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Auburndale Village City Zoning Code

ARTICLE VI

CONDITIONAL USES

Sec. 16-160.- Approval and review requirements.

(a)

Authorization. Uses listed as conditional uses within zoning districts may be allowed provided the establishment, maintenance, and operation of the use shall have been approved by the zoning committee and a conditional use permit granted after a public hearing and concurrence of the village board.

(b)

Review required. Whenever it is proposed to establish a conditional use specified in this chapter, the zoning committee 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 other aspects of the proposed use.

(Ord. of 3-11-1996, § 8.01)

Sec. 16-161. - Procedure.

(a)

A request for a conditional use permit shall be submitted in writing to the village clerk, who shall promptly refer the application to the zoning committee. The request shall be accompanied by scale maps or drawings prepared to the best of the applicant's ability, showing legibly and accurately the location, size and shape of the lot involved, and of any proposed structures, including the relation to abutting streets and any abutting lakes or streams, and the existing and proposed use of each structure and lot, and the number of families to be accommodated, or the number of persons that would normally occupy the building or structure.

(b)

The zoning committee may advise the village board to issue a conditional use permit for conditional uses specified in this chapter after review, a public hearing (Class 2 notice), and notification of adjacent and opposite property owners, provided such uses are in accordance with the purpose and intent of this chapter.

(Ord. of 3-11-1996, § 8.02)

Sec. 16-162. - Conditions and guarantees.

(a)

Prior to granting a permit for a conditional use, the zoning committee may stipulate such conditions and restrictions upon the establishment, maintenance and operation of the conditional use as it may find necessary to secure compliance with the standards specified in section 16-163. Establishment, maintenance and operation shall be construed to include, but not be limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, yard and parking requirements, insofar as the zoning committee shall find that conditions applying to these factors are necessary to fulfill the purpose and intent of this chapter. In all cases in which a permit for conditional use is granted, the zoning committee 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.

(b)

Conditional uses shall comply with all other provisions of this chapter such as lot width and areas, yards, height, parking and loading.

(Ord. of 3-11-1996, § 8.03)

Sec. 16-163. - Standards; zoning committee findings.

No permit for a conditional use shall be granted unless the zoning committee shall find the following:

(1)

That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, comfort or general welfare.

(2)

That the uses, values and enjoyment of other property in the neighborhood used for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use.

(3)

That 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)

That adequate utilities, access roads, drainage, and other necessary site improvements have been or are being provided.

(5)

That adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion and traffic hazards in the public streets.

(Ord. of 3-11-1996, § 8.04)

Sec. 16-164. - Determination.

The zoning committee shall report its decision within 60 days after the filing of the application. Its decision shall include an accurate description of the use permitted, of the property on which it is permitted, and any and all conditions made applicable thereto.

(Ord. of 3-11-1996, § 8.05)

Sec. 16-165. - Termination.

(a)

Where a permitted conditional use does not continue in conformity with the conditions of the original approval, the conditional permit shall be terminated by action of the zoning committee and may be considered by the committee as a violation of this chapter.

(b)

No application for a conditional use which has been denied wholly or in part by the zoning committee shall be resubmitted for a period of one year from the date of said denial, except on the grounds that substantial new evidence or proof of change to compliance with the applicable conditions is included in the resubmitted application.

(Ord. of 3-11-1996, § 8.06)

Sec. 16-166. - Filling and grading.

(a)

Filling and grading operations within 300 feet of a stream or river, or 1,000 feet of a lake, pond or flowage, shall conform to requirements of the county shoreland and floodplain ordinances. Contact the Wood County Planning and Zoning Office, Courthouse, 400 Market Street, Wisconsin Rapids, WI 54494, for further information.

(b)

Filling may be permitted in areas not under the jurisdiction of the county shoreland and floodplain ordinances, provided that the fill material:

(1)

Shall be suitable for its intended use; no fill intended for supporting buildings shall consist of junk, wood, paper, muck, peat or any similar materials which could cause subsidence.

(2)

Is protected from erosion so as to not cause siltation of adjacent lands or navigable waters. The use of a temporary ground cover or other conservation practices such as sediment catch basins or diversion terraces may be required in order to prevent erosion.

(3)

Shall rest on a firm bottom and is stabilized according to accepted engineering standards.

(4)

Shall not impede the drainage from adjacent lands as to create significant harm without the adjacent landowners' written consent.

(5)

Shall not, in any manner, alter the course of a waterway on property belonging to other than the applicant.

(c)

Grading of an area greater than the specified area may be permitted, provided that:

(1)

The smallest amount of bare ground shall be exposed for the shortest time feasible and permanent ground cover shall be established as soon as practical.

(2)

Precautions shall be taken to prevent erosion and sedimentation through the use of silting basins, diversion, terraces or similar practices used individually or in combination where circumstances warrant such.

(3)

It shall conform to the provisions of the county shoreland and floodplain ordinances. Contact the Wood County Planning and Zoning Office, Courthouse, 400 Market Street, Wisconsin Rapids, WI 54494, for further information.

(Ord. of 3-11-1996, § 8.07)

Sec. 16-167. - Conditional use permit fees.

Applicants for conditional use permits shall pay a fee covering the cost of any publication and meeting of the village board or committee thereof, including so much of the salaries of the members of the board or committee related to that meeting, which is required by law or necessity to complete the application process.

(Res. No. 8-98A, § 8.08, 8-3-1998)