No use of buildings or premises classified as a conditional use in this chapter shall be undertaken, extended, changed or continued, except upon recommendation by the plan commission and approval by the common council. The plan commission may authorize the administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. If a planned development conditional use has been granted for the development of a parcel(s) in order to ensure the implementation of a comprehensive and cohesive unified development plan, individual uses within the development can be modified without the need for a revised conditional use permit, provided the individual uses are permitted-by-right in the underlying zoning district and provided the uses are not in conflict with the conditions of the conditional use agreement. All other provisions of this article still apply.

(Code 1997, § 17.40; Rep. and Recr. #411)

(Ord. No. 777, § 11, 3-1-2021)

(a)

Preliminary staff consultation. A petitioner shall have a preliminary consultation with the administrator and such other city staff and consultants that the administrator deems needed and appropriate to conduct a preliminary review of the application.

(b)

Preliminary plan commission consultation. A petitioner may meet with the plan commission for a preliminary consultation prior to submitting a conditional use application. The purpose of this preliminary consultation is to review and discuss the proposed request.

(c)

Application. A request for conditional use shall be made on special forms available in the city clerk's office and submitted in writing to the administrator at least 28 days before the regularly scheduled plan commission meeting. The administrator shall promptly refer such petition to the plan commission for determination. The application shall be accompanied by the appropriate fee as noted in section 52-296(a).

(d)

Supplemental data and site plan. The conditional use applications shall include and be accompanied by the following information:

(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; hours of operation; and the zoning district within which the subject site lies.

(3)

A site plan showing all of the relevant information required in article II of this chapter under the site plan requirements.

(4)

Additional information as may be required by the city plan commission or administrator.

(e)

Hearing. After receipt of the application form and all additional information, the city clerk shall advertise a public hearing on the request as soon as practical; provided, however, that no such hearing shall be scheduled, advertised or held until the administrator certifies that the application is complete and all data and information is on file with the plan commission and available for public inspection.

(Code 1997, § 17.41; Rep. and Recr. #411)

(a)

Review. The plan 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.

(b)

Determination. After study and review of the necessary data, the plan commission shall hold a public hearing. The plan commission shall render its decision in writing no later than 90 days from the date of the public hearing. Any further consideration of the petition beyond the 90-day period shall be preceded by another public hearing on the petition.

(c)

Factors to be considered.

(1)

The plan commission shall base its determination on the effect of such grant on the health, safety and welfare of the community and of the immediate neighborhood in which such use would be located, including such considerations as compatibility with existing uses, problems of fire and police protection, traffic movement and control, water, sanitation and utilities, impact (aesthetically or otherwise) on surrounding property values, noise, dust, smoke, odor and such other factors appropriate to the granting of a conditional use.

(2)

The plan commission's decision shall include an accurate description of the use permitted, the property on which permitted and any and all conditions made applicable thereof or if disapproved, shall indicate the reasons for disapproval. All papers in the matter shall become permanent commission records.

(d)

Approval of the common council. Every conditional use decision rendered by the plan commission, whether granting the conditional use or denying it, shall be placed upon an agenda of a common council meeting within 45 days of the plan commission determination. The common council shall approve, reject or refer back to the plan commission with appropriate instructions. This procedure is not an appeal, and the common council's approval shall be on the record. However, the common council may allow time for parties to present oral or written arguments. The decision of the common council shall be final, and the applicant will be deemed to have exhausted his administrative remedy upon such decision.

(e)

Conditional use review, determination, approval and amendment.

(1)

All proposed changes, revisions or additions to the terms or conditions of any existing conditional use shall be submitted to the plan commission in accordance with the procedure set forth in section 52-137. Upon receipt of such an application seeking a change, revision, or addition to any term or condition of a conditional use permit, the plan commission shall schedule a public hearing, and shall provide written notice of the public hearing to the owners of any lands lying within 300 feet of the lands described in the conditional use permit. Following the conclusion of the public hearing, the plan commission shall make such recommendations as the plan commission deems appropriate, and shall forward those recommendations to the common council. Upon receipt of the recommendation, the common council may approve in part or deny the requested change, revision or addition to the terms and conditions of the conditional use permit.

(Code 1997, § 17.42; Rep. and Recr. #411; Rep. & Recr. #560; Rep. & Recr. #638)

(a)

Standard requirements. Except as may be specifically permitted, a conditional use shall comply with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses.

(b)

Conditions. 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 plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(c)

Modification of regulations. Requirements applicable to uses permitted by right or as accessory uses in any district by the regulations of this chapter may be modified or waived by the plan commission in their application to a conditional use if in the commission's opinion they are not appropriate or necessary to the proper regulation of the conditional use and where such modification or waiver would not in the commission's opinion have an adverse effect upon the surrounding properties.

(d)

Accessory uses and structures. Uses and structures accessory to a principal conditional use shall be subject to appropriate regulation in the same manner as set forth for the principal conditional use.

(Code 1997, § 17.43; Rep. and Recr. #411)

(a)

Where a permitted conditional use is abandoned or does not continue in conformity with the conditions of the original approval; where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with surrounding areas; or for similar cause based upon considerations of public health, safety or welfare, the conditional grant may be terminated by action of the common council following referral to the plan commission for recommendation and public hearing thereon.

(b)

The council or plan commission with council approval may establish a termination date for any approval under this section. Such date shall be effective 24 months after the date of such approval, unless otherwise established by the council or plan commission and shall be set forth in the minutes of the council or plan commission. A certified excerpt thereof shall be recorded with the register of deeds where the council or plan commission considers it appropriate. No further notice or hearing shall be required for such revocation to occur. It is the intent of the council that where proposed projects are not substantially underway by such date, the approval shall terminate; however, where substantial progress has been made by such date, the council may extend it. Substantial progress shall be evidenced by the petitioner securing valid building permits for the project. Where appropriate, substantial progress can be defined in a development agreement outlining a percentage of completed construction or project phasing which shall be considered substantial progress for purposes of this section.

(Code 1997, § 17.44; Rep. and Recr. #411; Am. #740)

(a)

When a conditional use is approved, the building, occupancy and zoning permits shall be appropriately noted and such grant so described. Indication of such grant shall also be made on the official zoning map by appropriate code number or symbol.

(b)

After approval of a conditional use for a lot or parcel of land, any part of which is located in a designated floodplain area or is zoned RL-1, RL-1A or RL-2, the Wisconsin Department of Natural Resources shall be notified. Copies of the decision shall be sent to the department of natural resources' southeast district office within ten days after the conditional use has been granted or denied.

(Code 1997, § 17.45; Rep. and Recr. #411)

The following uses may be permitted as conditional uses in the districts specified:

(1)

Legal nonconforming uses. In any district. See article VII of this chapter.

(2)

Commercial kennels. In the agricultural district, provided that except for animal hospitals, no such use shall be permitted on a lot of less than five acres. A buffer area shall be provided between dog pens and all adjoining lands to minimize the impact of the kennel operation on adjoining lands.

(3)

Cemeteries and mausoleums for the burial of human remains only. In any district, subject to approval of the common council following recommendation of the plan commission.

(4)

Noncommercial clubs and outdoor recreational facilities, such as recreational camps, golf courses, bathing beaches and resorts. In any district, subject to the following:

a.

No such use shall be permitted on a lot or parcel of land less than three acres in area, except that this prohibition shall not apply to lands located in a B-2 Local Business District or less restrictive district, which lands and use thereof shall be governed by area requirements applicable to such districts, nor shall this prohibition apply to yacht clubs, war veterans' clubs or curling clubs, regardless of the district in which such club may be located.

b.

No building other than one used only for residence purposes shall be closer than 75 feet to the lot line of an adjoining lot in a residential district.

c.

Off-street parking shall be provided as required by the plan commission adequate to meet the particular needs of the proposed use.

d.

No such permitted use shall include the operation of a facility, such as a bar or restaurant, except as may be specifically authorized in the grant of a permit.

e.

The term "outdoor recreational facilities" as used in this section does not include a recreational facility that falls within the definition of a "sport shooting range", as that term is defined in Wis. Stats. § 895.527 nor does the term include any recreational facility involving the discharge of firearms or other projectiles subject to the restrictions and prohibitions contained in section 34-20 of the City Code.

(5)

Riding academies or commercial stables. In all districts, including agricultural, subject to the following:

a.

No such use shall be permitted on a lot less than 7½ acres in area.

b.

No building other than one used only for residence purposes shall be closer than 75 feet to the lot line of an adjoining lot in a residential district, except as set forth below.

c.

Off-street parking shall be provided as required by the plan commission adequate to meet the particular needs of the proposed use.

d.

No such permitted use shall include the operation of a facility, such as a bar or restaurant, except as may be specifically authorized in the grant or permit.

(6)

Planned unit development. In any district. See article IX of this chapter.

(7)

Public, semipublic and governmental buildings and uses. In any district, subject to the following:

a.

Public utility poles, towers, water storage tanks, lines and subsurface mains, except that no public hearing shall be required before approval of any such conditional use is granted. Static transformer stations, booster stations and other utility stations, when operating requirements necessitate locating in a residential district in order to serve the neighborhood, may be conditionally authorized provided such installations include no yard or garage for service or storage and provided, further, that the premises upon which such utility station is erected and maintained shall be appropriately landscaped and screened so as to be in harmony with the general appearance of the neighborhood.

b.

Such use shall conform to the setback, height and double the offset requirements of the district in which it is located.

c.

The height limitation may be extended to a maximum of 50 feet, provided the minimum required setbacks and offsets be increased two feet for every additional foot of height in excess of the permitted maximum of that district, except that such additional height for public utility towers or poles may be permitted without increase of setback or offset requirements.

(8)

Telecommunication antennas and towers. In any district. See section 52-145. Section 52-145 shall apply to telecommunication antennas and towers. Section 52-142(7) provides for public, semi-public and governmental buildings and uses which include public and private utilities and other public services as defined in section 52-11. The provisions of section 52-142(7)a through c shall apply unless in conflict with the provisions of section 52-145.

(9)

Boat sales, service and repairs. In B-1 and less restrictive districts, subject to the following conditions:

a.

Boats, boat motors and marine related equipment must be serviced within a totally enclosed building in B-1 districts.

b.

Outdoor storage:

1.

Outside storage areas shall be enclosed by fencing erected and maintained by owner of site and shall be of a type to prevent vandalism of the area.

2.

Outside storage areas shall be used only for storage of boats and marine-related equipment.

3.

Outside storage areas shall have hard surface to minimize hazard of grass fires, unless a specific exemption from this requirement is granted by the plan commission and common council.

(i)

The non-hard-surfaced area shall be totally screened and enclosed and not visible or accessible by the general public.

(ii)

All non-hard-surfaced areas used for storage shall be surfaced with crushed limestone or other comparable materials and kept free of weeds or other vegetation.

4.

Owner of site shall be responsible for weed control.

c.

No other type of motors shall be serviced within the building in B-1 districts, unless specific permission for same is granted by plan commission and common council.

d.

Recommendations of the fire inspector for property shall be promptly complied with by owner of site.

e.

Marinas are excluded from this portion of this chapter.

f.

The plan commission shall have the power to impose such other restrictions as it deems necessary in each individual case.

(10)

Reserved.

(11)

Solar energy collection devices and solar panels. In all districts.

(12)

Automobile service stations and auto washes. In any business or industrial district, provided no gasoline pump or other accessory equipment shall be closer than 30 feet to the street right-of-way line.

(13)

Outdoor sales lots and affiliated operations. Outdoor sales lots and affiliated operations, such as auto, truck, campers, camping trailers, farm equipment and construction equipment sales operations, where outdoor display and storage is an integral and primary part of the site operation, in the B-4 and M-1 districts.

(14)

Drive-in restaurants. Restaurants which serve patrons in motor vehicles parked on the premises in the B-2, B-3 and B-4 districts.

(15)

Planned developments. In any residential or commercial district, the application procedure and regulations for planned developments as a conditional use are contained in article IX of this chapter.

(16)

Dumps, landfills, incinerators. Municipal earth and sanitary landfill operations in the B-3, B-4 and M-1 districts.

(17)

Pool halls and dance halls. In the B-3 and B-4 districts.

(18)

Roof signs. In business and industrial districts.

(19)

Sales and service of mopeds. In the B-4 or M-1 districts, subject to the following:

a.

Approval of a site plan showing the location of buildings, signs, parking, lighting, fuel supply, refuse area and outdoor storage facilities.

b.

Approval of a plan of operation, which indicates hours of operation, method and location for moped demonstrations.

c.

All sales and service operations shall be done indoors.

d.

The plan commission may impose other restrictions as it deems necessary in each individual case.

(20)

Drive-through windows for restaurants. In CBD-1, B-1, B-1-A and B-2 districts.

(21)

Shoreland-wetland requirements. In addition to conditions required in section 52-111(ac), the following specifications shall be considered without limitation because of specific enumeration: type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction. To secure information upon which to base its determination, the plan commission may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purpose of the shoreland-wetland provisions of this chapter.

(22)

Artisan and craft workshops and studios. In the CBD-1, B-1 and B-1-A districts artisan and craft workshops and studios are intended to include facilities for the hand production of arts, crafts, home furnishings and other similar products which are sold on the premises. Production facilities shall be totally contained within a building and the building shall be similar in character, scale and outward appearance to adjoining and nearby retail commercial uses.

(23)

Adult oriented establishments. In the M-1 Limited Industrial Districts only. Such establishments must conform to the provisions of section 10-3, relating to adult-oriented establishments.

(24)

Private garages over 1,200 square feet in size. Private garages over 1,200 square feet in size in the any residential district, subject to approval of the common council following recommendation of the plan commission.

(25)

Accessory buildings over 220 square feet in size. Accessory buildings other than garages, including, utility sheds, stables and barns, over 220 square feet in size in the RE1, RE2, or RE1 Rural Estate Districts, subject to approval of the common council following recommendation of the plan commission.

(26)

Home business. A home business, with no more than one employee residing outside the residence, in any residential district, subject to approval of the common council following recommendation of the plan commission.

(27)

Bed and breakfast establishment and tourist rooms. In the all districts bed and breakfasts and tourist rooms licensed under Wis. Admin. Code ch. HSS 197 subject to the following conditions:

a.

A site plan and a plan of operation shall be approved by the plan commission. The site plan shall include a parking plan.

b.

Traffic conditions in the neighborhood shall not be adversely impacted by access to the property, traffic generated by the use, or any other aspects of the proposal.

c.

At least one off-street parking stall shall be provided for each bedroom plus at least one stall shall be located on the site for the operator.

d.

All requirements set forth in Wis. Stats. § 50.51(b) and Wis. Admin. Code ch. HSS 197 shall be fully complied with. Necessary state permits and licenses shall have been secured.

e.

The owner of any bed and breakfast shall reside in the establishment.

f.

Dwelling being considered for conversion to bed and breakfasts shall exhibit unique architectural and historic characteristics.

g.

Individual rentals shall not exceed five consecutive days in length.

h.

No retail sales shall occur in a bed and breakfast establishment.

i.

If the proposed bed and breakfast or tourist room site is located in a residential district, one exterior sign, not exceeding four square feet in area may be erected on the premises.

(28)

Subject to compliance with the provisions of Wis. Stats. § 62.23(7)(i)3., community living arrangements having a capacity for eight or fewer persons are entitled to locate in any residential zone subject to the restrictions and limitations contained in Wis. Stats. § 62.23(7)(i). All other community and other group living arrangements, including those community-based residential facilities as defined in § Wis. Stats. § 50.01(1g), may be permitted by a conditional use permit in the B-1, B-1-A, B-2, B-3, B-4, B-5, B-6, and P-1 districts, subject to the following conditions.

a.

All dimensional, floor area ratio, open space, and impervious surface standards of the underlying zoning district shall be complied with.

b.

The city has the ability to regulate parking as deemed appropriate for the site.

c.

In addition to compliance with all general standards specified in the conditional use section of the chapter, all standards of article II site plan and appearance requirements shall be met.

(29)

Event facility. An event facility is a privately-owned location in an agricultural zoning district, which includes the use of an existing building or construction of a new building, typically rented to third parties for temporary events (i.e., weddings, meetings/conferences, fundraisers, family reunions etc.). The term "event facility" does not apply to private clubs, amusement establishments, and restaurants, which are already identified in the Zoning Code as a separate use. Event venues in districts other than agricultural are subject to the uses and provisions of that particular zoning district and are not subject to these conditional use provisions. Event facilities are subject to the following conditions:

a.

The property must have frontage on a county or state highway of no less than the minimum lot width of the applicable agricultural zoning district.

b.

No such use shall be permitted on a lot less than ten acres in size.

c.

No building, structure, and/or use, excluding parking, shall be located closer than 100 feet to a lot line of an adjoining property located in a residential zoning district.

d.

Any type of outdoor music and indoor amplified music shall be regulated by the city at such time an application is made. Restrictions may be placed on the hours, location, volume, and amplification based on potential impacts to the surrounding area so as not to create a nuisance.

e.

Only one event may take place at one time.

f.

Food shall be prepared and served by a professional licensed catering service or a restaurant license shall be acquired from the Waukesha County Department of Parks and Land Use - Environmental Health Division.

g.

All necessary liquor licenses shall be obtained from the City of Delafield.

h.

A landscaping plan shall be submitted with the application for review and approval, which shall include plantings and/or fencing that will provide a buffer along all lot lines. The buffer adjoining residential districts shall screen views, lights, and noise from the operation.

i.

A lighting plan shall be submitted for review and approval. Lighting fixtures shall be shielded in such a manner as to prevent light from shining directly onto abutting rights-of-way and adjacent properties.

j.

Access drives, parking areas, and other traffic circulation areas must be paved in accordance with the city code. Overflow grass parking areas may permissible, if approved by common council.

k.

The property shall have access to and be served by water and sanitary sewer provided by the municipality.

l.

It is the responsibility of the applicant to comply with all state and local regulations regarding public health.

m.

It is the responsibility of the applicant to comply with all federal, state, and local building codes that apply to public use of the facility.

n.

Outdoor fires may only be permitted within a contained area made specifically for outdoor fires and must be illustrated on the approved site plan. Outdoor fires must also comply with local municipality regulations and local fire department.

o.

Parking on a public road right-of-way is prohibited.

p.

Event hours and maximum number of guests are regulated through the review and approval of the business plan of operation for the proposed use.

q.

Complementary uses must be approved as part of the conditional use and must be compatible with the event facility. Complementary uses may include, but are not limited to, uses and buildings that accommodate farming, residential which complies with the zoning district standards, or limited service associated with the event facility, such as a beauty salon or photographer. Service operations shall not be open to the general public, but rather be limited to serving potential customers of the event facility for preparation of an event taking place on or off-site.

(Code 1997, § 17.46; Rep. and Recr. #411; Cr. #479; Am. #646; Am. #719)

(Ord. No. 744, § 1, 5-7-2018; Ord. No. 786, § 2, 12-6-2021; Ord. No. 809, § 1, 12-19-2022; Ord. No. 823, § 8, 11-6-2023)

Quarrying and mineral extraction is permitted as a conditional use in any district. The following shall regulate this use:

(1)

Permit. No quarrying operation shall be undertaken until a quarrying permit has been secured from the common council. Such permit shall be for an initial period deemed appropriate to the specific situation, but not to exceed one year.

(2)

Application. Application for a quarrying permit shall be made on forms supplied by the administrator and shall be accompanied by:

a.

A fee as noted in section 52-296(a) to defray the cost of notification and public hearing.

b.

A description of all phases of the contemplated operation with a description of the machinery and equipment which will be in operation. Where the operation is to include the washing of sand and gravel, the estimated daily quantity of water required, its source and its disposition shall be made a part of the description.

c.

A legal description of the proposed site with a map showing its location with indications of private access roads, existing or proposed, and of public highways adjacent to the site which will be affected by the operation.

d.

A topographic map of the area at a minimum contour interval of five feet extending beyond the site to the nearest public street or highway or to a minimum distance of 300 feet on all sides.

e.

A restoration plan as required below.

f.

The names and addresses of the owners of all properties within one-half mile of the perimeter of the proposed quarrying operation.

(3)

Procedure for action on applications.

a.

Referral to plan commission. The application and all data and information pertaining thereto shall be referred to the plan commission for public hearing, report and recommendation back to the common council within 30 days after the public hearing.

b.

Public hearing. Within 30 days after an application has been filed, a public hearing shall be held at which all interested parties may be heard. In addition to the normal posting and publishing, notices shall be given by mail or otherwise to all landowners within one-half mile of the perimeter of the proposed quarrying operation at least ten days prior to the date of hearing. Substantial compliance with the notice requirements of this section shall be deemed sufficient.

c.

Action by common council. The common council shall within ten days after receipt of the recommendation of the plan commission take action to approve or disapprove the application for the proposed quarrying operation. The council shall give particular consideration to the following factors in making its decision:

1.

The effect of the proposed operation on existing roads and traffic movement in terms of adequacy, safety and efficiency.

2.

The effect of the proposed operation on drainage and water supply.

3.

The possibility of soil erosion as a result of the proposed operation.

4.

The degree and effect of dust, noise, smoke and air pollution as a result of the proposed operation.

5.

The practical possibility of restoration of the site.

6.

The effect of the proposed operation on the natural beauty, character, tax base, land value and land uses in the area.

7.

The most suitable land use for the area with particular consideration to future residential value.

d.

Additional conditions. Any conditions accessory to the granting of a permit shall be in writing and copies made a part of the permit and a part of the records of the city.

e.

Renewals. The procedure designated in this subsection shall apply to applications for renewal of a permit. Determination in regard to renewal shall be based particularly on an evaluation of the effect of the continuance of the use with relation to changing conditions in the area. Where renewal is not granted, the reasons for refusal shall be presented to the applicant in writing and made a part of the records of the city.

(4)

Requirements.

a.

General requirements. No part of the quarrying operation shall be permitted closer than 1,000 feet nor shall any accessory road, parking area or office build-ing be permitted closer than 500 feet to a district zoned "rural home" at the time of the grant of permit.

b.

Setback requirements. No part of the quarrying operation other than access roads shall be located closer than 200 feet nor shall any accessory parking area, stockpile or office building be located closer than 100 feet to the base setback line along any street or highway.

c.

Other location requirements. No part of the quarrying operation shall be permitted closer than 200 feet nor shall any accessory access road, parking area or office building be permitted closer than 50 feet to any property line, except where such line abuts a quarrying or industrial district or abuts an existing quarrying operation, but in no case shall such operation be closer than 20 feet to any property line, except by agreement between abutting quarrying operations or be in conflict with the provisions of this section relating to preservation of topography.

d.

Operational requirements.

1.

Fencing or other suitable barrier shall be erected and maintained around the site or around portions of the site where, in the determination of the common council, such fencing or barrier is necessary for the protection of the public and shall be of a type approved by the common council.

2.

All machinery and equipment used in the quarrying operation shall be constructed, maintained and operated in such manner as to minimize dust, smoke, air pollution, noise and vibration. Access and haulage roads on the site shall be maintained in a dust-free condition by surfacing or treatment as directed by the city engineer.

3.

Crushing, washing, refining or other processing other than the initial removal of material may be permitted as an accessory use only as specifically authorized under the terms of the permit or as otherwise provided in an industrial district.

4.

In stone quarries, production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone and the storing or stockpiling of such products on the site shall be considered a permissible part of the operation, provided such production does not require the use of crushing or other heavy machinery not specifically authorized under the terms of the permit or otherwise specifically permitted in an industrial district.

5.

Manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, production of ready mixed concrete, asphalt or any similar production or manufacturing processes related to the quarrying operation shall not be permitted, except as otherwise provided in an industrial district.

6.

Washing of sand and gravel shall be prohibited in any operation where the source of water is of doubtful capacity or where the quantity of water required will, in the opinion of the city engineer, seriously affect the supply for other uses in the area.

7.

Trees, shrubs and other appropriate landscaping shall be provided as promptly as practicable where deemed necessary by the plan commission to screen the operation so far as practical from public view, to enhance the general appearance from the public right-of-way and generally to minimize the damaging effect of the operation on the beauty and character of the surrounding countryside.

8.

Quarrying operations shall not begin before the hour of 7:00 a.m., shall not continue after the hour of 6:00 p.m., and no operation shall take place on Sundays or legal holidays. During periods of national or local emergency, time and hours of operation may be altered at the discretion of the common council by issuance of a special regulatory order.

e.

Restorative requirements.

1.

In order to insure that the area of quarrying operation shall be restored to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall prior to the issuance of a permit submit to the plan commission a plan for such restoration, including the following:

(i)

An agreement with the city whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the city.

(ii)

A physical restoration plan showing the proposed contours after restoration, plantings, other special features of restoration and the method by which such restoration is to be accomplished.

(iii)

A bond written by a licensed surety company, certified check or other financial guarantee satisfactory to the city in an amount sufficient in the restoration agreement.

(iv)

Such agreement and financial guarantee shall be in a form approved by the city attorney.

2.

In the event of the applicant's failure to fulfill such agreement, such bond, check or other financial guarantee shall be deemed forfeited and the proceeds applied to the performance of the restoration.

3.

Restoration shall proceed as soon as practicable and at the order and direction of the city engineer. However, the owner or operator may at his option submit a plan for progressive restoration as the quarrying operation is being carried on. The required bond in such case may cover progressive stages of the restoration for periods of not less than two years.

4.

At any stage during the restoration, the plan may be modified by mutual agreement between the common council after referral to the plan commission and the owner or operator.

5.

Where there is any backfilling, the material used or the method of fill shall not be such as to create a health hazard nor be objectionable because of odor, combustibility or unsightliness. In any case, the finished grade of the restored area, except for rock faces, outcroppings, natural water bodies or areas of proposed building or paving construction, shall be of sufficient depth of earth to support plant growth.

6.

Within one year after the cessation of the operation, all temporary structures (excepting fences), equipment, stockpiles, rubble heaps or other debris shall be removed or backfilled into the excavation so as to leave the premises in a neat and orderly condition.

7.

In any restoration procedure which takes place in sand or gravel pits or on other sites where the material is of a loose or friable nature, no slope shall be left which is steeper than a ratio of 1½ horizontal to one vertical. In no case shall any slope exceed the normal angle of slippage of the material involved.

(5)

Exceptions. The provisions of this section shall not apply to an operation which is normally incident to a permitted agricultural, residential, commercial or industrial use of the premises other than quarrying; provided, however, the approval of the plan commission shall be required and such operation shall be limited to a maximum period of three months.

(6)

Application to existing operations.

a.

Permit. Within 60 days after the adoption of the ordinance from which this chapter is derived, all existing quarrying operations shall register with the city clerk, submitting pertinent data relative to the present operating, including the boundaries of the actual operation and of the ownership. A quarrying permit shall be granted to such existing operation subject to compliance with the operational requirements in subsection (4)d of this section, where they can be reasonably applied under existing circumstances.

b.

Plan for restoration. There shall be required within one year after adoption of the ordinance from which this chapter is derived the submission of a plan for restoration of the site of any existing quarrying operation as provided in this section, except to the extent that such restoration may, by reason of current conditions, constitute an unreasonable hardship.

c.

Renewal permit. Annually, after the date of the ordinance from which this chapter is derived, any such existing operation shall be required to make application for a renewal permit the same as for reapplication in the case of a new operation under this chapter, except in a quarrying or general industrial district.

(Code 1997, § 17.47; Rep. and Recr. #411)

Any use of an island property which requires the installation of wastewater collection or treatment facilities or potable water facilities or which will result in placement of houses or buildings used for human occupancy, employment or recreation on the island may be permitted as a conditional use in the A-1 Agricultural District or any residential, business, commercial or industrial district. The following provisions shall regulate such use:

(1)

Permit required. Before any occupation of or any construction begins on an island which will result in the installation or use of any wastewater collection or treatment facilities or potable water facilities, an island use permit shall be obtained from the common council.

(2)

Application procedure. The procedures of section 52-137 shall apply, except as modified below. In addition to the supplemental data and site plan required by section 52-137, the application shall be accompanied by:

a.

A plan for regular and emergency access.

b.

Proposed declarations and waivers as appropriate for the use.

c.

Copies of the applicable state and county permits for the installation or maintenance of potable water and wastewater collection and treatment facilities.

d.

Additional information as may be required by the city plan commission, city engineer, building inspector or administrator.

(3)

Review procedure.

a.

Public hearing. Within 45 days after an application has been filed, a public hearing shall be held before the plan commission at which all interested parties who are present shall be heard. In addition to the notice requirements of section 52-295 notices shall be mailed to all owners of waterfront lots within 1,500 feet of the perimeter of such island. In the event that onshore lots are included in the island use plans, notice shall also be mailed to owners of lots within 300 feet of such onshore lots. Substantial compliance with the notice requirements of this section shall be deemed sufficient.

b.

Plan commission. The application and all data and information pertaining thereto shall be referred to the plan commission for public hearing, report and recommendation to the common council. The recommendation shall be made within 35 days after the public hearing.

c.

Common council. The common council shall within 30 days after receipt of the recommendation from the plan commission approve as recommended, approve with modifications or disapprove the application for island use permit.

(4)

Requirements.

a.

General. The structure or use proposed for the island is one which would be permitted in the underlying zoning classification if the parcel were not an island.

b.

Setback requirements. No part of any structure, except a boathouse, shall be located closer than 75 feet from the normal high water mark of the lake or stream. No part of any boathouse shall be located closer than five feet from the normal high water mark of the lake or stream. If more than one lot exists on the island, the side yard setbacks of the underlying zoning district shall be observed.

c.

Elevation requirements. No building or structure shall be constructed on any portion of an island in Lake Nagawicka, which has an elevation of less than 891 feet mean sea level. Any structure other than a boathouse shall have its first floor at or above 893 feet.

d.

Utilities.

1.

Wastewater collection facilities shall be designed and installed and private on-site wastewater treatment facilities shall be placed on the island and operated so as not to cause pollution of groundwaters or surface waters and shall be in compliance with applicable state, county and city codes.

2.

A potable water supply shall be installed on the island and shall be located so as not to be subject to flooding and shall be in compliance with applicable state, county and city codes.

3.

Other utilities shall be installed so as not to be subject to flooding and in a manner acceptable to the city.

e.

Access. If practicable, island development shall be served by a public or private road of adequate width and bearing capacity so as to allow the provision of emergency services to the island. If such access is not possible, the plan commission may allow such development, provided that adequate assurances have been tendered that the lack of such access is recognized and appropriate declarations, waivers and releases are filed indemnifying and holding the city harmless for any claims based upon the city's inability to provide services due to lack of access. All such declarations, waivers and releases shall be recorded in the office of the county register of deeds.

(5)

Factors to be considered. In addition to the requirements listed in subsection (4) of this section, the following factors shall be considered by the plan commission and common council in considering an application for an island use permit:

a.

The ability of the city to provide emergency services to the island property.

b.

The effect such development or use will have upon the quality of groundwaters and surface waters.

c.

If more than one lot is on the island, the proposed use's compatibility with other uses on or permitted on the island.

d.

The ability of the applicant to provide off-street parking for any use established on an island.

e.

Such other factors as are appropriate to the granting of an island use permit.

(6)

Conditions that may be applied.

a.

The following conditions may be applied to an island use permit:

1.

Any on-site wastewater treatment facility shall be inspected and certified for adequacy of operation. The frequency of such inspections shall be as deemed necessary by the city.

2.

Fire protection, detection and suppression systems shall be installed so as to minimize the potential for loss due to fire.

3.

Adequate parking facilities shall be provided on the island or for an island not served by a public or private road, on an onshore private lot which has water access or is adjacent to or near a public access facility.

4.

Appropriate security measures shall be planned, such as installation of a security alarm system, employment of a watch person or similar measures.

5.

An approved plan for the disposal of any garbage or rubbish generated by the island use shall be filed with the city.

6.

An outside lighting plan shall be approved by the plan commission in order to prevent light reflection from the island and/or lake to nearby properties.

7.

An approved plan for the baffling of generator noise.

b.

The plan commission or common council may establish other conditions deemed appropriate for the intended use.

(Code 1997, § 17.48; Rep. and Recr. #411)

(a)

Purpose. 2013 Wisconsin Act 20 modified the regulatory powers of local governments in regard to cell phone towers. The law specifies the manner in which a political subdivision can use zoning to regulate cell phone towers. See Wis. Stats. § 66.0404, which codifies relevant parts of 2013 Act 20, provides the manner in which a city can use zoning to regulate cell phone towers and provides for specific regulations that a political subdivision may not apply. This section sets forth the city's regulatory authority in accordance with Wis. Stats. § 66.0404.

(b)

Applicability. The city's regulatory power extends to three types of projects, all for the installation of types of cell phone transmission facilities.

(1)

Projects requiring construction of a new tower

(2)

Projects requiring substantial modification of an existing tower and facilities, but not construction of a new tower. Projects of this type are referred to as "Class 1 collocation."

(3)

Projects requiring neither construction of a new tower, nor substantial modification of an existing tower and facilities. Projects of this type are "Class 2 collocation."

(c)

Definitions. The definitions contained in Wis. Stats. § 66.0404(1) are hereby adopted and incorporated by reference.

(d)

Siting and construction of any new mobile service support structure and facilities or the substantial modification of an existing support structure and mobile service facilities (Class 1 collocation).

(1)

Conditional use permit required. A conditional use permit is required for the siting and construction of a new mobile service support structure and facility and/or the substantial modification of an existing support structure and mobile service facilities (Class 1 collocation) and is subject only to the conditions set forth in this section.

(2)

Applications for permits.

a.

Applications for a permit shall be provided by the office of the city planner.

b.

Applications shall be completed and filed with the office of the city planner and shall include the following information:

1.

Name and business address and contact information for the applicant.

2.

Location of the proposed or affected support structure.

3.

The location of the proposed mobile service facility.

4.

If the application substantially modifies an existing support structure, a construction plan which describes the proposed modification to the support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment associated with the proposed modifications.

5.

If the application is to construct a new mobile service support structure, a construction plan which describes a proposed mobile service support structure and equipment network components, including antennas, transmitters, receivers, base stations, power supplies, cabling and related equipment to be placed on or around the new mobile service support structure.

6.

If the application is to construct a new mobile service support structure, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from the individual who has responsibility over the placement of the mobile service support structure, attesting that collocation within the applicants search ring would not result in the same mobile service functionality, coverage and capacity; is technically unfeasible or is economically burdensome to the mobile service provider.

(3)

Determination of completion. If an applicant submits an application for a permit to engage in an activity described in this section, which contains all the information required under subsection (d)(2)b of this section, the office of city planner shall consider the application complete. If the office of the city planner does not believe the application complete, the office of the city planner shall notify the applicant in writing within ten days of receiving the application, that the application is not complete, the written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(4)

Referral to plan commission.

a.

If the application is complete as determined by the office of the city planner, the matter shall be referred to the plan commission for its review.

b.

Within 90 days of its receipt of a complete application, the plan commission shall complete all of the following or the applicant may consider the application approved, except that the applicant and the plan commission may agree in writing to an extension of the 90-day period:

1.

Review the application to determine whether it complies with all applicable aspects of the city's building code and, subject to the limitations in this section, zoning ordinances.

2.

Make a final decision whether to approve or deny the application.

3.

Notify the applicant, in writing, of its final decision.

4.

If the decision is to deny application, include with the written notification substantial evidence which supports the decision.

c.

The plan commission may deny an application if an applicant refuses to evaluate the feasibility of collocation within the applicant's search ring and provide the sworn statement described under subsection (d)(2)b.6 of this section.

d.

If an applicant provides the plan commission with an engineering certification showing that a mobile service support structure, or an existing structure, is designed to collapse within a smaller area than the setback or fall zone area required in a zoning ordinance, that zoning ordinance does not apply to such a structure unless the plan commission provides the applicant with substantial evidence that the engineering certification is flawed.

e.

The fee for the permit shall be established under the procedure set forth in this Code and shall comply with Wis. Stats. § 66.0404(4)(d)2.

(e)

Collocation on existing support structures (Class 2 collocation).

(1)

A permit is required for a Class 2 collocation. A Class 2 collocation is a permitted use but still requires the issuance of a permit.

(2)

Applications for a permit shall be provided by the office of the city planner. Applications shall be made and filed with the office of the city planner and shall include the following information:

a.

Name and business address and contact information for the applicant.

b.

Location of the proposed or affected support structure.

c.

The location of the proposed mobile service facility.

(3)

A Class 2 collocation is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.

(4)

If an applicant submits an application to the planning department for a permit to engage in a Class 2 collocation and the application contains all of the information required by subsection (e)(2) of this section, the office of the city planner shall consider the application complete. If the required information is not in the application, the office of the city planner shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.

(5)

Within 45 days of its receipt of a complete application, the zoning administrator shall complete all of the following or the applicant may consider the application approved, except that the applicant and the zoning administrator may agree in writing to an extension of the 45-day period:

a.

Make a final decision whether to approve or deny the application.

b.

Notify the applicant, in writing, of its final decision.

c.

If the application is approved, issue the applicant the relevant permit.

d.

If the decision is to deny application, include with the written notification substantial evidence which supports the decision.

(6)

The fee for the permit shall be established by the common council, from time to time, and shall comply with Wis. Stats. § 66.0404(4)(d)1.

(f)

Surety. A performance bond shall be required in the amount of $20,000.00 prior to the issuance of a permit under this section to insure that the requirements of this section are maintained by the permittee.

(Code 1997, § 17.49; Rep. and Recr. #411; Rep. & Recr. #719)