Birnamwood Village City Zoning Code
ARTICLE X
Conditional Uses
§ 255-73 General.
A.
Uses listed as permitted by conditional permit may be authorized in the district in which permitted upon application to the Planning Committee and subject to the Committee's authorization of a conditional use permit.
B.
The Planning Committee shall consider the effect of such grant on the health, general welfare, safety and economic prosperity of the Village and of the immediate area in which such use would be located, including such considerations as the effect on the established character and quality of the area; its physical attractiveness; the movement of traffic; the demand for related services; the possible hazardous, harmful, noxious, offensive or nuisance effects resulting from noise, dust, smoke or odor and other factors.
§ 255-74 Procedure.
A.
A request for a conditional use grant shall be submitted in writing to the Planning Administrator, who shall promptly refer the application to the Planning Committee. The application shall be accompanied by the same information as is required for a land use permit. The Planning Committee may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a site plan as specified in this chapter.
B.
The Planning Committee shall review the site; existing and proposed structures and architectural plans; parking areas, driveway locations, highway access, traffic generation and circulation; drainage, sewerage and water systems; operation conditions which will affect the maintenance of safe and healthful conditions; prevention and control of water pollution including sedimentation; the location of the site with respect to floodplains and the compatibility of the proposed use with the use of adjacent land.
C.
Upon consideration of the factors listed above, the Planning Committee may require such conditions, in addition to those listed elsewhere in this chapter, as it deems necessary in furthering the purpose of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration: landscaping, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, increased setbacks and yards, type of shore cover, specified sewage disposal and water supply systems, planting screens, piers and docks, signs or any other requirements necessary to fulfill the purpose and intent of this chapter.
§ 255-75 Hearing.
The Planning Committee shall schedule a public hearing on the application within 30 days after it is filed but not less than 15 days.
§ 255-76 Determination.
The Planning Committee shall report its decision within 90 days after the filing of the application. Its decision shall include an accurate description of the use permitted, the property on which it is permitted, and any and all conditions made applicable thereto.
§ 255-77 Mapping and recording.
When a conditional use is approved, an appropriate record shall be made of the land use and building permits, and such grant shall be applicable solely to the structures, use and property so described.
§ 255-78 Termination.
Where a permitted conditional use does not continue in conformity with the conditions of the original approval, the conditional grant shall be terminated by action of the Planning Committee and may be considered by the Committee as a violation of this chapter.
§ 255-79 Conditions for selected conditional use permits.
A.
Conditional use conditions.
(1)
Animal hospital or pound. Animal hospitals or pounds shall have a lot area not less than three acres, and all principal structures and uses shall be not less than 100 feet from any residential district.
(2)
Animal reduction. All principal structures and uses involving animal reduction shall be located at least 600 feet from residential, public and semipublic, and commercial districts.
(3)
Airport, air strips, and landing fields. Airports, air strips and landing fields shall have a lot area of not less than 20 acres.
(4)
Bag cleaning. All principal structures and uses involving bag cleaning shall be located at least 600 feet from residential and public and semipublic districts.
(5)
Bleacheries. Bleacheries shall be located at least 600 feet from residential and public and semipublic districts.
(6)
Boat launching ramps, boat liveries and marinas. Marinas and boat liveries may be permitted, provided that they are designed and constructed as to not interfere with adjacent riparian owner's uses of the water for swimming, fishing or boating, nor interfere or obstruct the public's free navigation. The minimum lot area of marinas and boat liveries shall be not less than one acre and 20,000 square feet, respectively.
(7)
Camping areas. Camping areas may be permitted, provided that:
(a)
The minimum size of a camping area shall be five acres.
(b)
The maximum number of camping sites shall be 10 per acre.
(c)
Minimum dimensions of a camping site shall be 50 feet wide by 40 feet long.
(d)
Each camping site be separated from other camping sites by a yard not less than 15 feet wide.
(e)
There shall be 1 1/2 automobile parking spaces for each camping site.
(f)
There shall be a minimum setback for each camping site of 40 feet from all other exterior lot lines.
(g)
The Planning Committee shall specify that adequate waste disposal facilities be provided.
(8)
Canneries. All principal structures and uses involving canning shall be located at least 600 feet from residential, public and semipublic, and commercial districts.
(9)
Children's nurseries (in residential districts). Children's nurseries shall have all principal structures and uses not less than 50 feet from any lot line.
(10)
Churches (in public and semipublic districts). Churches shall have a lot area not less than two acres and shall have all principal structures and uses not less than 50 feet from any lot line.
(11)
Clubs, fraternities, lodges and meeting places of a noncommercial nature. Clubs, fraternities, lodges and meeting places of a noncommercial nature shall have all principal structures and uses not less than 25 feet from any lot line.
(12)
Colleges and universities. Colleges and universities shall have all principal structures and uses not less than 50 feet from any lot line.
(13)
Drive-in theaters. Drive-in theaters shall have a planting screen at least 50 feet wide along any side abutting a residential district.
(14)
Electric- and steam-generating plants. Electric- and steam-generating plants shall be located at least 600 feet from residential and public and semipublic districts.
(15)
Electroplating. All principal structures and uses involving electroplating shall be located at least 600 feet from residential and public and semipublic districts.
(16)
Enameling. All principal structures and uses involving enameling shall be located at least 600 feet from residential and public and semipublic districts.
(17)
Filling. Filling may be permitted, provided that the fill material:
(a)
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.
(b)
Is protected from erosion so as not to 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.
(c)
Shall rest on a firm bottom and is stabilized according to accepted engineering standards.
(d)
Shall not impede the drainage from adjacent lands as to create significant harm without the adjacent landowners' written consent.
(e)
Shall not in any manner alter the course of a waterway on property belonging to other than the applicant.
(18)
Forges. Forges shall be at least 600 feet from residential and public and semipublic districts.
(19)
Foundries. Foundries shall be at least 600 feet from residential and public and semipublic districts.
(20)
Funeral homes. Funeral homes shall have all principal structures and uses not less than 25 feet from any lot line.
(21)
Fur farm. Fur farms shall have all principal and accessory structures and uses not less than 600 feet from residential, commercial and public and semipublic districts.
(22)
Governmental and cultural uses, such as:
(a)
Community centers.
(b)
Fire stations and police stations.
(c)
Libraries.
(d)
Public emergency shelters.
(e)
Public and private elementary and secondary schools.
Public, parochial, and private elementary and secondary schools in the residential and public and semipublic districts shall have a lot area of not less than two acres and shall have all principal structures and uses not less than 50 feet from any lot line. |
(f)
Parks and playgrounds.
(23)
Grading. Grading of an area greater than the specified area may be permitted, provided that:
(a)
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.
(b)
Precautions shall be taken to prevent erosion and sedimentation through the use of silting basins, diversions, terraces or similar practices used individually or in combination where circumstances warrant such.
(24)
Home occupations. Home occupations may be permitted, provided:
(a)
The occupation is conducted only by members of the family within their place of residence.
(b)
That no article is sold or offered for sale on the premises except such as is produced by such occupation.
(c)
That no stock-in-trade is kept or sold.
(d)
That no mechanical equipment is used other than such as is permissible for purely domestic purposes.
(25)
Hospitals. Hospitals shall have all principal structures and uses not less than 50 feet from any lot line.
(26)
Incinerator, public. Incinerator, public, shall be located at least 600 feet from residential and public and semipublic districts.
(27)
Junkyards. No junk or salvage yard shall be permitted in the Village except in conformance with a plan approved by the Village Planning Committee. Such yards shall comply with the following requirements:
(a)
Junk or salvage materials shall not be located within 600 feet of public roads, streets and highways, and all establishments of this kind shall have minimum side and rear yards of 100 feet each.
(b)
Junk or salvage materials shall be enclosed by a suitable fence or planting screen so that the materials are not visible from other property in the vicinity of the junkyard nor from public rights-of-way such as roads, streets, highways and waterways. The fence or planting screen shall be kept in good repair.
(c)
Junk or salvage materials shall not be piled higher than the height of the fence or planting screen, nor against the fence or planting screen.
(d)
For fire protection, an unobstructed firebreak shall be maintained, one rod in width and completely surrounding the salvage yard or junkyard.
(28)
Lacquering. All principal structures and uses involving lacquering shall be located at least 600 feet from residential and public and semipublic districts.
(29)
Lithographing. All principal structures and uses involving lithographing shall be located at least 600 feet from residential and public and semipublic districts.
(30)
Livestock feeding pens or yards (more than 100 animals). Livestock feeding pens or yards shall be located at least 600 feet from residential and public and semipublic districts.
(31)
Manufacturing and bottling of alcohol beverages. Manufacturing and bottling of alcohol beverages shall be located at least 600 feet from residential and public and semipublic districts.
(32)
Manufacturing and processing,
(a)
Of or involving the following items:
[1]
Abrasives.
[2]
Acetylene.
[3]
Acid.
[4]
Alkalies.
[5]
Ammonia.
[6]
Asbestos.
[7]
Asphalt.
[8]
Batteries.
[9]
Bedding.
[10]
Bleach.
[11]
Bone.
[12]
Cabbage.
[13]
Candles.
[14]
Carpeting.
[15]
Celluloid.
[16]
Cement.
[17]
Cereals.
[18]
Charcoal.
[19]
Chemicals.
[20]
Chlorine.
[21]
Coal.
[22]
Coffee.
[23]
Coke.
[24]
Cordage.
[25]
Creosote.
[26]
Dextrine.
[27]
Disinfectant.
[28]
Dye.
[29]
Excelsior.
[30]
Felt.
[31]
Fish.
[32]
Fuel.
[33]
Furs.
[34]
Gelatin.
[35]
Glucose.
[36]
Gypsum.
[37]
Hair products.
[38]
Ice.
[39]
Insecticide.
[40]
Ink.
[41]
Lampblack.
[42]
Lime.
[43]
Lime products.
[44]
Linoleum.
[45]
Matches.
[46]
Meat.
[47]
Oil cloth.
[48]
Paint.
[49]
Paper.
[50]
Peas.
[51]
Perfume.
[52]
Pickles.
[53]
Plaster of paris.
[54]
Plastics.
[55]
Poison.
[56]
Polish.
[57]
Potash.
[58]
Pulp.
[59]
Pyroxylin.
[60]
Radium.
[61]
Rope.
[62]
Rubber.
[63]
Sausage.
[64]
Shoddy.
[65]
Shoe and lampblacking.
[66]
Size.
[67]
Starch.
[68]
Stove polish.
[69]
Textiles.
[70]
Varnish.
(b)
Manufacturing and processing of the above-listed materials shall be located at least 600 feet from residential and public and semipublic districts.
(33)
Manufacturing, processing, and storage,
(a)
Of the following:
[1]
Building materials.
[2]
Explosives.
[3]
Dry ice.
[4]
Fat.
[5]
Fertilizer.
[6]
Flammables.
[7]
Gasoline.
[8]
Glue.
[9]
Grains.
[10]
Grease.
[11]
Lard.
[12]
Plastics.
[13]
Radioactive materials.
[14]
Shellac.
[15]
Soap.
[16]
Turpentine.
[17]
Vinegar.
[18]
Yeast.
(b)
Manufacturing, processing and storage of the above-listed materials shall be located at least 600 feet from residential, commercial, and public and semipublic districts.
(34)
Mineral extraction. Mineral extraction operations must meet the same conditions as required under quarrying.[1]
[1]
Editor's Note: See § 255-79A(40).
(35)
Mobile home parks.
(a)
Mobile home parks are permitted as conditional uses in the multifamily residential district, provided:
[1]
The minimum size of a mobile home park shall be five acres.
[2]
The maximum number of mobile homes shall be 10 per acre.
[3]
Minimum dimensions of a mobile home site shall be 50 feet wide by 85 feet long.
[4]
All drives, parking areas and walkways shall be hard-surfaced.
[5]
There shall be a minimum yard setback of 40 feet at all lot lines of the mobile home park.
[6]
It shall conform to the requirements of § SPS 326, Wis. Adm. Code..
[7]
No mobile home site shall be rented for a period of less than 30 days.
[8]
Each mobile home site shall be separated from other mobile home spaces by a yard not less than 15 feet wide.
[9]
There shall be two surfaced automobile parking spaces for each mobile home.
(b)
Unless adequately screened by existing vegetative cover, a mobile home park shall be screened by a temporary planting of fast-growing material, capable of reaching a height of 15 feet or more, such as hybrid poplar. and a permanent evergreen planting, such as White or Norway pine, the individual trees to be of such a number and so arranged that within 10 years they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent plantings shall be grown or maintained to a height of not less than 15 feet.
(36)
Nursing homes. Nursing homes shall have all principal structures and uses not less than 50 feet from any lot line.
(37)
Penal and correctional institutions. Penal and correctional institutions shall have all principal structures and uses not less than 50 feet from any lot line.
(38)
Planned residential developments. Planned unit developments are permitted as conditional uses in all residential districts. Planned unit developments are intended to provide for innovative large-scale residential development. A planned unit development must contain at least 10 contiguous acres under one ownership or control. The following requirements must be met:
(a)
A site plan shall be submitted and approved in accordance with the procedures established under Article XIII, Site Plan Requirements, of this chapter.
(b)
The overall density of the project, defined as the number of living units per acre, shall not exceed the district regulations for the district in which the project is to be developed.
(c)
Paved streets and sidewalks adequate to serve the needs of the area will be provided.
(d)
Adequate access to public streets and proper internal circulation will be provided.
(e)
Adequate sewer and water facilities will be provided.
(f)
The development shall constitute a reasonable extension of the living areas in the Village and will be compatible with surrounding land uses.
(g)
Adequate safeguards shall be taken to insure that the parks and other open spaces shown on the plan are permanently reserved as parks and open spaces.
(39)
Public transportation terminals, such as heliports, bus and rail depots, except airports, airstrips, and landing strips. Public transportation terminals, such as heliports, bus and rail depots, except airports, airstrips, and landing strips, shall have all principal structures and uses not less than 100 feet from any residential district boundary.
(40)
Quarrying. Applications requesting Planning Committee approval of a proposed quarrying activity shall be accompanied by:
(a)
A description of all phases of the contemplated operation, including types of machinery and equipment which will or might be necessary to carry on the operation. Where the operation is to include sand and gravel washing, the estimated daily quantity of water required, its source and its disposition shall be identified.
(b)
A legal description of the proposed site.
(c)
A topographic map (at a minimum contour interval of five feet) of the proposed site and the area extending beyond the site to a minimum distance of 300 feet on all sides.
(d)
A restoration plan as hereinafter required.
(e)
Consideration of compatibility. In reviewing a proposal for a quarrying activity, the Planning Committee shall take into consideration:
[1]
The effect of the proposed operation on drainage and water supply, particularly in connection with sand and gravel washing.
[2]
The possibility of soil erosion as a result of the proposed operation.
[3]
The most suitable land use for the area, and its effect on the land use in adjacent areas.
(f)
Restoration plan and financial guarantee required. No grant to carry on a quarrying operation shall be given until the Planning Committee approves a restoration plan and the owner agrees to restore the quarried area to a condition of practical usefulness and reasonable physical attractiveness as provided in the conditional use permit or within six months after the quarrying operations have ceased. The owner shall provide sufficient financial guarantee to secure the performance of the restoration agreement. The agreement and financial guarantee shall be in a form approved by the District Attorney.
(g)
Conditions of approval. The Planning Committee may set forth conditions regarding appropriate setback and other dimensional requirements, particularly with reference to avoiding a nuisance effect on surrounding residential uses. Suitable fencing and landscaping may be required.
(h)
Duration of conditional grant. The initial grant to carry on a quarrying operation shall not be effective for more than five years. Authorization may be extended for three additional years, subject to conditions specified by the Planning Committee.
(i)
Existing quarry operation.
[1]
Within six months after the effective date of this chapter, the owners of all existing quarrying operations shall submit to the Planning Committee the names of the quarry owners and operators and information regarding its operation.
[2]
Within one year after adoption of this chapter, the owners shall submit to the Planning Committee a plan for restoration of the quarrying site in accordance with Subsection A(40)(f) of this section. The restoration plan shall not impose requirements which are economically or engineeringly unreasonable with respect to conditions resulting from operation prior to enactment of this chapter.
[3]
Within three years after the effective date of this chapter, any such existing operation shall be subject to the provisions of Subsection A(40)(f), (g) and (h) of this section.
(41)
Recreation areas. Recreation areas may be permitted, provided that:
(a)
Compatibility. The area shall be compatible with adjacent land or water uses.
(b)
Access. Entrances and exits are designed and located as to not interfere with the public's or adjacent landowner's access to public waters.
(c)
Illumination. Any lighting facilities are designed as to minimize reflection of glare on or over the water except navigation aids.
(d)
Sanitary systems. Sanitary systems are adequately designed for the intensity of use and are located as to not cause water pollution.
(e)
Screening: bleachers, spectator stands, motor-driven rides, concession stands, maintenance and storage buildings, parking lots and sanitary facilities are effectively screened from the water and adjacent properties by vegetative growth.
(42)
Rest homes. Rest homes shall have all principal structure and uses not less than 50 feet from any lot line.
(43)
Road test facilities. Road test facilities shall be located at least 600 feet from residential, commercial, and public and semipublic districts.
(44)
Sanitariums. Sanitariums shall have all principal structures and uses not less than 50 feet from any lot line.
(45)
Sawmills. Sawmills shall have all principal and accessory structures and uses located at least 600 feet from residential and public and semipublic districts.
(46)
Sewage disposal plant. Sewage disposal plants shall be located at least 500 feet from residential and public and semipublic districts.
(47)
Slaughterhouses. Slaughterhouses shall have all principal and accessory structures and uses located at least 600 feet from residential, commercial, and public and semipublic districts.
(48)
Smelting. Smelting operations shall have all principal and accessory uses and structures at least 600 feet from residential, commercial, and public and semipublic districts.
(49)
Stockyards. Stockyards shall have all principal and accessory uses and structures at least 600 feet from residential, commercial, and public and semipublic districts.
(50)
Storage of buoyant materials of an inert nature, such as logs, boats, and building materials. Storage of buoyant materials of an inert nature, such as logs, boats, and building materials, may be permitted as an accessory use, providing that such materials are removed or restrained from floating during periods of high water. Failure to prevent such material from floating off the immediate premises shall constitute a violation of this chapter.
(51)
Storage of dangerous materials that are flammable, explosive or injurious to human, animal or plant life. The storage of dangerous materials, materials that are flammable, explosive or injurious to human, animal or plant life, may be permitted, providing that such materials are stored within a floodproofed building or structure or in a floodproofed underground tank. Failure to confine such material to the storage area during period of high water shall constitute a violation of this chapter.
(52)
Tanneries. Tanneries shall have all principal and accessory structures and uses located at least 600 feet from residential and public and semipublic districts.
(53)
Utilities. Utilities shall have all principal structures and uses not less than 40 feet from any residential lot line.
(54)
Vehicle sales, service, washing and repair stations. Vehicle sales, service, washing and repair stations shall have all gas pumps not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street line.
(55)
Work in respect to waterways:
(a)
Shall not impede the drainage of adjacent lands without the written consent of the adjacent landowners.
(b)
Shall not result in a change or alteration in the direction of flow or a reduction in normal volumes of water that would be detrimental to adjacent landowners or to the public interest.
(c)
Shall not result in degrading water quality in navigable waters, including the capability to sustain fish and other aquatic life.
(d)
Shall not create detrimental effects upon the wildlife habitat on lands belonging to other than the applicant.
(e)
Shall not be incompatible with adjacent land uses, create a safety hazard or a nuisance.
(f)
Shall have the walls of artificial channels or watercourses stabilized to prevent slumping and erosion.
(56)
Wrecking yard. Wrecking yards shall meet the same requirements as those specified for junkyards.
