Fredonia Village City Zoning Code
ARTICLE IV
Conditional Uses
§ 575-38 Statement of purpose; conditional uses.
The development and execution of this article is based upon the division of the Village 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 conditional uses.
§ 575-39 Authority of Planning Commission; requirements.
A.
The Planning Commission is authorized to review and approve conditional use permits.
B.
The Planning Commission may authorize the Zoning Administrator to issue a conditional use permit after review and public hearing, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of a limited conditional use, the Planning Commission in its findings shall further specify the delimiting reason(s) or factors which resulted in issuing limited rather than regular conditional use. Such Planning Commission resolution, and the resulting conditional use permit, when for limited conditional use, shall specify the period of time for which effective, if specified; the name of the permittee; the location and legal description of the affected premises. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
C.
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Planning Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
D.
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 Planning Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
E.
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 conditional uses.
§ 575-40 Initiation of conditional use.
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 conditional use is sought, may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.
§ 575-41 Application for conditional use.
Required application materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the Village. Such applications shall be forwarded to the Planning Commission on receipt by the Zoning Administrator. Such applications shall include the following, with the exception of any items the Zoning Administrator deems not to be applicable:
A.
A statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 575-44 hereinafter.
B.
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.
C.
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.
D.
Plat of survey prepared by a land surveyor registered in Wisconsin or other map drawn to scale and approved by the Zoning Administrator, showing the location, property boundaries, dimensions, uses, and size of the following:
(1)
Subject site; existing and proposed structures; existing and proposed easements, streets, walkways and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards; existing vegetation and proposed landscaping; and areas subject to inundation by floodwaters.
(2)
In areas subject to inundation by floodwaters, the plat of survey shall also include first floor elevations, utility elevations, historic and probable future floodwater elevations, depth of inundation, floodproofing measures, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structures or its effects on flood flows. Where floodproofing is required, the applicant shall submit a plan or document certified by a registered professional engineering or architect, that the floodproofing measures are adequate to withstand the flood forces and velocities associated with the one-hundred-year recurrence interval flood. Prior to the issuance of an occupancy permit, the applicant shall also submit a certification by the registered professional engineer that the finished floodproofing measures were accomplished in compliance with the provisions of this chapter.
(3)
In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site, contours, soil types, high-water mark, groundwater conditions, bedrock, slope and existing vegetation cover, mean and historic high-water lines, on or within 40 feet of the subject premises..
E.
Plans for buildings, sewage disposal facilities, water supply systems, and plan of operations.
F.
Specifications for areas of proposed filling, grading, lagooning, or dredging.
G.
Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter as required by the Village Board, Village Planning Commission, Village Engineer or Planner.
H.
Receipt showing payment of the appropriate fee as indicated on the Village Board approved fee schedule. Costs incurred by the Village in retaining legal, planning, engineering, and other technical and professional advice in connection with the review of conditional use applications and the preparation of conditions to be imposed on such uses shall be charged to the applicant.
§ 575-42 Hearing on application.
Requests for all conditional use permits are heard by the Planning Commission. Upon receipt of a complete application and statement as described in § 575-41, the Planning Commission shall hold a public hearing at such time and place as shall be established by such 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 Planning Commission shall, by rule, prescribe from time to time. The Planning Commission is authorized to approve, deny or conditionally approve applications for conditional use permits, through application of the standards described in § 575-44 below. Any decision of the Planning Commission may be appealed through the procedure described in § 575-46.
§ 575-43 Notice of hearing on application.
Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under the Wisconsin Statues 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 Planning Commission, and the owners of record as listed in the office of the Village Assessor for all property in whole or in part situated within 100 feet of the boundaries of the properties affected. Said notice is to be sent at least five days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
§ 575-44 Standards; conditional uses.
A.
No application for a conditional use shall be approved by the Planning Commission or granted by the Village Board on appeal unless such Commission or Board shall find that the following conditions are present:
(1)
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2)
That the 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 that the proposed use is compatible with the use of adjacent land.
(3)
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
That adequate utilities, access 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 conditional use shall conform to all applicable regulations of the district in which it is located, as stated in § 575-39E.
(7)
That the proposed use does not violate floodplain regulations governing the site.
(8)
That, when applying the above standards to any new construction of a building or an addition to an existing building, the Planning Commission and Board 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.
B.
The Planning Commission and Board 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.
C.
If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the Village ordinance or imposed by the Village Planning Commission, the Village shall grant the conditional use permit.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 575-45 Denial of application for conditional use permit.
When a decision of denial of a conditional use application is made, the Planning Commission shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate reasons the Commission has used in determining that each standard was not met.
§ 575-46 Appeals.
[Amended 10-3-2024 by Ord. No. 2024-03]
Any action of the Planning Commission in granting or denying a conditional use permit may be appealed to the Ozaukee County Circuit Court pursuant to § 62.23(7)(de)5, Wis. Stats., as amended.
§ 575-47 Conditions and guarantees.
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Planning Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use 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 § 575-44 above. Conditions imposed must be related to the purpose of the ordinance and be based on substantial evidence and must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer or renewal. In all cases in which conditional uses are granted, the granting authority 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 the following, without limitation because of specific enumeration:
[Amended 2-21-2019 by Ord. No. 2019-01; 10-3-2024 by Ord. No. 2024-03]
(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 decision, the Planning Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The 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 conditional use. No alteration of a conditional use shall be permitted unless approved by the Planning Commission.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Planning Commission may require the use of certain general types of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.
§ 575-48 Validity of conditional use permit.
Where the Planning Commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is to be commenced within six months of the date of issuance. 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 Planning Commission may extend such permit for a period of 90 days for justifiable cause, if application is made to the Village at least 30 days before the expiration of said permit.
§ 575-49 Complaints regarding conditional uses.
[Amended 10-3-2024 by Ord. No. 2024-03]
The Planning Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. 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 conditional use, 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, official, or whenever such matters have been referred by the Village Board, the Planning Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 575-44 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 § 575-42 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Planning Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 575-44 or conditions previously imposed by the Planning Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to forfeiture as set forth in this chapter and § 1-4. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 575-44A and B will be met, the Planning Commission may revoke the subject conditional use 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 Planning Commission shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor. An appeal from a decision of the Planning Commission under this section may be taken to the Ozaukee County Circuit Court pursuant to § 575-46, above.
§ 575-50 Public and semipublic conditional uses.
The following public and semipublic uses shall be conditional uses and may be permitted as specified:
A.
Airports, airstrips, and landing fields in the M-1 and M-2 industrial districts and A-1 general agricultural/holding district, provided that the site is not less than 20 acres.
B.
Utilities in all districts, provided that principal buildings of sewage disposal plants, municipal incinerators, warehouses, and shops are not less than 50 feet from any residential district lot line.
§ 575-51 Residential district conditional uses.
[Amended 5-16-2019 by Ord. No. 2019-04]
The following uses shall be conditional in residential districts and may be permitted as specified:
A.
Housing for the elderly in the RM-1 and RM-2 multiple-family residential districts, provided that elderly housing densities shall not exceed 22 units per net acre.
B.
Community living arrangements which have a capacity for nine or more persons in the RS-1, RS-2, RS-3, RD-1, RD-2 and RD-3 residential districts. Community living arrangements which have a capacity for 16 persons or more in the RM-1 and RM-2 residential districts.
C.
Photographic studios in all residential districts.
D.
Model homes and accessory sales offices within the model home in all residential districts.
E.
Commercial greenhouses.
F.
Bed-and-breakfast establishment, subject to the following:
(1)
Regulations.
(a)
Compliance with state standards. All bed-and-breakfast establishments and licensees shall be subject to and comply with Ch. ATCP 73, relating to bed-and-breakfast establishments or Ch. ATCP 72, Wis. Adm. Code, relating to hotels, motels and tourist rooming houses.
(b)
Registry. Each bed-and-breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigning quarters. The register shall be kept intact and available for inspection by a Village representative for a period of not less than one year.
(2)
Permit required.
(a)
Village permit required. In addition to the permit required by Ch. ATCP 72 or ATCP 73, Wis. Adm. Code, before opening for business every bed-and-breakfast establishment shall obtain a permit from the Zoning Administrator by application made upon a form furnished by said officer and shall obtain a conditional use permit.
(b)
Application requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this article:
(c)
Registration of agent. The identity of the person designated by the owner to be in charge of such establishment shall be filed, in writing, with the Zoning Administrator upon issuance of the permit and updated five days prior to taking charge. The Zoning Administrator shall be notified, in writing, five days prior to any change of registered agent.
(d)
Display of permit. The permit issued by the Zoning Administrator shall be conspicuously displayed in the bed-and-breakfast establishment.
(3)
Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy. Establishments otherwise qualifying under this section regulating bed-and-breakfast establishments shall not be subject to the other requirements of the Zoning Code with respect to traffic, parking and access.
(4)
On-site signs. Total signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed-and-breakfast establishments shall not be subject to the other requirements of this Zoning Code with respect to signs.
(5)
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Planning Commission shall review, approve, and conditionally approve, or deny an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection F above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section, or of State of Wisconsin regulations as set forth in Ch. ATCP 72 or ATCP 73, Wis. Adm. Code, or as above provided.
§ 575-52 Business conditional uses.
The following restrictions apply to conditional uses as stated, where such uses are allowed under § 575-26.[1] These restrictions shall be observed in addition to any other conditions placed by the Planning Commission during the conditional use approval process.
A.
All animal services, including the boarding of animals, shall be conducted indoors in business and manufacturing districts. In the Agricultural District, no structure or animal enclosure shall be located closer than 100 feet to a property boundary.
B.
Fireworks and fertilizer sales shall be located a minimum of 500 feet from any residence, school or church.
[Amended 3-15-2022 by Ord. No. 2022-2]
[1]
Editor's Note: Section 575-26, the Table of Permitted and Conditional Uses in Business and Manufacturing Districts, is included as an attachment to this chapter.
§ 575-53 Mineral extraction conditional use.
A.
Mineral extraction operations are conditional uses, including crushed and broken stone quarrying; clay, ceramic and refractor minerals mining; sand and gravel quarrying; nonmetallic mining except fuels; processing of topsoil; and washing, refining or processing of rock, slate, gravel, sand and minerals.
B.
The application for a conditional use permit shall be made to the Planning Commission by the property owner or long-term lessee, either of whom shall be directly responsible in the extracting or removal of the mineral, gravel, sand, rock, slate or topsoil. Applications shall be accompanied by the following:
(1)
A receipt showing payment of the appropriate fee as indicated on the Village Board approved fee schedule for one year of operation; a plat of survey of the proposed site and an adequate description of the operational methods; a list of equipment, machinery and structures to be used; the source, quantity and disposition of water to be used; a topographic map of the site showing existing contours with a minimum vertical of five feet; trees; proposed and existing access roads; the depth of all existing and proposed excavations; and a restoration plan.
(2)
The restoration plan provided by the applicant shall contain proposed contours after filling or restoration, depth of the restored topsoil, type of fill, planting or reforestation, restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the Village's inspection and administration costs. The applicant and/or owner of the land from which the mineral, gravel, sand, rock, slate, or topsoil is being removed or extracted shall furnish the necessary sureties, which will enable the Village to perform the planned restoration of the site in the event of default by the applicant. The amount of sureties shall be based upon cost estimates prepared by the Village Engineer, and the form and type of such sureties shall be approved by the Village Board.
§ 575-54 Recreational conditional uses.
The following recreational uses shall be conditional uses in the P-1 Park District and may be permitted as specified: drive-in movies, archery ranges, golf courses with country club/restaurant facilities, golf driving ranges, group or organized camps, miniature golf, penny arcades.
§ 575-55 Conservancy conditional uses.
Conditional uses permitted in the C-1 Conservancy District. The following are conditional uses in the C-1 District and may be permitted as specified. The Planning Commission shall transmit a copy of each application for a conditional use in the shoreland portion of the C-1 Conservancy District to the Wisconsin Department of Natural Resources (DNR) at least 10 days prior to the public hearing. Action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland C-1 Conservancy District conditional use permits shall be transmitted to the DNR within 10 days of the effective date of such decision.
A.
The Construction of streets which are necessary for the continuity of the Village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 District, provided that:
(1)
The street cannot, as a practical matter, be located outside a wetland; and
(2)
The street is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards:
(a)
The street shall be designed and constructed for the minimum cross section practical to serve the intended use;
(b)
Street construction activities are to be carried out in the immediate area of the roadbed only; and
(c)
Any filling, flooding, draining, dredging, ditching, tiling or excavating that is to be done must be necessary for the construction or maintenance of the street.
B.
The establishment and development of public and private parks and recreation areas, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves and private habitat areas in the C-1 District, provided that:
(1)
Any private recreation or wildlife habitat area must be used exclusively for that purpose;
(2)
No filling is to be done; and
(3)
Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance wetland values.
C.
The construction and maintenance of electric, gas, telephone, water, and sewer transmission and distribution lines, and related facilities in the C-1 District by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power, or water to members, provided that:
(1)
The transmission and distribution lines and related facilities cannot as a practical matter be located outside a wetland; and
(2)
Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance, and must be done in a matter designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.
D.
The construction and maintenance of railroad lines in the C-1 District, provided that:
(1)
The railroad lines cannot as a practical matter be located outside a wetland; and
(2)
Any filling, excavating, ditching, or draining that is to be done must be necessary for such construction or maintenance, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the wetlands.