Coloma Village City Zoning Code
§ 480-11
Conditional uses.
General provisions.
Uses listed in the Land Use and Activities Table of the Village of Coloma, attached to this chapter, as permitted by conditional use permit may be authorized in the district in which permitted upon application to the Plan Commission and subject to the Commission's authorization of a conditional use permit.
The Plan Commission shall consider the effect of granting such permit 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.
Procedure.
A request for a conditional use permit shall be submitted in writing to the Zoning Administrator, or the Village Clerk/Treasurer as agent for the Administrator, who shall promptly refer the application to the Plan Commission. The application shall be accompanied by the same information as is required for a building permit and the fee specified in the Zoning Permit Fee Schedule of the Village of Coloma.[1] The Plan Commission 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.
[1]
Editor's Note: The current fee schedule is on file in the Village offices.
The Plan Commission shall review the site; existing and proposed structures and architectural plans; parking areas and driveway locations; highway access, traffic generation and circulation; drainage, sewerage and water systems; operation; conditions which will effect 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 the adjacent land.
Upon consideration of the factors listed above, the Plan Commission 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, specified sewage disposal and water supply systems, planting screens, sights, or any other requirements necessary to fulfill the purpose and intent of this chapter.
Hearing. The Plan Commission shall schedule a public hearing on the application within 30 days after it is filed. Class 2 notice shall be given prior to such hearing.
Determination. The Plan Commission shall report its decision within 90 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.
Appeal of the Plan Commission decision. A decision of the Plan Commission in granting or denying a conditional use permit may be appealed to the Village Board. Applications for such appeals shall be signed by the applicant or by persons who would have protest petition rights under § 62.23(7), Wis. Stats., or by any Board of Trustees member. Such appeal shall be filed within 10 days of the Plan Commission action. The Board of Trustees may affirm. To reverse or modify the action of the Plan Commission will require a 3/4 majority.[2]
Mapping and recording. When a conditional use is approved, an appropriate record shall be made by the Village Clerk/Treasurer, at the direction of the Zoning Administrator, of the land use and building permits and such grant shall be applicable solely to the structures, use and property so described.
Termination. Where a permitted conditional use does not continue in conformity with the conditions of the original approval, the conditional use permit shall be terminated by action of the Plan Commission and may be considered by the Commission as a violation of this chapter.
Conditions for selected conditional use permits. Land uses or activities listed in the Land Use and Activities Table of the Village of Coloma, attached to this chapter, as being "conditional uses" shall not be considered permitted, and the Zoning Administrator shall not issue a zoning certificate for such uses or activities, until applicable conditions, as set forth below, in addition to any required by the Plan Commission, have been complied with or a variance has been granted.
Animal hospital or pound. Animal hospitals or pounds shall have a lot area not less than one acre, and all principal structures and uses shall be not less than 100 feet from any residential district.
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.
Airport, air strips and landing fields. Airports, air strips and landing fields shall have a lot area of not less than 20 acres.
Bag cleaning. All principal structures and uses involving bag cleaning shall be located at least 600 feet from residential and public and semipublic buildings.
Bakery. A bakery is permitted in a Neighborhood Commercial District, provided that all goods processed and prepared on the premises are sold only on the premises.
Battery and tire sales and service. A battery and tire sales and service establishment is permitted in a Highway Commercial District, provided that:
Bleacheries. Bleacheries shall be located at least 600 feet from residential and commercial districts.
Boat sales and repair. A boat sales and repair establishment is permitted in the Highway Commercial District, provided that:
Camping areas. Camping areas may be permitted, provided that:
The minimum size of a camping area shall be five acres.
The maximum number of camping sites shall be 10 per acre.
Minimum dimensions of a camping site shall be 50 feet wide by 40 feet long.
Each camping site shall be separated from other camping sites by a yard not less than 15 feet wide.
There shall be 1 1/2 automobile parking spaces for each camping site.
There shall be a minimum setback for each camping site of 40 feet from all other exterior lot lines.
The Planning Commission shall specify that adequate waste disposal facilities are provided.
Canneries. All principal structures and uses involving canning shall be located at least 600 feet from residential and commercial districts.
Churches or other places of religious worship.
In commercial 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.
No structure may be located less than 30 feet from any residential lot line.
Adjacent to residential lot lines, a heavily landscaped buffer strip at least 12 feet wide shall be provided.
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.
Drive-in theaters. Drive-in theaters shall have a planting screen at least 50 feet wide along any side abutting a residential district.
Dwelling, efficiency. One efficiency dwelling (See § 480-1.) is permitted when such dwelling is included within the structure of an owner-occupied one-family dwelling and does not occupy more than 30% of the total usable floor area not to exceed 200 square feet to 400 square feet of such one-family dwelling.
Dwelling, multiple-family abutting R-1 and R-2 Districts. A multifamily dwelling is permitted adjacent to or across the street from R-1 and R-2 Districts, provided that:
The building setback requirements of the R-1 and R-2 District are met and a landscaped buffer strip at least 10 feet wide (See § 480-1.) shall be established adjacent to the R-1 and R-2 lot line and approved as part of site plan approval.
Trash receptacles are located not less than five feet from any property line and are appropriately screened.
Approved facilities are provided for the outdoor or indoor storage of seasonal vehicles, recreation equipment, and similar items.
Dwelling; single family, duplex, multifamily - C-2 District. Dwelling units occupying second floor level as an accessory to permitted uses in the Community Commercial District.
Residential dwelling units shall not be permitted on the ground floor in the C-2 District.
One parking space shall be provided for each dwelling unit on premises or may be acceptable off premises with evidence of long-term availability.
Residential units shall meet minimum standards for basic equipment, lighting, heating, ventilation, electrical services, and related standards specified in the Uniform Dwelling Code adopted by the Village of Coloma.
Residential units shall have outside ingress/egress independent of the principal commercial use.
Minimum floor space for dwelling units shall be 400 square feet.
Efficiency units shall not be allowed.
Electric and steam generating plants. Electric and steam generating plants shall be located at least 600 feet from residential and commercial districts.
Electroplating. All principal structures and uses involving electroplating shall be located at least 600 feet from residential and commercial districts.
Enameling. All principal structures and uses involving enameling shall be located at least 600 feet from residential and commercial districts.
Filling. Filling may be permitted, provided that the fill material:
Shall be suitable for its intended use; no fill intended for supporting buildings shall consist of junk, wood, paper, mulch, peat or any similar material which could cause subsidence.
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.
Shall rest on a firm bottom and is stabilized according to accepted engineering standards.
Shall not impede the drainage from adjacent lands as to create significant harm without the adjacent landowner's written consent.
Shall not in any manner alter the course of a waterway on property belonging to someone other than the applicant.
Forges. Forges shall be at least 600 feet from residential and commercial districts.
Foundries. Foundries shall be at least 600 feet from residential and commercial districts.
Funeral homes. Funeral homes shall have all principal structures and uses not less than 25 feet from any lot line.
Grading. Grading of an area greater than the specified area may be permitted, provided that:
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.
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.
Home occupations. Home occupations may be permitted, provided:
The occupation is conducted only by members of the family, within their place of residence.
That no article is sold or offered for sale on the premises except that which is produced by the home occupation.
That no stock-in-trade is kept or sold.
That no mechanical equipment is used other than such as is permissible for purely domestic purposes.
The home occupation is conducted only within the enclosed area of the dwelling unit or an attached garage. If such occupation is conducted in an attached garage, it cannot displace the enclosed storage of property maintenance and recreational equipment. There are no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation is visible outside any structure located on the premises.
No use creates smoke, odor, glare, noise, dust, vibration, fire hazard, environmental hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
Only one sign is used to indicate the type of occupation or business. The sign may not exceed 200 square inches in size and may not be illuminated. The appearance and content of the sign shall be subject to the approval of the Zoning Administrator.
The use does not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
The space required by the occupation or activity is no greater than 25% of the gross floor area of the dwelling on the lot or 1/2 of an attached garage.
Hospitals. Hospitals shall have all principal structures and uses not less than 50 feet from any lot line.
Incinerator, public. All public incinerators shall be located at least 600 feet from residential and commercial districts.
Junkyards. No junk or salvage yard shall be permitted in the Village of Coloma except in conformance with a plan approved by the Village Plan Commission. Such yards shall comply with the following requirements:
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.
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 a public right-of-way such as roads, streets, highways and waterways. The fence or planting screen shall be kept in good repair.
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.
For fire protection, an unobstructed firebreak shall be maintained, one rod in width and completely surrounding the salvage or junkyard.
Lacquering. All principal structures and uses involving lacquering shall be located at least 600 feet from residential and commercial districts.
Lithographing. All principal structures and uses involving lithographing shall be located at least 600 feet from residential and commercial districts.
Manufacturing and bottling of alcohol beverages. Manufacturing and bottling of alcohol beverages shall be located at least 600 feet from residential and commercial districts.
Manufacturing and processing of materials listed below. Manufacturing and processing of abrasives, acetylene, acid, alkalis, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candles, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal, coffee, coke, cordage, creosote, dextrin, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber, sausage, shoddy, shoe and lamp blacking, size, starch, stove polish, textiles and varnish shall be located at least 600 feet from residential and commercial districts.
Manufacturing, processing and storage of materials listed below. Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast shall be located at least 600 feet from residential and commercial districts.[3]
Mobile home parks. Mobile home parks are permitted as conditional uses pursuant to the provisions of § 480-12 of this chapter.
Nursery, greenhouse, truck garden. In a residential district, nurseries, greenhouses and truck gardens may be permitted, provided that:
Nursing homes. Nursing homes shall have all principal structures and uses not less than 50 feet from any lot line.
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 shall have all principal structures and uses not less than 100 feet from any residential district boundary.
Recreation areas. Recreation areas may be permitted, provided that:
Compatibility. The area shall be compatible with adjacent land or water uses.
Illumination. Any lighting facilities are designed as to minimize reflection or glare.
Sanitary systems. Sanitary systems are adequately designed for the intensity of use and are located as to not cause water pollution.
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.
Rental service facility including vehicles. A rental service facility (including vehicles) may be permitted in a commercial district, provided that:[4]
Outdoor storage areas are located no less than 10 feet from any property line.
A landscaping plan has been approved for outdoor storage and parking areas.
Access drives are clearly defined and are no wider than 24 feet.
Rest homes. Rest homes shall have all principal structures and uses not less than 50 feet from any lot line.
Road test facilities. Road test facilities shall be located at least 600 feet from residential and commercial districts.
Rooming house or boardinghouse. A rooming house or boardinghouse is permitted in a residential district, provided that:
Bathroom facilities must conform to all Village housing and health codes.
One on-site, off-street parking space shall be required per lodging room. If on-site parking spaces cannot be provided, required parking may be provided within 200 feet of the property where the lodging rooms are located.
All Wisconsin Administrative Code requirements shall be met and are hereby adopted by reference.
Lodging rooms shall be permitted at a density not to exceed one unit for each 2,000 square feet of lot area.
Sawmills. Sawmills shall have all principal and accessory structures and uses located at least 600 feet from residential and commercial districts.
Schools, public, parochial and private elementary and secondary. Public, parochial and private elementary and secondary schools in the residential and commercial 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.
Secondhand store. A secondhand store may be permitted in a Community Commercial District or Neighborhood Commercial District, provided that there is no outside, overnight storage of furniture, appliances or any other type of material or rummage.
Sewage disposal plant. Sewage disposal plants shall be located at least 600 feet from residential and commercial districts.
Slaughterhouses. Slaughterhouses shall have all principal and accessory structures and uses located at least 600 feet from residential and commercial districts.
Smelting. Smelting operations shall have all principal and accessory uses and structures at least 600 feet from residential and commercial districts.
Tanneries. Tanneries shall have all principal and accessory structures and uses located at least 600 feet from residential and commercial districts.
Temporary building or fence. A temporary building or fence is permitted when such building or fence is related to a construction project and located on the same lot where such construction is being undertaken or on a lot contiguous thereto.
Utilities. Utilities shall have all principal structures and uses not less than 40 feet from any residential lot line.
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.
Work in respect to waterways.
Shall not impede the drainage of adjacent lands without the written consent of the adjacent landowners.
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.
Shall not create detrimental effects upon the wildlife habitat on lands belonging to individuals other than the applicant.
Shall not be incompatible with adjacent land uses; create a safety hazard or a nuisance.
Shall have the walls of artificial channels or watercourses stabilized to prevent slumping and erosion.
Wrecking yard. Wrecking yards shall meet the same requirements as those specified for junkyards.
Zero lot line. Zero lot line dwellings in the Residential Two-Family R-3 District shall meet district requirements and in addition shall meet the following conditions:
The developer shall show compliance of lot recordation.
Public services and utilities shall be provided to each specific dwelling unit.
Front yards shall have public street orientation.
The adjacent lots are held under the same ownership at the time of initial construction of the attached dwellings.
Each unit shall have individual driveway access and parking.
Restrictive covenants shall be recorded at the Waushara County Register of Deeds providing declarations and/or bylaws similar to those recorded on a declaration of condominium. Said covenants shall provide for mediation of any and all disputes between owners of each unit and with any third party with regard to construction, use, and maintenance of the real property. Furthermore, said covenants shall specifically state that the Village of Coloma and all approving authorities shall not be held responsible for same and that said covenants shall run with the land and inure to all heirs/successors and assigns.