The provisions of Wis. Stats. §§ 62.23(7)(i) and 66.1017 are hereby adopted by reference and shall supersede all permitted and conditional uses as stated in this chapter.

(Code 1992, § 17.05(1))

State Law reference— Location of community and other living arrangements, Wis. Stats. § 62.23(7)(i); standards and location for family child care homes, Wis. Stats. § 66.1017.

(Code 1992, § 17.05(2))

State Law reference— Location of community and other living arrangements, Wis. Stats. § 62.23(7)(i); standards and location for family child care homes, Wis. Stats. § 66.1017.

All community living arrangements and family child care homes not permitted in section 34-547 may be conditional uses. See division 3 of this article.

(Code 1992, § 17.05(3))

State Law reference— Foster homes, Wis. Stats. § 48.62; child care centers, Wis. Stats. § 48.65; community and other living arrangements, Wis. Stats. § 62.23(7)(i).

The formulation and enactment of a comprehensive zoning code is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible. In addition to such permitted compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district, but which, because of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this division as conditional uses and fall into three categories, as follows:

(1)

Uses which are either municipally operated or operated by publicly-regulated utilities.

(2)

Uses entirely private in character which, because of their peculiar locational need, the nature of the service they offer to the public, or their possible damaging influence on the neighborhood, may have to be established in a district in which they cannot reasonably be allowed as an unrestricted permitted use under the zoning regulations.

(3)

Nonconforming uses which, as conditional uses, can be made more compatible with their surroundings.

(Code 1992, § 17.16(1))

(a)

An application for a conditional use permit shall be filed with the zoning administrator. The application shall contain the following information:

(1)

Name and address of the applicant.

(2)

Statement that the applicant is the owner or authorized agent of the owner of the property.

(3)

Address and description of property.

(4)

An accurate drawing of the site and surrounding area for a distance of at least 300 feet from each boundary.

(5)

Names and addresses of adjacent property owners.

(b)

The application shall be accompanied by a filing fee of $250.00.

(Code 1992, § 17.16(2))

Upon receipt of the application, the village board shall hold a public hearing on the proposed conditional use. The hearing shall be recorded and filed in the office of the village clerk-treasurer. A Class II notice of the hearing shall be published in the official newspaper of the village. Owners of the adjacent properties shall also be notified in writing. Their failure to get the notice or attend the hearing shall not invalidate the proceedings.

(Code 1992, § 17.16(3))

The zoning administrator shall refer the application for a conditional use permit to the plan commission at least ten days before the public hearing. The plan commission shall submit a written report and recommendation to the village board, recommending approval if the conditional use meets the standards of section 34-580.

(Code 1992, § 17.16(4))

The village board, upon receipt of the plan commission recommendation, shall place the conditional use application on its agenda within 30 days. The village board may, without further hearing, authorize conditional use permits in accordance with the general interest and spirit of this chapter, the purpose of the district in which the conditional use will be located and the standards of section 34-580.

(Code 1992, § 17.16(5))

A conditional use must meet the following standards:

(1)

It will in no way endanger public health, safety, morals, comfort and general welfare.

(2)

It will not be injurious to the enjoyment of other property in the immediate vicinity.

(3)

The establishment of the conditional use will not impede the orderly development and improvement of other 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 or egress so designed as to minimize traffic congestion and traffic hazards in the public streets.

(6)

It will conform to the applicable regulations of the district in which it is located.

(Code 1992, § 17.16(6))

If a conditional use is not fully established, its conditional use permit shall lapse and become void one year after passage by the village board unless a building permit has been issued and construction has commenced and is being pursued diligently according to the requirements of the permit. A conditional use permit may be renewed for an additional period of one year from the date when the first conditional use permit lapses. An application for renewal of the conditional use permit must be filed with the village board which may grant or deny the application.

(Code 1992, § 17.16(7))

This division is adopted pursuant to Wis. Stats. § 61.354, for the purpose of minimizing the amount of sediment and other pollutants carried by runoff from sites of construction or other land disturbing activities as enumerated in section 34-613.

(Code 1992, § 17.17(1))

(a)

Required. No landowner, land user or contractor shall, within the village, commence any activity enumerated in section 34-613 before obtaining an erosion control permit from the building inspector.

(b)

Application; fee. Application for a permit shall be made on an application form provided by the village clerk-treasurer and shall be accompanied by an erosion control plan in accordance with section 34-614 and a fee of $25.00.

(c)

Grant or denial of permit. Within five working days after receipt of the application, the building inspector shall grant or deny the permit. If the permit is denied, the inspector shall enumerate the required additions or modifications to the erosion control plan. Upon satisfactory revision of the plan, the permit shall be issued.

(d)

Exceptions. A permit shall not be required for the following:

(1)

Agriculture land use. The use of land for planting, growing, cultivating and harvesting of crops and the pasturing or yarding of livestock.

(2)

State projects. Any state-funded or conducted activity which requires an erosion control plan similar to the requirements of this division.

(Code 1992, § 17.17(2))

The land disturbing activities requiring a permit under section 34-612 are as follows:

(1)

Those involving grading, removal of protective ground cover or vegetation, excavation, land filling or other land disturbing activity affecting a surface area of 4,000 square feet or more.

(2)

Those involving excavation or filling, or a combination thereof, affecting 400 cubic yards or more of dirt, sand or other excavation or fill material.

(3)

Those involving street, highway, road or bridge construction or reconstruction.

(4)

Those involving the laying or repair of underground pipe for a distance of 300 feet or more.

(5)

Site de-watering which may create sediment control problems.

(Code 1992, § 17.17(3))

(a)

General. Erosion control plan criteria, standards and specifications have been established by the building inspector and are on file in the office of the village clerk-treasurer. In drafting the plan, the applicant shall take into account and indicate on the plan all factors which may affect erosion control on and adjacent to the site and provide a site drawing drawn to scale, designating the location of the most suitable erosion control devices, so as to prevent sediment runoff to the greatest degree practicable. The plan shall also include a timetable of land disturbing activities, the area involved in each such activity, and the temporary and permanent procedures to be taken to minimize sediment runoff.

(b)

Erosion control devices. Erosion control devices shall include sedimentation basins, filter fences, straw bales and mulch, tarps, temporary and permanent seeding, sodding and channeling surface water around disturbed areas.

(Code 1992, § 17.17(4))

(a)

Waste and material disposal. All waste and unused building materials, including garbage, debris, cleaning wastes, wastewater, toxic materials, or hazardous materials, shall be properly disposed of and not allowed to be carried by runoff into a receiving channel or storm sewer system.

(b)

Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each work day.

(c)

Drain inlet protection. All storm drain inlets shall be protected with a straw bale, filter fabric or equivalent barrier.

(Code 1992, § 17.17(5))

The building inspector shall inspect the site as often as he deems necessary for the enforcement of this division.

(Code 1992, § 17.17(6))

(a)

Stop-work order. The building inspector may post a stop-work order if:

(1)

Any land disturbing activity requiring a permit under this division is undertaken without a permit;

(2)

The control plan is not being implemented in a good faith manner; or

(3)

The conditions of the permit are not being met.

(b)

Permit revocation. If, within ten days of the issuance of a stop-work order, any permittee does not cease the activity or comply with the control plan, the building inspector may revoke the permit.

(c)

Cease and desist order. In the event any person without a permit fails to obey a stop-work order or obtain a permit within ten days, the building inspector may request the village attorney to obtain a cease and desist order.

(d)

Special charge. Ten days after posting a stop-work order, the building inspector may issue a notice of intent to the permittee or landowner or land user of his intent to perform work necessary to comply with this division. The building inspector may go on the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the building inspector shall be billed to the permittee or the landowner. In the event the permittee or landowner fails to pay the amount due, the village clerk-treasurer shall enter the amount due on the tax rolls and collect as a special charge against the property, pursuant to Wis. Stats. § 66.0627.

(Code 1992, § 17.17(7))

Any person aggrieved by the grant or denial of a permit or any order issued by the building inspector may appeal to the board of zoning appeals, pursuant to section 34-61.

(Code 1992, § 17.17(8))

The purpose of this division is to promote public safety and welfare by reducing the congestion of public streets. Off-street parking and loading space will be provided on individual lots in a quantity related to the use of the property.

(Code 1992, § 17.18(1))

The off-street parking and loading provisions of this division shall apply as follows:

(1)

Off-street parking and loading space shall be provided for all buildings and structures erected after the effective date of the ordinance from which this chapter is derived.

(2)

Where the intensity of the use of any building, structure or premise is increased, additional parking shall be provided to match the increased intensity of use.

(3)

Where an existing building or structure is converted to a new use, parking shall be provided according to the requirements of the new use.

(4)

Existing parking and loading serving any type of use shall not be reduced below the requirements of this chapter.

(5)

Off-street parking and loading may be established voluntarily, provided it meets the requirements of this chapter.

(6)

Where a conforming or legally nonconforming building is destroyed or damaged by fire, explosion, flood or any other manmade or natural catastrophe, no off-street parking or loading is required during the process of reconstruction.

(7)

Any application for a zoning permit or for a certificate of zoning compliance shall include therewith a plot plan accurately showing any parking or loading facilities to be provided in compliance with this division.

(8)

Off-street parking facilities for different buildings, structures, uses or mixed uses may be provided collectively in any nonresidential zoning district, provided that the total number of stalls so located together shall not be less than the sum of the separate requirements of each use.

(Code 1992, § 17.18(2))

A required off-street parking stall shall be at least 8½ feet in width and at least 19 feet in length, exclusive of access drives and aisles, ramps, columns, or office or work areas. A stall shall have a vertical clearance of at least seven feet.

(Code 1992, § 17.18(3))

Any open off-street parking area containing more than five parking stalls shall be improved with a dust free surface meeting village standards and specifications.

(Code 1992, § 17.18(4))

(a)

Parking is allowed in all required yards except in the first 20 feet of a required front yard, except as provided elsewhere in this chapter.

(b)

No parking is allowed in the traffic visibility triangle defined in section 34-3.

(c)

Commercial vehicles shall not be parked or stored in off-street spaces on residential lots. This provision does not apply to occasional overnight parking of a commercial van or truck under three-quarters of a ton.

(d)

Campers, travel trailers, motor homes, boats, buses, trucks over three-quarters of a ton and other similar recreational vehicles and apparatus shall not be parked or stored for a length of time greater than 24 hours in the first 20 feet of required front yards of residential lots.

(e)

Major repair and alteration of the commercial and recreational vehicles listed in subsections (c) and (d) of this section shall not be conducted in any residential district, except within a completely enclosed building nor shall such repair and alteration be conducted as an occupation in any residential district.

(Code 1992, § 17.18(5))

Off-street area sufficient for all truck loading and truck storage and parking shall be provided in connection with all buildings and uses delivering and receiving goods, materials and supplies by truck and those using trucks in their business or operation.

(Code 1992, § 17.18(6))

The following number of parking stalls shall be required per property use:

Parking Stalls Required Per Use

(Code 1992, § 17.18(7))