Cedar Grove Village
City Zoning Code
City Zoning Code
ARTICLE VI
Administrative Procedures
§ 250-30 Conditional uses.
A.
Permit. The Village Planning Commission may authorize the Building Inspector to issue a conditional use permit for conditional uses after review and a public hearing, provided that such additional uses or structures are in accordance with the purpose and intent of this chapter and are found not to be hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or community.
B.
Application. Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms provided by his office. Such applications shall be forwarded to the Planning Commission on receipt by the Building Inspector. Such applications shall include, where applicable:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.
(2)
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 lies.
(3)
Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.
(4)
Additional information as may be required by the Planning Commission, Village Engineer, and Building of Health Inspectors.
(5)
Fee receipt from the Village Treasurer in an amount established by resolution of the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Review and approval.
(1)
The Planning 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.
(2)
The Planning Commission shall hold a public hearing on the proposed conditional use following publication of a Class 2 notice under Ch. 985, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access trafficways and within 1,500 feet 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 Planning Commission shall request such review and await the highway agency's recommendations for a period not to exceed 60 days before taking final action.
D.
Standards. No conditional use shall be granted by the Planning Commission unless the Commission shall find:
(1)
That 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)
That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood.
(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 road, drainage and/or necessary facilities have been or are being provided.
(5)
That 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)
That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.
E.
Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
F.
Planned residential unit development. Planned unit residential developments consisting exclusively of single-family dwelling units are permitted in R-1, R-2 and R-3 Residential Districts as conditional uses. Planned unit residential developments which include any multifamily dwelling units are permitted in the R-3 District as conditional uses. A successful applicant for a conditional use permit under this section may be allowed to modify the lot size, setback and yard requirements within the district in which the project is located. All other district requirements shall be complied with as well as any fire, building or electrical codes and applicable subdivision regulations.
(1)
The original application shall be as follows: a preliminary plan shall be submitted with the original application. In addition to meeting the requirements of Subsection D above, this preliminary plan shall show the overall plan for development, including grading, landscaping, exterior design and location of buildings, lots, all common structures, facilities, utilities, access roads, streets, sidewalks, parking and open spaces. There shall also be fee receipt from the Village Treasurer in an amount established by resolution of the Village Board. In addition, the following data shall be summarized and attached:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(a)
Total land area (square feet).
(b)
Total number of living units.
(c)
Total floor area on all floors of proposed buildings measured by outside walls multiplied by number of floors.
(d)
Total building area at ground level including garages, carports, and other community facilities.
(e)
Total uncovered open space including paved areas in streets, walks and driveways.
(f)
Total recreation space defined as total open space minus paved areas in streets, walks and driveways but including tennis courts, swimming pools and floor area of recreation facilities.
(g)
Total occupant car spaces defined as off-street parking spaces without time limit.
(2)
The Village Planning Commission shall, in writing and giving reasons for its actions, approve or tentatively approve with suggestions for revisions or deny the original application within 90 days. In the event that the original application is denied, the applicant must resubmit an original application to receive consideration. If the Planning Commission approves or tentatively approves with suggestions for revision, the applicant shall submit a final plan for final approval within six months. After six months the applicant must resubmit an original application in order to be eligible for further consideration.
(3)
Public hearings on final applications shall be held within 90 days of the receipt of the final application.
(4)
Final plans shall be submitted within six months after favorable action by the Planning Commission. In granting the application, the Village Planning Commission shall make the following determinations based on the final plan:
(a)
That the tract to be developed is at least 10 acres in the case of planned unit residential development of exclusively single-family dwelling units and at least five acres in the case of planned unit residential development containing multifamily dwelling units.
(b)
That the tract to be developed is in single or corporate ownership.
(c)
That the height of the proposed structures conforms to the maximum set forth in the district regulations for the district in which the project is to be developed.
(d)
That the overall density of the project defined as the number of living units per acre does not exceed the district regulations for the district which is to be developed.
(e)
That a certificate attested by the Village Engineer showing the availability of adequate public sewer and water is present.
(f)
That landscaping and grading will be done to assure adequate drainage.
(g)
That the streets to be provided will assure a traffic circulation pattern which minimizes through traffic, allows for adequate turning and parking and provides ample space for the turning and effective use of snow plows, garbage and fire trucks, the loading and unloading of furniture and other pickups and deliveries without blocking traffic.
(h)
That there will be a minimum number of conflicts between pedestrian and vehicular traffic.
(i)
That the design of open spaces and housing will provide both easy access and privacy.
(j)
That no structure which contains residential units will be more than 200 feet from a street, parking area, or other right-of-way on which a fire truck may be operated.
(k)
That adequate lighting will be provided.
(l)
That the final plans include the planting of adequate trees and shrubs where not already present.
(m)
That the design of the development is in harmony with existing surroundings and will not be detrimental to the character of the neighborhood.
(n)
That the applicant has bonded himself and his contractor(s) to provide the improvements shown on the plans.
(o)
That in a single-family planned unit residential development, adequate deed restrictions are present, running in favor of the Village, or an automatic homeowners' association and individual homeowners for the proper maintenance, care and preservation of the exterior design, all common structures, facilities, utilities, access and open spaces by the original and all subsequent owners of property within the development.
(p)
That in a multifamily planned residential unit development, the owner or ownership has deeded the recreation space to the Village for the Village to maintain or has covenant to be binding on all future ownership.
(5)
In reviewing original and final plans and applications, the Planning Commission may seek technical assistance from such sources as it deems necessary.
(6)
Any modifications in the original plan shall be made only by agreement between the developer and the Planning Commission.
G.
No application for a conditional use that has been denied wholly or in part shall be resubmitted for a period of one year from the date of such order of denial, except on the grounds of new evidence or proof of change of conditions found to be valid by the Building Inspector.
H.
In any case where a conditional use has not been established within one year after the date of granting thereof, then, without further action by the Planning Commission, the conditional use or authorization shall be null and void.
I.
Mobile home parks are permitted as conditional uses in R-1 and R-2 Residential Zones, provided:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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 Ch. ATCP 79, 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)
Parking shall be provided in accordance with § 250-3N.
(10)
Unless adequately screened by existing vegetative cover, it 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 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 planting shall be grown or maintained to a height of not less than 15 feet.
J.
Travel trailer parks and campgrounds may be permitted in the R-2 and R-4 Districts.
(1)
The minimum size of a travel trailer park or campground shall be two acres.
(2)
The maximum number of travel trailers or campsites shall be 15 per acre.
(3)
Minimum dimensions of a travel trailer site or campsite shall be 25 feet wide by 40 feet long.
(4)
Each travel trailer site or campsite be separated from other travel trailer spaces or campsites by a yard not less than 15 feet wide.
(5)
Parking shall be provided in accordance with § 250-3N.
(6)
There shall be a minimum yard setback of 40 feet at all lot lines of travel trailer park or campground.
(7)
It shall conform to the requirement of Ch. SPS 326, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(8)
The screening provisions for mobile home parks are met.
K.
Uses in Conservancy District. Single-family residences, farm structures, mobile home parks, trailer parks and related uses will be permitted if the property owner or developer can demonstrate the following:
(1)
That on-site soil tests indicate that the proposed structures, uses and proposed method of sewage disposal can be accommodated adequately and safely.
(2)
That the lot in question is above any known high-water mark.
(3)
Drain tile around foundations or other necessary improvements will be provided in areas having a high-water table.
(4)
In areas of severe slopes (over 10%) practices such as terracing, retaining walls or extensive landscaping will be done in order to prevent erosion of top soils.
L.
Manufacturing uses: performance standards. All manufacturing uses listed in the conditional use classification in the Industrial District regulations shall give evidence of ability to comply with the following standards before the issuance of a building permit or certificate of occupancy. Continued compliance shall be required during the operation of such uses and activities. No use already established on the effective date of this chapter shall be so altered or modified as to conflict with or further conflict with the performance standards established hereafter.
(1)
Vibration. No operation which creates vibrations which are readily detectable without the use of instruments at any point along lot lines shall be permitted.
(2)
Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, and any subsequent revisions or amendments.
(3)
Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.
(4)
Toxic or noxious matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property and/or business shall be permitted.
(5)
Glare. No direct or reflected glare shall be detectable from any residential district. If such glare is detectable, adequate buffering by fence, hedge or wall shall be constructed to alleviate the condition.
(6)
Heat. No direct or reflected heat shall be detectable without instrument from any commercial or residential district boundaries. If such heat is detectable, adequate buffering by fence, hedge or wall shall be constructed to alleviate the condition.
(7)
Dust. No solid or liquid particles shall be emitted in concentrations exceeding three-tenths grains per cubic foot of the conveying gas or air.
(8)
Ash.
(a)
No emission of fly ash in excess of the quantity specified in the following table shall be permitted:
Heat of Fuel Burned | Fly Ash [British Thermal Unit Rate of Emission (lbs. per hour)] |
|---|---|
1,000,000 | 1 |
100,000,000 | 100 |
400,000,000 | 330 |
1,000,000,000 | 750 |
2,000,000,000 | 1,365 |
3,000,000,000 | 1,850 |
4,000,000,000 | 2,260 |
5,000,000,000 | 2,640 |
6,000,000,000 | 2,950 |
7,000,000,000 | 3,200 |
8,000,000,000 | 3,410 |
10,000,000,000 | 3,750 |
(b)
For heat content between any two consecutive heat contents given in the table, the fly ash limitations shall be determined by means of interpolation.
(9)
Smoke. No emission of smoke from any sources, as measured in the Ringlemann chart published by the United States Bureau of Mines shall be permitted in excess of:
(a)
In commercial districts, a density described as Ringlemann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes.
(b)
In an industrial district, a density described as Ringlemann No. 3.
(10)
Sound.
(a)
At no point on or beyond the boundary of any lot in an industrial district shall be the sound pressure level resulting from any use of activity, whether open or enclosed (except noises not directly under control of the property user, noises resulting from the construction and maintenance of buildings and facilities, including site preparation and the noises of safety signals, warning devices, railroads and airports), exceed the maximum permitted decibel levels for the designated octave band as set forth in the table below.
Octave Band, Frequency in Cycles Per Second | Sound Pressure Levels (decibels) |
|---|---|
0 to 74 | 79 |
75 to 149 | 74 |
150 to 299 | 66 |
300 to 599 | 59 |
600 to 1,199 | 53 |
1,200 to 2,399 | 47 |
2,400 to 4,799 | 41 |
4,800 and over | 39 |
(b)
Where an industrial district abuts a district permitting residences, the maximum permitted decibel levels at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level in the table.
M.
Private swimming pools. A private swimming pool, as regulated herein, shall be any pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than 1 1/2 feet. No such swimming pool shall be allowed in any residence or rural development district except as an accessory use and unless it complies with the following conditions and requirements:
(1)
The pool is intended and is to be used solely for the enjoyment of the occupants of the principal use of the property on which it is located.
(2)
It may be located, including any walks or paved areas or accessory structures adjacent thereto, no closer than 20 feet to any property line of the property in which located.
(3)
The swimming pool, or the entire property on which it is located, shall be so walled or fenced as to prevent uncontrolled access by children from the street or from adjacent properties; and where located, including any walks or paved area or accessory structures adjacent thereto, closer than 50 feet to any property line, shall be screened by a masonry wall or compact hedge not less than five feet in height maintained in good condition.
N.
Animal hospital. Animal hospitals shall be located no closer than 100 feet to any residential district, restaurant, hotel or motel in any district and shall show that adequate measures and controls shall be taken to prevent offensive noise and odor. No incineration of refuse shall be permitted on the premise.
O.
Guesthouses. Guesthouses without kitchen facilities may be constructed in rear yards, provided that they are a minimum of 10 feet from any other building and provided all other yard requirements of this chapter for a principal building are complied with.
P.
Home occupation. Any occupation for gain or support conducted entirely within buildings by resident occupants which is customarily incidental to the principal use of the premises, does not exceed 25% of the area of any floor, uses only household equipment and no stock-in-trade is kept or sold except that made on the premises. A household occupation includes uses such as babysitting, millinery, dressmaking, canning, laundering and crafts. It shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment but not for the general practice of his profession. Home occupation does not include the display of any goods nor such occupations as barbering, beauty shops, dance schools, real estate brokerage, photographic studios, commercial stables or kennels.
Q.
Country club; golf courses.
(1)
No building shall be located within 100 feet of any property line.
(2)
Facilities such as restaurants and bars may be permitted when conducted and entered from within the building.
(3)
Swimming pools, tennis courts and the like shall be located not less than 15 feet from any property line and adjoining property in any residence, R-4, R-1, R-2, and R-3 or B District shall be effectively protected by a wall, hedge and/or screen planting.
R.
Poultry farm.
(1)
Any building housing poultry shall be located not less than 200 feet from every lot line.
(2)
Proponent shall show that odor, dust, noise, drainage shall not constitute a nuisance or hazard to adjoining property or uses.
S.
Animal feed yards, animal sales yards, commercial kennels for dogs or cats, riding academies and public stables shall be located no closer than 200 feet from any property line, shall provide automobile and truck egress, shall provide parking and loading spaces, so designed as to minimize traffic hazard and congestion; proponent shall show that odor, dust, noise, drainage shall not constitute a nuisance or a hazard to adjoining property or uses.
T.
Agricultural processing plants in any residence district which process agricultural products produced on the premises or within a contiguous area shall be so located as to provide convenient trucking access with a minimum of interference to normal traffic, shall provide parking and loading spaces; proponent shall show that adequate measures shall be taken to control odor, dust, noise and waste disposal so as not to constitute a nuisance and that the proposed source of water will not deprive others of normal supply.
U.
Drive-in theaters shall be located only on major or secondary thoroughfares, shall provide ingress and egress so designed as to minimize traffic congestion, shall be located sufficiently distant from any residence (R-1, R-2 and R-3) district or existing dwelling and so screened from such district or dwelling that any noise shall not disturb residents and shall maintain lighted signs and other lights only in such a way as not to disturb neighboring residents.
V.
Golf driving range and amusement parks shall be located on major or secondary thoroughfares or nonresidential streets. Flood lights used to illuminate the premises are so directed and shielded as not to be an annoyance to any developed residential property. Golf driving platforms shall be not less than 200 feet from any adjacent residence (R-1, R-2 and R-3) district or existing dwelling. A temporary certificate may be granted to be in force for one year only, which certificate may be renewed for a period of one year at the expiration of such certificate, provided all requirements of this chapter have been and can continue to be complied with.
W.
Cemetery, crematory, mausoleum, and columbarium shall provide entrance on a major street or road with ingress and egress so designed as to minimize traffic congestion, shall provide required off-street parking space and shall provide a minimum six-foot-high wall or minimum three feet thick, six feet high evergreen hedge or provide a minimum 20 feet of permanently maintained planting strip on all property lines abutting any R District or residential street.
X.
Airports or heliports or landing strip for aircraft shall be located no closer than 600 feet from any dwelling; shall provide runways only so oriented that aircraft landing and taking off do not pass directly over dwellings; shall be located so that air or land traffic shall not constitute a nuisance to neighboring uses; proponents shall show that adequate controls or measures will be taken to prevent offensive dust, noise, vibrations or bright lights; proponents shall show that the field in question comes up to standards of the Federal Aviation Agency for the particular class of field.
Y.
Community building, social halls, lodges, fraternal organizations and clubs.
(1)
All buildings must be a minimum of 20 feet from the side lot lines and 50 feet from the rear lot line.
(2)
There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.
(3)
Any such use must be located on a major or secondary thoroughfare or be able to provide access without causing heavy traffic on local residential streets.
Z.
Private stables and paddocks shall be located on the rear half of the lot and not closer than 20 feet to any property line, nor closer than 40 feet from any dwelling on the same or adjoining property. The minimum lot area upon which a horse may be kept is one acre and two horses may be kept on such area. One additional horse may be kept for each 20,000 feet by which the parcel of land exceeds one acre.
AA.
Nursing homes.
(1)
Approval must be obtained from proper agencies concerning health and safety conditions and the home must be licensed by such agencies.
(2)
Such use must meet space requirements specified for the underlying district.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
BB.
Retail sales for guests only. Community buildings, private clubs, lodges, social or recreational establishments may engage in retail sales for guests only, provided that:
(1)
There shall be no external evidence of any gainful activity, however incidental, nor any access to any space used for gainful activity other than from within the building.
(2)
That there be no harm to adjacent existing or potential residential development due to excessive traffic generation or noise or other circumstances.
CC.
Hospital, church or other religious or eleemosynary institution shall be located on a major street on a minimum parcel of 1/2 acre and shall maintain a ten-foot-wide minimum landscaped strip on all property lines abutting R Districts and on all residential streets.
DD.
Fertilizer plants and yards shall be no closer than 200 feet to any (R-1, R-2 and R-3) residential district, shall provide automobile parking and truck loading area together with ingress and egress so designed to minimize traffic hazard and congestion, and shall show that odor, dust, noise and drainage shall not constitute a nuisance to surrounding properties.
EE.
Shooting clubs. A shooting club shall not be located within one mile of any developed residential, commercial or industrial area or place of public assembly. A temporary certificate will be granted, to be in force for one year only, which certificate may be resumed for a period of one year at the expiration of each temporary certificate, provided above requirements are met.
FF.
Inflammable liquid storage in I District.
(1)
Storage tanks for flammable liquids prohibited. No person shall install or permit the installation of any aboveground or underground tank for the storage of any flammable liquid in any residential district in the Village. Existing tanks for such storage shall be permitted only so long as they remain in good condition, and repairs to such existing tanks are hereafter prohibited. The use of any existing tank for the storage of flammable liquids shall discontinue at such time that said tank becomes in a state of disrepair.
(2)
Storage of flammable liquids regulated. The storage of flammable liquids in dwellings used for human habitation is prohibited other than in an attached garage, and in which event not more than 15 gallons of flammable liquid shall be stored therein, and in a well-ventilated location. Not more than 15 gallons of flammable liquid shall be stored in any accessory building or building not used for human habitation within a residential district.
(3)
Flammable liquid defined. As used in this chapter, "flammable liquid" shall mean any liquid having a flash point below 140° F. and having a vapor pressure not exceeding 40 pounds per square inch (absolute) at 100° F.
(4)
Penalty per violation. Any person found in violation of this subsection shall be subject to a penalty as provided by § 1-4 of this Municipal Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
GG.
A circus or carnival involving temporary assemblages of over 300 people and their automobiles may only be permitted in any district provided that such establishment may not be located on a street developed with residences, within 200 feet of such residences.
HH.
Amusement center, bowling alley, dance hall and similar places of amusement shall provide parking with ingress and egress designed so as to minimize traffic congestion, shall not be less than 20 feet from any property line, provide a minimum six-foot solid-board fence or masonry wall separating parking area from abutting residential property and shall show that adequate controls or measures will be taken to prevent offensive noise and vibration.
II.
A Nursery school or day care for more than five children shall maintain a minimum six-foot-high solid-board fence combined with a minimum three-foot-wide shrub planting area or a minimum six-foot-high masonry wall on any property line abutting a residential district. A nursery school shall be located only on a minimum 10,000 square feet lot and shall not develop excessive traffic on local residential streets.
JJ.
The extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials shall not be construed to be a permitted use in any district established by this chapter unless and until a zoning permit shall first have been secured therefor, except for the following defined extractions and deposits:
(1)
Excavations for the foundation or basement of any building or for a swimming pool for which a zoning permit and a building permit have been issued, or deposits on the earth of any building or construction materials to be used in a structure for which such zoning permit and building permit have been issued.
(2)
Grading of any parcel of land for a permitted use where no bank is left standing and exposed of more than 10 feet in vertical height, or when less than 1,000 cubic yards of earth is removed from the premises.
(3)
Grading in a subdivision which has been approved by the Village in accordance with Chapter 192, Subdivision of Land, of this Municipal Code, and any amendments thereto.
(4)
Excavations by any public agency or public utility for the installation, operation, inspection, repair or replacement of any of its facilities.
(5)
Any quarry existing and operating as such on the effective date of this section shall obtain a new use permit and conform with the provisions of this chapter within one year of the adoption of this chapter.
(6)
The Planning Commission shall have the power to grant conditional zoning permits, revocable and valid for specified periods of time, to permit extractions from or deposits on the earth of rock, stone, gravel, sand, earth, minerals or building or construction materials as set forth in this subsection.
(7)
The Building Inspector shall make such inspections as he deems necessary or as are required by the Planning Commission to ensure that all work is in accordance with the use permit. All inspection services shall be paid for by the applicant at the actual cost to the Village.
(8)
The conditions under which a use permit for excavation from or depositing on the earth of such materials may be issued may include but are not limited to any requirements deemed necessary to protect the public health, safety, comfort, convenience or general welfare including insurance against liability arising from production or activities or operations incident thereto; completion of the work and cleaning up and planting in accordance with approved plans; designation of area in which work may be done; designation of the slope to which excavation may be made or the grade of filling; provisions for controlling dust; hours during which operations may proceed; precautions which must be taken to guide safe traffic movements in and around and by such operation; enclosure by fences of exterior boundaries of property to be used; posting of a good and sufficient bond to assure compliance with the use permit and any other conditions deemed necessary by the Planning Commission.
KK.
Earth station dish antennas. Ground-mounted and building-mounted dish antennas are permitted as accessory uses, provided that all applicable requirements are met.
(1)
Earth station dish antennas shall be constructed and anchored in such a matter to withstand winds of not less than 80 miles per hour and such installations shall be constructed of noncombustible and corrosive-resistant materials.
(2)
Earth station dish antennas shall be filtered and/or shielded so as to prevent the emission or reflection of elector-magnetic radiation that would cause any harmful interference with the radio and/or television broadcasting or reception on adjacent properties. In the event that harmful interference is caused subsequent to its installation, the owner of the dish antenna shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(3)
Ground-mounted dish antennas shall meet the height requirements for accessory structures in the zoning district in which they are located. Service wires for earth station dish antennas shall be buried or 15 feet or more overhead. Building-mounted dish antennas shall not exceed the maximum height regulation of the zoning district in which they are located. No building-mounted earth station dish antennas shall be permitted unless they are designed for that purpose.
(4)
Ground-mounted earth station dish antennas shall meet all setback and yard requirements for accessory structures in the district in which they are located and are permitted in the rear yard only in residential districts provided that they shall be no closer than eight feet to the principal structure and any rear lot line, nor occupy more than 20% of the rear yard area. Ground-mounted earth station dish antennas are permitted in the side and rear yards in commercial, industrial and public/institutional zoning districts provided that they shall be no closer than eight feet to the principal structure, shall not occupy more than 50% of a side yard not 75% of a rear yard area, and shall be no closer than eight feet to any side or rear lot line nor eight feet to any alley line. Building-mounted earth station dish antennas shall not exceed the setback and yard requirements of the zoning district in which it is located.
(5)
Not more than one earth station dish antenna shall be permitted on a lot or parcel in a residential zoning district.
(6)
The installation of an earth station dish antenna shall require a building permit. The property owner shall submit, to the building inspector, plans which indicate the appearance, proposed location and installation method of the dish antenna. Earth station dish antennas shall be located and screened to minimize their visual impact on surrounding properties. If a property owner in a residential zoning district proposes a building-mounted antenna location in which the antenna would be visible from the front lot line, that property owner must demonstrate the reception would not be possible from a less conspicuous location. The property owner in a residential zoning district who proposes a building-mounted antenna must also submit a plan for screening the antenna from surrounding properties whenever such screening can be accomplished in a manner that is appropriate to the architecture of the building. The Building Inspector shall refer to the Planning Commission any plans which do not clearly meet the requirements of this section.
(7)
All earth station dish antennas, and the construction and installation thereof, shall conform to applicable Village building code and electrical code regulations and requirements. Prior to the issuance of a building permit for a building-mounted earth station dish antenna, the applicant shall submit a plan or document prepared by the registered professional engineer which certifies that the proposed dish antenna installation is structurally sound.
§ 250-31 Certificate of occupancy.
No vacant land shall be occupied or used and no buildings hereafter erected, altered or moved shall be occupied until a certificate of occupancy has been issued by the Building Inspector. Such certificate shall show that the building or premises or part thereof and the use thereof are in conformity with the provisions of this chapter. Such certificate shall be issued only when the building or premises and the use thereof conform to all the requirements of this chapter.
§ 250-32 Building permit required.
A.
No structure, water or land shall hereafter be used, no land use shall be substantially changed and no structure shall be erected, moved, or structurally altered, without full compliance with the terms of this chapter and other applicable regulations and until a building permit has been issued.
B.
Prior to the issuance of a building permit for any new home construction or any substantial remodeling job whereby construction debris will be generated, the building owner shall be required to have a trash dumpster of adequate size furnished by a commercial hauling firm to receive the construction debris and haul it away and dispose of it at a properly licensed site.
§ 250-33 Enforcement officials.
The Village Board hereby designates that it is the duty of the Building Inspector, with the aid of the Police Department, to enforce the provisions of this chapter. The Police Department shall report to the Building Inspector any activities which are being carried out without the required permit.
§ 250-34 Building permit application.
All applications for a building permit shall be made to the Building Inspector and shall be accompanied by plans in duplicate, drawn to scale, showing the name and address of the property owner; location, actual shape and dimensions of the lot to be built upon; high-water mark of any abutting watercourse; center line of abutting streets and highways; the exact size and location on the lot of the proposed or existing building and accessory building; the lines within which the building shall be erected, altered or moved; the existing and intended use of each building or part of a building; the number of families the building is intended to accommodate; and such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter. Fees for such permits shall be established by the Village Board.
§ 250-35 Board of appeals.
A Board of Appeals shall be appointed as specified in § 62.23(7)(e), Wis. Stats. The members shall serve without compensation and shall be removable by the Village President for cause upon written charges and after public hearing. The Board of Appeals shall make and file in the office of the Village Clerk its own rules and procedure consistent with Wisconsin Statutes. The Board of Appeals shall have the following powers:
A.
To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Building Inspector.
B.
To hear and decide special exceptions to the terms of this chapter upon which the Board of Appeals is required to pass.
C.
To authorize, upon appeal in specific cases, such variance from the terms of this chapter as will not be contrary to the public interest, where owing to special conditions a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured and substantial justice done; provided, however, that no such action shall have the effect of establishing in any district a use or uses not permitted in such district.
D.
To permit the erection and use of a building or premises in any location subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter, for such purposes which are reasonably necessary for public convenience and welfare.
E.
The Board of Appeals may reverse or affirm wholly or in part or may modify any order, requirement, decision or determination as in its opinion ought to be made in the premises and to that end shall have all the powers of the Building Inspector. The concurring vote of four members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirements of this chapter. The grounds of every such determination shall be stated and recorded. No order of the Board of Appeals granting a variance shall be valid for a period longer than six months from the date of such order unless the building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
§ 250-36 Appeals and variances.
Any person aggrieved or any officer, department, board or commission of the Village affected by any decision of the Building Inspector under this chapter may appeal to the Board of Zoning Appeals by filing a notice of appeal with the Building Inspector and with the Board specifying the grounds of appeal within 30 days after the decision or action complained of. The Board of Appeals, after a public hearing, may determine and vary the regulations of this chapter in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Board of Appeals makes findings of fact in accordance with the standards hereinafter prescribed and further, finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this chapter.
A.
Application for variance and notice of hearing. An application for a variance shall be filed in writing with the Building Inspector. The application shall contain such information as the Board of Appeals may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in a newspaper of general circulation in the Village and also by mailing notice thereof to the parties in interest, at least 10 days prior to the date of the hearing. The Board shall thereafter reach its decision within 90 days from the filing of the application.
B.
Standards for variances. The Board of Appeals shall not vary the regulations of this chapter, as authorized in § 250-35, unless it shall make findings based upon the evidence presented to it in each specific case that:
(1)
Because of the particular physical surroundings, shape, or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience if the strict letter of the regulations were to be carried out.
(2)
The conditions upon which a petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification.
(3)
The purpose of the variance is not based exclusively upon a desire to make more money out of the property.
(4)
The alleged difficulty or hardship is caused by this chapter and has not been created by any person presently having an interest in the property.
(5)
The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvement in the neighborhood in which the property is located.
(6)
The proposed variation will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(7)
The Board of Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the standards established in this section.
C.
Authorized variances. Variances from the regulations of this chapter shall be granted by the Board of Appeals only in accordance with the standards established in Subsection B above, and may be granted only in the following instances and in no others:
(1)
To permit any yard or setback less than a yard or a setback required by the applicable regulations.
(2)
To permit the use of a lot or lots for a use otherwise prohibited solely because of the insufficient area or width of the lot or lots, but in no event shall the respective area and width of the lot or lots be less than 80% of the required area and width.
(3)
To permit the same off-street parking facility to qualify as required facilities for two or more uses, provided that substantial use of such facility by each user does not take place at approximately the same hours of the same days of the week.
(4)
To reduce the applicable off-street parking or loading facilities required by not more than one parking space or loading space, or 20% of the applicable regulations, whichever number is greater.
(5)
To increase by not more than 25% the maximum distance that required parking spaces are permitted to be located from the use served.
(6)
To increase by not more than 10% the maximum gross floor area of any use so limited by the applicable regulations.
§ 250-37 Severability.
It is hereby declared to be the intention of the Village Board that the several provisions of this chapter are separable in accordance with the following:
A.
If any court of competent jurisdiction shall adjudge any provision of the chapter to be invalid, such judgment shall not affect any other provisions of this chapter not specifically included in such judgment.
B.
If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to a particular property, building or other structure, such judgment shall not affect the application of such provision to any other property, building or structure not specifically included in such judgment.