestock operator exercises
the authority granted under the permit, and regardless of whether
the livestock operator exercises the full authority granted by the
approval. However, the Town Board may treat a permit as lapsed and
withdraw the permit if the permit holder fails to do all the following
within two years after issuance of permit:
L.
Permit modifications. The operator may make reasonable changes that
maintain compliance with the standards in this chapter, and the Town
Board shall not withhold authorization for those changes.
M.
Compliance monitoring. The Town Board shall monitor compliance with
this chapter as follows:
(1)
Upon notice to the livestock facility owner, the Zoning Administrator
or designee may request to personally view the permitted facility
at a reasonable time and date to ensure that the owner is complying
with all commitments of the application as approved.
(2)
If the livestock facility owner refuses the Zoning Administrator
the right to view the permitted facility, the Zoning Administrator
may obtain a special inspection warrant from the circuit court to
inspect the permitted facility for the purpose of protection of the
public health and safety under § 66.0119, Wis. Stats.
(3)
If a permitted facility is found to be in violation of the commitments
made in the approved application, the Zoning Administrator shall issue
written notice to the livestock facility owner stating the violations
and directing the owner to comply with the commitments of the approved
application within a reasonable amount of time stated in this written
notice.
(4)
If noncompliance of the permit conditions as described in the
written notice given by the Zoning Administrator continue past the
stated reasonable time to comply, the Zoning Administrator may take
further action as provided in this chapter, including but not limited
to issuance of a citation or seeking injunctive relief.
(5)
If the livestock facility owner disputes that the conditions
of the permit have not been complied with, the livestock facility
owner may request a hearing, in writing, within 14 days of receipt
of the notice of noncompliance. The Town Board shall schedule a hearing
within 30 days to determine whether violations of the permit conditions
exist.
N.
Terms of the permit. A permit and the privileges granted by a permit
issued under this chapter is conditioned on the livestock operator's
compliance with the standards in this chapter, and with commitments
made in the application for a permit. The Town is authorized to suspend
a permit or seek other redress provided in this chapter for noncompliance.
O.
Transferability. A permit and the privileges granted by the permit
run with land, and remain in effect, despite a change in ownership
of the livestock facility, if the new operator does not violate the
terms of the local approval. An applicant may record with the Register
of Deeds, at the applicant's expense, the duplicate copy of the
approved application. Upon change of ownership of the livestock facility,
the new owner of the facility shall file information with the Town
Clerk providing pertinent information, including but not limited to
such information as the name and address of the new owner and date
of transfer of ownership.
P.
ADJACENT
AGRICULTURAL USE
ANIMAL UNIT
COMPLETE APPLICATION FOR LOCAL APPROVAL
DATCP
EXPANDED LIVESTOCK FACILITY
(1)
EXPANSION
LIVESTOCK
LIVESTOCK FACILITY
LIVESTOCK STRUCTURE
NAVIGABLE WATERS
NEW LIVESTOCK FACILITY
OPERATOR
PERSON
POPULATE
PROPERTY LINE
QUALIFIED NUTRIENT MANAGEMENT PLANNER
RELATED LIVESTOCK FACILITIES
(1)
(a)
(b)
(c)
(2)
SEPARATE SPECIES FACILITY
(1)
(2)
(3)
(4)
(a)
(b)
WASTE
WASTE STORAGE FACILITY
WASTE STORAGE STRUCTURE
WINTER GRAZING AREA
(1)
(2)
(3)
(4)
WPDES PERMIT
Definitions. The following definitions shall apply to this section
of the Code and any other subsection referencing approvals which would
be granted pursuant to this section.
Located on land parcels that touch each other, or on land
parcels that are separated only by a river, stream, or transportation
or utility right-of-way.
Beekeeping, commercial feedlots, dairying, egg production,
floriculture, fish or fur farming, forest and game management, grazing,
livestock raising, orchards, plant greenhouses and nurseries, poultry
raising, raising of grain, grass, mint and seed crops, raising of
fruits, nuts and berries, sod farming, placing land in federal programs
in return for payments in kind, owning land, at least 35 acres of
which is enrolled in the conservation reserve program under 16 U.S.C.
§§ 3831 to 3836, participating in the milk production
termination program under 7 U.S.C. § 1446(d), and vegetable
raising.
Has the meaning given in § NR 243.03(3), Wis. Adm.
Code, as of April 27, 2004.
An application that contains everything required under § ATCP
51.30(1) to (4), Wis. Adm. Code.
The Department of Agriculture, Trade, and Consumer Protection.
The entire livestock facility that is created by the expansion,
after May 1, 2006. "Expanded livestock facility" includes all livestock
structures in the expanded facility, regardless of whether those structures
are new, existing, or altered.
Note: This chapter applies to local approvals of new or expanded
livestock facilities that will have 500 or more animal units (or will
exceed a lower permit threshold incorporated in a local zoning ordinance
prior to July 19, 2003). See § ATCP 51.02, Wis. Adm. Code.
Although this chapter covers all livestock structures in an expanded
livestock facility, existing structures are subject to less rigorous
standards than new or expanded structures and are completely exempt
from certain requirements.
An increase in the largest number of animal units kept at
a livestock facility on at least 90 days in any twelve-month period.
The acquisition of an existing livestock facility, by the operator
of an adjacent livestock facility, does not constitute an expansion
unless that operator increases the largest number of animal units
kept at the combined livestock facilities for at least 90 days in
any twelve-month period.
Domestic animals traditionally used in this state in the
production of food, fiber, or other animal products. "Livestock" includes
cattle, swine, poultry, sheep, and goats. "Livestock" does not include
equine animals, bison, farm-raised deer, fish, captive game birds,
ratites, camelids, or mink.
A feedlot, dairy farm, or other operation where livestock
are or will be fed, confined, maintained, or stabled for a total of
45 days or more in any twelve-month period. A "livestock facility"
includes all the tax parcels of land on which the facility is located
but does not include a pasture or winter grazing area. Related livestock
facilities are collectively treated as a single livestock facility
for purposes of this chapter, except that an operator may elect to
treat a separate species facility as a separate livestock facility.
A building or other structure used to house or feed livestock,
to confine livestock for milking, to confine livestock for feeding
other than grazing, to store livestock feed, or to collect or store
waste generated at a livestock facility. "Livestock structure" includes
a barn, milking parlor, feed storage facility, feeding facility, animal
lot or waste storage facility. "Livestock structure" does not include
a pasture or winter grazing area, a fence surrounding a pasture or
winter grazing area, a livestock watering or feeding facility in a
pasture or winter grazing area, or a machine shed or like facility
that is not used for livestock.
Has the meaning given in § 30.01(4m), Wis. Stats.
A livestock facility that will be used as a livestock facility
for the first time, or for the first time in at least five years.
"New livestock facility" does not include an expanded livestock facility
if any portion of that facility has been used as a livestock facility
in the preceding five years.
A person who applies for or holds a local approval for a
livestock facility.
An individual, corporation, partnership, cooperative, limited-liability
company, trust, or other legal entity.
To add animal units for which a permit or other local approval
is required.
A line that separates parcels of land owned by different
persons.
A person qualified under § ATCP 50.48, Wis. Stats.
Livestock facilities that are owned or managed by the same person,
and related to each other in at least one of the following ways:
They are located on the same tax parcel or adjacent tax parcels
of land. Note: A mere acquisition of a neighboring livestock facility
does not constitute an expansion unless more animal units are added
to the combined facilities.
They use one or more of the same livestock structures to collect
or store manure.
At least a portion of their manure is applied to the same land
spreading acreage.
Note: Compare definition of "animal feeding operation" under
§ NR 243.03(2), Wis. Adm. Code. Related livestock facilities
are treated as a single livestock facility for purposes of local approval,
except that a separate species facility may be treated as a separate
livestock facility.
A livestock facility that meets all the following criteria:
It has no more than 500 animal units.
Its livestock housing and manure storage structures, if any,
are separate from the livestock housing and manure storage structures
used by livestock facilities to which it is related.
It meets one of the following criteria:
Its livestock housing and manure storage structures, if any,
are located at least 750 feet from the nearest livestock housing or
manure storage structure used by a livestock facility to which it
is related.
It and the other livestock facilities to which it is related
have a combined total of fewer than 1,000 animal units.
Manure, milking center waste and other organic waste generated
by a livestock facility.
One or more waste storage structures. "Waste storage facility"
includes stationary equipment and piping used to load or unload a
waste storage structure if the equipment is specifically designed
for that purpose and is an integral part of the facility. "Waste storage
facility" does not include equipment used to apply waste to land.
A waste storage impoundment made by constructing embankments,
excavating a pit or dugout, or fabricating a structure. "Waste storage
structure" does not include equipment used to apply waste to land.
For purposes of §§ ATCP 51.12(2) and 51.14, Wis. Adm.
Code, "waste storage structure" does not include any of the following:
Cropland or pasture where livestock feed on dormant vegetation
or crop residue, with or without supplementary feed, during the period
October 1 to April 30. "Winter grazing area" does not include any
of the following:
An area, other than a pasture, where livestock are kept during
the period from May 1 to September 30.
An area which at any time has an average of more than four livestock
animal units per acre.
An area from which livestock have unrestricted access to navigable
waters of the state, such that the livestock access prevents adequate
vegetative cover on banks adjoining the water.
An area in which manure deposited by livestock causes nutrient
levels to exceed standards in Ch. ATCP 51.16, Wis. Adm. Code.
A Wisconsin pollutant discharge elimination system permit
issued by DNR under Ch. NR 243, Wis. Adm. Code.
A.
No application for a conditional use shall be recommended
for approval by the Plan Commission or granted by the Town Board unless
such Commission and Board shall find all of the following conditions
are present:
(1)
The establishment, maintenance or operation of the
conditional use will not be detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
(2)
The uses, values and enjoyment of other property in
the neighborhood for purposes already permitted shall be in no foreseeable
manner substantially impaired or diminished by the establishment,
maintenance or operation of the conditional use and the proposed use
is compatible with the use of adjacent land.
(3)
The establishment of the conditional use will not
impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
(4)
Adequate utilities, access roads, drainage and other
necessary site improvements have been or are being provided.
(5)
Adequate measures have been or will be taken to provide
ingress and egress so designed as to minimize traffic congestion in
the public streets.
(6)
The conditional use shall, except for yard requirements,
conform to all applicable regulations of the district in which it
is located.
(7)
The proposed use does not violate floodplain regulations
governing the site.
B.
When applying the above standards to any new construction
of a building or an addition to an existing building, the Plan Commission
and Board shall bear in mind the statement of purpose for the zoning
district such that the proposed building or addition at its location
does not defeat the purposes and objective of the zoning district.
C.
In addition to passing upon a conditional use permit,
the Plan Commission and Board shall also evaluate the effect of the
proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including
sedimentation.
(3)
Existing topographic and drainage features and vegetative
cover on the site.
(4)
The location of the site with respect to floodplains
and floodways of rivers and streams.
(5)
The erosion potential of the site based upon degree
and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing
or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the
adequacy of the proposed disposal systems.
When a denial of a conditional use application
is made, the Town Board shall furnish the applicant, in writing when
so requested, those standards that are not met and enumerate reasons
the Town Board has used in determining which standards were not met.
The following conditions shall apply to all
conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Town Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in § 380-42 above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking;
(18)
Duration of conditional use; or
(19)
Any other requirements necessary to fulfill
the purpose and intent of this chapter.
B.
Site review. In making its recommendation, the Plan
Commission shall evaluate each application and may request assistance
from any source which can provide technical assistance. The Commission
shall review the site, existing and proposed structures, architectural
plans, neighboring uses, parking areas, driveway locations, highway
access, traffic generation and circulation, drainage, sewerage and
water systems and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a
conditional use shall be permitted unless approved by the Town Board
after recommendation from the Plan Commission. Changes subsequent
to the initial issuance of a conditional use permit which would result
in a need to change the initial conditions shall require an amendment
to the conditional use permit. Enlargement of a conditional use shall
not be considered an amendment. The process for amending a permit
shall generally follow the procedures for granting a permit as set
forth herein.
D.
Architectural treatment. Proposed architectural treatment
will be in general harmony with surrounding uses and the landscape.
To this end, the Town Board may require the use of certain general
types of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed
6% and/or where a use is proposed to be located on areas indicated
as having soils which are unsuitable or marginal for development,
on-site soil tests and/or construction plans shall be provided which
clearly indicate that the soil conditions are adequate to accommodate
the development contemplated and/or that any inherent soil condition
or slope problems will be overcome by special construction techniques.
Such special construction might include, among other techniques, terracing,
retaining walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements.
Conditional uses shall comply with all other provisions of this chapter
such as lot width and area, yards, height, parking and loading.
G.
Special notification in agricultural districts. A
notification of each conditional use permit granted in the EA or AT
District shall be transmitted to the Wisconsin Department of Agriculture,
Trade and Consumer Protection.
Where the Town Board has approved or conditionally
approved an application for a conditional use, such approval shall
become null and void within 12 months of the date of the Board's action
unless the use is commenced, construction is underway or the current
owner possesses a valid building permit under which construction is
commenced within six months of the date of issuance and which shall
not be renewed unless construction has commenced and is being diligently
prosecuted. Approximately 45 days prior to the automatic revocation
of such permit, the Zoning Administrator shall notify the holder by
certified mail of such revocation. The Board may extend such permit
for a period of 90 days for justifiable cause, if application is made
to the Town Board at least 30 days before the expiration of said permit.
A.
The Town Board shall retain continuing jurisdiction
over all conditional uses for the purpose of resolving complaints
against all previously approved conditional uses. Such authority shall
be in addition to the enforcement authority of the Zoning Administrator
to order the removal or discontinuance of any unauthorized alterations
of an approved conditional use and the elimination, removal or discontinuance
of any violation of a condition imposed prior to or after approval
or violation of any other provision of this Code.
B.
Should a permit applicant, his heirs or assigns fail
to comply with the conditions of the permit issued by the Town Board
or should the use or characteristics of the use be changed without
prior approval by the Town Board, the conditional use permit may be
revoked.
C.
Upon written complaint by any citizen or official, the Town Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 380-42 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 § 380-41 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Town Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 380-42 or conditions previously imposed by the Town Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that Subsection A(1) and (2) in § 380-42 will be met, the Town Board may revoke the subject conditional approval and direct the Zoning Administrator and the Town Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Town Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
The following public and semipublic uses shall
be conditional uses and may be permitted as specified:
A.
Airports, airstrips and landing fields in the I-1
and I-2 Institutional Districts, the M-1 Industrial District and A-1
Agricultural District, provided that the site is not less than 20
acres.
B.
Governmental and cultural uses such as fire and police
stations, community centers, libraries, public emergency shelters,
parks, playgrounds and museums in all residential and business districts,
in the M-1 Industrial District and in the P-1 Park District.
C.
Utility substations, pumping stations and towers in
all districts, provided that all principal structures and uses are
not less than 50 feet from any residential district lot line.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
D.
Water treatment facilities in the I-1 and I-2 Institutional
Districts and the M-1 Industrial District.
E.
Public passenger transportation terminals, such as
heliports and bus and rail depots, but excluding airports, airstrips
and landing fields, in all business districts and in the M-1 Industrial
District, provided that all principal structures and uses are not
less than 100 feet from any residential district boundary.
F.
Public, parochial and private elementary and secondary
schools and churches in all residential districts and the P-1 Park
District, provided that the lot area is not less than two acres and
all principal structures and uses are not less than 50 feet from any
lot line.
G.
Penal and correctional institutions, houses in the
I-1 Institutional District, provided that the site is not less than
five acres and does not abut upon a residential property.
H.
Cemeteries and crematories in the I-1 and I-2 Institutional
Districts, provided that no structure is located closer than 50 feet
to any lot line.
The following residential and quasi-residential
uses shall be conditional uses and may be permitted as specified:
A.
Clubs, fraternities, lodges and meeting places of
a noncommercial nature in any residential district and the I-1 and
I-2 Institutional Districts.
B.
Rest homes, housing for the elderly at a density of
not more than 16 units per acre, clinics and children's nurseries
in the R-7 Two-Family Residential District and the I-2 Institutional
District, provided that all principal structures and uses are not
less than 50 feet from any lot line.
C.
Additional residential dwellings, in excess of the
two permitted by right, for a child or parent of a farm operator in
the EA, AT and A-1 Agricultural Districts, provided that the farm
operator shall show a need for the additional dwelling units to the
satisfaction of the Town Board and such dwellings are located on a
lot not less than 40,000 square feet in area having a lot width of
not less than 125 feet.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
D.
Conversion of a single-family farm dwelling to a two-family
dwelling in the A-1, AT and EA Agricultural Districts, provided that:
E.
Accessory apartments in the EA, AT and A-1 Agricultural
Districts, the R-1, R-2, R-3 and R-4 Residential Districts and the
I-1 and I-2 Institutional Districts, provided that:
(1)
The principal dwelling has a minimum living area of
1,200 square feet, excluding the accessory dwelling unit;
(2)
The dwelling unit is owner-occupied;
(3)
There may be only one accessory apartment per dwelling
unit;
(4)
The accessory apartment shall have a minimum living
area of 600 square feet and no more than one bedroom; and
(5)
The accessory apartment shall be occupied by a person
related to the owner of the principal dwelling unit by blood, marriage
or adoption.
F.
Bed-and-breakfast establishments in the EA, AT and
A-1 Agricultural Districts, the R-1, R-2, R-3 and R-4 Residential
Districts, and the I-1 and I-2 Institutional Districts, provided that
no more than four bedrooms are rented, that adequate off-street parking
is provided, and that any permit required by § 254.64(1)(b),
Wis. Stats., has been secured. One exterior advertising sign, not
exceeding two square feet in area, may be erected on the premises.
G.
Community living arrangements for nine or more residential
units in the R-1, R-2, R-3 and R-4 Residential Districts.
H.
Beauty and barber shops and dog grooming in all residential
districts.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
I.
Home occupations and professional home offices in all residential and country estate districts meeting the standards of § 380-56.
J.
Landscaping, lawn care, masonry, carpenter/contractor,
and other businesses which may utilize off-site workers/employees
in any residential, agricultural or country estate district may do
so, provided that they are not employed on the premises and they do
not visit the residence during the course of business. Employees shall
not report to the residence for work orders or other business reasons.
No materials, supplies or equipment to be used in other locations
can be stored at the residence in which the home occupation is operated.
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
The following commercial uses shall be conditional
uses and may be permitted as specified:
A.
Drive-in theaters. Drive-in theaters in the B-2 Business
District, provided that a planting screen at least 25 feet wide is
created along any side abutting a residential district and no access
is permitted to or within 1,000 feet of an arterial street.
B.
Funeral homes. Funeral homes in the B-1 and B-2 Business
Districts and the I-1 and I-2 Institutional Districts, provided that
all principal structures and uses are not less than 25 feet from any
lot line.
C.
Drive-in banks. Drive-in banks in the B-1 and B-2
Business Districts.
D.
Transmission towers. Radio and television transmitting
towers, receiving towers, relay and microwave towers and broadcast
studios in the B-2 Business and M-1 Industrial Districts and I-1 and
I-2 Institutional Districts.
E.
Equipment rental. Equipment rental in the B-1 and
B-2 Business Districts and the M-1 Industrial District.
F.
Service stations. Gasoline service stations in the
B-1 Business District, provided that all service islands and pumps
shall be set back at least 20 feet from the street right-of-way.
G.
Automotive body repair. Automotive body repair in
the B-2 Business District, provided that any outside storage areas
shall be surrounded by a solid fence or evergreen plating screen preventing
a view from any residential, park or institutional district.
H.
Self-storage warehouses/mini warehouses. Self-storage
warehouses/mini warehouses in the B-1 and B-2 Business Districts.
All self-storage warehouses or mini warehouses shall have side walls
not to exceed 14 feet.
[Added 11-15-2005; amended 2-6-2007 by Ord. No. 2-1-2007]
I.
Construction contractors' shops and yards. Construction
contractors' shops and yards in the B-1 and B-2 Business Districts.
[1]
Editor's Note: Former Subsection J, Adult entertainment establishments,
as amended, which immediately followed this subsection, as amended,
was repealed 5-15-2012 by Ord. No. 2012-02.
The following industrial and agricultural uses
shall be conditional uses and may be permitted as specified:
A.
Specialized agriculturally related uses such as sawmills,
fur farms, stables, paddocks and equestrian trails in the EA Agricultural
District.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
B.
Business-involved servicing of farm machinery in the
EA Agricultural District.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
C.
Veterinary offices and clinics intended to service
farm animals in the EA Agricultural District.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
D.
Animal hospitals in any business or industrial district, provided that all principal structures and uses are not less than 100 feet from any residential use. Parcels in A-1 zoning must be a minimum of 20 acres in size to seek a conditional use permit under § 380-50.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
E.
Commercial raising and propagation of animals such as dogs, cats, mink, rabbits, and foxes in the EA, AT, and A-1 Agricultural Districts. Parcels in A-1 zoning must be a minimum of 20 acres in size to seek a conditional use permit under § 380-50.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
F.
Business of boarding of animals such as horses and dogs in the EA, and A-1 Agricultural Districts. Parcels in A-1 zoning must be a minimum of 20 acres in size to seek a conditional use permit under § 380-50.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
G.
Dumps, disposal areas, incinerators and sewage treatment
plants in the M-1 Industrial District.
H.
Recycling centers in the M-1 Industrial District and
the I-1 Institutional District.
I.
Manufacturing and processing of abrasives, acetylene,
acid, alcoholic beverages, alkalis, ammonia, asphalt, batteries, bedding,
bleach, candles, celluloid, cement, charcoal, chlorine, cordage, creosote,
dextrine, disinfectant, dry ice, dyes, excelsior, felt, fertilizer,
gelatin, glucose, glue, ice, ink, insecticide, lime, linoleum, matches,
oil cloth, paint, paper, perfume, plastics, poison, polish, potash,
pulp, rope, rubber, size, shellac, soap, starch, stove polish, turpentine,
varnish, vinegar and yeast in the M-1 Industrial District.
J.
Processing of bone, alcoholic beverage bottling, building
materials, cement products, cereals, chemicals, coffee, coke, fat,
flammables, food products, fuel, furs, gasoline, grains, hair products,
lard, lime products, meat, peas, pickles, plaster of paris and textiles
in the M-1 Industrial District.
K.
Storage of building materials, ice, dry ice, flammables,
gasoline, grains, paint, shellac, fat, lard, turpentine, vinegar and
yeast in the M-1 Industrial District. Outside storage areas shall
be surrounded by a solid fence or evergreen planting screen capable
of completely preventing a view from any other property or public
right-of-way and shall be at least 600 feet from residential, institutional
or park districts.
L.
Bag cleaning facilities; bleacheries; canneries; cold
storage warehouses; electric and steam generating plants; electroplating;
enameling; lacquering; lithographing; oil, coal and bone distillation;
refineries; road test facilities; and weaving facilities in the M-1
Industrial District and shall be at least 600 feet from any residential,
institutional or park districts.
M.
Freight yards, freight terminals and transshipment
depots in the M-1 Industrial District.
N.
Commercial service facilities, such as restaurants
and fueling stations, in the M-1 Industrial District, provided that
all such services are physically and saleswise oriented toward industrial
district users and employees and that other users are only incidental
customers.
O.
Alternative agricultural activities limited to barn weddings, barn wedding receptions, private barn receptions and corporate barn parties in the EA, and A-1 Agricultural Districts. Parcels zoned A-1 Agricultural District must be a minimum of 20 acres in size. Parcels in A-1 zoning must be a minimum of 20 acres in size to seek a conditional use permit under § 380-50.
[Added 3-15-2016 by Ord.
No. Z2-2016-01; amended 11-19-2019 by Ord. No. Z2019-11-02]
P.
Breeding
of Bengal cats and Bengal kittens in M-1 Industrial Zoning.
[Added 9-20-2022 by Ord. No. Z2022.09.01]
Q.
Livestock
facilities over 1,000 animal units in the AE District.
[Added 8-21-2023 by Ord. No. Z2023.08.01]
The following earthmoving and mineral extraction
uses shall be conditional uses and may be permitted as specified:
A.
Soil removal. Topsoil and sod removal and sale are
a conditional use and may be permitted in any district except the
EA and AT Agricultural Districts. The Plan Commission shall require
the use of adequate soil erosion control measures to prevent pollution
of surface waters caused by runoff.
B.
Mineral extraction operations. Mineral extraction
operations, including washing, crushing or other processing, are conditional
uses and may be permitted as follows:
(1)
Application. The application for the conditional use
permit shall include an adequate description of the operation; a list
of equipment, machinery and structures to be used; a topographic map
of the site showing existing contours with minimum vertical contour
interval of five feet, trees, and existing and proposed excavations;
and a restoration plan.
(2)
Restoration plan. The restoration plan provided by
the applicant shall contain proposed contours after filling, 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 Town's inspection and
administrative costs and the necessary sureties which will enable
the Town to perform the planned restoration of the site in the event
of default by the applicant. The amount of such sureties shall be
based upon cost estimates prepared by the Town Engineer, and the form
and type of such sureties shall be approved by the Town Attorney.
(3)
Term of permit. The conditional use permit shall be
in effect for a period not to exceed two years and may be renewed
upon application for a period not to exceed two years. Modifications
or additional conditions may be imposed upon application for renewal.
(4)
Impact. The Town Plan Commission shall particularly
consider the effect of the proposed operation upon existing streets,
neighboring developments, proposed land use, drainage, water supply,
soil erosion, natural beauty, character and land value of the locality
and shall also consider the practicality of the proposed restoration
of the site.
The following public recreational facilities
shall be conditional uses and may be permitted as specified:
A.
Archery sales and shooting ranges, bathhouses, beaches,
boating, camps, concession stands, conservatories, driving ranges,
golf courses, gymnasiums, ice boating, marinas, music halls, polo
fields, pools, riding academies, stadiums and zoological and botanical
gardens in the P-1 Park District, provided that the lot area is not
less than three acres and all structures are not less than 50 feet
from any district boundary. Archery sales and shooting ranges meeting
the above standards may also be conditional uses in agricultural districts.
B.
Commercial recreation facilities, such as arcades,
bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges,
miniature golf facilities, pool and billiard halls, skating rinks
and theaters, are conditional uses and may be permitted in any business
district. Physical cultural facilities, racetracks, rifle ranges and
turkish baths are specifically prohibited uses.
The following energy conservation uses are conditional
uses and may be permitted as specified:
A.
Wind energy conversion systems. Wind energy conversion
systems, commonly referred to as "windmills," which are used to produce
electrical power may be permitted in the M-1 District only, provided
that the following information requirements and standards shall apply:
(1)
Application. 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
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. Solar easements shall accompany
the application.
(2)
Construction. 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.
(3)
Noise. 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.
(4)
Electromagnetic interference. 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.
(5)
Location and height. 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.
(6)
Fence required. 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.
(7)
Utility company notification. 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.
B.
Solar energy conversion systems. Solar energy conversion
systems, including all systems as defined by § 13.48(2)(h)1g,
Wis. Stats., when such systems are erected as an accessory structure
may be permitted in any district.
(1)
Application. Applications for the erection of a solar
energy conversion system shall be accompanied by a plat of survey
for the property to be served showing the location of the conversion
system and the means by which the energy will be provided to the structure
or structures.
(2)
Construction. Solar energy conversion systems shall
be constructed and installed in conformance with all applicable state
and local building and zoning codes.
(3)
Location and height. Solar energy conversion systems
shall meet all setback and yard requirements for the district in which
they are located. Solar energy conversion systems shall conform to
all height requirements of the Zoning Code unless otherwise provided
in the conditional use permit issued pursuant to this section.
C.
Earth-sheltered structures. Earth-sheltered structures
which are built partially or totally into the ground for the purpose
of using the insulating value of the soil to conserve energy may be
permitted in the EA, AT, A-1 and R-1 Districts. This subsection does
not include conventional homes with exposed basements, split-levels
or similar types of construction, and provided further that the following
information requirements and standards shall apply:
(1)
Application. Applications for the construction of
an earth-sheltered structure shall be accompanied by all of the information
required to obtain a building permit, with special attention to be
given to the bearing strength of the structure, provision of proper
drainage for sanitary, storm and ground water and wastes, proper ventilation,
grading of the lot and its effect on adjacent properties, proper exit
availability and exterior renderings of the structure to determine
its visual affect on adjacent structures. Such standards shall be
certified by a registered engineer or architect.
(2)
Construction. Earth-sheltered structures shall be
constructed in conformance with all applicable state and local building
and zoning codes. A registered engineer or architect shall certify
that the design of the structure is in conformance with all applicable
state and local codes.
A.
Scope. This section shall apply to all public gatherings,
rallies, assemblies or festivals at which attendance is greater than
500 persons for a one-day event and greater than 250 persons for a
two-day or more event. The requirement for a public gathering conditional
use permit shall not apply to events held in any regularly established
permanent place of worship, stadium, school, athletic field, arena,
auditorium, or coliseum, any annual event held prior to the adoption
of this section or other similar permanently established place for
assemblies which does not have a maximum capacity over 250 persons,
nor those events sponsored or approved by the Town Board of the Town
of Trenton.[1]
B.
Intent. The purpose and intent of this section is
to establish site approval for locations in the Town of Trenton used
temporarily for gatherings as defined in this section, it being recognized
that the character and type of such gatherings vary widely and the
facilities required to carry out the general purpose and intent should
be the subject of a conditional use permit issued only after public
hearing before the Plan Commission and a determination by the Town
Board that there will be compliance with the standards set forth in
this section.
C.
Application. Applications for a public gathering conditional
use permit shall be made by the owner or a person having a contractual
interest in lands proposed as the site for a public gathering, rally,
assembly or festival as defined in this section. The application shall
contain a statement made upon oath or affirmation that the statements
contained therein are true and correct to the best knowledge of the
applicant and shall be signed and sworn to or affirmed by the individual
making application in the case of an individual, natural human being,
by all officers in the case of a corporation, by all partners in the
case of a partnership or by all officers of an unincorporated association,
society or group or, if there are no officers, by all members of such
association, society or group. Such application shall be filed with
the Town Clerk at least 60 days in advance of the date of the scheduled
event on forms to be furnished by him and shall include the following:
(1)
Names. Names and addresses of the applicant, owner
of the site, promoter and/or sponsor of the gathering.
(2)
Site description. Description of the site by metes
and bounds or other legal description, address of the site, type of
proposed gathering and proposed method of operation, maximum number
of persons to attend such gathering and any special or unusual conditions
anticipated.
(3)
Survey. Plat of survey to a scale of one inch equals
100 feet prepared by a registered land surveyor showing the location,
boundaries, dimensions, type, elevations and size of the following:
subject site, soil mapping unit lines, existing or proposed wells,
buildings, fences, woods, streams, lakes or watercourses, as well
as the vertical contour interval two feet above the ordinary high-water
level.
D.
Bond. The Town Board shall have authority to require
the applicant and site owners to file a cash bond in an amount to
be determined by the Town Board, but not exceeding $100,000, conditioned
on complete compliance by the applicant and site owner with all provisions
of this section, the terms and conditions of the public gathering
conditional use permit, including cleaning up the site, and the payment
of any damages, fines, forfeitures or penalties imposed by reason
of violation thereof.
E.
Determination. The Plan Commission shall, based on
evidence presented at the hearing, make a finding of the number of
persons expected to attend the event. Such finding shall be final
and conclusive on the applicant for the purpose of determining the
amount of the permit fee and the applicability of those standards
set forth herein which are dependent upon the number of persons attending
the event.
F.
Standards. A public gathering conditional use permit
shall not be issued unless it is determined, based on evidence produced
at the hearing, that the following standards are or will be met:
(1)
For events scheduled for two successive days or more,
at least one acre of land, exclusive of roads, parking lots and required
yards, shall be provided for each 100 persons attending.
(2)
Every site proposed for a public gathering conditional
use permit shall be on generally well-drained ground and shall not
be a ground on which storm or other waters accumulate or on ground
which is wet or muddy due to subsoil moisture.
(3)
The applicant shall provide proof that he or it will
furnish, at his or its own expense, before the assembly commences:
(a)
A fence completely enclosing the proposed location
of sufficient height and strength to prevent people in excess of the
maximum permissible number from gaining access to the assembly grounds,
which shall have at least four gates, at least one at or near four
opposite points of the compass.
(b)
Physicians and nurses licensed to practice in
Wisconsin sufficient to provide the average medical care enjoyed by
residents of Wisconsin for the maximum number of people to be assembled
at the rate of at least one physician for every 2,000 people and at
least one nurse for every 1,000 people, together with an enclosed,
covered structure where treatment may be rendered, containing separately
enclosed treatment rooms for each physician, and at least one emergency
ambulance available for use at all times.
(c)
If the assembly is to continue during hours
of darkness, illumination sufficient to light the entire area of the
assembly at the rate of at least five footcandles, but not to shine
unreasonably beyond the boundaries of the enclosed location of the
assembly.
(d)
A free parking area inside of the assembly grounds
sufficient to provide parking space for the maximum number of people
to be assembled at the rate of at least one parking space for every
four persons.
(e)
Security guards, either regularly employed,
duly sworn, off-duty Wisconsin peace officers or private guards, licensed
in Wisconsin, sufficient to provide adequate security for the maximum
number of people to be assembled at the rate of at least one security
guard for every 500 people. If it is determined by the Town Chairperson
that additional police protection shall be required, he may contact
the County Sheriff's Department, and all costs for the additional
protection required shall be deducted from the posted cash bond.
(f)
Fire protection, including alarms, extinguishing
devices and fire lanes and escapes, sufficient to meet all state and
local standards for the location of the assembly as set forth in the
Wisconsin Administrative Code and ordinances of the county and municipality
and sufficient emergency personnel to efficiently operate the required
equipment.
(4)
The applicant shall provide adequate sanitary facilities
which shall require a minimum of one approved toilet for each 100
persons in attendance.
(5)
The applicant shall provide an adequate source of
pure water with sufficient supply outlets for drinking and other purposes
to comfortably accommodate the number of persons expected to attend
the event at the rate of one gallon per person per day. Where a public
water supply is not available, potable water, meeting all federal
and state requirements for purity, may be used. Any well or wells
supplying any such site shall comply with the Wisconsin Administrative
Code.
G.
Other licenses and permits required.
H.
Permit issuance. If approved, the Town Board shall
direct the Zoning Administrator to issue the conditional use permit.
Such permit shall be valid only on the dates for which the same is
issued and shall permit the assembly of only the maximum number of
people stated in the permit. The permit holder shall not sell tickets
or permit the assembly at the approved location of more than the maximum
permissible number of people.
I.
Revocation. It shall be the duty of Town law enforcement
officers to enforce the provisions of this section. In the event of
any noncompliance with this section by the applicant or owner of the
site or any other person or in the event of violation or threatened
violation of any conditions attached to the conditional use permit,
Town law enforcement officers shall forthwith revoke such permit and
issue a citation for such violations notifying the Town Attorney,
who shall prosecute such violations and take appropriate legal action
to restrain any further violation or threatened violation of this
section.
The following commercial driveway and roadway
access uses are conditional uses and may be permitted as specified:
A.
Definition. Commercial driveway and roadway access
uses, for purposes of this section, shall be defined as any public
or private driveway, roadway, highway, street, alley or other thoroughfare
constructed on private property for the purpose of providing ingress
and egress from a public highway or road to a commercial or industrial
use and on which it is anticipated that traffic will average more
than 25 vehicle trips per day.
B.
Intent. The purpose and intent of this section is
to regulate commercial driveways and roadway access uses, as defined
in more detail above, in order to take into account the impact of
those uses upon neighboring land, traffic patterns, and/or existing
public facilities and highways.
C.
Application. Applications for the construction of
a commercial driveway or roadway use shall be accompanied by the following:
specifications for the construction of said commercial driveway or
roadway use; estimates, prepared by the applicant, of the average
number of vehicle trips and types of vehicles, including load weights
if vehicles include semi-tractor-trailers, for the traffic that will
be using the commercial driveway or roadway use; plat of survey prepared
by a registered land surveyor showing the location, dimensions, and
elevations of the proposed commercial driveway and roadway use; application
fee and costs; and such other information as may be specifically requested
by the Town of Trenton in furtherance of the intent of this section.
The application shall further contain a statement made upon oath or
affirmation by the applicant that the statements contained therein
are true and correct to the best knowledge of the applicant and shall
be signed and sworn to or affirmed by the individual making the application
in the case of an individual, natural human being, by all officers
in the case of a corporation, by all partners in the case of a partnership,
or by all officers of an incorporated association, society or group,
or, if there are no officers, by all members of such association,
society or group.
D.
Application fee and costs. An application for a commercial
driveway and roadway conditional use shall be filed with the Town
Building Inspector in writing. The initial application fee as set
forth on the schedule of deposits, bonds and fees shall accompany
the application, unless waived or reduced by the Town Board. In addition,
the Town Board may charge the applicant an additional fee to reimburse
the Town for appropriate necessary costs and expenses incurred by
the Town for attorneys' fees and experts' fees related to the application
process. The total application fees, both initial and subsequent,
shall not exceed $20,000 for any application.[1]
E.
Bond. The Town Board shall have authority to require,
and the Town Plan Commission may recommend, that any commercial driveway
and roadway conditional use permit issued under this section shall
not be effective unless there is on file with the Town Clerk a cash
bond or a bond with a corporate surety duly licensed in the State
of Wisconsin in the amount of $100,000. This bond is to assure that
the applicant will comply with all the provisions of this chapter.
As a term and condition of the commercial driveway and roadway conditional
use, the applicant will save harmless, indemnify and defend the Town,
its officers, it representatives and its agents of any expenses or
costs incurred through the action of the applicant with regard to
the use. Such expenses or costs shall specifically include, but are
not limited to, repairs, damage, or injury to a public roadway or
highway in the Town.
F.
Standards for review. In addition to those standards set forth in § 380-42 of this chapter, as amended, a commercial driveway and roadway conditional use permit shall not be issued without consideration, based upon evidence produced at the public hearing, of the following, as applicable to the specific request:
(1)
The load-bearing weight of vehicles that it is anticipated
will be using the commercial driveway or roadway conditional use and
the impact of the same on public Town highways and roadways;
(2)
The impact of the proposed use on traffic patterns
in the area and the potential need for traffic markers, signs, and/or
acceleration/deceleration traffic lanes to be provided by the applicant
and/or landowner, if different, to lessen the impact on local traffic
patterns;
(3)
Driveway width which shall safely accommodate the
expected traffic patterns, vehicle trips, and types of vehicles;
(4)
Driveway length which shall safety accommodate the
anticipated vehicle patterns, vehicle trips, and types of vehicles;
and
(5)
Paving of driveways with the intent of minimizing
the dust, noise, and/or other nuisance to neighboring properties and
uses.
G.
Permit issuance. If approved, the Town Board shall
direct the Zoning Administrator to issue the conditional use permit.
Such permit shall contain those limitations and/or conditions determined
by the Town Board.
H.
Revocation. In the event of any noncompliance with
this section by the applicant or owner of the site or any other person
or in the event of a violation or threatened violation of any conditions
attached to the conditional use permit, the permit may be revoked
after a public hearing upon a published Class 1 notice by the Town.
I.
State law applicability. Nothing contained herein
shall be deemed to limit or restrict the application of any state
law, including Ch. 86, Wis. Stats., or any administrative regulation
of any state agency regulating the subject of this section.
J.
References. References within this section to the
term "vehicle trip" shall be defined as an entry or an exit by a motor
vehicle on the proposed use.
A.
Intent. The intent of this section is to provide a
means to accommodate a small family home occupation business or professional
home office without the necessity of a rezone into a commercial district,
in some instances as a permitted use and in others as a conditional
use. Approval of an expansion of a limited family business or home
occupation at a future time beyond the limitations of this section
is not to be anticipated; relocation of the business to an area that
is appropriately zoned may be necessary.
B.
Permitted home occupations. Home occupations and professional
home offices are a permitted use in all residential districts and
country estate districts, provided that the following standards are
completely adhered to, and such uses are subject to the requirements
of the district in which the use is located:
(1)
The home occupation shall be conducted only within
the enclosed area of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change
the character thereof as a dwelling and/or exterior evidence of the
home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies
or equipment related to the operation of the home occupation shall
be visible outside any structure located on the premises.
(4)
No use shall create smoke, odor, glare, noise, dust,
vibration, fire hazard, small electrical interference or any other
nuisance not normally associated with the average residential use
in the district.
(5)
Only one sign may be used to indicate the type of
occupation or business. Such sign shall not be illuminated.
(6)
The use shall not involve the use of commercial vehicles
for more than occasional delivery of materials to or from the premises.
(7)
The use of the dwelling unit for the home occupation
shall be clearly incidental and subordinate to its use for residential
purposes by its occupants, and not more than 25% of the gross floor
area of any one floor of the dwelling unit (including the basement
or cellar) shall be used in the conduct of the home occupation.
(8)
The home occupation shall be restricted to a service-oriented
business. The manufacturing of items or products or the retail sale
of items or products on the premises is prohibited.
(9)
One nonresident employee may work at the home occupation
or professional home office.
(10)
Under no circumstances shall a vehicle repair
or body work business qualify as a home occupation.
C.
When conditional use permit required. A home occupation or professional home office which exceeds or does not satisfy the standards in Subsection B may only be maintained following the issuance of a conditional use permit. Uses which require retail sales, involve the parking or storage of commercial vehicles, or which utilize manufacturing or fabrication equipment require issuance of a conditional use permit or may be deemed as inappropriate for the site by the Town. The general intent of this section and the underlying zoning district shall be respected. Sale or transfer of the property shall cause the conditional use permit issued under this section to be null and void. Landscaping, lawn care, masonry, carpenter/contractor, and other businesses which may utilize off-site workers/employees are governed by § 380-48J.
A.
Proximity. In the absence of compelling reasons to
the contrary, it is the policy of the Town of Trenton that in order
to prevent the concentration of group home facilities, no two group
homes may locate within 1/4 mile of each other. There shall be a finding
that there is no other home located within 1/4 mile of the proposed
group home or that there are compelling reasons for disregarding this
dispersal policy in a particular case.
B.
Conditional use. Group homes may only be allowed in
residential districts as a conditional use.
C.
Exceptions. The Fair Housing Act does not extend to
persons who claim to be disabled solely on the basis of having been
adjudicated a juvenile delinquent, having a criminal record or being
a sex offender. Furthermore, the Fair Housing Act does not protect
persons who currently use illegal drugs, persons who have been convicted
of the manufacture or sale of illegal drugs, or persons with or without
disabilities who present a direct threat to the persons or property
of others.
D.
Process. Upon notification by the State of Wisconsin
of an application for licensure of an adult family home, community
living arrangement, foster home or treatment foster home, the Town
Clerk shall:
(1)
Request of the pertinent Town departments that within
15 days they provide a report on a form prescribed by the Town as
follows:
(a)
The Chief of Police shall report, as applicable, with respect to the conditions and criteria set forth in § 380-42 and shall note any conditions which may adversely affect the health and safety of the residents of the facility proposed to be licensed.
(2)
No later than 30 days after notification by the state
of a license application, conduct a public meeting for the purpose
of identifying specific hazards which may affect the health and safety
of the residents of the licensed facility. The license applicant shall
attend the meeting. The meeting shall be preceded by written notice
to the last known address of all property owners within 200 feet of
the facility proposed to be licensed. Following the meeting, the Town
Clerk shall prepare a list of specific hazards and forward the same
to the State of Wisconsin.
