Lowell Town City Zoning Code
ARTICLE IV
Conditional Uses
§ 295-27 Statement of purpose.
A.
For the purpose of this chapter, the "conditional use permit" is a flexible device designed to cope with situations where a particular use, although not inherently inconsistent with the use classification of a particular district, could create special problems and hazards if allowed to develop and locate as a matter of right and therefore is in need of special consideration. Often, the effects of these uses on the surrounding environment cannot be foreseen until a specific site has been proposed. The nature, character or circumstances of these uses are so unique or so dependent upon specific contemporary conditions that predetermination of permissibility by right or the detailing in this chapter of all of the specific standards, regulations or conditions necessary or appropriate to such permissibility is not practicable.
B.
The development and execution of this article is based upon the division of the Town of Lowell 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.
§ 295-28 Authority of Plan Commission and Town Board; requirements.
A.
The Town Board hereby authorizes the Zoning Administrator to issue a conditional use permit after review, public hearing, and recommendation from the Plan Commission and approval from the Town Board, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this chapter 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. Such Town Board and Plan Commission action and the resulting conditional use permit 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 Town Board and Plan 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 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 trafficway. The Town Board or Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 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 Town Board 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.
§ 295-29 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.
§ 295-30 Application for conditional use.
A.
Application. Upon payment of fees prescribed in accordance with the Town Board's current Fee Schedule, applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by the Zoning Administrator or designee and shall include the following:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
Name and address 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 registered land surveyor or, where deemed appropriate by the Zoning Administrator, a location sketch drawn to scale. The scale shall not be smaller than one inch equals 50 feet. The plat or sketch shall show all the information required for a zoning permit.
(4)
Proposed water and sanitary survey plan, showing the location of any private well, if municipal water service is not available. Site plan shall illustrate sanitary sewer systems, including distance from proposed and existing buildings.
B.
Standards statement. An application for a conditional use shall be filed on a form prescribed by the Town, with the required fee payment. The application 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 § 295-33 hereinafter.
C.
Additional information. The Town Board, Plan Commission or Zoning Administrator (or designee) 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; and plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
§ 295-31 Hearing on application.
All requests for conditional uses shall be applied for with the Zoning Administrator, or the Town Board or Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Town Board on its own motion from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 295-30 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 the 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 Plan Commission shall, by rule, prescribe from time to time.
§ 295-32 Notice of hearing on application; determination.
A.
Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 notice under the Wisconsin Statutes in the official Town 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 Town Board and Plan Commission, and the owners of record as listed in the office of the Town 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.
B.
The Plan Commission shall report its action to the Town Board within 45 days after a matter has been referred to it, recommending that the application be approved, conditionally approved, or denied, after which the Town Board shall take formal action.
§ 295-33 Standards.
A.
Standards. No application for a conditional use shall be granted by the Town Board or recommended by the Plan Commission unless the Town Board or Plan Commission shall find all of 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 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, except for yard requirements, conform to all applicable regulations of the district in which it is located.
(7)
That the proposed use does not violate floodplain regulations governing the site.
(8)
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the Town Board or 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.
C.
Additional considerations. In addition, in passing upon a conditional use permit, the Town Board or 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.
§ 295-34 Denial/approval of application for conditional use permit.
A.
Town Board action. The Town Board, upon the recommendation of the Plan Commission, may authorize the Zoning Administrator to issue a conditional use permit for a conditional use(s) after review by the Plan Commission, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment and the value of the neighborhood or the community.
B.
Written determination. When an advisory recommendation of denial of a conditional use application is made by the Plan Commission or an actual denial by the Town Board, the Plan Commission and/or Town Board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission and/or Town Board has used in determining that each standard was not met.
C.
Compliance. Compliance with all other provisions of this chapter, such as lot width and area, setbacks, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.
D.
Recording. A land covenant form provided by the Town shall be recorded at the office of the Register of Deeds for Dodge County, as a covenant on the title of the premises involved, documenting the existence of the approved conditional use permit.
§ 295-35 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the Town Board 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 § 295-33 above. In all cases in which conditional uses are granted, the Town 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; or
(18)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
B.
Site review. In making its recommendation, the Plan 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 Town Board, upon the recommendation of the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Town Board 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 that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that 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.
§ 295-36 Validity of conditional use permit.
Where a conditional use application has been approved or conditionally approved, such approval shall become null and void within 24 months of the date of the approval 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. 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 Town Board may extend such permit for a period of 90 days for justifiable cause if application is made to the Town at least 30 days before the expiration of said permit.
§ 295-37 Complaints regarding conditional uses.
The Town Board 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 chapter. Upon written complaint by any citizen or official, the Town Board 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 § 295-33 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 § 295-32 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Town Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 295-33 or conditions previously imposed by the Town Board, 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 the standards in § 295-33A and B will be met, the Town Board may revoke the subject conditional approval and direct the Zoning Administrator and the Town Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Town Board shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor.
§ 295-38 Bed-and-breakfast establishments.
A.
As conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to this article.
B.
Definition. "Bed-and-breakfast establishment" means any place of lodging that provides four or fewer rooms for rent for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.
C.
State standards. Bed-and-breakfast establishments shall comply with the standards of Chapter ATCP 73, Wis. Adm. Code.
§ 295-39 Home occupations.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "G")]
A.
Purpose and intent. The purpose of this section is to establish the requirements and criteria for permitting uses of and/or activities from residential dwellings located in residential and agricultural zoning districts for home-based occupations, businesses, professions, or trades where such uses and activities are:
(1)
Accessory and subordinate to the primary residential or agricultural use of the property;
(2)
Conducted in a manner that is compatible with the surrounding residential and agricultural zoning properties; and
(3)
Not detrimental to the character, appearance or quality of life of the surrounding properties or neighborhood within which such uses and activities are to be conducted.
B.
Home occupation classifications. A home occupation shall be classified as either a "minor" or a "major" home occupation based on the size, intensity, number and type of employees, and the characteristics and types of activities associated with a particular home occupation. The determination as to whether a home occupation is to be classified as a minor or major home occupation shall be made by the Plan Commission as set forth in this section.
(1)
Minor home occupation. "Minor home occupations" are occupations that, given their size, appearance, number of employees, operational characteristics and activities, are less likely to have a noticeable and negative impact on the surrounding properties and neighborhood. Minor home occupations are allowed by right as a permitted accessory use and only require a zoning permit obtained from the Plan Commission.
(2)
Major home occupation. "Major home occupations" are occupations that, given their size, appearance, number of employees, operational characteristics and activities, are more likely to have more noticeable and potentially negative impacts on the surrounding properties and neighborhood. Major home occupations are only allowed with a conditional use permit obtained from the Town Board with a recommendation from the Plan Commission and following a public hearing of the proposed home occupation.
C.
General requirements and performance criteria. All minor and major home occupations shall comply with all of the following requirements prior to or as a result of complying with any conditions of approval required by the Town prior to obtaining the required permit (zoning permit or conditional use permit):
(1)
The owner/operator of a home occupation shall reside in the dwelling from which the home occupation is being conducted.
(2)
The total area of the dwelling used to conduct activities associated with a home occupation shall not exceed 1/3 of the total gross floor area of the residential dwelling (excluding activities conducted in accessory buildings).
(3)
All applicable state, federal and local business and/or occupational licenses and any other approvals required shall be obtained as necessary and kept up-to-date throughout the duration of the home occupation. All activities associated with a home occupation and the residential dwelling, accessory building, structure, and overall property from which such home occupation is being conducted shall comply with all local, county, and state building, fire, sanitary, health and other applicable requirements and regulations, including any homeowners' association, subdivision and other recorded property restrictions and covenants. Noncompliance with any applicable requirement and/or regulation may be grounds for a zoning code violation, denial of a home occupation application, or revocation of a home occupation permit.
(4)
The owner/operator of a home occupation shall be responsible for notifying the Plan Commission of any changes to the home occupation that are different from those included in the permit application or from any conditions or restrictions imposed as part of the permit. Changes that result in a home occupation that is larger, more intense, has more employees, has different or more activities, etc., may result in the need for a new permit and possible reclassification of the home occupation (from minor to major).
(5)
Activities associated with a home occupation shall not generate any traffic, parking, solid or liquid waste, water consumption, noise, vibrations, smoke, dust, odor, heat, glare, disturbance or interference with the provision of electrical, television or other utility services, or create any safety hazards exceeding those which are typically and customarily produced by and/or associated with a residential dwelling and residential uses in the zoning district and surrounding neighborhood within which the subject property and home occupation is located.
(6)
The residential dwelling, accessory buildings and structures, and overall property shall remain residential in character and appearance that is typical and customary for residential property located in the neighborhood within which the home occupation is located. Structural or other alterations to the exterior appearance that make the dwelling, accessory buildings, and/or the overall property appear similar to a commercial operation are prohibited.
(7)
Goods or products intended for sale as part of the home occupation may be displayed outside of a dwelling, accessory building or structure, or elsewhere on the property, provided that such goods or products are kept in a neat-appearing and orderly manner on the property.
(8)
Truck deliveries or pickup of supplies or products associated with a home occupation shall be limited to the type of vehicles and pickup/delivery hours that are typical and customary for residential dwellings and uses located in the neighborhood within which the home occupation is located.
(9)
In order to ensure that a home occupation does not become a nuisance to the surrounding properties and property owners, the Plan Commission and Town Board may impose reasonable conditions as deemed necessary to protect the health, safety and welfare of such properties, property owners, and general public.
(10)
Multiple home occupations may be permitted from a single residence, provided that the general requirements and specific performance criteria set forth in this section can be met based on an accumulation of the activities, characteristics, etc., of all home occupations conducted from such dwelling.
(11)
The use of exterior signs is allowed subject to the allowances and requirements of Article VII, Signs, Canopies, Awnings and Billboards.
(12)
Owners/operators of a major home occupation shall permit reasonable inspection of the premises by the Zoning Administrator, Plan Commission, Town Board, or other duly authorized agent of the Town or other agency having jurisdiction or responsibility for enforcing applicable laws, requirements, and regulations at the time of application or after the home occupation has commenced operation in order to determine compliance with the requirements of this section and/or any conditions of approving a home occupation.
(13)
All minor home occupation permits shall be deemed valid for an indefinite period of time unless:
(14)
All major home occupation permits shall be deemed valid for a period of three years unless:
(15)
Whenever the Plan Commission or Town Board has reasonable cause to believe that any of the general or specific requirements and/or performance criteria set forth in this section or any conditions imposed as part of the home occupation have been violated, the Town shall have the right to issue a notice of zoning code violation and pursue appropriate remedies, including, but not limited to, imposing stricter conditions upon the home occupation or revocation of the permit issued for the home occupation.
(16)
The granting of a home occupation permit shall not constitute a covenant running with the property from which such home occupation is being conducted. A home occupation permit shall not be transferable to another property and shall automatically and immediately terminate and become null and void upon the sale, lease, or transfer of the property to a party different from to whom the home occupation permit was originally granted.
(17)
Failure to comply with the provisions of this section, including failure to obtain a home occupation permit as provided for herein, shall constitute a violation of this chapter and be subject to the penalties set forth therein.
D.
Specific requirements and performance criteria.
(1)
Minor home occupations shall comply with all of the following performance criteria:
(a)
Activities associated with a home occupation shall be conducted entirely within a residential dwelling and/or an accessory building;
(b)
The display, storage or parking of materials, goods, supplies or equipment outside of the dwelling or outside of an enclosed accessory building is prohibited; and
(c)
The total number of part-time or full-time nonresident employees working on the property at any one time shall not exceed three nonresident employees. There is no limit on the number of resident employees.
(2)
Major home occupations shall comply with all of the following performance criteria:
(a)
Activities associated with a home occupation shall be conducted entirely within the residential dwelling and/or in an enclosed accessory building or structure;
(b)
The display, storage or parking of materials, goods, supplies, or equipment outside of the dwelling is permitted in an enclosed accessory building, or in the side or rear yard of the subject property, provided the yard area used for such display, storage or parking is completely screened from view from all public streets and adjacent property through the use of natural landscaping materials or a combination of natural landscaping and other man-made or fabricated screening materials, e.g., fencing, etc.; and
(c)
The number of part-time or full-time nonresident employees working upon the premises at any given time shall not exceed 10 employees unless specifically established as a condition of permit approval.
E.
Prohibited home occupations.
(1)
Any occupation involving the repetitive purchase and resale, exchange, production, refinement, packaging or handling of explosives or any hazardous materials by any person who devotes time or attention to such items as a regular or part-time course of trade or business with the objective of livelihood or principle means of profit is prohibited.
(2)
Any home occupation involving the on-site sale, resale, repair of automobiles, trucks, boats, trailers, or other motorized vehicles where the total number of all such items kept or being repaired at any given time is more than 10.
(3)
Truck-for-hire operations with more than four trucks.
F.
Application procedures.
(1)
The Plan Commission shall determine whether a home occupation qualifies as a minor or major home occupation at its next regularly scheduled meeting but not later than 60 days after the date an application has been received. In the event that the Plan Commission determines that the home occupation for which an application has been received does not conform to one or more of the general requirements and performances criteria, the Plan Commission has the right to deny the application.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Copies of all major home occupation applications may be forwarded to the appropriate Town, county, state, and federal agencies for review and comment concerning applicable laws, regulations, and requirements and whether or not a proposed occupation complies with such laws, regulations, or requirements, or under what conditions compliance can be met.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
G. HOME OCCUPATION PROFESSIONAL HOME OFFICE
Definitions. For purposes of this section, the following definitions shall apply:
A business, occupation, profession or trade use or activity conducted for financial gain or profit on a reoccurring basis within or from a residential dwelling and/or accessory building by one or more occupants residing in the dwelling where the conduct of such use or activity is clearly incidental and subordinate to the primary or principal use of the dwelling and property for residential purposes and does not change the residential character or appearance of the dwelling or accessory building.
For purposes of this section, a professional home office shall be the same as a home occupation. See definition of "home occupation."
§ 295-40 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 Manufacturing/Industrial District and AG-1 Agricultural District, provided the site area is not less than 20 acres.
B.
Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums, in the RC-1 Rural Cluster Residential District; the B-1 Business/Commercial Mixed-Use District; the M-1 Manufacturing/Industrial District, and the P-1 Park District.
C.
Utilities in all districts, provided all principal structures and uses are not less than 100 feet from any residential district lot line. Utilities in the C-1 District shall also meet the requirements of this chapter.
D.
Public passenger transportation terminals, such as heliports, bus and rail depots, airstrips, and landing fields, in the B-1 Business/Commercial Mixed-Use District and the M-1 Manufacturing/Industrial District, provided all principal structures and uses are not less than 300 feet from any residential district boundary.
E.
Public, parochial, and private elementary and secondary schools and churches in the B-1 Commercial/Mixed Use District and P-1 Park District, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line.
§ 295-41 Mineral extraction operations conditional uses.
A.
Where allowed. Mineral extraction operations are conditional uses and may be permitted in accordance with the provisions of this article in all districts except in the R-1 and RC-1 Residential Districts, C-1 Conservancy District and P-1 Park District.
B.
Use restricted. Mineral extraction operations shall include the removal of rock, slate, gravel, sand, or any other minerals from the earth by excavating, stripping or leveling.
C.
Permits. Conditional use permits for mineral extraction operations shall be in effect for such period of time and subject to those conditions set forth in that permit; provided, however, such conditional use permit shall terminate upon failure of the permit to comply with any Town ordinance requiring annual quarrying permits.
D.
Application. Applications for a conditional use permit for a mineral extraction operation shall be submitted to the Town Clerk and shall be accompanied by a fee as set by the Town Board to defray the cost of notification, holding of public hearings, administrative processing and inspection of such applications; a detailed description of all aspects of the proposed extraction operation; a list of equipment, machinery and structures which may be used; the source, quantity, and disposition of water to be used, if any; a legal description of the proposed site; a topographic map of the site and the area abutting the site, to the nearest public road right-of-way or a minimum distance of 300 feet on all sides of the site drawn at a minimum vertical contour interval of five feet and showing all existing and proposed private access roads and the depth of all existing and proposed excavations; and a restoration plan.
E.
Referral and public hearing. Application for conditional use permits for mineral extraction operations shall be referred to the Plan Commission for public hearing, and the Commission shall report back to the Town Board with its recommendation within 60 days after the public hearing. The Plan Commission shall conduct such public hearing within 60 days after referral. The Plan Commission shall fix a reasonable time and place for the hearing and publish a Class 1 notice thereof. In addition, written notice of the public hearing shall be delivered by first-class mail or shall be hand-delivered by courier to all owners of the property within 1/2 mile of the proposed mineral extraction operation. Substantial compliance with the notice requirements of this section shall be deemed sufficient.
F.
Town Board action. The Town Board shall, within 30 days after receipt of the recommendation from the Plan Commission, issue or deny a conditional use permit for the proposed mineral extraction operation. The determination shall be based upon the effect of the proposed operation on existing roads and traffic movement in terms of adequacy, safety, and efficiency; the effect of the proposed operation on drainage and water supply; the possibility of soil erosion as a result of the proposed operation; the degree and effect of dust or noise as a result of the proposed operation; the practical possibility of restoration of the site; the effect of the proposed operation on the natural beauty, character, tax base, land value and land uses in the area; and particular consideration for future residential use. Town Board determination regarding the issuance or denial of a renewal of a conditional use permit shall be based particularly on the evaluation of the effect of the continuance of the use in relation to changing conditions in the area. Where renewal is denied, the reason for denial shall be specifically outlined to the applicant, in writing.
G.
General requirements.
(1)
No part of the mineral extraction operation shall be permitted closer than 1,000 feet, nor shall any accessory private access road or building be permitted closer than 500 feet to a district zoned residential at the time of the granting of the permit, except by written consent of the owners of all residentially zoned properties within 1,000 feet, but in no case shall such operation be permitted closer than 200 feet to a residential district.
(2)
No mineral extraction operation shall be permitted if 30 or more families reside within a half mile of the proposed site.
H.
Setback/yard requirements. No part of the mineral extraction operation shall be permitted closer than 50 feet to any property line, except with the written consent of the owner of the adjoining property, or where said mineral extraction operation is abutting an existing mineral extraction operation or an industrial district, but in no case shall such operation be closer than 20 feet to any property line except by agreement between the owners abutting mineral extraction operations.
I.
Operational requirements.
(1)
Fencing or other suitable barrier shall be erected and maintained around the site or around portions of the site where in the determination of the Plan Commission such fencing or barrier is necessary for the protection of the public, and shall be of a type approved by the Plan Commission.
(2)
All machinery and equipment used in mineral extraction operations shall be constructed, maintained and operated in such manner as to minimize dust, noise and vibration. Access and haulage roads on the site shall be maintained in a dust-free condition by surfacing or treatment as directed by the Town Board.
(3)
The planting of trees and shrubs and other appropriate landscaping shall be provided where deemed necessary by the Town Plan Commission to screen the operation so far as practical from the public right-of-way, and generally to minimize the damaging effect of the operation on the beauty and character of the surrounding countryside. Such planting shall be started as soon as practical, but not later than one year after mineral extraction operations have begun.
(4)
Except in an industrial district, mineral extraction operations shall not begin before the hour of 7:00 a.m. and shall not continue after the hour of 6:00 p.m., and no operations shall take place on Sundays or legal holidays.
(5)
The applicant shall route all vehicles in a manner that will not damage Town roads. The applicant shall provide to the Town a bond written by a licensed surety company, a certified check, or other financial guarantee satisfactory to the Town Board in an amount sufficient to repair damages to the Town roads caused by vehicles using the mineral extraction operation.
J.
Restoration requirements.
(1)
In order to ensure that the area comprising the mineral extraction operation shall be restored to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall, prior to the issuance of a conditional use permit, submit to the Plan Commission a plan for such restoration in the form of the following:
(a)
An agreement with the Town Board whereby the applicant contracts to restore the premises within a time satisfactory to the Town.
(b)
A restoration plan showing the proposed contours after restoration, plantings and other special features of restoration, and the method by which such restoration is to be accomplished.
(c)
A bond written by a licensed surety company, a certified check, or other financial guarantee satisfactory to the Town Board in an amount sufficient to secure the performance of the restoration agreement.
(d)
Such agreement and financial guarantee shall be in a form approved by the Town Attorney.
(2)
In the event of the applicant's failure to fulfill this agreement, or a new owner/applicant's failure to comply, such bond, check, or other financial guarantee shall be deemed forfeited for the purpose of enabling the Town to perform the restoration.
(3)
At any stage during implementation of the restoration, the plan may be modified by mutual agreement between the Town and the owner or the operator. Restoration shall proceed as soon as practicable and at the order and direction of the Town Plan Commission.
(4)
Where there is any backfilling, the material used or the method of fill shall not be such as to create a health hazard nor which would be objectionable because of odor, combustibility or unsightliness. In any case, the finished grade of the restored area or areas of proposed building or paving construction shall be of sufficient depth of earth to support plant growth.
(5)
Within one year after the cessation of the mineral extraction operation, all temporary structures (excepting fences), equipment, stockpiles, rubble piles or heaps or other debris shall be removed or backfilled into the excavation so as to leave the premises in a neat and orderly condition.
(6)
In any restoration procedure which takes place in sand or gravel pits or on other sites where the material is of a loose or friable nature, no slope shall be left which is steeper than a ratio of three horizontal to one vertical. In no case shall any slope exceed the normal angle of repose of the material involved.
K.
Inspection. The Town Board may periodically conduct an inspection of mineral extraction operations to ascertain whether or not the requirements of this section and any previously agreed-upon conditions are being met.
§ 295-42 Conservancy uses conditional uses.
The following wetland conservancy uses shall be conditional uses and may be permitted as specified:
A.
Road construction. The construction of roads in the C-1 Conservancy District which are necessary for the conduct of agricultural cultivation or to a silviculture activity, or necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses, provided that:
(1)
The road cannot, as a practical matter, be located outside of a wetland; and
(2)
The road is designed and constructed to minimize the adverse impact upon the natural functions of the wetland and meets the following standards:
(a)
The road shall be designed and constructed for the minimum cross section practical to serve the intended use;
(b)
Road 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 road.
B.
Nonresidential buildings. The construction and maintenance of nonresidential buildings in the C-1 Conservancy District which are used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with wetland preservation, if such building cannot, as a practical matter, be located outside of a wetland, provided that:
(1)
Any such building does not exceed 500 square feet in floor area and no filling, flooding, draining, dredging, ditching, tiling, or excavating is to be done.
C.
Recreation areas. The establishment and development of public and private park and recreation areas, boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private wildlife habitat areas in the C-1 Conservancy 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, except for limited filling necessary for the development of boat launching sites or swimming beaches or the construction of park buildings;
(3)
Ditching, excavating, dredging, and 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.
D.
Utilities. The construction and maintenance of electric, gas, telephone, water, and sewer transmission and distribution lines, and related facilities in the C-1 Conservancy District by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members located outside the C-1 Conservancy District, provided that:
(1)
The transmission and distribution lines and related facilities cannot, as a practical matter, be located outside of 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.
E.
Railroad lines. The construction and maintenance of railroad lines in the C-1 Conservancy District, provided that:
(1)
The railroad lines cannot, as a practical matter, be located outside of 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 wetland.
§ 295-43 Dog kennel and horse boarding conditional uses.
A.
Compliance. The operation of a kennel or horse boarding facility where allowed as a conditional use shall be in full compliance with the terms of this chapter and any other applicable regulations. It shall be unlawful to establish and operate a kennel or horse boarding facility in noncompliance with the terms of this chapter and other applicable regulations.
B.
Conditional use requirements for kennels. Except in conservancy and park districts, the following shall apply:
(1)
Dog shelter requirements.
(a)
The following are minimum dog run size requirements as corresponding to different-sized dogs. Sizes to be measured at the shoulders.
Size of Dog | Minimum Dog Run (per dog) | |
|---|---|---|
Small | 4 inches to 12 inches | 4 feet x 8 feet |
Medium | 12 inches to 18 inches | 4 feet x 12 feet |
Large | 18 inches or larger | 6 feet x 14 feet |
(b)
For each additional dog over one, the dog shelter is required to be 50% larger than the minimum size stated above. Thus, the dog shelter size for two dogs must be 50% larger. The dog run size for three dogs must be 100% larger (double in size).
(c)
Dog shelters must otherwise be adequate with respect to light, ventilation, etc.
(d)
The owner must demonstrate adequate sound control, especially during night hours and for surrounding residential uses.
(2)
Additional requirements for kennels.
(a)
There will be a limit of one dog per run in commercial kennels.
(3)
Additional requirements for private kennels.
C.
Horse boarding facility conditional use requirements.
(1)
The following are the minimum size requirements for stables corresponding to the size of the horse:
Size of Horse | Minimum Stable Size | |
|---|---|---|
Small | Under 13-2 hands | 9 feet x 9 feet |
Medium | 13-2 to 15-2 hands | 10 feet x 10 feet |
Large | 15-2 hands or over | 12 feet x 12 feet' |
(2)
Stables must be a box stall, lean-to or a three-sided structure.
(3)
Property owners shall present a manure disposal plan, if intending to board more than five horses, to be approved by the Town Board.
§ 295-44 Accessory dwelling units (ADUs).
[Added 3-10-2015 by Ord. No. 2015-01 (Exhibit "F")]
A.
Intent. "Accessory dwelling units" (ADUs) are a second dwelling unit located on a property that is intended to be an accessory or secondary use of that property. Accessory dwelling units are created auxiliary to, and smaller than, the primary dwelling on a property. Accessory dwelling units can be created in a variety of ways, including conversion of a portion of an existing house, addition to an existing house, conversion of an existing garage or the construction of an entirely new and detached building. Accessory dwelling units are also known as "mother-in-law suites," "caregiver suites," "guest quarters" and "granny flats."
B.
Minimum standards.
(1)
Property size. The property upon which an ADU is proposed shall not be less than three acres in area or the minimum parcel size required in order to accommodate the ADU and a replacement or expanded septic system.
(2)
Size. The ADU may have no more than two bedrooms and cannot exceed in size (gross square feet) more than 50% of the total living area (gross square feet) of the primary dwelling or a maximum of 1,000 square feet, whichever is less.
(3)
Only one ADU will be allowed per property with an existing single-family residence. Accessory dwelling units are not be allowed on lots containing a duplex. A detached ADU will not be allowed on a property containing an existing attached ADU, and an attached ADU will not be allowed on a property containing a detached ADU.
(4)
A detached ADU shall be located in a side or rear yard of the property and within 150 feet of the primary dwelling.
(5)
An ADU cannot be used as a rental unit or property.
(6)
Attached v. detached. The standard for attached versus detached ADUs is as follows:
(a)
Detached buildings. To be considered a detached building, the ADU must be located in the side or rear yard of the property and at least 25 feet behind the primary dwelling.
(b)
Attached buildings. To be considered attached, living space of both the primary dwelling and ADU must abut, i.e., share a common wall, or be connected by a breezeway, garage, or other enclosed structure constructed on a foundation where the length of the connecting structure cannot exceed twice the width. Features such as trellises, decks, patios, or other unenclosed structures will not be considered an attached structure.
(7)
A detached ADU shall not be approved unless and until a legal covenant or title notice is recorded on the property which will generally state that the accessory dwelling located on this property may not be sold as a separate residence until such time as the accessory dwelling is located as the sole residence on a legally subdivided parcel. Said covenant shall also contain whatever additional conditions or stipulations are approved by the Town for ADUs requiring a conditional use permit.