New Glarus City Zoning Code
ARTICLE IV
Conditional Uses
§ 305-25 Purpose.
The development and execution of this article is based upon the division of the Village of New Glarus 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.
§ 305-26 Authority of Plan Commission; general requirements.
[Amended 3-3-2020 by Ord. No. 20-03]
A.
The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit after review and public hearing, provided that such conditional use meets the standards in § 305-31.
B.
Any proposed conditional use within 500 feet of a state or federal highway shall be submitted to the Wisconsin Department of Transportation by the Village Clerk-Treasurer at or before the date that notice of the public hearing is provided under § 305-31, requesting any comments by the public hearing date.
C.
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.
§ 305-27 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 in the zoning district in which such land is located.
§ 305-28 Application for conditional use.
A.
Required application materials. An application for a conditional use permit shall be filed on a form prescribed by the Village. Each such application shall be forwarded to the Plan Commission by the Zoning Administrator in advance of its consideration of the conditional use permit. Each such application shall include:
[Amended 12-15-2009 by Ord. No. 09-12; 3-3-2020 by Ord. No. 20-03]
(1)
A statement, in writing, by the applicant describing the proposed conditional use and substantial evidence, as defined in § 305-31B, showing that the proposed conditional use shall conform to the standards set forth in § 305-31 hereinafter.
(2)
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet or 600 feet for properties within the Extraterritorial Zoning District.
(3)
Description of the subject site by lot, block , and recorded subdivision, CSM, plat of survey, 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.
(4)
Plat of survey prepared by a professional land surveyor showing all of the information required for a building permit and existing and proposed landscaping.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(5)
Fee receipt in the amount as set by the Village Board.
B.
Plans. In order to secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:
(1)
A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover.
(2)
Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, and lighting.
(3)
Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations.
(4)
Specifications for areas of proposed filling, grading, lagooning or dredging.
(5)
Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
§ 305-29 Hearing on application.
All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village 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 § 305-28 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Plan 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.
§ 305-30 Notice of hearing.
[Amended 12-15-2009 by Ord. No. 09-12]
A.
For properties located in the Village, notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under the Wisconsin Statutes in the official Village 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 Village Board and Plan Commission and the owners of record, as listed in the office of the Village 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 five days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
B.
For properties located in the Village’s Extraterritorial Zoning District, notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under the Wisconsin Statutes in the official Village 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 Village Board and Plan Commission, the Town of New Glarus and the owners of record, as listed in the office of the Village Assessor, who are owners of property in whole or in part situated within 600 feet of the boundaries of the properties affected, said notice to be sent at least five days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.
§ 305-31 Standards for conditional uses.
[Amended 3-3-2020 by Ord. No. 20-03]
A.
Effect of applicant agreement. If the applicant meets, or agrees to meet, all of the applicable requirements specified in this chapter and conditions imposed by the Village Board, the Board shall under § 62.23(7)(de)2a, Wis. Stats., grant the conditional use permit. The Board may require written agreement from the applicant in a form prescribed by the Village Attorney.
B.
Substantial evidence required. Per § 62.23(7)(de)1b, Wis. Stats., any decision to grant or deny the permit must be supported by facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions the applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of such a conclusion.
C.
Review criteria. To the extent consistent with Subsections A and B, no conditional use permit shall be approved by the Plan Commission or by the Village Board upon appeal unless the associated body first finds that all of the following criteria are met:
(1)
The conditional use will be consistent with the Comprehensive Plan.
(2)
The conditional use shall conform to the purpose and all regulations applicable within the district in which the use is proposed to be located.
(3)
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.
(4)
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.
(5)
The use, building(s), and other proposed improvements will be compatible with land uses, land use intensities, land use impacts, buildings, and other improvements on neighboring land.
(6)
The conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(7)
Adequate utilities, access streets, stormwater management, and other necessary improvements serving the site and use have been or are being provided.
(8)
Adequate measures have been or will be taken to minimize traffic congestion and excess parking in the public streets, and adverse traffic and parking impacts on adjoining or nearby properties.
§ 305-32 Denial of application.
When a decision of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Plan Commission has used in determining that each standard was not met.
§ 305-33 Appeals.
A.
Any action of the Plan Commission in granting or denying a conditional use permit may be appealed to the Village Board if a written request for an appeal is filed within 10 days after the date of the Plan Commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20% of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land.
B.
The request shall be filed with the Zoning Administrator, who shall submit it to the Village Board at its next meeting, together with any documents and other data used by the Plan Commission in reaching its decision. The Village Board may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon.
C.
In the event the Village Board elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least 10 days before the date of the hearing.
D.
The Village Board may either affirm or reverse in whole or in part the action of the Plan Commission and may finally grant or deny the application for a conditional use permit.
E.
The applicant of a denied conditional use permit application may appeal such denial to the Circuit Court in accordance with § 62.23(7)(de)5, Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
§ 305-34 Conditions and guarantees.
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Village Board on appeal, 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 § 305-31 above. In all cases in which conditional uses are granted, the Village Board 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 decision, 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 Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Plan Commission 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 which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which 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.
F.
Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter, such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.
§ 305-35 Term of permit.
[Amended 3-3-2020 by Ord. No. 20-03]
A.
Duration of conditional use permit. Each conditional use shall run with the land and in perpetuity, and all requirements of the approved conditional use permit shall be continued regardless of ownership or operation of the land or use, except where:
(1)
The Plan Commission, or Village Board upon appeal, grants a conditional use permit subject to a transfer limitation, time limit, or both; and/or
(2)
The conditional use permit is revoked per this section or § 305-36.
B.
Automatic revocation.
(1)
Where the Plan Commission, or Village Board upon appeal, has granted a conditional use permit, such permit shall become null and void and automatically revoked under one of more of the following circumstances:
(a)
Within 24 months of the date of the final Village approval, unless the approved conditional use is established and operational in that period.
(b)
When, once established and operational, the conditional use has been discontinued for a period exceeding 12 consecutive months.
(2)
The Plan Commission may extend such permit for a period of 90 days for justifiable cause, if application by the grantee of the conditional use permit is made to the Village.
C.
Revocation with cause. Aside from automatic revocation under Subsection B, any conditional use permit may be modified or revoked per § 305-36.
§ 305-36 Complaints.
A.
The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the 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.
B.
Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 305-31 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 § 305-30 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.
C.
The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 305-31 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and Chapter 1, General Provisions, § 1-5.
D.
In the event that no reasonable modification of such conditional use can be made in order to assure that § 305-31C(1) and (2) will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use.
E.
Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
F.
An appeal from a decision of the Plan Commission under this section may be taken to the Village Board.
§ 305-37 Specific conditional uses.
[Amended 3-3-2020 by Ord. No. 20-03; 7-2-2024 by Ord. No. 24-04]
The following sections within Article IV have requirements for particular conditional uses. Other sections of this chapter, including but not limited to § 305-106, may have other requirements for other conditional uses.
§ 305-38 Campgrounds and recreational vehicle parks.
[Amended 7-1-2003 by Ord. No. 03-04; 11-15-2006 by Ord. No. 06-10]
A.
Definition. A campground or recreational vehicle park is any premises established for nonpermanent overnight habitation by persons paying a fee and using equipment designed for the purpose of camping, including travel trailers, recreational vehicles (RVs), pickup trucks, motor homes, camping trailers, tents, and similar camping units as defined in Ch. ATCP 79, Campgrounds, Wis. Adm. Code. Such facilities must have four or more camping units. Camping sites within campgrounds are rented for overnight use, possibly extending to a week or two by the same patron. Lack of a rental fee does not exempt a campground from complying with Ch. ATCP 79, Wis. Adm. Code. A camping resort is similar to a private campground, except that allowed camping units remain on the premises for up to a season at a time, next to which unattached structures as allowed by Ch. ATCP 79, Wis. Adm. Code, may be placed, and utilities are provided to each individual camp site.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Campgrounds and/or recreational vehicle (RV) parks may be allowed as a conditional use in the C-1 Commercial District, A-P District, A-PL District, and A-B District, following approval under this article.
C.
In addition to the information required by § 305-28 and § 305-31, the application for a conditional use permit shall include the following information:
(1)
A written description of the proposed operation, including proposed months of operation; desired types of camping units; other ancillary uses proposed for the site; and assurances that the site will be developed and operated in accordance with all approved plans.
(2)
A campground/camping resort plan map(s), drawn to scale, and including the proposed campground layout; location of campsites, roads, parking areas, site boundaries; indication of use of tents and camping trailers or RVs, pickup coaches and self-contained recreation units, and travel trailers; topography lines; required setbacks; existing and proposed buildings and other structures; water supplies; sanitary waste disposal system; grading plan and stormwater management system; covered refuse storage areas; existing natural features including waterways, wetlands, floodplains, and shoreland areas; existing and proposed vegetation and recreation areas, and any other information the Zoning Administrator shall deem necessary. Professional engineering assistance is encouraged in such design, especially of access roadways, camping unit siting, site grading and stormwater management, and utility placement.
D.
Shall meet Ch. ATCP 79, Wis. Adm. Code, requirements, enforced by the State Department of Agriculture, Trade and Consumer Protection or its designated agent. If a waiver or variance to one or more of these requirements is granted by the state, such waiver or variance shall be deemed valid for local zoning purposes, except for those items specifically listed in this subsection.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
E.
Shall have direct access to a public road, with no more than two camp road access points to each abutting public road for the first 100 camp sites, plus one additional access for each 100 sites thereafter.
F.
Camping sites and access roads shall be located, graded, and maintained so as to provide each site with positive site drainage and be free from flooding and control dust.
G.
Minimum lot size is 10 acres for private campgrounds, 20 acres for camping resorts, and a proportional average of the two for combination campground/camping resorts. (Example: 50% camping unit sites in campground and 50% camping unit sites in camping resort equals fifteen-acre minimum.)
H.
Maximum density shall be eight individual campsites per acre for campgrounds and five individual campsites per acre for camping resorts, and a proportional average of the two for combination campground/camping resorts, except in accordance with Subsection L below. No more than 10% of the site used in the calculation of maximum density shall include floodplains or wetlands.
I.
Each individual campsite shall have sufficient area for one camping unit on that site, with at least 15 feet of setback to the camping unit from the site access roadway, and 10 feet to any side or rear camp site “lot” line. In the absence of readily definable lot lines, a minimum ten-foot setback shall be maintained from the nearest part of the camping unit or structure to any adjacent camping unit or structure. Individual campsites within private campgrounds shall have at least 30 feet of width and 40 feet of depth. Individual campsites within private resorts shall have at least 40 feet of width and 50 feet of depth.
J.
No recreational unit shall be allowed to remain in the campground or RV park for more than 30 days in one year, except that a single recreation unit occupied by a resident manager may be parked for a period of up to six months in one year.
K.
The permit holder shall keep records of individuals using the campground or recreational vehicle park, and the records shall be made available at any time to the Zoning Administrator to monitor compliance with the conditions of the permit.
L.
A separate area may be designated in a campground for group camping in tents. However, such group camping shall not exceed two weeks in any one time period by the same persons and no more than 20 tents containing no more than 80 persons per acre shall be permitted. In addition, the group camping area must be provided with proper sanitary service as required by Ch. ATCP 79, Wis. Adm. Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
M.
A campground may have one dwelling and accessory residential buildings for the home occupant's private use, provided the occupants are owners or caretakers of the campground.
N.
A campground may also provide for purchases of sundry supplies, cooked meals, and drinks including alcohol beverages, if so licensed by the local town and included in the conditional use permit approval.
O.
Each camping unit, principal and accessory building, and vehicle parking area shall meet the minimum shoreland setback associated with any navigable waterway under the Green County Zoning, Sanitation and Subdivision Ordinance.
P.
Shall provide a landscaped buffer yard (see § 305-117) along all exterior lot lines and public roads adjacent to the campground.
Q.
Shall provide at least 200 square feet per camping unit or one continuous acre of common recreation open space, whichever is greater. Perimeter setbacks and landscaped buffer yards may not be counted towards meeting this requirement.
R.
Shall provide and maintain those common health and safety facilities required in Ch. ATCP 79, Wis. Adm. Code, such as safe drinking water supply, sewage disposal station, toilets and washroom facilities. Provision of electric, water, and sewerage utility hookups are optional to campground sites, but mandatory to camping resort sites. Sewage disposal shall be only by licensed waste haulers.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
S.
Each campsite shall be clearly numbered on a sign at each site and on a map available to all patrons. Campsite numbering shall be consistent with the placement shown on the campground/camping resort plan map.
T.
A camping unit may not be placed or attached to a permanent foundation or a permanent structure at the campsite, except that attachment to an approved sewage disposal system or to an approved water supply system is permitted.
U.
Following initial conditional use permit approval, and for all grandfathered private campgrounds or camping resorts, any proposed amendment to the approved campground plan shall be handled per the provisions of § 305-34, a conditional use permit amendment shall be required and the regulations of this subsection shall be met.
V.
Structures shall not be attached to the camping unit. All roofs or covers over a camping unit shall be supported by posts, shall include no side walls, and shall not be attached to the camping unit. Existing roofs shall be considered nonconforming structures subject to Article V.
W.
Prior to the placement or construction of any structure on a site, a permit and site plan showing the proposed structure(s) and all applicable setbacks must be approved by the campground/camping resort owner or a designated agent. The campground/camping resort owner may internally regulate the type and size of structures permitted, provided that such structures do not violate Ch. ATCP 79, Wis. Adm. Code, or Chapter 305, Zoning, of the Code of the Village of New Glarus, as is applicable within the Village or the extraterritorial zoning area. The campground/camping resort owner shall be responsible for providing an inventory of all permits issued within the campground in the previous 12 months to the Zoning Administrator on or before November 1 of each year. The owner shall also be responsible for abating any violations of this chapter and shall be subject to penalties as outlined in § 305-95 in the event of noncompliance.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
X.
Campgrounds shall be maintained under a single ownership so that responsibility can be easily placed for cleaning of common facilities such as water supply, sewage disposal station, toilet, laundry, and washrooms, and refuse areas, and for enforcement of campsite cleanliness.
Y.
Camping resorts, where public utilities serve each site, may be under a modified form of single ownership involving exclusive use of specific sites via corporate membership clubs, cooperatives, or condominium associations, provided the ownership form and covenants are first approved by the county with the conditional use permit application to assure that maintenance responsibilities for common facilities such as private roads, resort parks, sanitary facilities, and any resort buildings are adequately provided for in the form of ownership and in the proposed fees and organizational responsibility.
Z.
The owner of the recreational unit occupied by the resident manager shall be responsible for payment of permit fees established by the local government with jurisdiction.
§ 305-38.1 Mineral extraction operations.
[Added 11-15-2006 by Ord. No. 06-10]
A.
Purpose. The purpose and intent of this section is to provide a centralized listing of the procedures and standards of operation for mineral extraction operations where they are approved as conditional uses. Mineral extraction operations include but are not limited to land uses involving the removal of soil, clay, sand, gravel, rock, nonmetallic minerals, peat, or other related material. Such operations may also include on-site processing of extraction material if part of the application and conditional use permit approval. Such operations shall not include relocation of materials required for domestic use on the same lot or a contiguous lot under the same ownership, approved on-site development grading, excavations within public road rights-of-way or easements, agricultural grading, or any soil removal activities on a hazardous waste site.
B.
Application: The application for the conditional use permit necessary to conduct a mineral extraction operation shall meet the standards described in §§ 305-28 and 305-31. In addition to the information required by §§ 305-28 and 305-31, the application shall also include the following:
(1)
A written description of the proposed operation, including the types and quantities of the materials that would be extracted; proposed dates to begin extraction, end extraction, and complete reclamation; geologic composition and depth and thickness of the mineral deposit; existing use of the land and proposed use after reclamation; existing natural and archaeological features on and adjacent to the site; where extracted materials would be hauled and over what roads; types, quantities, and frequency of use of equipment to extract, process, and haul; whether and how frequently blasting, drilling, mining, crushing, screening, washing, refueling, fuel storage, asphalt batching, or concrete mixing would be performed on site; description and elevations of all temporary or permanent structures; proposed hours and days of operation; any special measures that will be used for spill prevention and control, dust control, or environmental protection; and assurances that the site will be developed, operated, and reclaimed in accordance with all approved plans and all county, state, and federal regulations, including a listing of all applicable regulations.
(2)
A site/operations plan map, drawn to scale by a qualified professional, and including site boundaries; existing contour lines; existing roads, driveways, and utilities; existing natural features including lakes, streams, floodplains, wetlands, and shoreland areas; all residences and private and municipal wells within 1,000 feet; location of the proposed extraction, staging areas, fueling, fuel storage, and equipment storage areas; proposed location and surfacing of roads, driveways, and site access points; proposed phasing plan, if any; proposed fencing of property and gating of access points; proposed locations of stockpiles; proposed location and types of screening berms and landscaping; and proposed temporary and permanent structures, including scales and offices.
(3)
An erosion control plan, drawn to scale by a professional engineer, meeting all applicable local, state and county requirements.
(4)
A reclamation plan prepared in accordance Ch. NR 135, Wis. Adm. Code., and meeting the following specifications:
(a)
Topsoil from the site shall be preserved and used in reclamation.
(b)
Final slopes shall not be graded more than 3:1 except in a quarry operation.
(c)
The area shall be covered with topsoil and seeded to prevent erosion.
(d)
The area shall be cleared of all debris and left in a workmanlike condition subject to the approval of the Zoning Administrator.
C.
Performance standards. The mineral extraction operation shall, at a minimum, meet the following performance standards.
(1)
Shall comply with all applicable local, county, state and federal regulations.
(2)
The Joint Committee or other approval authority may require a landscaped buffer yard, per the standards in § 305-117C.
(3)
The nearest edge of all buildings, structures, and surface activity areas, including pit edges, shall be located a minimum of 200 feet from all dwellings on adjacent properties, and no less than 100 feet from any lot line.
(4)
To prevent tracking of mud onto public roads, access driveways shall be paved within 100 feet of public roads, unless the adjacent road is unpaved.
(5)
Access to the site shall only be through points designated as entrances on the site/operations plan; such access points shall be secured when the site is not in operation.
(6)
Provisions for the upgrade, repair, and maintenance of Village, town and county roads shall depend on the intensity of the operation and the existing condition and capacity of such roads. A bond or other performance guarantee for such work may be required, provided that a clear relationship is established between the operation and the need for road upgrades, repair, and maintenance. If any Village, town or county road is damaged or destroyed as a result of owner's operations, the owner shall restore or pay for the restoration of the same to an acceptable condition and value. The owner shall have the right to show and bear the burden of proof in showing that the indicated damage was not the result of its operations.
(7)
Spraying of the site and driveways shall be conducted to control dust.
(8)
On-site bulk fuel storage areas and appropriate places for fueling of equipment (e.g., above the water table) shall be located to minimize the potential for groundwater contamination and in accordance with Ch. ATCP 94, Petroleum and other Liquid Fuel Products, Wis. Adm. Code, and other chapters of the Wisconsin Administrative Code and provisions of Wisconsin Statutes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(9)
Hours or days of operation may be limited if the extraction site is close to residential properties.
(10)
Expectations for any blasting, drilling, screening, and asphalt batching shall be clearly understood, and separate acceptable hours for these activities may be established. Blasting is also regulated under § 101.15(2)(e), Wis. Stats., and Ch. SPS 308, Wis. Adm. Code. The conditional use permit may specifically restrict such activities from occurring if the conditional use permit standards cannot be met.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(11)
If blasting or drilling is requested, additional standards or conditions may be applied with relation to frequency, noise and vibration levels, notice to neighbors, preinspection of neighboring basements and wells, and claims procedures in accordance with ILHR 10 and other chapters of the Wisconsin Administrative Code.
(12)
Unless the extraction site is inaccessible, the area of extraction shall be completely enclosed by a safety fence or maintained at a slope not to exceed 3:1.
(13)
The applicant shall furnish a certificate of insurance before operations commence.
(14)
Approval shall be subject to amendment or revocation if noncompliance with approved plans, this section, or approval conditions is identified.
(15)
Approval shall be subject to periodic review of the operation to ensure compliance with the conditional use permit, and to specific limitations over the portion of the lot or parcel where extraction may occur.
§ 305-38.2 Telecommunications facilities.
[Added 11-15-2006 by Ord. No. 06-10; amended 3-3-2020 by Ord. No. 20-03]
A.
Purpose. The purpose of this section is to provide a thorough and consistent set of standards for the siting and installation of wireless telecommunications facilities. The intent of these standards is to:
(1)
Protect the public health, safety, welfare, aesthetics and natural environment of the community in such a manner that does not unduly interfere with the placement and construction of said facilities.
(2)
Mitigate the potential for adverse visual impacts caused by wireless telecommunications facilities through design and siting standards.
(3)
Ensure that a business environment characterized by high service quality, competition and nondiscrimination prevails with regard to wireless telecommunications services in the Village in a manner consistent with state and federal law.
(4)
Establish a clear process for obtaining necessary permits for wireless telecommunications facilities that adequately protects the interests of the citizens of the community while minimizing the burden of compliance to service providers.
(5)
Protect environmentally and aesthetically sensitive areas of the Village by promoting their disguise, camouflage, screening or other design treatments intended to minimize obtrusiveness.
(6)
Encourage the use of preexisting and/or multiple-use/multiple-antenna support structures, such as buildings and water towers, as an alternative to stand-alone, single-use, single-provider structures, and require good-faith attempts to seek and allow collocation of facilities.
B.
Applicability. Wireless telecommunications facilities installed or legally permitted prior to November 15, 2006, shall not be required to meet the requirements contained herein. This section is intended to regulate communications towers and other telecommunications facilities, but not residential satellite dishes that are 36 inches or less in diameter, residential television antennas, amateur radio facilities, or signal-receiving antennas under § 305-60. This section shall not be construed as to override any additional, or more stringent, federal or State of Wisconsin requirements that may apply. These include, but are not limited to, any regulations or restrictions imposed by the State Bureau of Aeronautics, the Federal Communications Commission (FCC), or the Federal Aviation Administration (FAA).
C.
Submittal information. Each application for conditional use permit, site plan approval, and/or building permit for an applicable telecommunications facility shall include the following information:
(1)
The name and business address of, and the contact individual for, the applicant.
(2)
The geographic location of the proposed or telecommunications facility.
(3)
The placement of the proposed equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and associated equipment.
(4)
If the application is for a substantial modification to an existing telecommunications facility or support structure, a construction plan which describes the proposed modifications to the facility or support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment associated with the proposed modifications. "Substantial modification" means the modification, including the mounting of an antenna on an existing structure, that does any of the following:
(a)
For structures with an overall height of 200 feet or less, increases the overall height of the structure by more than 20 feet.
(b)
For structures with an overall height of more than 200 feet, increases the overall height of the structure by 10% or more.
(c)
Measured at the level of the appurtenance added to the structure as a result of the modification, increases the width of the support structure by 20 feet or more, unless a larger area is necessary for collocation.
(d)
Increases the square footage of an existing equipment compound to a total area of more than 2,500 square feet.
(5)
If the application is to construct a new communications tower, a construction plan which describes the proposed mobile service support structure and the equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment to be placed on or around the new mobile service support structure.
(6)
If an application is to construct a new communications tower, an explanation as to why the applicant chose the proposed location and why the applicant did not choose collocation, including a sworn statement from an individual who has responsibility over the placement of the mobile service support structure attesting that collocation within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider.
(7)
Evidence and information to indicate compliance or intent to obtain compliance with other applicable provisions of this section and chapter.
D.
Regulations.
(1)
Each telecommunications facility and modification thereto shall be erected and installed in accordance with the state electrical code adopted by reference in the National Electrical Safety Code, Federal Communications Commission and the instructions of the manufacturer. In cases of conflict, the stricter requirements shall govern.
(2)
If an application is to construct a new communications tower, the Village may consult with a third party to verify that collocation on an existing communication tower or other support structure within the applicant's search ring would not result in the same mobile service functionality, coverage, and capacity; is technically infeasible; or is economically burdensome to the mobile service provider. All costs and expenses associated with such consultation shall be borne by the applicant, except for travel expenses. Failure to pay such costs and expenses or provide related information to the third party consultant shall be grounds for denial of the conditional use permit.
(3)
Each communication tower shall be placed or constructed so it can be utilized for the collocation of additional antenna arrays to the extent technologically and economically feasible. The Village shall, unless it is shown to be unreasonable, condition the granting of each conditional use permit upon the applicant placing or constructing the communication tower to accommodate the collocation of two additional antenna arrays similar in size and function to that placed on the tower by the applicant. Collocation sites need not be available on the tower as initially placed or constructed, provided that the tower will support the later addition of the required number of collocation sites. The holder of each permit shall make the collocation sites required hereunder available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the permit holder to recoup the cost of providing the collocation sites and a fair return on investment.
(4)
Each telecommunications facility and associated equipment shall, to the extent determined possible by the Zoning Administrator, match the color of existing facilities and be installed in a fashion to lessen the visual impacts of such installation. Accessory buildings, if required, shall be constructed to be compatible with the surrounding or adjacent buildings by virtue of their design, materials, textures, and colors.
(5)
In conjunction with the installation of new communication towers and ground-mounted buildings or equipment totaling 300 square feet or greater, the applicant shall provide a buffer yard meeting the requirements of § 305-135C(4) along all property borders abutting residentially zoned property. Other landscaping requirements of Article XVII shall also apply.
(6)
A new or amended conditional use permit and site plan shall be required for a substantial modification to an existing communication tower or other support structure. Neither a conditional use permit nor site plan approval shall be required for any modification including collocation that is not defined as a "substantial modification," but a building permit shall be required.
(7)
Prior to the issuance of a building permit for a telecommunications facility under this section, the applicant shall provide a written agreement stating that if the communications tower, antennas, or transmitters are unused for a period exceeding 12 months, the applicant shall remove the tower, antennas, or transmitters upon written request from the Zoning Administrator at no cost to the Village within 60 days of such request. If such listed items are not removed within 60 days of such notification, the Village may remove the items at the expense of the holder of the conditional use permit. Within 30 days of the date on which the tower use ceases, the permit holder shall provide the Village with written notice of the cessation of use. A performance bond or deposit of $20,000 shall be required to ensure compliance with all applicable requirements for removal of the facility and all associated equipment.
(8)
The owner of any communications tower shall maintain insurance against liability for personal injury, death, or property damage caused by the use, maintenance, operation and/or failure of the communications tower and accessory structures with a single combined limit of not less than $1,000,000 per occurrence. The policy shall contain a provision that it may not be canceled or materially modified without the approval of the Village. The owner shall provide the Village with a certificate of such insurance before issuance of a building permit and upon each policy renewal thereafter.
(9)
Upon written inquiry from the Village, the recipient of a conditional use permit under this subsection shall have the burden of presenting credible evidence establishing the continued compliance with the approved plans and all conditions placed upon the conditional use permit. Failure to establish compliance with the approved plans and all conditions placed upon the conditional use permit shall be grounds for revocation of the permit. If the Village determines that it is necessary to consult with a third party to ascertain compliance with conditions on a conditional use permit, all costs and expenses associated with such consultation shall be borne by the holder of the subject conditional use permit, except for travel expenses. Failure to pay such costs and expenses or provide information requested by the Village shall be grounds for revocation of the conditional use permit.
(10)
Upon written inquiry from the Village, any owner or operator of a communications tower shall provide information on the tower, including but not limited to available sites on the tower for potential collocators, evidence that such collocation sites are in fact available for the placement of technologically compatible antenna arrays and equipment upon contractual provisions that are standard in the industry and at prevailing market rates allowing the tower owner to recoup the cost of providing the collocation sites and a fair return on investment; contact information for future collocation inquiries that the Village may receive; and number and placement of antenna arrays and ground-mounted equipment, type of service provided (e.g., LTE), contact information, and expiration dates of user agreements or leases associated with all current users of the tower.
(11)
In its evaluation of any permit or plan approval for a communications tower, the limitations under the applicable §§ 66.0404(4) and 66.0406(2), Wis. Stats., shall apply.