Peshtigo Town City Zoning Code

ARTICLE V

CONDITIONAL USES

Sec. 60-97. Statement of purpose.

The development and execution of this article is based upon the division of the town 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, 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.

(Code 2006, § 13-1-60)

Effective on: 1/1/1901

Sec. 60-98. Authority of the town board; requirements.

The town board hereby authorizes the zoning administrator to issue a conditional use permit after review by the plan commission and town board and public hearing, provided that such conditional use and involved structure are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. Such town board action, and the resulting conditional use permit shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the town board shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The town board shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action. The state department of transportation is to include in their recommendations to the town board a plat of the project, a noise contour map and the projected start date for the proposed project especially where road class would change.

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the town board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

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.

(Code 2006, § 13-1-61)

Effective on: 1/1/1901

Sec. 60-99. Initiation of conditional use.

Any person having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought, may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.

(Code 2006, § 13-1-62)

Effective on: 1/1/1901

Sec. 60-100. Application for conditional use; plan commission review.

Application.

1.
All requests for conditional uses shall be applied for with the town clerk on a form prescribed by the town and payment of the required fee. The application shall be accompanied by an application fee as established by the town board and by a plan showing the location, size and shape of the lot involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 60-103 hereinafter. The applicant shall be responsible for providing to the town clerk the names, mailing addresses and parcel numbers of all property owners within 300 feet of the perimeter property line as it exists at the time of the application for conditional use. This requirement does not apply to the boundary of a leased parcel unless the leased parcel boundary is also a property line.
2.
Such application shall be reviewed by the plan commission and a written recommendation submittal thereon to the town board. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations; stockpiles; equipment storage; fences or screens; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this article.

Plan commission recommendation. For each application for a conditional use, the town plan commission shall report to the town board its findings and recommendations, including the stipulation of additional conditions and guarantees that such conditions will be complied with when they are deemed necessary for the protection of the public interest. The plan commission shall itemize, describe or justify, then have recorded and filed in writing in the office of the town clerk, the conditions imposed on the use.

(Code 2006, § 13-1-63)

Effective on: 1/1/1901

Sec. 60-101. Hearing on application.

The town board shall hold at least one public hearing on each application for a conditional use. 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 town board shall, by rule, prescribe from time to time.

(Code 2006, § 13-1-64)

Effective on: 1/1/1901

Sec. 60-102. Notice of hearing on application; determination.

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 notice under Wis. Stats. ch. 985, in a newspaper or by legal posting. Due written notices of the time, place and purpose of such public hearing shall also be sent by U.S. mail to the applicant and the owners of record who are owners of property in whole or in part situated within 300 feet of the perimeter of the properties affected as they exist at the time of the application, said notice to be sent at least seven days prior to the date of such public hearing.

(Code 2006, § 13-1-65)

Effective on: 1/1/1901

Sec. 60-103. Standards; review; application.

Standards. No application for a conditional use shall be recommended for approval by the plan commission or be granted by the town board unless it is determined that the following factors exist:

1.
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2.
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
3.
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4.
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
5.
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6.
That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
7.
That the proposed use does not violate floodplain regulations governed by the county.
8.
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff, approved by the appropriate jurisdictional authority.
9.
That such use will comply with the regulations and conditions specified in this article for such use.

Conditional use review criteria. A request for a conditional use shall be permitted to be approved, approved with conditions or denied. Each request for a conditional use approval shall be consistent with the criteria listed below:

1.
The request is consistent with all applicable provisions of the comprehensive plan.
2.
The request shall not adversely affect adjacent properties.
3.
The request is compatible with the existing or allowable uses of adjacent properties.
4.
The request can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection, exist or will exist to serve the requested use at the time such facilities are needed.
5.
The request can demonstrate adequate provision for maintenance of the use and associated structures.
6.
The request has minimized, to the degree possible, adverse effects on the natural environment.
7.
The request will not create undue traffic congestion.
8.
The request will not adversely affect the public health, safety or welfare.
9.
The request conforms to all applicable provisions of this Code.

Application of standards. When applying the standards in subsection (a) of this section to any new construction of a building or an addition to an existing building, the town board and/or plan commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(Code 2006, § 13-1-66)

Effective on: 1/1/1901

Sec. 60-104. Denial or approval of application for conditional use permit.

When a denial of a conditional use application is made by the town board, the town board shall furnish the applicant with a copy of the approved meeting minutes. In all cases in which conditional uses are granted, the town 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.

(Code 2006, § 13-1-67)

Effective on: 1/1/1901

Sec. 60-105. Conditions and guarantees.

Upon consideration of the factors listed in section 60-103, and upon recommendation of the plan commission, the town board may attach such conditions, in addition to those otherwise specifically listed, that it deems necessary. The following conditions may apply to all conditional uses:

A.
Conditions. Prior to the granting of any conditional use, the town board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 60-103. Such conditions may include specifications for, without limitation because of specific enumeration:
1. 1.
  Landscaping;
2. 2.
  Type of construction;
3. 3.
  Construction commencement and completion dates;
4. 4.
  Sureties;
5. 5.
  Lighting;
6. 6.
  Fencing;
7. 7.
  Operational control;
8. 8.
  Hours of operation;
9. 9.
  Traffic circulation;
10. 10.
  Deed restrictions;
11. 11.
  Access restrictions;
12. 12.
  Setbacks and yards;
13. 13.
  Increased parking;
14. 14.
  Location, size and number of signs;
15. 15.
  Water supply and waste disposal system;
16. 16.
  Highway access restrictions; or
17. 17.
  Any other requirements necessary to fulfill the purpose and intent of this article.
B.
Site review. In making its decision, the town board shall evaluate each application and may request assistance from any source which can provide technical assistance. The town board may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the town board following a new public hearing.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the town board may require the use of certain general types of exterior construction materials and/or architectural treatment.

(Code 2006, § 13-1-68)

Effective on: 1/1/1901

Sec. 60-106. Validity of conditional use permit.

Where a conditional use application has been approved or conditionally approved, such conditional use permit approval shall become null and void within six months of the date of the approval unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. The town board may extend such permit for a period of 90 days for justifiable cause, if application is made to the town at least 30 days before the expiration of said permit.

(Code 2006, § 13-1-69)

Effective on: 1/1/1901

Sec. 60-107. Complaints regarding conditional uses.

The town board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the zoning administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the town board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 60-103, 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 section 60-102. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The town board may, in order to bring the subject conditional use into compliance with the standards set forth in section 60-103 or conditions previously imposed by the town board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to ensure that the standards in section 60-103(a) and (b) will be met, the town board may revoke the subject conditional approval and direct the zoning administrator and the town attorney to seek elimination of the subject use. Following any such hearing, the decision of the town board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.

(Code 2006, § 13-1-70)

Effective on: 1/1/1901

Sec. 60-108. Bed and breakfast establishments.

As conditional use. Bed and breakfast establishments shall be allowed in the A-1 district and considered a conditional use and may be permitted in the A-2 Agricultural and Residential districts pursuant to this article.

Definition. The term "bed and breakfast establishment" means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.

State standards. Bed and breakfast establishments shall comply with the standards of Wis. Admin. Code ch. HSS 197.

(Code 2006, § 13-1-71)

Effective on: 1/1/1901

Sec. 60-109. Home occupations; professional home offices.

Intent.

1.
The intent of this section is to provide a means to accommodate a small family home-based business or professional home office without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. In general, home occupations shall be so located and conducted that the average neighbor under normal circumstances would not be aware of its existence. Such occupation is incidental to the use of the premises for the residential purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
2.
The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use may qualify as a home or professional home office occupation. This section recognizes that compatibility may vary by zoning district and that certain uses may be incompatible in residential zones, but due to custom, types of permitted use, and arrangement of land uses may be compatible in agricultural districts.

Restrictions on residential district home occupations. Home occupations and professional home offices are a permitted use in all residential districts, subject to the requirements of the district in which the use is located and the following requirements:

1.
The home occupation shall be conducted only within the enclosed area of the dwelling unit. Use of accessory buildings for the home occupation is prohibited.
2.
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
3.
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
4.
No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
5.
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall comply with residential district sign regulations.
6.
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
7.
No stock in trade is kept or sold except that which is made in connection with such occupation.
8.
The types and number of equipment or machinery may be restricted by the town board.
9.
No mechanical equipment shall be used other than such as is permissible purely for domestic purposes.
10.
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
11.
No more than two people outside the family shall be employed in the home occupation.
12.
The use shall not generate pedestrian or vehicular traffic above that normally associated with a residential district.

Home occupations prohibited in residential districts. The following uses by nature of the investment or operation have a pronounced tendency once started to rapidly increase beyond their limits permitted for home occupations in a residential district and thereby impair the use and value of residentially zoned areas for residential purposes. Therefore, the uses specified below shall not be permitted as home occupations in residential districts:

1.
Appliance repair.
2.
Automobile or motor vehicle repair (minor or major).
3.
Metal fabrication.
4.
Painting of automobiles, trailers or other vehicles.
5.
Tire repair.
6.
Welding.

Home occupations permitted in residential districts as conditional uses. The following uses may be allowed as a conditional use, provided that the town board may require certain limitations and conditions:

1.
Barbershops and beauty shops.
2.
Dance studios.
3.
Music lesson studios.
4.
Photographic studios.

Home occupations in A-1 or A-2 Agricultural Districts of five acres or less; standards.

1.
Such occupations are incidental to the use of the premises for the agricultural purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
2.
No article is sold or offered for sale on the premises except that is produced by such occupation.
3.
No mechanical equipment is used other than such as is permissible purely for domestic purposes.
4.
Not more than two people outside the family shall be employed in the home occupation.
5.
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
6.
No more than one accessory building may be used for the home occupation, providing that the area occupied by the home occupation in the accessory building shall not exceed the gross first floor area of the residence.
7.
There shall be no outside storage of any kind related to the home occupation.
8.
The use shall not generate pedestrian or vehicular traffic beyond that normal to the agricultural district.
9.
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or other hazard greater or more frequent than that usually experienced in an average agricultural occupancy in the district in question in normal circumstances wherein no home occupation exists.
10.
No sign shall be allowed other than those permitted in the Agricultural/Low Density District.

(Code 2006, § 13-1-72)

Effective on: 1/1/1901

Sec. 60-110. General conditional uses.

In addition to specific zoning district conditional uses and pertinent district requirements, the following are general conditional uses. After public hearing, the plan commission may recommend to the town board the location of any of the following buildings or uses as a conditional use in any district from which they are excluded by this chapter, provided that each such building or use shall comply with all other regulations for the location of such buildings or uses. The town board may establish such conditions and safeguards as will further and protect the general purpose and intent of this chapter:

A.
Cemeteries.
B.
Fire and police stations.
C.
Hospitals and clinics, but not animal hospitals/clinics or veterinary services.
D.
Institutions, public or private, of an educational, philanthropic or charitable nature.
E.
Private clubs and lodges, excepting those the chief activity of which is a service customarily carried.
F.
Fur farms in the Agricultural/Low Density District only.
G.
Public utility buildings, structures and lines, including microwave radio relay structures, cellular telecommunication towers, and their appurtenances for such purposes as are reasonably necessary for the public convenience and welfare.
H.
Railroad siding and structures.
I.
Sewage disposal plants.
J.
Sanitary landfills for use of town residents only.

(Code 2006, § 13-1-73)

Effective on: 1/1/1901

Secs. 60-111—60-133. Reserved.

Effective on: 1/1/1901

Peshtigo Town City Zoning Code

ARTICLE V

CONDITIONAL USES

Sec. 60-97. Statement of purpose.

(Code 2006, § 13-1-60)

Effective on: 1/1/1901

Sec. 60-98. Authority of the town board; requirements.

(Code 2006, § 13-1-61)

Effective on: 1/1/1901

Sec. 60-99. Initiation of conditional use.

(Code 2006, § 13-1-62)

Effective on: 1/1/1901

Sec. 60-100. Application for conditional use; plan commission review.

Application.

1.
All requests for conditional uses shall be applied for with the town clerk on a form prescribed by the town and payment of the required fee. The application shall be accompanied by an application fee as established by the town board and by a plan showing the location, size and shape of the lot involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 60-103 hereinafter. The applicant shall be responsible for providing to the town clerk the names, mailing addresses and parcel numbers of all property owners within 300 feet of the perimeter property line as it exists at the time of the application for conditional use. This requirement does not apply to the boundary of a leased parcel unless the leased parcel boundary is also a property line.
2.
Such application shall be reviewed by the plan commission and a written recommendation submittal thereon to the town board. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations; stockpiles; equipment storage; fences or screens; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this article.

(Code 2006, § 13-1-63)

Effective on: 1/1/1901

Sec. 60-101. Hearing on application.

(Code 2006, § 13-1-64)

Effective on: 1/1/1901

Sec. 60-102. Notice of hearing on application; determination.

(Code 2006, § 13-1-65)

Effective on: 1/1/1901

Sec. 60-103. Standards; review; application.

Standards. No application for a conditional use shall be recommended for approval by the plan commission or be granted by the town board unless it is determined that the following factors exist:

1.
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2.
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
3.
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4.
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
5.
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6.
That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
7.
That the proposed use does not violate floodplain regulations governed by the county.
8.
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff, approved by the appropriate jurisdictional authority.
9.
That such use will comply with the regulations and conditions specified in this article for such use.

1.
The request is consistent with all applicable provisions of the comprehensive plan.
2.
The request shall not adversely affect adjacent properties.
3.
The request is compatible with the existing or allowable uses of adjacent properties.
4.
The request can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection, exist or will exist to serve the requested use at the time such facilities are needed.
5.
The request can demonstrate adequate provision for maintenance of the use and associated structures.
6.
The request has minimized, to the degree possible, adverse effects on the natural environment.
7.
The request will not create undue traffic congestion.
8.
The request will not adversely affect the public health, safety or welfare.
9.
The request conforms to all applicable provisions of this Code.

(Code 2006, § 13-1-66)

Effective on: 1/1/1901

Sec. 60-104. Denial or approval of application for conditional use permit.

(Code 2006, § 13-1-67)

Effective on: 1/1/1901

Sec. 60-105. Conditions and guarantees.

A.
Conditions. Prior to the granting of any conditional use, the town board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 60-103. Such conditions may include specifications for, without limitation because of specific enumeration:
1. 1.
  Landscaping;
2. 2.
  Type of construction;
3. 3.
  Construction commencement and completion dates;
4. 4.
  Sureties;
5. 5.
  Lighting;
6. 6.
  Fencing;
7. 7.
  Operational control;
8. 8.
  Hours of operation;
9. 9.
  Traffic circulation;
10. 10.
  Deed restrictions;
11. 11.
  Access restrictions;
12. 12.
  Setbacks and yards;
13. 13.
  Increased parking;
14. 14.
  Location, size and number of signs;
15. 15.
  Water supply and waste disposal system;
16. 16.
  Highway access restrictions; or
17. 17.
  Any other requirements necessary to fulfill the purpose and intent of this article.
B.
Site review. In making its decision, the town board shall evaluate each application and may request assistance from any source which can provide technical assistance. The town board may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the town board following a new public hearing.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the town board may require the use of certain general types of exterior construction materials and/or architectural treatment.

(Code 2006, § 13-1-68)

Effective on: 1/1/1901

Sec. 60-106. Validity of conditional use permit.

(Code 2006, § 13-1-69)

Effective on: 1/1/1901

Sec. 60-107. Complaints regarding conditional uses.

(Code 2006, § 13-1-70)

Effective on: 1/1/1901

Sec. 60-108. Bed and breakfast establishments.

State standards. Bed and breakfast establishments shall comply with the standards of Wis. Admin. Code ch. HSS 197.

(Code 2006, § 13-1-71)

Effective on: 1/1/1901

Sec. 60-109. Home occupations; professional home offices.

Intent.

1.
The intent of this section is to provide a means to accommodate a small family home-based business or professional home office without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. In general, home occupations shall be so located and conducted that the average neighbor under normal circumstances would not be aware of its existence. Such occupation is incidental to the use of the premises for the residential purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
2.
The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use may qualify as a home or professional home office occupation. This section recognizes that compatibility may vary by zoning district and that certain uses may be incompatible in residential zones, but due to custom, types of permitted use, and arrangement of land uses may be compatible in agricultural districts.

1.
The home occupation shall be conducted only within the enclosed area of the dwelling unit. Use of accessory buildings for the home occupation is prohibited.
2.
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
3.
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
4.
No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
5.
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall comply with residential district sign regulations.
6.
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
7.
No stock in trade is kept or sold except that which is made in connection with such occupation.
8.
The types and number of equipment or machinery may be restricted by the town board.
9.
No mechanical equipment shall be used other than such as is permissible purely for domestic purposes.
10.
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
11.
No more than two people outside the family shall be employed in the home occupation.
12.
The use shall not generate pedestrian or vehicular traffic above that normally associated with a residential district.

1.
Appliance repair.
2.
Automobile or motor vehicle repair (minor or major).
3.
Metal fabrication.
4.
Painting of automobiles, trailers or other vehicles.
5.
Tire repair.
6.
Welding.

1.
Barbershops and beauty shops.
2.
Dance studios.
3.
Music lesson studios.
4.
Photographic studios.

Home occupations in A-1 or A-2 Agricultural Districts of five acres or less; standards.

1.
Such occupations are incidental to the use of the premises for the agricultural purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
2.
No article is sold or offered for sale on the premises except that is produced by such occupation.
3.
No mechanical equipment is used other than such as is permissible purely for domestic purposes.
4.
Not more than two people outside the family shall be employed in the home occupation.
5.
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
6.
No more than one accessory building may be used for the home occupation, providing that the area occupied by the home occupation in the accessory building shall not exceed the gross first floor area of the residence.
7.
There shall be no outside storage of any kind related to the home occupation.
8.
The use shall not generate pedestrian or vehicular traffic beyond that normal to the agricultural district.
9.
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or other hazard greater or more frequent than that usually experienced in an average agricultural occupancy in the district in question in normal circumstances wherein no home occupation exists.
10.
No sign shall be allowed other than those permitted in the Agricultural/Low Density District.

(Code 2006, § 13-1-72)

Effective on: 1/1/1901

Sec. 60-110. General conditional uses.

A.
Cemeteries.
B.
Fire and police stations.
C.
Hospitals and clinics, but not animal hospitals/clinics or veterinary services.
D.
Institutions, public or private, of an educational, philanthropic or charitable nature.
E.
Private clubs and lodges, excepting those the chief activity of which is a service customarily carried.
F.
Fur farms in the Agricultural/Low Density District only.
G.
Public utility buildings, structures and lines, including microwave radio relay structures, cellular telecommunication towers, and their appurtenances for such purposes as are reasonably necessary for the public convenience and welfare.
H.
Railroad siding and structures.
I.
Sewage disposal plants.
J.
Sanitary landfills for use of town residents only.

(Code 2006, § 13-1-73)

Effective on: 1/1/1901

Secs. 60-111—60-133. Reserved.

Effective on: 1/1/1901

Peshtigo Town City Zoning Code

ARTICLE V

CONDITIONAL USES

Sec. 60-97. Statement of purpose.

(Code 2006, § 13-1-60)

Effective on: 1/1/1901

Sec. 60-98. Authority of the town board; requirements.

(Code 2006, § 13-1-61)

Effective on: 1/1/1901

Sec. 60-99. Initiation of conditional use.

(Code 2006, § 13-1-62)

Effective on: 1/1/1901

Sec. 60-100. Application for conditional use; plan commission review.

Application.

1.
All requests for conditional uses shall be applied for with the town clerk on a form prescribed by the town and payment of the required fee. The application shall be accompanied by an application fee as established by the town board and by a plan showing the location, size and shape of the lot involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 60-103 hereinafter. The applicant shall be responsible for providing to the town clerk the names, mailing addresses and parcel numbers of all property owners within 300 feet of the perimeter property line as it exists at the time of the application for conditional use. This requirement does not apply to the boundary of a leased parcel unless the leased parcel boundary is also a property line.
2.
Such application shall be reviewed by the plan commission and a written recommendation submittal thereon to the town board. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations; stockpiles; equipment storage; fences or screens; and any other pertinent information that may be necessary to determine if the proposed use meets the requirements of this article.

(Code 2006, § 13-1-63)

Effective on: 1/1/1901

Sec. 60-101. Hearing on application.

(Code 2006, § 13-1-64)

Effective on: 1/1/1901

Sec. 60-102. Notice of hearing on application; determination.

(Code 2006, § 13-1-65)

Effective on: 1/1/1901

Sec. 60-103. Standards; review; application.

Standards. No application for a conditional use shall be recommended for approval by the plan commission or be granted by the town board unless it is determined that the following factors exist:

1.
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2.
That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
3.
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
4.
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
5.
That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
6.
That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
7.
That the proposed use does not violate floodplain regulations governed by the county.
8.
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff, approved by the appropriate jurisdictional authority.
9.
That such use will comply with the regulations and conditions specified in this article for such use.

1.
The request is consistent with all applicable provisions of the comprehensive plan.
2.
The request shall not adversely affect adjacent properties.
3.
The request is compatible with the existing or allowable uses of adjacent properties.
4.
The request can demonstrate that adequate public facilities, including roads, drainage, potable water, sanitary sewer, and police and fire protection, exist or will exist to serve the requested use at the time such facilities are needed.
5.
The request can demonstrate adequate provision for maintenance of the use and associated structures.
6.
The request has minimized, to the degree possible, adverse effects on the natural environment.
7.
The request will not create undue traffic congestion.
8.
The request will not adversely affect the public health, safety or welfare.
9.
The request conforms to all applicable provisions of this Code.

(Code 2006, § 13-1-66)

Effective on: 1/1/1901

Sec. 60-104. Denial or approval of application for conditional use permit.

(Code 2006, § 13-1-67)

Effective on: 1/1/1901

Sec. 60-105. Conditions and guarantees.

A.
Conditions. Prior to the granting of any conditional use, the town board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 60-103. Such conditions may include specifications for, without limitation because of specific enumeration:
1. 1.
  Landscaping;
2. 2.
  Type of construction;
3. 3.
  Construction commencement and completion dates;
4. 4.
  Sureties;
5. 5.
  Lighting;
6. 6.
  Fencing;
7. 7.
  Operational control;
8. 8.
  Hours of operation;
9. 9.
  Traffic circulation;
10. 10.
  Deed restrictions;
11. 11.
  Access restrictions;
12. 12.
  Setbacks and yards;
13. 13.
  Increased parking;
14. 14.
  Location, size and number of signs;
15. 15.
  Water supply and waste disposal system;
16. 16.
  Highway access restrictions; or
17. 17.
  Any other requirements necessary to fulfill the purpose and intent of this article.
B.
Site review. In making its decision, the town board shall evaluate each application and may request assistance from any source which can provide technical assistance. The town board may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the town board following a new public hearing.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the town board may require the use of certain general types of exterior construction materials and/or architectural treatment.

(Code 2006, § 13-1-68)

Effective on: 1/1/1901

Sec. 60-106. Validity of conditional use permit.

(Code 2006, § 13-1-69)

Effective on: 1/1/1901

Sec. 60-107. Complaints regarding conditional uses.

(Code 2006, § 13-1-70)

Effective on: 1/1/1901

Sec. 60-108. Bed and breakfast establishments.

State standards. Bed and breakfast establishments shall comply with the standards of Wis. Admin. Code ch. HSS 197.

(Code 2006, § 13-1-71)

Effective on: 1/1/1901

Sec. 60-109. Home occupations; professional home offices.

Intent.

1.
The intent of this section is to provide a means to accommodate a small family home-based business or professional home office without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary. In general, home occupations shall be so located and conducted that the average neighbor under normal circumstances would not be aware of its existence. Such occupation is incidental to the use of the premises for the residential purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
2.
The standards for home occupations in this section are intended to ensure compatibility with other permitted uses and with the residential character of the neighborhood, plus a clearly secondary or incidental status in relation to the residential use of the main building as the criteria for determining whether a proposed accessory use may qualify as a home or professional home office occupation. This section recognizes that compatibility may vary by zoning district and that certain uses may be incompatible in residential zones, but due to custom, types of permitted use, and arrangement of land uses may be compatible in agricultural districts.

1.
The home occupation shall be conducted only within the enclosed area of the dwelling unit. Use of accessory buildings for the home occupation is prohibited.
2.
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
3.
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
4.
No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
5.
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall comply with residential district sign regulations.
6.
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
7.
No stock in trade is kept or sold except that which is made in connection with such occupation.
8.
The types and number of equipment or machinery may be restricted by the town board.
9.
No mechanical equipment shall be used other than such as is permissible purely for domestic purposes.
10.
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
11.
No more than two people outside the family shall be employed in the home occupation.
12.
The use shall not generate pedestrian or vehicular traffic above that normally associated with a residential district.

1.
Appliance repair.
2.
Automobile or motor vehicle repair (minor or major).
3.
Metal fabrication.
4.
Painting of automobiles, trailers or other vehicles.
5.
Tire repair.
6.
Welding.

1.
Barbershops and beauty shops.
2.
Dance studios.
3.
Music lesson studios.
4.
Photographic studios.

Home occupations in A-1 or A-2 Agricultural Districts of five acres or less; standards.

1.
Such occupations are incidental to the use of the premises for the agricultural purpose and does not effect any substantial change in the character of the premises or of the neighborhood.
2.
No article is sold or offered for sale on the premises except that is produced by such occupation.
3.
No mechanical equipment is used other than such as is permissible purely for domestic purposes.
4.
Not more than two people outside the family shall be employed in the home occupation.
5.
No more than 25 percent of the gross floor area of the residence shall be utilized by the home occupation.
6.
No more than one accessory building may be used for the home occupation, providing that the area occupied by the home occupation in the accessory building shall not exceed the gross first floor area of the residence.
7.
There shall be no outside storage of any kind related to the home occupation.
8.
The use shall not generate pedestrian or vehicular traffic beyond that normal to the agricultural district.
9.
No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard or other hazard greater or more frequent than that usually experienced in an average agricultural occupancy in the district in question in normal circumstances wherein no home occupation exists.
10.
No sign shall be allowed other than those permitted in the Agricultural/Low Density District.

(Code 2006, § 13-1-72)

Effective on: 1/1/1901

Sec. 60-110. General conditional uses.

A.
Cemeteries.
B.
Fire and police stations.
C.
Hospitals and clinics, but not animal hospitals/clinics or veterinary services.
D.
Institutions, public or private, of an educational, philanthropic or charitable nature.
E.
Private clubs and lodges, excepting those the chief activity of which is a service customarily carried.
F.
Fur farms in the Agricultural/Low Density District only.
G.
Public utility buildings, structures and lines, including microwave radio relay structures, cellular telecommunication towers, and their appurtenances for such purposes as are reasonably necessary for the public convenience and welfare.
H.
Railroad siding and structures.
I.
Sewage disposal plants.
J.
Sanitary landfills for use of town residents only.

(Code 2006, § 13-1-73)

Effective on: 1/1/1901

Secs. 60-111—60-133. Reserved.

Effective on: 1/1/1901