Combined Locks Village
City Zoning Code
City Zoning Code
ARTICLE V
Special Exceptions
§ 580-35 Purpose; special exceptions.
A.
The development and execution of this article is based upon the division of the Village of Combined Locks into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as special exceptions.
B.
Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission and Village Board upon their finding that these are necessary to fulfill the purpose and intent of this chapter.
C.
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all special exceptions.
§ 580-36 Initiation of special exception.
Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a special exception is sought may file an application to use such land for one or more of the special exceptions provided for in this article in the zoning district in which such land is located.
§ 580-37 Application for special exception.
A.
Application. An application for a special exception shall be filed on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed special exception shall conform to the standards set forth in § 580-40 hereinafter. The Plan Commission or Village Board may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
B.
Fees. Any application for a special exception shall be accompanied by a fee of in the amount of the current established cost of the Village of Combined Locks to compensate the Village for publication of notices and other expenses. No action shall be taken until such fee has been paid.
§ 580-38 Hearing on application.
All requests for special exceptions shall be to the Plan Commission or the Plan Commission or Village Board can, on their own motion, apply special exceptions when applications for rezoning come before it. Upon receipt of the application and statement referred to in § 580-37 above, the Plan Commission shall hold a public hearing on each application for a special exception at such time and place as shall be established by the Plan Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
§ 580-39 Notice of hearing on application; Plan Commission recommendation.
A.
Notice. Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 Notice under Ch. 985, Wis. Stats., in the official Village newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Village Board and Plan Commission, and the owners of record as listed in the office of the Village Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing.
B.
Plan Commission recommendation. The Plan Commission may recommend to the Village Board to approve, disapprove or approve subject to stipulated conditions and safeguards a request for a special exception. If the Plan Commission shall recommend disapproval of a special exception, it shall state fully in its record its reasons for doing so. Such reasons shall take into account the factors stated in this article, or such of them as may be applicable to the action of disapproval, and the particular regulations relating to the special exception requested, if any. The report and recommendations of the Plan Commission shall be advisory only and shall not be binding on the Village Board. The Plan Commission shall report its action to the Village Board within 45 days after a matter has been referred to it, after which the Village Board shall take formal action.
§ 580-40 Standards; special exceptions.
A.
Standards. No application for a special exception shall be recommended for approval by the Plan Commission, or granted by the Village Board, unless the Village Board and Plan Commission shall find all of the following conditions are present:
(1)
That the establishment, maintenance or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2)
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
(3)
That the establishment of the special exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(5)
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6)
That the special exception shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
(7)
That the proposed use does not violate floodplain regulations governing the site.
(8)
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the Village Board and Plan Commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
C.
Additional considerations. In addition, in passing upon a special exception permit, the Village Board and Plan Commission shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on the site.
(4)
The location of the site with respect to floodplains and floodways of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 580-41 Approval or denial of application for special exception permit.
A.
Board approval. The Village Board shall act on the Plan Commission recommendation at its next regularly scheduled meeting if not less than 15 days from the date of the Plan Commission recommendation on the request. No public notice and hearing is required for Village Board action on the recommendation and request, but the matter shall be handled in a public session as part of a previously prepared agenda. All matters relating to Village Board consideration of a request for a special exception and Plan Commission recommendation shall be a public record and require formal action of the Village Board.
B.
Board denial. Whenever a decision of denial of a special exception application is made by the Village Board, the Board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Board has used in determining that each standard was not met.
§ 580-42 Conditions and guarantees.
The following conditions shall apply to all special exceptions:
A.
Conditions. Prior to the granting of any special exception, the Planning Committee may recommend and the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special exception as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in § 580-40 above. In all cases in which special exceptions are granted, the Village shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Plan Commission may 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/use.
C.
Alteration of special exception. No alteration of a special exception shall be permitted unless approved by the Village Board.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Village Board may require the use of certain general types of exterior construction materials and/or architectural treatment.
§ 580-43 Validity of special exception permit.
A.
Action to construct required. Where a special exception application has been approved or conditionally approved, such approval shall become null and void within 24 months of the date of the approval unless the use is commenced, construction is under-way or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Board may extend such permit for a period of 90 days for justifiable cause, if application is made to the Village Board at least 30 days before the expiration of said permit.
B.
Action to maintain use of special exception. If a property is not actively used for six months for the purpose for which a special exception was granted, the special exception is automatically terminated.
§ 580-44 Complaints regarding special exceptions.
The Village Board shall retain continuing jurisdiction over all special exceptions for the purpose of resolving complaints against all previously approved special exceptions. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved special exception, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject special exception is in violation of either one or more of the standards set forth in § 580-40 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 580-39 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Village Board may, in order to bring the subject special exception into compliance with the standards set forth in § 580-40 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject special exception. In the event that no reasonable modification of such special exception can be made in order to assure that standards in Subsections A and B in § 580-40 will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the special exception in writing stating the reasons therefor.
§ 580-45 Bed-and-breakfast establishments.
A.
As special exception. Bed-and-breakfast establishments shall be considered special exceptions and may be permitted in residence districts pursuant to this article.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
BED-AND-BREAKFAST ESTABLISHMENT
Any place of lodging that provides four or fewer rooms for rent for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.
C.
State standards. Bed-and-breakfast establishments shall comply with the standards of Ch. ATCP 73, Wis. Adm. Code.
§ 580-46 Home occupations.
A.
Intent. The intent of this section is to provide a means to accommodate a small family home-based business or professional home office as a special exception without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.
B.
Restrictions on home occupations. Except as provided in Subsection C below, occupations are a special exception in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage, or within an accessory building or structure, provided that business is conducted entirely within the confines of such a building or structure and between the hours of 8:00 a.m. to 8:00 p.m.
(2)
There shall be 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.
(3)
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(4)
No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated, shall be no larger than 540 square inches, and shall be located a minimum of 10 feet from the road right-of-way. A sign permit is required per § 580-64.
(6)
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7)
The Village Board may determine the percentage of the property that may be devoted to the occupation, but shall not exceed 30%.
(8)
The home occupation is restricted to a service-oriented business; the manufacturing of items or products or the sale of items or products on the premises is prohibited.
(9)
The types and number of equipment or machinery may be restricted by the Village Board.
(10)
Sale or transfer of the property shall cause the special exception permit to be null and void.
(11)
Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.
(12)
Only one nonresident employee may be employed on-site by the home occupation.
C.
Permitted use exception. A home occupation under this section may be maintained in any Residential District as a permitted use, as opposed to a special exception, if the standards of Subsection B above are complied with, and no sign is erected or maintained regarding the home occupation, no more than one person works on the premises, no customers regularly come to the house, and the business is service-oriented and not engaged in retail trade.