Iron Ridge City Zoning Code
ARTICLE IV
Conditional Uses
§ 365-33 Statement of purpose.
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 at 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.
§ 365-34 Authority of the Plan Commission; requirements.
A.
The Plan Commission, after a public hearing, shall, within a reasonable time, grant or deny any application for a conditional use. 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.
B.
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled-access trafficways, and within 1,500 feet 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 trafficway. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 60 days before taking final action.
C.
Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
D.
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.
§ 365-35 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 provided for in this article in the zoning district in which such land is located.
§ 365-36 Application for conditional use.
A.
Filing of application. An application for a conditional use shall be filed with the Building Inspector on a form prescribed by the Village. The application shall be accompanied by such plans and other information as may be prescribed by the Building Inspector, Village Board or the Plan Commission, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 365-39 hereinafter. The Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
B.
Application information. Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms furnished by the Village and shall include the following:
[Amended by Ord. No. 3-2002]
(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; and the zoning district within which the subject site lies.
(3)
Plat of survey prepared by a registered land surveyor showing all of the information required under § 365-11 for a building permit and, in addition, the following: mean and historic high-water lines, on or within 40 feet of the subject premises, and existing and proposed landscaping.
(4)
Additional information as may be required by the Plan Commission, Village Engineer, or Zoning, Building, Plumbing, or Health Inspectors.
(5)
Fee receipt from the Clerk in the amount of $175.
C.
Plans. In order 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 building permit, the following information:
(1)
A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover;
(2)
Location of buildings, parking area, traffic access, driveways, walkways, open spaces, landscaping, lighting;
(3)
Plans for buildings, sewage disposal facilities, water supply systems, and arrangements of operations;
(4)
Specifications for areas of proposed filling, grading, lagooning or dredging;
(5)
Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
§ 365-37 Hearing on application.
Upon receipt of the application and statement referred to in § 365-36 above, the Plan Commission shall hold a public hearing on each application for a conditional use 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 manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
§ 365-38 Notice of hearing on application.
Notice of the time, place and purpose of such hearing shall be given by publication as a Class 2 notice under the Wisconsin Statutes in the official Village paper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Building Inspector, members of the Village Board and Plan Commission, and the owners of record, as listed in the office of the Assessor, who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing.
§ 365-39 Standards.
No application for a conditional use shall be granted by the Plan Commission unless such Commission shall find all of the following conditions are present:
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 uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
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 other necessary site improvements 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, except for yard requirements, conform to all applicable regulations of the district in which it is located.
G.
That the proposed use does not violate floodplain regulations governing the site.
H.
That when applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
I.
That in addition in passing upon a conditional use permit, the Plan Commission shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on the site.
(4)
The location of the site with respect to floodplains and floodways of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 365-40 Denial of application for conditional use permit.
When a conditional use application is denied, the Plan 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.
§ 365-41 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
A.
Prior to the granting of any conditional use, the Plan 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 § 365-39 above. In all cases in which conditional uses are granted, the Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking;
(18)
Or any other requirements necessary to fulfill purpose and intent of this chapter.
B.
The Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The 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/use.
C.
No alteration of a conditional use shall be permitted unless approved by the Plan Commission.
§ 365-42 Validity of conditional use permit.
A.
Where the Plan 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 commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted.
B.
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 except as modified by this article.
§ 365-43 Complaints regarding conditional uses.
The Plan 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 Building Inspector 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 or official, the Plan 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 § 365-39 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 § 365-38 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 365-39 or conditions previously imposed by the Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in Subsections A and B of § 365-39 will be met, the Plan Commission may revoke the subject conditional approval and direct the Building Inspector and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished the current owner of the conditional use in writing stating the reasons therefor.
§ 365-44 Planned unit developments (PUDs).
A.
Planned Unit Developments (PUDs) are permitted as conditional uses in all zoning districts except the Conservancy District. PUD is intended to permit the development of planned developments containing not less than 10 contiguous acres under one ownership or control. Within such planned communities, the location of all residential, commercial, industrial and governmental uses, school sites, parks, playgrounds, recreation areas, parking areas and other open spaces shall be controlled in such a manner as to permit a variety of housing accommodations and land uses in orderly relationship to one another.
B.
In granting a permit for the development of a PUD, the Plan Commission and Village Board shall make the following determinations:
(1)
That the overall population density shown on the PUD plan for residential and associated industrial and commercial uses shall not exceed an average density of 15 persons per acre. In computing population density, a factor of 3.7 persons shall be used per one family dwelling, 3.0 persons per garden-type apartment unit or townhouse and 1.5 persons per high rise apartment unit.
(2)
Density requirements (lot area, width and yard requirements). The district area, width and yard requirements of the basic use district may be modified; however, in no case shall the average density in a residential district exceed the number of dwelling units that would have been permitted if the planned unit development regulations had not been utilized.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
(3)
That in computing average density on any final plan of a part of a PUD, which at the time of its creation was under one ownership or control, any excess in land area over that required to support an average density of 15 persons per acre of gross residential area in any final plan previously recorded may be included. In other words, as each successive final plan is submitted, the overall density of all areas shown on recorded final plans within the proposed PUD as approved by the Plan Commission and Village Board shall be recomputed so that the average population density of the developed areas within the recorded sections of the PUD shall never at any time in the history of the development exceed a density of 15 persons per acre.
(4)
That the uses shall be as shown on the preliminary plans.
(5)
That the locations of all structures and designated building envelopes shall be as shown on final plans. Building envelopes must be protected by adequate covenants running with the land, conveyances, or dedications.
(6)
The proposed location and arrangement of structures shall not be detrimental to existing or prospective development of the neighborhood. Open spaces between structures shall be protected where necessary by adequate covenants running with the land, conveyances or dedications. There shall be no minimum lot size, no minimum setback lines, no maximum percentage of lot coverage and no minimum lot width in the PUD. However, every single-family dwelling shall have access to a public street, court, walkway or other area dedicated to public use and no single-family dwelling (except a townhouse or semidetached dwelling) and no addition to any single-family dwelling shall be erected within a distance of less than 16 feet from any other single-family dwelling.
(7)
That the owner has bonded himself and his contractors to make the required improvements within a reasonable length of time.
C.
The procedure for obtaining a permit for the development of a PUD shall be as outlined in this article for conditional use permits, except that the following requirements shall also apply:
(1)
The applicant shall provide proof that the site under consideration contains a minimum land area of not less than 10 acres under one ownership or control Additional land area may be added to an existing PUD if it is adjacent or forms a logical addition to an existing PUD. The procedure for an addition shall be the same as if an original application were filed, and all of the requirements of this article shall apply except the minimum acreage requirement of 10 acres.
(2)
The applicant shall furnish with his application for a conditional use permit 15 copies of a preliminary plan, prepared or certified by a surveyor or engineer showing the proposed general layout, the general location of the various types of land uses, the proposed densities of population in residential areas, a major thoroughfare plan, a public utility plan if public utilities are proposed or required, a storm drainage plan and a plan showing the location of recreation spaces, parks, schools and other public or community uses.
(3)
Following approval by the Plan Commission and Village Board of a preliminary plan, the applicant shall furnish 15 copies of a final plan of any section of not less than four acres of the land shown on the preliminary plan, prepared or certified by a surveyor or engineer duly authorized by the state to practice as such, showing the layout of all major and local thoroughfares and local streets, the location of all buildings, parking areas, pedestrianways, utility easements, lot lines, open spaces, parks, recreation areas, school sites, playgrounds, the proposed use of all buildings and the metes and bounds of all dedicated areas and lots. The applicant shall also furnish a proposed deed of dedication including restrictions safeguarding the use of open spaces and preventing encroachment upon open spaces between buildings. The applicant shall furnish a deed, or deeds, to land determined by the Village to be needed for public elementary and intermediate school purposes. When the final plan and deed of dedication shall have been approved by the Plan Commission and Village Board as being in conformity with this section and with any changes or requirements of the Plan Commission and Village Board on the preliminary plan, it shall be approved for recordation and recorded. Thereafter, no modification may be made in any final plan except by an amended final plan submitted as provided for the original plan.
§ 365-45 Nonfarm residential uses in Agricultural District.
In granting a conditional use permit for nonfarm residential uses in the Agricultural District, the Plan Commission shall make the following determinations:
A.
That the proposed residential uses will not adversely affect agricultural operations in surrounding areas or be so situated that future inhabitants of such residences might be adversely affected by agricultural operations in surrounding areas.
B.
That the site(s) of the proposed residential uses are not well suited for agricultural use by virtue of wooded areas, topography, shape of parcel, soil characteristics, and similar factors.
C.
That the site(s) proposed for residential use is particularly well suited for such use as indicated by rolling topography, wooded areas, soil types, vistas, proximity to lakes or streams or other similar factors, proximity to school bus routes, traffic access and egress, established transportation routes, and adequacy of area schools to accommodate increased enrollment that might result from such development.
§ 365-46 Mineral extraction.
A.
Applications requesting Plan Commission approval of a proposed quarrying activity shall be accompanied by:
(1)
Operations description. A description of all phases of the contemplated operation, including types of machinery and equipment which will or might be necessary to carry on the operation. Where the operation is to include sand and gravel washing, the estimated daily quantity of water required, its source and its disposition shall be identified.
(2)
Legal description. A legal description of the proposed site.
(3)
Topographic map. A topographic map (at a minimum contour interval of five feet) of the proposed site and the area extending beyond the site to a minimum distance of 300 feet on all sides.
(4)
Restoration plan. A restoration plan as hereinafter required.
(5)
Consideration of compatibility. In reviewing a proposal for a quarrying activity, the Plan Commission shall take into consideration:
(6)
Restoration plan and financial guarantee required. No grant to carry on a quarrying operation shall be given until the Plan Commission approves a restoration plan and the owner agrees to restore the quarried area to a condition of practical usefulness and reasonable physical attractiveness as provided in the conditional use permit or within six months after the quarrying operations have ceased. The owner shall provide sufficient financial guarantee to secure the performance of the restoration agreement. The agreement and financial guarantee shall be in a form approved by the Village Attorney.
(7)
Conditions for approval. The Plan Commission may set forth conditions regarding appropriate setback and other dimensional requirements, particularly with reference to avoiding a nuisance effect on surrounding residential uses. Suitable fencing and landscaping may be required.
(8)
Duration of conditional grant. The initial grant to carry on a quarrying operation shall not be effective for more than five years. Authorization may be extended for three additional years, subject to conditions specified by the Plan Commission.