Dresser, WI Zoning Ordinance

Dresser City Zoning Code

17.24 Conditional

uses.

(1)

Notice and hearing. The Plan Commission may authorize the Building Inspector to issue a conditional use permit for conditional uses specified in this chapter after review and a public hearing, provided such uses are in accordance with the purpose and intent of this chapter. Notice of such public hearing specifying the time, place and subject matter shall be given in the manner specified in the Wisconsin statutes. The Plan Commission shall state, in writing, the grounds for refusing a conditional permit.

(2)

Application; information to be submitted. Application for conditional use permits shall be made in duplicate to the Building Inspector on forms provided by his office. Such application shall be forwarded to the Plan Commission on receipt by the Building Inspector. Such applications shall include, where applicable:

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, planner, contractor and all opposite and abutting property owners of record.

(b)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(c)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(d)

Additional information as may be required by the Plan Commission, the Village Engineer, the Building Inspector or the Health Inspector.

(e)

Fee receipt from the Clerk-Treasurer in the amount of $10.

(3)

Standards. No conditional use shall be granted by the Plan Commission unless the Commission shall find:

(a)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(b)

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, not substantially diminish and impair property values within the neighborhood.

(c)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(d)

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

(e)

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.

(f)

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(g)

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.

(4)

Evaluation; assistance. The Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance.

(5)

Planned unit developments. Planned unit developments (PUD) are permitted as conditional uses in all residential zones. PUD's are intended to provide for innovative large-scale residential developments. A PUD must be contiguous and under one ownership or control. A minimum quantity of land, approved by the Village Board on a case by case basis, shall be dedicated to the PUD to adequately meet the needs of the development. Plans for the proposed development shall show the location, size and proposed use of all structures and land included in the area involved. Individual drainage and planting plans shall be provided for the entire development. The plans may provide for a combination of single-family and multi-family development as well as closely related commercial uses, provided the plans indicate:

[Amended by Ord. No. 186]

(a)

That the overall density shown on the PUD plan for residential-associated commercial uses shall not exceed an average density of 11 persons per acre. In computing population density, a factor of 3.0 persons shall be used per one family dwelling, 2.5 persons per garden-type apartment unit or townhouse and 1.5 persons per high rise apartment unit.

(b)

That paved streets and sidewalks adequate to serve the needs of the area will be provided.

(c)

That adequate access to public streets and proper internal circulation will be provided.

(d)

That adequate sewer and water facilities will be provided.

(e)

That the development will constitute a reasonable extension of the living areas in the Village and will be compatible with surrounding land uses.

(f)

That adequate safeguards will be taken to insure that the parks and other open spaces shown on the plan are permanently reserved as parks and open spaces.

(6)

Manufacturing uses; performance standards. All manufacturing uses listed in the conditional use classification in the Industrial District regulations shall give evidence of ability to comply with the following standards before the issuance of a building permit or certificate of occupancy. Continued compliance shall be required during the operation of such uses and activities. No use already established on the effective date of this chapter shall be so altered or modified as to conflict with, or further conflict with, the performance standards established hereafter.

(a)

Vibration. No operation which creates vibrations which are readily detectable without the use of instruments at any point along lot lines shall be permitted.

(b)

Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 1, Ch. 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, and any subsequent revisions or amendments.

(c)

Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

(d)

Toxic or noxious matter. No discharge beyond lot lines of any toxic matter in such quantity as to be detrimental to or endanger the public health, safety, comfort or welfare, or cause injury or damage to property and/or business, shall be permitted.

(e)

Glare. No direct or reflected glare shall be detectable from any residential district. If such glare is detectable, adequate buffering by fence, hedge or wall shall be constructed to alleviate the condition.

(f)

Heat. No direct or reflected heat shall be detectable without instrument from any commercial or residential district boundaries. If such heat is detectable, adequate buffering by fence, hedge or wall shall be constructed to alleviate the condition.

(g)

Dust. No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

(h)

Ash. No emission of fly ash in excess of the quantity specified in the following table shall be permitted:

	Heat of Fuel Burned (British Thermal Unit per hour)	Fly Ash Rate of Emission (pounds per hour)
	1,000,000	1
	100,000,000	100
	400,000,000	330
	1,000,000,000	750
	2,000,000,000	1,365
	3,000,000,000	1,850
	4,000,000,000	2,260
	5,000,000,000	2,640
	6,000,000,000	2,950
	7,000,000,000	3,200
	8,000,000,000	3,410
	10,000,000,000	3,750

For heat content between any two consecutive heat contents given in the table, the fly ash limitations shall be determined by means of interpolation.

(i)

Smoke. No emission of smoke from any source, as measured in the Ringlemann Chart published by the United States Bureau of Mines, shall be permitted in excess of:

In commercial districts, a density described as Ringlemann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes.

In any industrial district, a density described as Ringlemann No. 3.

(j)

Sound. At no point on or beyond the boundary of any lot in an industrial district shall the sound pressure level resulting from any use or activity, whether open or enclosed (except noises not directly under control of the property user, noise resulting from the construction and maintenance of buildings and facilities, including site preparation and the noises of safety signals, warning devices, railroads and airports), exceed the maximum permitted decibel levels for the designated octave band, as set forth in the table below.

	Octave Band, Frequency (cycles per second)	Sound Pressure Levels (decibels)
	0 to 74	79
	75 to 149	74
	150 to 299	66
	300 to 599	59
	600 to 1,199	53
	1,200 to 2,399	47
	2,400 to 4,799	41
	4,800 and over	39

Where an industrial district abuts a district permitting residences, the maximum permitted decibel levels at any point on or beyond the district boundary shall be reduced by six decibels from the maximum permitted level in the table.

Dresser City Zoning Code

17.24 Conditional

uses.

(1)

(2)

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, planner, contractor and all opposite and abutting property owners of record.

(b)

(c)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(d)

Additional information as may be required by the Plan Commission, the Village Engineer, the Building Inspector or the Health Inspector.

(e)

Fee receipt from the Clerk-Treasurer in the amount of $10.

(3)

Standards. No conditional use shall be granted by the Plan Commission unless the Commission shall find:

(a)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(b)

(c)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(d)

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

(e)

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.

(f)

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(g)

(4)

Evaluation; assistance. The Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance.

(5)

[Amended by Ord. No. 186]

(a)

(b)

That paved streets and sidewalks adequate to serve the needs of the area will be provided.

(c)

That adequate access to public streets and proper internal circulation will be provided.

(d)

That adequate sewer and water facilities will be provided.

(e)

That the development will constitute a reasonable extension of the living areas in the Village and will be compatible with surrounding land uses.

(f)

That adequate safeguards will be taken to insure that the parks and other open spaces shown on the plan are permanently reserved as parks and open spaces.

(6)

(a)

Vibration. No operation which creates vibrations which are readily detectable without the use of instruments at any point along lot lines shall be permitted.

(b)

(c)

Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

(d)

(e)

(f)

(g)

Dust. No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

(h)

Ash. No emission of fly ash in excess of the quantity specified in the following table shall be permitted:

	Heat of Fuel Burned (British Thermal Unit per hour)	Fly Ash Rate of Emission (pounds per hour)
	1,000,000	1
	100,000,000	100
	400,000,000	330
	1,000,000,000	750
	2,000,000,000	1,365
	3,000,000,000	1,850
	4,000,000,000	2,260
	5,000,000,000	2,640
	6,000,000,000	2,950
	7,000,000,000	3,200
	8,000,000,000	3,410
	10,000,000,000	3,750

For heat content between any two consecutive heat contents given in the table, the fly ash limitations shall be determined by means of interpolation.

(i)

Smoke. No emission of smoke from any source, as measured in the Ringlemann Chart published by the United States Bureau of Mines, shall be permitted in excess of:

In commercial districts, a density described as Ringlemann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes.

In any industrial district, a density described as Ringlemann No. 3.

(j)

	Octave Band, Frequency (cycles per second)	Sound Pressure Levels (decibels)
	0 to 74	79
	75 to 149	74
	150 to 299	66
	300 to 599	59
	600 to 1,199	53
	1,200 to 2,399	47
	2,400 to 4,799	41
	4,800 and over	39

Dresser City Zoning Code

17.24 Conditional

uses.

(1)

(2)

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, planner, contractor and all opposite and abutting property owners of record.

(b)

(c)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(d)

Additional information as may be required by the Plan Commission, the Village Engineer, the Building Inspector or the Health Inspector.

(e)

Fee receipt from the Clerk-Treasurer in the amount of $10.

(3)

Standards. No conditional use shall be granted by the Plan Commission unless the Commission shall find:

(a)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(b)

(c)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(d)

That adequate utilities, access roads, drainage and/or necessary facilities have been or are being provided.

(e)

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.

(f)

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(g)

(4)

Evaluation; assistance. The Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance.

(5)

[Amended by Ord. No. 186]

(a)

(b)

That paved streets and sidewalks adequate to serve the needs of the area will be provided.

(c)

That adequate access to public streets and proper internal circulation will be provided.

(d)

That adequate sewer and water facilities will be provided.

(e)

That the development will constitute a reasonable extension of the living areas in the Village and will be compatible with surrounding land uses.

(f)

That adequate safeguards will be taken to insure that the parks and other open spaces shown on the plan are permanently reserved as parks and open spaces.

(6)

(a)

Vibration. No operation which creates vibrations which are readily detectable without the use of instruments at any point along lot lines shall be permitted.

(b)

(c)

Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

(d)

(e)

(f)

(g)

Dust. No solid or liquid particles shall be emitted in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air.

(h)

Ash. No emission of fly ash in excess of the quantity specified in the following table shall be permitted:

	Heat of Fuel Burned (British Thermal Unit per hour)	Fly Ash Rate of Emission (pounds per hour)
	1,000,000	1
	100,000,000	100
	400,000,000	330
	1,000,000,000	750
	2,000,000,000	1,365
	3,000,000,000	1,850
	4,000,000,000	2,260
	5,000,000,000	2,640
	6,000,000,000	2,950
	7,000,000,000	3,200
	8,000,000,000	3,410
	10,000,000,000	3,750

For heat content between any two consecutive heat contents given in the table, the fly ash limitations shall be determined by means of interpolation.

(i)

Smoke. No emission of smoke from any source, as measured in the Ringlemann Chart published by the United States Bureau of Mines, shall be permitted in excess of:

In commercial districts, a density described as Ringlemann No. 3 may be emitted for not more than three minutes in any 15 consecutive minutes.

In any industrial district, a density described as Ringlemann No. 3.

(j)

	Octave Band, Frequency (cycles per second)	Sound Pressure Levels (decibels)
	0 to 74	79
	75 to 149	74
	150 to 299	66
	300 to 599	59
	600 to 1,199	53
	1,200 to 2,399	47
	2,400 to 4,799	41
	4,800 and over	39