Grand Chute Town City Zoning Code
ARTICLE VII
Special Provisions
§ 535-56 General application.
Requirements for uses and structures specified in this article shall apply to such uses and structures whether permitted by right or permissible by special exception.
§ 535-57 Accessory dwellings.
A.
Intent. It is the intent of the accessory dwelling provisions to provide for housing options for the extended family and certain specified segments of the population. These regulations are established to permit modification of single-family dwellings to include an accessory dwelling unit to be occupied by no more than two persons who are handicapped, over the age of 60 years old, or related to the owner-occupant.
B.
Mandatory owner occupancy. The owner of the single-family residence must occupy either the principal residence or the accessory residence.
C.
Nature and scale of accessory unit. An accessory dwelling may be a separate, complete housekeeping unit; provided, however, that it is substantially contained within the structure of the single-family dwelling and clearly a subordinate part thereof. Permissible modifications to the structure are a limited extension of the structure to the rear and the creation of a separate entrance at the side or rear. The accessory apartment shall not exceed 600 square feet of floor area or 25% of the entire floor area of the dwelling, whichever is greater. Any external modification shall be done with a design and materials similar in appearance to the principal structure such that, to the maximum extent possible, the external appearance of the dwelling will remain as a single-family dwelling.
D.
Dimensional requirements. Maximum lot coverage and maximum height requirements, as well as minimum yard requirements in the RSF District, shall be met.
§ 535-58 Resource extraction.
A.
Intent. It is the intent of these regulations to permit resource extraction uses in outlying areas as a temporary or transitional use with assurances that later reuse for other permissible uses and structures is possible.
B.
Existing operations. The requirements of this section shall not apply to existing operations only where more than 50% of the area (excluding setbacks required herein) of a parcel of record has been excavated at the time of adoption of this chapter. Where less than 50% of the area has been excavated, any extension of operations within the parcel or on adjacent parcels shall comply with the requirements of this section, including restoration for the entire parcel(s).
C.
Uses and operations. Permitted uses or operations shall include the removal for sale or processing of timber, natural vegetation, topsoil, fill, sand, gravel, rock or any mineral. Processing may include crushing, washing or refining. Storing or stockpiling of such materials on the site is permissible. Permissible uses may also include concrete or asphalt manufacturing.
D.
Area and setback requirements. The parcel shall consist of a minimum of five acres with dimensions sufficient to adequately accommodate the proposed uses with minimum adverse affects on adjacent lands. No operations shall be permitted within 100 feet of any exterior boundary of the tract or within 250 feet of any building intended for human occupancy existing at the time of permit application. For operations involving blasting, processing or manufacturing, the Plan Commission may increase required setbacks as a condition of approval.
E.
Location. Location shall be appropriate to existing development and development which may reasonably be expected within the time period specified herein for permits. The site shall be so located as to make it unnecessary to conduct trucking operations on any platted street in a residential subdivision.
F.
Plan of operation. Each application for a special exception shall be accompanied by a plan of operation for the site including the following information:
(1)
Statement of ownership of the parcel and control of the operations.
(2)
Extent of the area to be excavated.
(3)
Location, width and grade of all easements or rights-of-way on or abutting the parcel.
(4)
Existing topography by five-foot contour intervals, existing watercourses and drainageways, existing vegetation and soils, depth to groundwater as indicated by at least four borings, and existing buildings or structures.
(5)
Cross section showing extent of sand or gravel deposits and the water table.
(6)
Estimated type and volume of excavation, method(s) of extracting and processing, and the sequence of operations.
(7)
Proposed equipment and proposed locations of equipment, proposed areas for ponding, proposed drainage modifications, proposed processing and storage areas, proposed interior roads and ingress and egress to the site, and proposed areas for the disposition of overburden or topsoil.
G.
Plan of restoration. Each application for a special exception shall be accompanied by a plan of restoration for the site including the following information:
(1)
A statement on the planned restoration, including phasing and timing of the restoration process and reuse of the site.
(2)
A plan showing fill methods and materials, final contours of the site, proposed roads within the site, the location of any water bodies or watercourses within the restored area, landscaping or vegetative planting, and areas of cut and fill.
(3)
The method of disposing of any materials, equipment or buildings on the site.
H.
Time limitations. No special exception permit shall be issued for a period exceeding eight years consisting of not more than six years for the operational phase and not more than two years for the restoration phase. Upon expiration of the operational phase, the applicant may request and receive extensions of this phase for three-year periods unless changing conditions indicate the extension will be detrimental to the public health, safety and welfare. Any extension shall require the submission of a new plan of restoration if the operation is extended or enlarged. If such extension is denied, the applicant shall complete the restoration phase within the two-year time period specified.
I.
Financial assurance. To insure completion of the restoration phase, as proposed, within the two-year time period, each applicant shall submit a performance bond or other financial guarantee sufficient in amount to cover the restoration expense relative to the proposed operation or extension thereto.
§ 535-59 Planned unit development (PUD).
[Amended 9-18-2001]
A.
Intent. The intent of the planned unit development provisions is to encourage quality and desirable development by allowing for greater flexibility and design freedom than that permitted under basic residential district regulations. These regulations are established to permit and encourage diversification, variation and imagination in layout of residential development; to encourage the preservation of open space; and to encourage more rational, economic development with respect to the provisions of public services.
B.
Unified control. All land included for development as a PUD shall be under the legal control of the applicant, whether that applicant is an individual, partnership, or corporation or group of individuals, partnerships or corporations. Applicants requesting approval of a PUD shall present firm evidence of unified control of the entire area within the proposed PUD together with evidence that the developer has the unrestricted right to impose all of the covenants and conditions upon the land as are contemplated by the provisions of these regulations. The applicant shall state agreement to proceed with the proposed development according to the provisions of these zoning regulations and such conditions as may be attached to the special exception for PUD; provide agreements, contracts and deed restrictions necessary for completion of the development according to the approved plans; and bind his or its successors in title to any commitments made in the approval process.
C.
Permitted uses. Any use permitted in the residential multifamily (RMF, R-3, R-4 and R-5), commercial and industrial districts.
D.
General requirements. All permitted uses shall be subject to the accessory use and structure, sign, height and parking requirements of the district in which they are located.
E.
Area and density requirements. A tract of land proposed for development as a planned unit development shall contain a minimum area of two acres and a maximum density equal to the underlying zoning district.
F.
Internal lots and frontage. Within the boundaries of the PUD, no minimum lot size or minimum yards shall be required; provided, however, that no structure shall be located closer to any peripheral property line than a distance equal to the height of such structure.
G.
Access. Every dwelling unit shall have access to a public street either directly or via an approved private road, pedestrianway, court or other area dedicated to public or private use or common element guaranteeing access. Permitted uses are not required to front on a dedicated public street. Access to buildings may be by approved private streets in planned unit developments, provided that such streets are no further than 200 feet from the building served. Private streets shall be a minimum of 24 feet wide with curbs and internal drainage (an urban section design) and pavements equal or better in quality to Town minimum design standards.
H.
Engineering design standards. Normal standards or operational policy regarding right-of-way widths, provision for sidewalks, streetlighting and similar environmental design criteria shall not be mandatory in a planned unit development, but precise standards shall be made a part of the approved plan and shall be enforceable as a part of this chapter.
I.
Procedures for approving planned unit developments.
(1)
Development plan. A development plan shall accompany the application for a special exception permit and contain the following information:
(a)
Names of the owner and developer.
(b)
Scale, date, and North arrow.
(c)
Existing streets, buildings, watercourses, easements and utility lines.
(d)
Proposed pattern of public and private streets, accessways and parking areas.
(e)
Locations and arrangements of lots, buildings by dwelling types, open space areas and recreational facilities, if any.
(f)
Architectural drawings and sketches illustrating the design and character of the various buildings proposed.
(g)
Appropriate statistical data on the size of the development, number of dwellings by type, percentage of open space and other data pertinent to review.
(h)
General outline of deed restrictions and other documents pertaining to the development, operation and maintenance of the project.
(2)
Plan approval. Upon approval of a development plan, a special exception permit shall be issued. All terms, conditions and stipulations made at the time of approval shall be binding upon the applicant or any successors in interest.
(3)
Preliminary and final plans. Approval of a development plan for a special exception does not constitute preliminary or final plat approval. Preliminary and final plats shall be submitted and processed in accordance with standard subdivision review procedures.
(4)
Changes in plan. Minor changes in plans shall be made by application and follow procedures pursuant to Article X. Minor changes shall not be considered a reapplication for special exception permit. Substantial changes in plans shall be made by application and processed as a new application for a special exception permit.
(5)
Deviations from approved plans. Deviations from approved plans or failure to comply with any requirement, condition or safeguard during approval or platting procedures shall constitute a violation of these zoning regulations.
J.
Building permits. Final approval does not constitute approval for the construction of individual buildings or structures in the development. Application for building permits shall be submitted and processed in accordance with standard procedures.
§ 535-60 Cluster subdivision.
A.
Intent. The intent of the cluster subdivision provisions is to provide voluntary alternative zoning provisions which promote ingenuity in design and preserve the natural features of the site.
B.
Unified control. All land included for development as a cluster subdivision shall meet the requirements of unified control for planned unit developments in § 535-59B.
C.
Permitted uses. Single-family detached dwellings.
D.
General requirements. All permitted uses shall be subject to the accessory use and structure, sign, height and parking requirements of the district within which the subdivision is located.
E.
Area and density requirements. A tract or parcel of land proposed for development as a cluster subdivision shall contain a minimum area of two acres. Maximum density of a cluster subdivision shall be eight dwelling units per net acre.
F.
Minimum lot area requirements. All single-family detached dwellings shall have a minimum lot area of 3,600 square feet, front yard of 10 feet and rear yard of 20 feet. There shall be a minimum side yard of two feet and minimum aggregate side yards of 12 feet; provided, however, that there shall be a minimum building separation of 10 feet. All lot size reductions shall be compensated for by a substantially equivalent amount of land in cluster open space to be preserved and maintained for its scenic, recreational or conservation value. The maximum extent practicable, such open space areas shall be directly accessible by all dwellings.
§ 535-61 Small-scale keeping of bees and fowl. [1]
[Added 4-23-2015 by Ord. No. 2015-04; amended 1-18-2022 by Ord. No. 2022-01]
A.
Purpose. The purpose of this section is to allow small-scale keeping of bees and fowl on lots with a residential use. A further purpose is to establish certain requirements for keeping of bees and fowl within the community to avoid issues that might otherwise be associated with keeping of bees and fowl in residential neighborhoods. A growing interest in renewable resources has prompted more people to take up keeping of bees and fowl as a way to produce their own eggs, honey, beeswax, pollen and other hive products that are high in nutritional value. Domestic strains of honeybees have been selectively bred for desirable traits so that they can be kept within populated areas and in reasonable densities, without causing a nuisance if the bees are properly located and carefully managed. By providing a "best practices" ordinance for small-scale ("hobby") keeping of bees and fowl on residential properties, the Town can support a sustainable activity while setting standards that are practical for keeping of bees and fowl and safe for neighbors.
B.
Standards and practices for small-scale keeping of bees. No hives are allowed on any property that is not in residential use (including property zoned residential), with the exception that hives are allowed under the General Agricultural District as a "farm-related" use. The following criteria constitute standards and practices that, when applied to small-scale beekeeping on residential lots, protect the health, safety, property and welfare of the general public.
(1)
Number of hives. The maximum number of hives allowed on any lot zoned and used for residential purposes are based on the size of lot, as follows:
(2)
Location. Hives are allowed only within side or rear yards. In all cases, a minimum setback of 10 feet must be maintained between any property line and the closest point of any hives. Any hives located within 25 feet of a property line must be shielded with a minimum six-foot height flyway barrier installed at the property line. The flyway barrier may consist of a solid wall, fence, dense vegetation, or combination thereof that extends 10 feet beyond the outer edges of the hives in each direction so that all bees are forced to fly over the material to reach the colony.
(3)
Water supply. Every beekeeper shall ensure that a convenient and constant supply of water is provided near the hives for as long as colonies remain active outside of the hives.
(4)
Best practices. The following best practices are established as standards of operation for any small-scale beekeeping operation hereafter licensed by the Town:
(a)
Provide screening around hives so colonies are out of sight from neighboring properties.
(b)
Maintain colonies in movable-frame hives mounted on substantial stands.
(c)
Hives and all other beekeeping equipment must be kept in good and usable condition, including securing unused equipment from weather, theft, vandalism or occupancy by swarms of bees.
(d)
Leave enough room between any screening and the hives for ease of working around the colonies.
(e)
Limit beekeeping activities to times when it doesn't interfere with neighbors' outdoor activities.
(f)
Inspect and monitor bees on a regular basis for the health of the hive and to ensure that the colonies are not creating a nuisance to others.
(g)
Prevent swarming or aggressive behavior by re-queening colonies.
C.
Standards and practices for small-scale keeping of fowl. The keeping of fowl is allowed on a parcel that is zoned General Agricultural (AGD) with five acres or greater. The keeping of fowl with a license is allowed on a parcel that is zoned General Agricultural (AGD) with less than five acres, Single-Family (RSF) and Two-Family (RTF and R-2). The following criteria constitute standards and practices that, when applied to small-scale keeping of fowl on residential parcels, protects the health, safety, property, and welfare of the general public.
(1)
Definition of fowl. The term "fowl," used in § 535-61, shall exclusively mean chicken or duck. The term "fowl" does not include roosters, quail, grouse, pheasant, turkeys, peacocks, emus, ostriches or the like.
(2)
Number of fowl. The maximum number of fowl allowed on a parcel with a license is no more than six, except for a parcel zoned General Agricultural (AGD) with five acres or greater.
(4)
Coop and run standards.
(a)
The coop shall provide at least three square feet of floor area per fowl, but shall not exceed 48 square feet of floor area in total.
(b)
The coop floor shall be of a hard, cleanable surface. A dirt floor or similar is not permissible.
(c)
The coop shall be provided with one nest box per three fowl, and elevated perches to ensure fowl are able to rest in their natural roosting positions.
(d)
The run shall provide at least eight square feet per fowl, but shall not exceed 100 square feet of floor area in total. The run must be attached to the coop with there being direct access between the coop and the run.
(e)
Runs shall be enclosed with wire netting, or equivalent material, including overhead enclosure, capable of preventing fowl from escaping and predators entering.
(f)
Coops and runs shall consist of materials suitable for residential districts. The use of repurposed scrap materials of any kind is prohibited. The coop and run shall be built with quality materials and in a manner capable of preventing fowl from escaping and predators from entering.
(g)
Coops and runs shall be removed from the property in their entirety or repurposed in accordance with other building codes within 30 days of a revocation or expiration of a nonrenewal keeping of fowl license.
(5)
Best practices. The following best practices are established as standards of operation for any small-scale keeping of fowl operation hereafter licensed by the Town:
(a)
No person shall keep any rooster, except for parcels zoned General Agricultural (AGD) with five acres or greater.
(b)
Coops and runs shall be cleaned of feces, uneaten feed, feathers, and other waste as necessary to ensure the birds' health and minimize odor and other nuisances.
(c)
Fowl shall be provided with adequate water, food, and shelter.
(d)
Feed shall be stored in containers which make the feed inaccessible to rodents, vermin, wild birds, and predators.
(e)
All fowl shall be kept within a ventilated and weatherproof coop.
(f)
No fowl shall run at large. Any fowl not secured within a fenced area, or equivalent, within the property limits of its owner or keeper is declared to be at large, and is declared to be a public nuisance.
(g)
Deceased fowl shall be disposed of immediately in a safe manner, which may include trash disposal after placing the deceased fowl in a sealed bag.
(h)
Applicants shall comply with Wisconsin Department of Agriculture, Trade, and Consumer Protection's premises registration program.
(i)
Unusual illness or death of fowl shall be immediately reported to the Outagamie County Health Department.
D.
Administration and enforcement. A license application must be received and approved by the Town before a property owner or tenant can begin keeping of bees or fowl at a residential lot. In addition, keeping of bees or fowl licenses must be renewed annually, prior to April 1.
(1)
Neighbor notification. Prior to Town issuance of a keeping of bees or fowl license, the applicant will be required to notify all neighbors whose properties share a common lot line with the property where keeping of bees or fowl will take place.
(2)
Town inspections. The Community Development Department is authorized to make inspections, during reasonable hours, to investigate any complaints, or to determine continued compliance with the keeping of bees or fowl ordinance. The Department may revoke a license if there have been three or more violations of the ordinance within any six-month period.
(3)
Effect of compliance. Compliance with this section shall not be a defense to a proceeding alleging that a given bee colony, coop, or run is in violation of other codes or ordinances governing public nuisances, or public health and safety. However, compliance with this section may be offered as evidence of the applicant's efforts to abate any proven nuisance, or as evidence of the applicant's compliance with generally accepted standards in the State of Wisconsin.
§ 535-62 Mobile home parks. [1]
A.
Intent. It is the intent of this chapter to provide limited opportunities for mobile home parks as a means of providing balance and variety to housing in the Town of Grand Chute. All mobile home parks are subject to the site plan requirements of Article X.
B.
Character of tract. Each mobile home park tract shall be suitable for the development proposed, recognizing and preserving to the maximum extent practicable outstanding natural features. Every mobile home park shall be located on a well-drained area, and the premises shall be properly graded so as to prevent the accumulation of stormwater or other waters.
C.
Access. Access shall be designed for safe and convenient movement of traffic into and out of the park. All vehicular traffic into and out of the park shall be through designated entrances and exits.
D.
Streets. All sites shall abut upon a street. For a two-way street, the width must be at least 32 feet if parking is to be permitted on both sides of the street, 25 feet in width if parking is permitted on only one side, or 18 feet in width if parking on the street is prohibited. A one-way street must be at least 14 feet in width and parking is prohibited unless the width is appropriately increased.
E.
Sites. Each site shall be clearly defined and delineated. The basic dwelling unit shall not occupy more than 33% of the site area and the basic dwelling unit and all accessory buildings shall not occupy more than 35% of the site area. Each site shall contain a concrete slab not less than 10 feet by 20 feet in dimension for a carport or patio; such slab shall not be required until after the mobile home is in position.[2]
G.
Site requirements. Each mobile home site shall contain a minimum area of 3,600 square feet. Each mobile home shall have a minimum front yard of 25 feet, rear yard of 25 feet and side yards of eight feet each.
H.
Mobile home standards. Each mobile home shall be certified as meeting the mobile home construction and safety standards of the Department of Housing and Urban Development. Each mobile home shall have a visible foundation or skirting around the entire perimeter to form a complete enclosure under exterior walls.
I.
Buffer area. A buffer area not less than 25 feet in width may be required along public streets and mobile home park boundaries. Such buffer strip may be used for drainage structures and utility easements but shall not be used for any other purpose. All such buffer strips shall be planted in suitable ground cover material.
J.
Off-street parking. Two off-street parking spaces shall be provided for each site. One parking space for each 200 square feet of nonstorage floor space shall be provided for offices, recreation facilities and the like.
K.
Accessory uses and structures.
(1)
Accessory uses and structures in § 535-25C(1) through (3) in the RSF District.
(2)
Park recreation facilities, including room or center, courts for games and the like.
(3)
Park offices, maintenance facilities and laundry facilities.
(4)
Enclosed storage structures and storage garage facilities, with use limited to park residents only.
L.
Utilities. Each mobile home site shall be connected to central water and sewer. No individual water supply or sewage disposal system shall be permitted in any mobile home park. Each site shall also be provided with electrical power and central gas (if used) and shall be serviced by individual meters.
§ 535-63 Mobile home subdivisions. [1]
A.
Intent. It is the intent of this chapter to provide opportunities for mobile home subdivisions wherein mobile home sites (lots) are individually owned.
B.
Character of tract. Each mobile home subdivision tract shall be suitable for the development proposed, recognizing and preserving to the maximum extent practical outstanding natural features. Every mobile home subdivision shall be located on a well-drained area, and the tract shall be properly graded so as to prevent the accumulation of surface water.
C.
Permitted uses.
(1)
Mobile homes and manufactured homes. Each mobile home shall be certified as meeting the safety standards of the Department of Housing and Urban Development. Each mobile home shall have a permanent foundation and form a complete enclosure under exterior walls. Minimum width of the main structure shall not be less than 16 feet as measured across the narrowest portion of the structure.
D.
Area and density requirements. A tract or parcel of land proposed for development as a mobile home subdivision shall contain a minimum area of two acres. Maximum density of a mobile home subdivision shall be six dwelling units per net acre.
E.
Lot requirements. Each lot in a mobile home subdivision shall have a minimum lot area of 3,600 square feet, minimum lot width of 30 feet, minimum front yard of 25 feet, minimum side yards of eight feet each, and minimum rear yard of 25 feet. Each lot shall be connected to central water and sewer.
F.
Buffer area. A buffer area of not less than 25 feet in width may be required along exterior subdivision boundaries. Such buffer area may be used for drainage structures and utility easements.
G.
Accessory uses and structures. As for the RSF District.
H.
Approval and permits. Approval procedures shall be as provided in § 535-60 for a cluster subdivision; provided, however, that a mobile home subdivision shall not need a special exception permit as a cluster subdivision. Final approval of a mobile home subdivision does not constitute approval for individual structures. Application for building permits shall be submitted and processed in accordance with standard procedures.
§ 535-64 Home occupations.
[Amended 3-4-2014 by Ord. No. 2014-04]
A.
Purpose. The purpose of this section is to regulate all home occupations within the Town of Grand Chute. By controlling the type, number, location, and operation of home occupations now in use, planned, or hereafter started, citizens are provided an opportunity to start and grow a business while still protecting the health, safety, property, and welfare of the general public. A further purpose of this section is to reinforce standards that provide for particular types and intensities of land use, especially in residential neighborhoods.
B.
General regulations.
(1)
Home occupations shall be permitted only in the following zoning districts:
(2)
Only one home occupation is permitted per lot.
(3)
A home occupation shall be classified as one of the following:
(a)
Office, such as accounting, architecture, web-based businesses, brokering, computer programming;
(b)
Professional service, such as massage therapy, physical therapy, photography, and real estate; or
(c)
Home goods and products, all made or produced as part of the home occupation, such as baked goods, cake-decorating, and small-scale production of custom, as-ordered crafts.
(4)
A home occupation shall not modify the interior or exterior of any structure in any manner that reduces the residential character of such structure or the lot on which it is located.
(5)
A home occupation must be incidental and secondary to the use of such building for dwelling purposes.
(7)
The gross floor area of a home occupation shall be no greater than 25% of the floor area of the principal structure or 500 square feet, whichever is less.
C.
Performance standards. A home occupation shall conform to all the following:
(2)
Hours of operation. No home occupation shall conduct on-site business with an external client between the hours of 8:00 p.m. and 8:00 a.m.
(3)
Employment. No home occupation shall have more than one nonresident employee in the home during hours of operation. An off-street parking space must be provided for nonresident employee use.
(4)
Traffic. No home occupation shall generate any more vehicular traffic than what is normal for a residential street. No home occupation shall increase traffic by more than two cars at a time. The lot on which the home occupation is located shall provide sufficient off-street parking to accommodate clients' vehicles.
(5)
Clients. No home occupation shall have more than two clients on the lot at any time.
(6)
Noise. No home occupation shall create noise greater than what is normally generated in a residential setting and must comply with § 415-7A of the Town of Grand Chute Municipal Code.
(7)
Refuse and recycling. No home occupation shall generate refuse or recycling waste in a volume greater than what is typically and customarily produced by or associated with residential dwellings. All home occupations shall adhere to Town of Grand Chute ordinances and policies for refuse and recycling on residential properties.
(8)
Storage. All home occupations shall store associated goods and products within an enclosed structure. All storage areas shall count towards the amount of space measured as part of the home occupation.
(9)
Equipment and machinery. Only equipment and machinery recognized as being part of the normal practice of owning and maintaining a residence are permitted for use in conducting a home occupation.
(10)
Hazardous materials. All home occupations shall use, store, and dispose of any hazardous or other restricted materials in accordance with the International Fire Code and the National Fire Protection Association Life Safety Code. No home occupation activity shall require the installation of safety features not common to residential uses.
(11)
Air quality. No home occupation shall emit smoke, dust, or steam that reduces ambient air quality and visibility beyond any lot line.
(12)
Light. No home occupation shall produce light that exceeds 0.1 foot-candles above ambient levels as measured at any lot line.
(13)
Odor. No home occupation shall produce noxious odors that transgress beyond any lot line.
(14)
Temperature. No home occupation shall alter ambient air temperature by more than 1º F., as measured at any lot line.
(15)
Vibration. No home occupation shall create vibrations for an extended period of time, as measured at any lot line.
D.
Administration and enforcement. An application for a home occupation permit shall be filed with the Department of Community Development. Necessary supporting documentation, if any, and the required filing fee shall accompany the application. The Community Development Director will complete the review of the request for a home occupation, and will either approve or deny the request based on conformance to the requirements and standards as specified in this section. In the case of an applicant feeling aggrieved by a decision to deny approval of a home occupation permit, said applicant may file an appeal to the Plan Commission for final action.
(1)
Permit. Home occupation permits are approved for a specified use, by a specified resident/operator, at a specified location. As such, permits are not automatically transferrable to a different resident or different address from those approved with the issuance of the permit. If the holder of a home occupation permit intends to relocate and conduct a home occupation at a new address in the Town, a new home occupation permit must be approved.
(2)
Inspection. Upon reasonable notice, the permit holder shall allow the Community Development Department to conduct an on-site inspection of the premises to determine compliance with the requirements and standards of this section.
(3)
Revocation/voiding of permit. The Community Development Department may revoke and void any previously issued home occupation permit upon finding that said home-based business is being operated in noncompliance with the requirements and standards of this section, and any specified conditions contained in the originally approved permit. Revocation may take place at any time, and a revoked permit shall become null and void and said home occupation shall be immediately terminated and discontinued.
§ 535-65 Solid-fuel-fired outdoor heating devices.
[Added 1-17-2006; amended 2-7-2006]
A. SOLID-FUEL-FIRED OUTDOOR HEATING DEVICE STACK or CHIMNEY
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
Any vertical structure enclosing a flue or flues that carry off smoke or exhaust from a solid-fuel-fired heating device, especially that part of such structure extending above a roof.
B.
Regulations. All solid-fuel-fired outdoor heating devices shall:
(1)
Be installed, operated and maintained in strict conformance with the manufacturer's instructions and regulations and all other applicable local, state and federal standards.
(2)
Be approved by the Department of Safety and Professional Services through an approved testing agency.
(3)
Be provided with written documentation from the manufacturer that the device meets the Environmental Protection Agency (EPA) emission criteria identified in 40 CFR 60, Subpart AAA, Section 60.532(b)(2).
(4)
Be provided with written documentation from the manufacturer that the device meets or is in the process of being registered with the Department of Safety and Professional Services Boiler Division.
C.
A solid-fuel-fired outdoor heating device may be installed in the Town of Grand Chute in accordance with the following provisions:
(1)
The solid-fuel-fired outdoor heating device shall be located at least 300 feet from all exterior property lines.
(2)
The solid-fuel-fired outdoor heating device shall have a chimney that extends at least 15 feet above the ground surface. If there are any residences within 500 feet, the chimney shall also extend at least two feet higher above the ground surface than the height of the roofs of all such residences. All chimneys greater than 15 feet in height above the ground shall be provided with documentation from the manufacturer specifying that the solid-fuel-fired outdoor heating device will function with this increased chimney height and how the chimney shall be supported.
(3)
The owner of the solid-fuel-fired outdoor heating device shall obtain an HVAC permit from the Town of Grand Chute before installing a solid-fuel-fired outdoor heating device.
D.
Nuisance. Should any solid-fuel-fired outdoor heating device permitted under this section become hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood as determined by the Building Inspector and/or Fire Chief, then the owner shall correct, improve or abate the nuisance using whatever means are necessary in accordance with this section. If the nuisance cannot be abated, then operation of the device shall be discontinued until a solution to the nuisance can be found.
E.
Penalties. Any person, firm, corporation, business or entity who or which fails to comply with any provisions of this section shall, upon conviction thereof, forfeit an amount as prescribed in the Uniform Forfeiture and Bond Schedules, plus the cost of prosecution for each violation, and on default of the payment of any such fine and costs of prosecution shall be committed to the county jail until payment thereof, but not exceeding 30 days. Each day of violation shall represent a separate violation of this section as described herein.[2]