Nekoosa City Zoning Code

§ 17.26

Conditional uses.

[Amended by Ord. No. 473; 7-10-2012 by Ord. No. 566; 3-9-2021 by Ord. No. 607]

Permit and statement of purpose. The Council may authorize the Zoning Administrator to issue a conditional use permit after review and a recommendation by the Plan Commission. No inherent right exists to receive a conditional use permit. This section provides for certain uses that, because of unique characteristics or potential impacts on adjacent land uses, are not permitted in zoning districts as a matter of right but which may be approved, provided that such conditional use and structures are in accordance with the purpose and intent of this chapter and conform to the following requirements:

The proposed conditional use can be appropriately accommodated on the specific property;

The proposed conditional use will conform to the adopted Comprehensive Plan;

The proposed conditional use can be constructed and operated in a manner that is compatible with the surrounding land uses and overall character of the neighborhood;

The proposed conditional use is not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the City; and

The proposed conditional use is consistent with the City's interest that the public interest, health, safety, and general welfare will be promoted.

Application. Applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms adopted by the Plan Commission and shall include a fee set by the City Council, and shall include the following:

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; the 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.

A plat of survey prepared by a registered land surveyor showing the lot dimensions and proposed location of buildings and, in addition, the mean and historic high-water lines on or within 40 feet of the subject premises, and existing and proposed landscaping. The requirements of this subsection may be waived by the Plan Commission, provided that sufficient identification and description of the property, which is acceptable to the Plan Commission, is submitted.

Additional information as may be required by the Plan Commission on a case-by-case basis based on the specific character of the proposed conditional use.

Initial review and approval. The Plan 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. The Plan Commission shall hold a hearing and thereafter shall recommend approval, denial or conditional approval to the Council. The Council shall accept, reject or modify the Plan Commission's recommendations. In considering whether to approve, deny or grant conditional approval of the application, the Plan Commission and City Council shall apply the following standards, which the applicant shall have the burden of meeting by providing substantial evidence thereof:

The proposed conditional use shall comply with all regulations of the applicable zoning district and any applicable regulations set forth in this chapter.

The proposed conditional use shall be compatible with the character of the neighborhood within the immediate area in which it is located. In making such a determination, consideration shall be given to the following factors:

The type and extent of landscaping and screening on the site.

Whether the extent, location and intensity of the proposed use furthers and does not conflict with the goals, objectives, and policies of any adopted comprehensive plan.

Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads.

The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.

The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood.

The proposed use shall not impede the orderly development and improvement of surrounding property for uses allowed in the zoning district.

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare.

The public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use.

The applicant shall have no outstanding tax liens, assessments or other outstanding unsatisfied obligations to the City or to any other public agency.

Conditions required by the Council. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Council upon its finding that these are necessary to fulfill the purpose and intent of this chapter. The conditions that the Council may consider include, but are not limited to, the following:

Financing and/or availability of adequate public facilities or services;

Appropriate licensing for the conditional use;

Insurance against loss and/or liability;

Dedication of land;

Reservation of land;

Creation of restrictive covenants or easements;

Special setbacks;

Yard requirements;

Increased screening or landscaping requirements;

Development phasing;

Standards pertaining to traffic, circulation, noise, lighting, emissions, hours of operation, and protection of environmentally sensitive areas;

Provision of stormwater management and erosion and sedimentation control;

Require that a performance guarantee, acceptable in form, content, and amount to the City Attorney, be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified; and/or

Require that a development agreement be entered into by the applicant.

Compliance with other chapter provisions. 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. Variances shall only be granted as provided in § 17.34(2)(b) of this chapter.

Compliance with Code of Ordinances. A grant by the Council of a conditional use permit does not exempt the permit holder from its obligation to comply with any other part of the City's Code of Ordinances, including, but not limited to, ordinances regarding public nuisances.

Review of existing conditional use permits.

Annual review. All conditional use permits shall be reviewed annually in order to ensure compliance with the conditions of the original permit.

Review for cause. Conditional use permits shall be subject to special review if any of the following circumstances apply:

The applicant is cited for a violation of the City Code of Ordinances by the Nekoosa Police Department.

The owner of the property to which the conditional use applies is cited for a violation of the City Code of Ordinances by the Nekoosa Police Department.

The Zoning Administrator deems a review necessary based on good faith concerns that are based on documented circumstances observed by the Zoning Administrator regarding the conditional use.

Review procedure.

The Zoning Administrator shall conduct an initial review and investigation of the conditional use prior to the Plan Commission's meeting and prepare a verbal and/or written recommendation.

The Plan Commission shall schedule a public meeting for the purpose of conducting a review of the conditional use. At such meeting, the Plan Commission shall receive the Zoning Administrator's report and determine whether to recommend action on the conditional use permit. If the Plan Commission recommends any such action, the Plan Commission shall forward such recommendation to the City Council for consideration at its next regular meeting. The Plan Commission may recommend any action consistent with this chapter, including, but not limited to, imposing additional conditions, requiring additional information from the applicant, and/or temporary suspension or termination of the conditional use permit.

Upon receipt of the Plan Commission's recommendation and consideration at its regular meeting, the City Council shall make a final determination as to the action to be taken regarding the conditional use, if any. All such determinations shall be by majority vote of the Council.

Public and semipublic uses. The following public and semipublic uses shall be conditional uses and may be permitted as specified:

Governmental and cultural uses such as fire and police stations, the City Hall, community centers, libraries, public emergency shelters, parks, playgrounds and museums in all residential and business districts.

Public, parochial and private elementary and secondary schools and churches in residential districts, 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.

Hospitals, sanitariums and religious and charitable institutions in the residential, business and agricultural districts.

Cemeteries and crematories in the A-1 Agricultural District, provided that all principal structures and uses are not less than 50 feet from any lot line.

Other public or semipublic uses consistent with this chapter.

Residential uses. The following residential uses shall be conditional uses and may be permitted in the R-1, R-2 and R-3 Residential Districts and business districts as specified:

Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R-2 and R-3 Residential Districts, provided that all principal structures and uses are not less than 25 feet from any lot line.

Rest homes, nursing homes, homes for the aged, clinics and children's nurseries in the R-2 and R-3 Residential Districts and the business districts, provided all principal structures and uses are not less than 50 feet from any lot line.

Low-impact professional businesses that operate during normal business hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, including, but not limited to, professional home offices, including chiropractic practitioners, doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professionals as brought before the Council. In no case shall there be greater than two professional occupations per site.

Industrial and agricultural uses. The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:

Animal hospitals in the Agricultural and Industrial Districts, provided the lot area is not less than three acres and all principal structures and uses are not less than 100 feet from a residential district.

Commercial service facilities such as restaurants and fuel stations in the Industrial District, provided all such services are physically and sales oriented toward Industrial District users, and employees and other users are only incidental customers.

Other agricultural and/or industrial uses consistent with this chapter.

Recreational uses.

Public. The following public recreational facilities shall be conditional uses and may be permitted as specified: archery ranges, camps, conservatories, driving ranges, golf courses, gymnasiums, skating rinks, sports fields, stadiums and swimming pools in residential districts or the A-1 District, provided that the lot area is not less than three acres and all structures are not less than 50 feet from any lot line, with the approval of the Council.

Commercial. Commercial recreation facilities such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, rifle ranges, skating rinks and theaters are conditional uses and may be permitted in the business districts.

Boat launching ramp, boat liveries and marinas. Marinas and boat liveries may be permitted in any district, provided that they are designed and constructed as to not interfere with adjacent riparian owners' uses of the water for swimming, fishing or boating, nor interfere with or obstruct the public's free navigation.

Camping areas. Camping areas may be permitted in the Agricultural and Conservancy Districts, provided that:

The minimum size of a camping area shall be five acres.

The maximum number of camping sites shall be 10 per acre.

Minimum dimensions of a camping site shall be 30 feet wide by 50 feet long.

Each camping site shall be separated from other camping sites by a yard not less than 15 feet wide.

There shall be 1 1/2 automobile parking spaces for each camping site.

There shall be a minimum setback for each camping site of 40 feet from all other exterior lot lines.

The Plan Commission shall specify that adequate waste disposal facilities be provided.

Termination of conditional uses. A conditional use shall terminate when any of following circumstances applies:

The conditional use previously granted no longer conforms with the conditions of the original grant as determined by a review conducted pursuant to Subsection (7) above.

The conditional use permit expires and is not timely renewed.

The property to which the conditional use permit applies changes ownership by any mechanism.

If the applicant is not the owner of the property to which the conditional use permit applies, the applicant is evicted or otherwise ceases to occupy the property.

Nekoosa City Zoning Code

§ 17.26

Conditional uses.

[Amended by Ord. No. 473; 7-10-2012 by Ord. No. 566; 3-9-2021 by Ord. No. 607]

Permit and statement of purpose. The Council may authorize the Zoning Administrator to issue a conditional use permit after review and a recommendation by the Plan Commission. No inherent right exists to receive a conditional use permit. This section provides for certain uses that, because of unique characteristics or potential impacts on adjacent land uses, are not permitted in zoning districts as a matter of right but which may be approved, provided that such conditional use and structures are in accordance with the purpose and intent of this chapter and conform to the following requirements:

The proposed conditional use can be appropriately accommodated on the specific property;

The proposed conditional use will conform to the adopted Comprehensive Plan;

The proposed conditional use can be constructed and operated in a manner that is compatible with the surrounding land uses and overall character of the neighborhood;

The proposed conditional use is not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the City; and

The proposed conditional use is consistent with the City's interest that the public interest, health, safety, and general welfare will be promoted.

Application. Applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms adopted by the Plan Commission and shall include a fee set by the City Council, and shall include the following:

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; the 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.

A plat of survey prepared by a registered land surveyor showing the lot dimensions and proposed location of buildings and, in addition, the mean and historic high-water lines on or within 40 feet of the subject premises, and existing and proposed landscaping. The requirements of this subsection may be waived by the Plan Commission, provided that sufficient identification and description of the property, which is acceptable to the Plan Commission, is submitted.

Additional information as may be required by the Plan Commission on a case-by-case basis based on the specific character of the proposed conditional use.

Initial review and approval. The Plan 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. The Plan Commission shall hold a hearing and thereafter shall recommend approval, denial or conditional approval to the Council. The Council shall accept, reject or modify the Plan Commission's recommendations. In considering whether to approve, deny or grant conditional approval of the application, the Plan Commission and City Council shall apply the following standards, which the applicant shall have the burden of meeting by providing substantial evidence thereof:

The proposed conditional use shall comply with all regulations of the applicable zoning district and any applicable regulations set forth in this chapter.

The proposed conditional use shall be compatible with the character of the neighborhood within the immediate area in which it is located. In making such a determination, consideration shall be given to the following factors:

The type and extent of landscaping and screening on the site.

Whether the extent, location and intensity of the proposed use furthers and does not conflict with the goals, objectives, and policies of any adopted comprehensive plan.

Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads.

The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke, or gas.

The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood.

The proposed use shall not impede the orderly development and improvement of surrounding property for uses allowed in the zoning district.

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare.

The public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use.

The applicant shall have no outstanding tax liens, assessments or other outstanding unsatisfied obligations to the City or to any other public agency.

Conditions required by the Council. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Council upon its finding that these are necessary to fulfill the purpose and intent of this chapter. The conditions that the Council may consider include, but are not limited to, the following:

Financing and/or availability of adequate public facilities or services;

Appropriate licensing for the conditional use;

Insurance against loss and/or liability;

Dedication of land;

Reservation of land;

Creation of restrictive covenants or easements;

Special setbacks;

Yard requirements;

Increased screening or landscaping requirements;

Development phasing;

Standards pertaining to traffic, circulation, noise, lighting, emissions, hours of operation, and protection of environmentally sensitive areas;

Provision of stormwater management and erosion and sedimentation control;

Require that a performance guarantee, acceptable in form, content, and amount to the City Attorney, be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified; and/or

Require that a development agreement be entered into by the applicant.

Compliance with other chapter provisions. 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. Variances shall only be granted as provided in § 17.34(2)(b) of this chapter.

Compliance with Code of Ordinances. A grant by the Council of a conditional use permit does not exempt the permit holder from its obligation to comply with any other part of the City's Code of Ordinances, including, but not limited to, ordinances regarding public nuisances.

Review of existing conditional use permits.

Annual review. All conditional use permits shall be reviewed annually in order to ensure compliance with the conditions of the original permit.

Review for cause. Conditional use permits shall be subject to special review if any of the following circumstances apply:

The applicant is cited for a violation of the City Code of Ordinances by the Nekoosa Police Department.

The owner of the property to which the conditional use applies is cited for a violation of the City Code of Ordinances by the Nekoosa Police Department.

The Zoning Administrator deems a review necessary based on good faith concerns that are based on documented circumstances observed by the Zoning Administrator regarding the conditional use.

Review procedure.

The Zoning Administrator shall conduct an initial review and investigation of the conditional use prior to the Plan Commission's meeting and prepare a verbal and/or written recommendation.

The Plan Commission shall schedule a public meeting for the purpose of conducting a review of the conditional use. At such meeting, the Plan Commission shall receive the Zoning Administrator's report and determine whether to recommend action on the conditional use permit. If the Plan Commission recommends any such action, the Plan Commission shall forward such recommendation to the City Council for consideration at its next regular meeting. The Plan Commission may recommend any action consistent with this chapter, including, but not limited to, imposing additional conditions, requiring additional information from the applicant, and/or temporary suspension or termination of the conditional use permit.

Upon receipt of the Plan Commission's recommendation and consideration at its regular meeting, the City Council shall make a final determination as to the action to be taken regarding the conditional use, if any. All such determinations shall be by majority vote of the Council.

Public and semipublic uses. The following public and semipublic uses shall be conditional uses and may be permitted as specified:

Governmental and cultural uses such as fire and police stations, the City Hall, community centers, libraries, public emergency shelters, parks, playgrounds and museums in all residential and business districts.

Public, parochial and private elementary and secondary schools and churches in residential districts, 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.

Hospitals, sanitariums and religious and charitable institutions in the residential, business and agricultural districts.

Cemeteries and crematories in the A-1 Agricultural District, provided that all principal structures and uses are not less than 50 feet from any lot line.

Other public or semipublic uses consistent with this chapter.

Residential uses. The following residential uses shall be conditional uses and may be permitted in the R-1, R-2 and R-3 Residential Districts and business districts as specified:

Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R-2 and R-3 Residential Districts, provided that all principal structures and uses are not less than 25 feet from any lot line.

Rest homes, nursing homes, homes for the aged, clinics and children's nurseries in the R-2 and R-3 Residential Districts and the business districts, provided all principal structures and uses are not less than 50 feet from any lot line.

Low-impact professional businesses that operate during normal business hours of 8:00 a.m. to 6:00 p.m., Monday through Friday, including, but not limited to, professional home offices, including chiropractic practitioners, doctors of medicine, practitioners, dentists, clergymen, architects, landscape architects, professional engineers, registered land surveyors, lawyers, artists, teachers, authors, musicians or other recognized professionals as brought before the Council. In no case shall there be greater than two professional occupations per site.

Industrial and agricultural uses. The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:

Animal hospitals in the Agricultural and Industrial Districts, provided the lot area is not less than three acres and all principal structures and uses are not less than 100 feet from a residential district.

Commercial service facilities such as restaurants and fuel stations in the Industrial District, provided all such services are physically and sales oriented toward Industrial District users, and employees and other users are only incidental customers.

Other agricultural and/or industrial uses consistent with this chapter.

Recreational uses.

Public. The following public recreational facilities shall be conditional uses and may be permitted as specified: archery ranges, camps, conservatories, driving ranges, golf courses, gymnasiums, skating rinks, sports fields, stadiums and swimming pools in residential districts or the A-1 District, provided that the lot area is not less than three acres and all structures are not less than 50 feet from any lot line, with the approval of the Council.

Commercial. Commercial recreation facilities such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, rifle ranges, skating rinks and theaters are conditional uses and may be permitted in the business districts.

Boat launching ramp, boat liveries and marinas. Marinas and boat liveries may be permitted in any district, provided that they are designed and constructed as to not interfere with adjacent riparian owners' uses of the water for swimming, fishing or boating, nor interfere with or obstruct the public's free navigation.

Camping areas. Camping areas may be permitted in the Agricultural and Conservancy Districts, provided that:

The minimum size of a camping area shall be five acres.

The maximum number of camping sites shall be 10 per acre.

Minimum dimensions of a camping site shall be 30 feet wide by 50 feet long.

Each camping site shall be separated from other camping sites by a yard not less than 15 feet wide.

There shall be 1 1/2 automobile parking spaces for each camping site.

There shall be a minimum setback for each camping site of 40 feet from all other exterior lot lines.

The Plan Commission shall specify that adequate waste disposal facilities be provided.

Termination of conditional uses. A conditional use shall terminate when any of following circumstances applies:

The conditional use previously granted no longer conforms with the conditions of the original grant as determined by a review conducted pursuant to Subsection (7) above.

The conditional use permit expires and is not timely renewed.

The property to which the conditional use permit applies changes ownership by any mechanism.

If the applicant is not the owner of the property to which the conditional use permit applies, the applicant is evicted or otherwise ceases to occupy the property.