Mishicot City Zoning Code
ARTICLE IV
Additional Use Requirements
§ 395-27 Purpose.
The purpose of these requirements is to minimize potential negative impacts from certain uses and to promote compatibility between particular uses and surrounding uses.
§ 395-28 Applicability.
In addition to complying with other regulations established in this chapter, these requirements must be met for each specific use. These requirements shall override any requirements which are described elsewhere in this chapter for the zoning districts, but only to the extent that they conflict with and are more restrictive than such requirements.
§ 395-29 Agricultural uses.
A.
Agriculture.
(1)
Nonresidential accessory buildings or structures used solely in conjunction with the agricultural use on the property or an adjacent property in common ownership may be constructed prior to a principal structure or residence (e.g., sugar shacks, agricultural storage buildings, barns, etc.).
(2)
Buildings or structures in which livestock are kept shall be located a minimum of 2,000 feet from any residential or business zoning district.
(3)
Swine farming and fur farming shall be prohibited in the Conservancy (C-1) District.
B.
Accessory agriculture.
(1)
Such use shall only be permitted as an accessory use to a principal residential use or as an accessory use to a principal school/college/university land use.
(3)
Beekeeping shall only be permitted as an accessory use to a school/college/university land use.
(4)
The keeping of poultry hens and beekeeping shall be subject to the requirements of § 128-21 of the Code of the Village of Mishicot.
(5)
Such use may involve the construction of a greenhouse and/or other accessory structures incidental to such accessory agriculture use, subject to the applicable provisions of this chapter.
C.
Commercial greenhouse.
(1)
Outdoor storage and display shall be prohibited except as follows:
(a)
Outdoor display of products and materials for retail sale may be allowed at the discretion of the Village Board.
(b)
Outdoor storage of equipment and materials may be allowed at the discretion of the Village Board, provided such equipment and materials are screened from rights-of-way and adjacent properties through means such as vegetation/shrubbery, fences, walls, enclosures, etc.
§ 395-30 Recreational uses.
C.
Outdoor shooting range/gun club.
(1)
The club or range and any structure associated with the club or range must be located so that the use of a firearm on the premises does not create a nuisance or danger to any person or property on any adjacent parcel.
(2)
Accessory uses, such as a bar, dining facility, kitchen, or storage shed that is incidental to the operation of the club or range, may be allowed.
§ 395-31 Residential uses.
A.
Two-family residence (duplex).
(1)
In the General Business (B-1) and Community Business (B-2) Districts, two-family residences shall comply with the following requirements:
B.
C.
Accessory dwelling unit.
(1)
Not more than one accessory dwelling unit shall be permitted per lot.
(2)
Accessory dwelling units shall be attached to a single-family residence via a common wall and/or enclosed breezeway.
(3)
Accessory dwelling units shall comply with the setbacks as required for principal structures.
(4)
Accessory dwelling units shall have a consistent exterior design theme as the single-family residence to which it is attached.
(5)
Minimum and maximum floor area for accessory residences shall be provided per § 395-24 of this chapter.
(6)
A minimum of one off-street parking space shall be provided in addition to the required parking spaces for the single-family residence and any other use(s) on the property requiring off-street parking per Article V of this chapter.
(7)
Occupancy of the accessory dwelling unit shall not be allowed until a certificate of occupancy is obtained for the primary residence.
(8)
Accessory dwelling units shall not be used for short-term rentals.
(9)
Accessory dwelling units shall not be conveyed or separated in ownership from the primary residence on the lot.
(10)
Accessory dwelling units shall contain permanent provisions for living, sleeping, eating, cooking, and sanitation (i.e., living area, bedroom, kitchen, and bathroom).
E.
Short-term rentals (STR).
(1)
State and county license. An STR is subject to licensing requirements contained in Ch. ATCP 72, Wis. Admin. Code (e.g., state tourist rooming house license) and the Manitowoc County Public Health Ordinance.
(2)
Occupancy limit. Occupancy is limited to no more than two persons per bedroom, plus two additional persons, per structure, and may not exceed a total of 12 persons.
(3)
Required inspection for public safety. Before the issuance of any conditional use permit, an inspection of the residential structure shall occur by the Village's Building Inspector. All STR rooms for rent shall be UDC (Uniform Dwelling Code) compliant. Inspections may be required every five years at a minimum, by discretion of the Village.
(4)
Parking.
(a)
All vehicle parking shall occur on-site. No on-street parking shall be permitted.
(b)
The owner shall provide sufficient off-street parking for all daytime visitors, and shall provide off-street parking on the parcel or lot for each vehicle that is parked overnight.
(c)
The maximum number of vehicles that may be parked on the property overnight is six.
(5)
The owner of a short-term rental must keep a register detailing the use of the premises. The register must include, at a minimum, the name, address, and telephone number of each guest using the property and the license number of each vehicle that is parked on the property. A copy of the register must be made available to the Village upon request.
(6)
It is unlawful for any person to use or allow another person to use a camper, motor home, recreation vehicle, trailer, or any other means to provide overnight accommodations outside of the principal structure on the premises of a short-term rental.
(7)
The Village Board may impose conditions intended to reduce the impact of the proposed use on neighboring properties. The conditions may include, but are not limited to, the installation of a fence or vegetative screening along a property line, or the imposition of specified quiet hours.
F.
Boardinghouse.
(1)
No boardinghouse or rooming house may contain or be occupied by more than 10 boarders.
(2)
One off-street parking space shall be provided for every two sleeping rooms contained in each residence in addition to the parking required for the manager or permanent household.
(3)
The minimum lot area required shall be as specified in the zoning district in which the boardinghouse or rooming house is located, plus 500 square feet for each sleeping room provided beyond that which is required for the owner or managers.
(4)
The boardinghouse or rooming house must meet all other applicable state, county or Village codes and regulations.
G.
Accessory residence.
(1)
Accessory residences shall be subject to the regulations herein and shall not be regulated as single-family residences, two-family residences, multifamily residences, or accessory dwelling units.
(2)
Accessory residences may be attached or detached dwelling units.
(3)
The setbacks shall be the required setbacks for principal structures.
(4)
One parking space shall be provided for each residential unit.
(5)
Minimum and maximum floor area for accessory residences shall be provided per § 395-24 of this chapter.
(6)
Accessory residences shall contain permanent provisions for living, sleeping, eating, cooking, and sanitation (i.e., living area, bedroom, kitchen, and bathroom).
§ 395-32 Commercial uses.
A.
Special event.
(1)
Activities shall not obstruct pedestrian or vehicular circulation, including vision clearance triangles.
(2)
Adequate parking, drinking water, toilet facilities, and crowd control shall be provided.
(3)
If the subject property is located within or adjacent to a residentially-zoned area, activities shall be limited to daylight hours, unless approved for longer hours at the discretion of the Village Board.
(4)
Special events shall not exceed 14 total days in a calendar year nor seven consecutive days on any single parcel or lot.
C.
Home occupation. A home occupation use shall comply with the following special requirements:
(1)
No persons other than residents of the dwelling unit on the premises shall be engaged in home occupations. Other persons may be employed by the home occupation, but shall not work on the premises.
(2)
The use of the dwelling unit and/or its attached garage for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants.
(3)
A home occupation may be conducted in a dwelling unit and/or its attached garage, subject to the following floor area limitations:
(a)
Not more than 25% of the gross floor area of any one floor of the dwelling unit (including the basement or cellar) shall be used in the conduct of the home occupation.
(b)
The total floor area used in the conduct of the home occupation (within the dwelling unit and/or attached garage) shall be no more than 25% of the gross floor area of the dwelling unit (including the basement or cellar).
(4)
There shall be no change in the outside appearance of the building or premises or other visible evidence of conduct of such home occupation that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling unit, except that signs in compliance with Article VII of this chapter may be permitted.
(5)
No home occupation shall be conducted in any accessory building nor shall there be any exterior storage of any materials on the premises.
(6)
No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and not located in any required yard except as herein provided.
(7)
No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
(8)
A maximum of one on-site vehicle and one trailer bearing business insignia or used in conjunction with the home occupation may be stored outdoors, and visible from rights-of-way and neighboring properties. Any additional on-site vehicle(s) or trailer(s) bearing business insignia or used in conjunction with the home occupation shall be stored indoors or shall not be visible from the rights-of-way and neighboring properties.
(9)
The home occupation shall not include the conduct of retail, wholesale, or personal/professional service business on the premises, except for the sale of products or services produced by the home occupation.
(10)
Deliveries to or shipments from the property of products, materials, equipment, or machinery used in conjunction with a home occupation shall not exceed five per week.
§ 395-34 Industrial uses.
A.
Nonmetallic mining.
(1)
Purpose. These supplemental regulations are intended to assure that nonmetallic mining operations are properly controlled, while providing the maximum degree of flexibility in dealing with mineral deposits whose locations are not precisely known, and are in addition to any requirements contained in the Manitowoc County Nonmetallic Mining Operations Ordinance.
(2)
Aerial Photograph and Map. An application for a nonmetallic mining conditional use permit must include an aerial photograph and map that provides the following information:
(a)
The boundaries of the affected parcel and any adjacent parcel and the location and name of all pipelines, railroads, roads, streams, utilities, and wetlands on the affected parcel and any adjacent parcel.
(b)
The name of the owner of each adjacent parcel and the location of all structures within 1,000 feet of the outer perimeter of the area, the purpose for which the structure is used, and the names of each structure's occupants.
(c)
The proposed location, extent, and depth of the intended sand, gravel, and rock excavation, showing the setback distances.
(d)
The proposed location of any ponds, sediment basins, stockpiles, and waste dumps, showing the setback distances.
(e)
The surface drainage of the affected land and the estimated depth to groundwater.
(3)
Operational Information. An application for a nonmetallic mining conditional use permit must include the following operation information:
(a)
The duration of any applicable lease.
(b)
The estimated date that operations will commence and terminate.
(c)
The anticipated hours of operation.
(d)
The proposed primary travel routes to transport material to and from the property.
(e)
A description of the excavation and processing equipment to be used.
(f)
A description of measures to be taken to screen the operation from view from any residence on an adjacent parcel.
(g)
A description of measures to be taken to control dust, noise and vibrations from the operation.
(4)
Operations.
(a)
All blasting must be done by a state licensed and certified blaster, who must have a certificate of liability or proof of liability insurance.
(b)
All excavation equipment must be constructed, maintained, and operated in such a manner as to eliminate, as far as practicable, any dust, noise, or vibration that might adversely affect or injure any person living in the vicinity of the operation.
(c)
Any excavation access road must have and be maintained with a dustless surface, and a stop sign must be placed where the access road intersects a public road.
(d)
Any part of an excavation in which water collects to a depth of two feet or greater for 30 consecutive days or more must be drained or filled so as to prevent such a collection of water.
(e)
Operations must be conducted in such a manner that any water runoff from operation does not adversely affect any adjacent parcel.
(f)
All equipment and temporary structures, such as an asphalt plant, conveyor, or screener, must be removed from the parcel within 90 days of the termination of extraction operations.
(g)
All rubble and other debris must be removed from the parcel within 90 days of the termination of extraction operations.
(5)
Setback requirements.
(a)
The excavation must be set back at least 1,000 feet from any existing residence unless the Village Board determines that it is in the public interest to permit an excavation at a distance that is less than 1,000 feet from an existing residence.
(b)
The excavation must be set back at least 200 feet from all right-of-way lines.
(c)
The excavation must be set back at least 100 feet from any lot line, except that the Village Board may set a smaller setback or waive the setback requirement if the adjacent parcel is or will be excavated.
(6)
Options.
(a)
The Village Board may require fencing if warranted by existing conditions.
(b)
The Village Board may restrict the hours of operation if warranted by existing conditions.
(c)
The Village Board may require the testing of wells adjacent to the proposed operation for turbidity, water levels, or other factors after the conditional use permit is granted.
B.
Solid waste facilities and salvage yards.
(1)
Any solid waste facility or salvage yard shall be located so that it does not prevent or interfere with the proper development of the surrounding area.
(2)
Screening. Any solid waste facility or salvage yard shall be adequately fenced or otherwise screened year-round with a dense shrub growth from public right-of-ways and neighboring properties to prevent unsightliness and the blowing of materials off of the premises. The fence or vegetative screen shall be a minimum of eight feet in height and shall be properly maintained to satisfy the obscuring objective.
(3)
Setbacks. The minimum front, side and rear yard setback for any solid waste facility or salvage yard is 50 feet.
(4)
The Village Board shall take into consideration the temporary nature of solid waste facility operations and the public necessity for waste disposal in considering the application for a conditional use permit for a solid waste facility operation.
(5)
Solid waste facilities shall comply with solid waste disposal standards and polluting control requirements of the State of Wisconsin.
(6)
Sureties. In order to cover the cost of road maintenance and repair, the Village Board may require that a bond, letter of credit, or other financial guarantee satisfactory to the Village Board be submitted by the owner or operator. The amount and form of financial surety/guarantee shall be specified by the Village Board and shall be used to cover the cost of repairing roads which deteriorate due to traffic generated by the facility.
§ 395-35 Miscellaneous uses.
A.
Airports and private airstrips/landing fields.
(1)
A tract of land used for an airport or private airstrip/landing field shall be of sufficient size and adequate in all other respects to provide for the safe operation of the facility, to prevent hazards to surrounding property, and to meet the standards of the Federal Aviation Administration for the class of airport or private airstrip/landing field proposed.
(2)
An airport or landing strip may not interfere with the development of any thoroughfare in the area.
B.
Utility installations.
(1)
No building/zoning permit shall be required for any installation that is at or below grade elevation, nor for electrical poles, towers and wires.
(2)
Structures which are four feet or less above grade elevation are not required to meet yard/setback requirements.
(3)
Electrical substations and water storage facilities shall be enclosed by a fence or wall at least eight feet in height.