Pleasant Prairie City Zoning Code
ARTICLE XVIII
Conditional Uses
§ 420-141 Purpose and findings.
Certain uses and situations are of such a special nature or are so dependent upon actual contemporary circumstances that it is impractical to predetermine whether such uses meet all of the specific standards, regulations or conditions which would permit such uses in each individual situation. Such uses may, however, be permitted as conditional uses. The applicant for a conditional use must demonstrate that all requirements and conditions established by the Village relating to the conditional use shall be satisfied, which must be supported by substantial evidence. The Village's decision to approve or deny any such conditional use permit will be based upon substantial evidence presented at a public hearing. Only those uses specifically listed herein can be granted a conditional use. This section is intended to comply with, and to implement, § 62.23(7)(de), Wisconsin Statutes.
§ 420-142 Intent.
It is the intent of the Village Board that the designated conditional uses may be allowed with the Plan Commission's approval within the areas designated by this chapter in accordance with § 420-145G of this chapter and only when the conditions imposed thereon are met. Any conditions so imposed as a basis for granting the conditional use permit shall be binding on all grantees, assignees, heirs, legatees, donees, transferees and trustees of the petition.
§ 420-143 Conditional use permits.
The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses as specified in each of the aforementioned districts set forth in Article XVI after review and a public hearing, as provided herein, provided that such conditional uses and structures are in accord with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
§ 420-144 Application for permit.
Application for a conditional use permit shall be filed with the Zoning Administrator on forms furnished by the Community Development Department and shall include, at a minimum, the following:
A.
Name, address and phone number of the applicant, owner of the site, architect, professional engineer, contractor, and authorized agent.
B.
Legal description of the subject property, address of the subject property, type of structure proposed, proposed operation or use of the structure or property, and the zoning district within which the subject property is located.
C.
All plans and documents required pursuant to Article IX of this chapter related to site and operational plan review for all commercial developments in which site and operational plan approval is required. All plans and documents required pursuant to Article IXA of this chapter related to residential development plan review for all residential development in which residential development plan approval is required.
D.
For shoreland and floodplain conditional uses, such description shall also include information that is necessary for the Plan Commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human, animal or aquatic life. This additional information may include, but is not limited to, plans certified by a registered professional engineer or professional land surveyor showing existing and proposed elevations or contours of the ground; fill or storage elevation; basement and first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets; water supply and sanitary facilities; aerial photographs and photographs showing existing surrounding land uses and vegetation upstream and downstream; soil types; and any other pertinent information required by the Floodplain Zoning Ordinance in Chapter 430, the Plan Commission or the Zoning Administrator.
E.
Any additional information, as may be required by the Zoning Administrator or Plan Commission, including but not limited to information relative to the elimination or alleviation or control of the danger, hazard or nuisance sought to be averted as may be required by the Plan Commission or the Zoning Administrator, such as, without limitation due to enumeration, ground surface elevations, basement and first floor elevations, utility elevations, detailed landscape plans, plans of operation, hours, parking plans, historic and probable future floodwater elevations, areas subject to inundation by floodwaters, depths of inundation, floodproofing measures, soil type, slope and boundaries, and plans for proposed structures, giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure or its effects on flood flows.
§ 420-145 Review of application; public hearing; grant or denial of permit.
A.
After receipt of a petition for a conditional use permit, the information shall be submitted to the Zoning Administrator, who shall transmit all applications and their accompanying plans and materials to various Village departments for review. Upon completion of the departments' review, the petitioner will be notified to review their recommendations and comments. The Zoning Administrator shall place the matter on the agenda for a public hearing and consideration before the Plan Commission.
B.
Notice of the public hearing referred to in Subsection A above shall be published as a Class 2 notice in a newspaper of general circulation in accordance with Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.) Notice of such public hearing shall also be given in accordance with the Wisconsin Open Meeting Law, §§ 19.81 to 19.98, Wis. Stats. Further, notice of such public hearing shall be mailed by first class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant, the owners of the subject lot or site, the owners of all real property located within 300 feet of the subject lot or site and to all other parties of interest as defined in this chapter. In the event the subject lot or site lies within the shoreland jurisdictional boundary or within an area regulated under the Floodplain Zoning Ordinance in Chapter 430, a copy of the notice of public hearing and a copy of the application shall be mailed to the Southeast District Office of the Wisconsin Department of Natural Resources in accordance with Ch. NR 116 or NR 117, Wis. Adm. Code, respectively, not less than 10 days prior to the hearing. Failure of any person to receive actual notice of the public hearing shall not invalidate any action taken by the Plan Commission. In the event that the Plan Commission postpones or adjourns a public hearing after the publication and mailing of the public hearing notice in accordance with this subsection, no additional Class 2 notice or mailed notice to property owners shall be required, provided that notice of the date, time and place of the postponed or adjourned hearing is publicly announced by the Plan Commission at the time and place of the hearing for which notice was published and mailed and appears in the record of the proceeding.
C.
In hearing a petition for a conditional use permit, the Plan Commission shall call the petition at the public hearing. Upon the call of the petition, the petition shall be read by the Chair of the Plan Commission, and at the conclusion thereof the Chair shall hear and receive any substantial evidence or sworn testimony presented by the petitioner or his authorized agent. At the conclusion of the petitioner's presentation, the Chair shall ask for any public comments or other substantial evidence related to the petition. Any relevant and substantial evidence or sworn testimony presented by the public, Village staff or Commission members shall be received by the Chair; provided, however, that said substantial evidence or sworn testimony is properly identifiable for the record. Lastly, the Chair shall ask for a recommendation from the Zoning Administrator. "Substantial evidence" referred to in this section means facts and information, other than merely personal preference or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion. Public comments that provide reasonable facts and information related to the conditions of the permit are accepted as substantial evidence.
D.
Upon receiving the recommendation of the Zoning Administrator, the Plan Commission may adjourn the petition for a period of up to three months from the date of public hearing, or longer if agreed by the petitioner, so as to allow the petitioner an opportunity to provide any further information or to address any remaining questions and standards deemed pertinent by the Commission or so as to allow the Commissioners an opportunity to view the site in accordance with the guidelines set forth in Chapter 18, § 18-41, of the Village Code or consider the conditions for issuing a conditional use permit or to view similar uses already in existence in accordance with the guidelines set forth in § 18-41 if a comparison is warranted. All deliberations and decisions of the Commission relating to the conditional use permit shall be made at a meeting held in conformance with the Wisconsin Open Meeting Law.[1]
E.
Upon having received all evidence and hearing all sworn testimony relating to the petition, the Plan Commission shall review the site plan, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems, the proposed operation, the effects of the proposed use, structure, operation and improvement upon flood damage protection, water quality, air quality, shoreland cover, natural beauty and wildlife habitat, and any other pertinent requirements deemed necessary by the Commission so as to eliminate, alleviate, or control any hazard, danger, harm, nuisance, adversity or inconsistency that exists or could develop. Upon completion of said review, the Chair shall entertain a motion that the Plan Commission either grant or deny the conditional use permit petition based upon specific findings and conclusions.
F.
The Plan Commission shall not approve a conditional use permit unless they find after viewing the application, sworn testimony and the substantial evidence provided at the public hearing that the structure, site or use, as planned, will not violate the intent and purpose of all Village ordinances including the Village Comprehensive Plan or components thereof. The Plan Commission shall review and consider the approval of said conditional use permit only after determining that:
(1)
The proposed structure(s), site or use will not impair an adequate supply of light and air to adjacent properties or increase danger of fire, cause traffic congestion or traffic circulation problems, create stormwater flooding or drainage, create noxious odors, light pollution or problems or otherwise endanger the public health, safety or welfare.
(2)
The effect of the proposed conditional use will not hinder, harm or distract the provision of public services.
(3)
The existing and proposed methods of eliminating, alleviating or controlling the identified hazard, danger, harm, noxiousness, offensiveness, nuisance or other adversity or inconsistency do not endanger the public's health, safety or welfare.
(4)
Regardless of any other provisions of this chapter to the contrary allowing for a conditional use permit for a particular structure, site or use on a particular parcel, the proposed and applied for use on a particular parcel is not inherently inconsistent with either the district in which it is located or adjoining districts or neighborhoods.
G.
Unless specifically altered by § 420-148, Standards for conditional uses, compliance with all of the minimum provisions of this chapter dealing with such matters as, without limitation due to enumeration, lot area and width, building height and area, yards, setbacks, sanitary systems, signs, parking, loading, traffic and highway access and performance standards shall be required of all conditional uses. Variances shall only be granted as provided in Chapter 18, Article V, of the Village Code.
H.
Notice of conditional uses granted in an area regulated by the Floodplain Zoning Ordinance in Chapter 430 or in any other area where the shoreland jurisdictional boundary is applicable shall be given to the Southeast District Office of the State Department of Natural Resources within 10 days following the decision.
J.
Any conditional use permit granted by the Plan Commission shall not be valid unless recorded at the Kenosha County Register of Deeds office within six months after approval of said permit or prior to issuance of any building or zoning permits, whichever comes first. Any recording fees shall be paid by the applicant. In addition, the Zoning Administrator shall keep a record of all such conditional use permits, with such records available to the public.
§ 420-146 Existing uses.
Any conditional use permit granted pursuant to conditional use authority that has since been repealed and that was in effect, and the use was legally in operation on the date of such repeal, that is no longer an allowed use of the property, shall be allowed to continue as a conditional use subject to all conditions stated in the conditional use order. Any such conditional use permit that requires compliance with a section of the Village of Pleasant Prairie Zoning Code that has since been repealed, shall continue to require compliance with the referenced Code section as it existed immediately prior to such repeal and the repeal of such provision is stayed solely for such existing conditional use permit(s). These continuation provisions are intended to preserve the status quo for all rights and responsibilities incurred or accrued prior to the adoption of this ordinance. Nothing herein shall be interpreted to prevent existing conditional use permit holders from applying to amend their conditional use pursuant to all laws in effect at the time of the application, or as set forth in the conditional use permit including those amendments requiring a public hearing.
§ 420-147 Suspension or revocation of permit.
A.
Upon a complaint filed with the Zoning Administrator alleging noncompliance with the terms of the conditional use permit by any interested party, or upon the motion of the Zoning Administrator, the Plan Commission shall schedule an open hearing within 45 days of the filing of the complaint and shall conduct a hearing pursuant to the general outline set forth in § 420-145. Upon a finding that the standards, regulations and conditions set forth in granting the conditional use permit have been violated, the Plan Commission may suspend the conditional use permit until such time as there is compliance with the standards, regulations and conditions imposed with said permit, or the Plan Commission may revoke the conditional use permit. Any continued operation after a suspension or revocation of such permit shall be deemed a violation of this chapter and subject to the penalties set forth in § 420-150 of this chapter. This action of the Commission may be appealed pursuant to Chapter 18, Article V, of the Village Code. Such appeal shall be filed with the Village Zoning Administrator within 30 days after final action taken by the Plan Commission. Any failure to revoke a conditional use permit for past violations shall not operate as a waiver of the right to suppress future violations.
B.
Conditional use permits may also be suspended or revoked if the Plan Commission determines that there has been a change in the character of the surrounding area or in the conditional use itself causes such use to be no longer compatible with surrounding uses; or the conditional use has been discontinued for a period of 12 consecutive or 18 cumulative months in a three-year period. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (i.e., summer camps, snowmobile courses, ski areas, marinas, quarries, etc.)
§ 420-148 Standards for conditional uses.
A.
In addition to the specific conditions required herein, additional reasonable conditions or requirements which bear a direct relationship to the hazard, danger, harm, noxiousness, offensiveness, nuisance or other adversity or inconsistency sought to be eliminated, alleviated or controlled, such as, without limitation due to enumeration, environmental, economic or social impact statements, storm drainage plans, landscaping, architectural design, type of construction, ground cover, anchoring of structures, construction commencement and completion dates in accordance with § 420-22J of this chapter, sureties, letters of credit, performance bonds, waivers, lighting, fencing, location, size and number of signs, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements, plat of survey maps, certified survey maps, easement or street dedications, increased building areas, increased water supply, essential services and utilities, sanitary and sewage requirements, installation of pollution abatement, security and/or safety systems, higher performance standards, stages for development of the conditional use, future review of the conditional use operation, conditions surrounding termination of the conditional use permit, and the period of time for which the conditional use will be permitted, may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter and so as to eliminate, alleviate or control the hazard, danger, harm, noxiousness, offensiveness, nuisance, adversity or inconsistency sought to be averted. Where studies, including but not limited to: traffic impact analysis, groundwater elevations, soils studies, environmental assessments or environmental impact statements are required, the Commission can address problems called to its attention by the imposition of certain conditions aimed at eliminating, alleviating or controlling the problems.
B.
In addition to the above, the following performance standards also apply:
(1)
It is the intent of this section to describe performance standards for the regulation of uses and to establish an objective and equitable basis for control and to ensure that the community is adequately protected from potential hazardous and nuisance-like effects. These performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or zoning district. In addition, these performance standards are intended to comply with other applicable local, state and federal codes and standards. All structures, lands, air and water shall hereafter comply with the following performance standards.
(2)
Control of odors. No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor. The Plan Commission reserves the right to request an odor control plan from the applicant to identify potential odors and implement recommendations from the plan.
(3)
Control of fire and explosive hazards.
(a)
All uses involving the manufacturing, utilization, processing, or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices as may be required by the Fire Prevention Code.
(b)
All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have noncombustible exterior walls and an automatic fire extinguishing system.
(c)
The storage of fuels and other materials that produce flammable or explosive vapors shall be permitted only after review and approval by the Village of Pleasant Prairie Fire Department and in accord with their requirements to minimize fire and explosive hazards.
(4)
Glare, heat and external lighting.
(a)
No operation or activity shall produce any intense lighting, glare or heat with the source directly visible beyond the boundary of the property line. Operations producing light, glare, or heat shall be conducted within an enclosed building.
(b)
External lighting shall be shielded so that light rays do not adversely affect adjacent uses.
(5)
Water quality standards.
(a)
No activity shall locate, store, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that might runoff, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant, or aquatic life.
(b)
No activity shall withdraw water or discharge any liquid or solid materials so as to exceed or contribute toward exceeding the minimum standards and those other standards and the application of those standards set forth in Wis. Adm. Code NR 102 or in other applicable chapters which regulate water quality.
(6)
Noise. No operation or activity shall transmit any noise beyond the boundaries of the property so that it becomes a nuisance.
(7)
Vibration.
(a)
No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a reasonable person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.
(b)
Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.
(8)
Traffic impact.
(a)
The Plan Commission reserves the right to require a traffic impact study in order to identify impacts to adjacent properties and roadways and to identify improvements or actions required to minimize or eliminate impacts. No use shall be approved unless the applicant implements the conclusions and recommendations of the study. The traffic study shall be prepared by a registered professional engineer in accordance with the following standards:
[1]
Manual on Transportation Studies [Institute of Transportation Engineers (ITE)].
[2]
Traffic Impact Analysis Guidelines (Wisconsin Department of Transportation).
[3]
Manual on Uniform Traffic Control Devices (Federal Highway Administration).
[4]
Trip Generation Manual (Institute of Transportation Engineers).
[5]
Other local, county or state standards.
C.
Subject to the foregoing, the following may be permitted as conditional uses in districts specified, subject to all applicable requirements of this chapter and other applicable Village Ordinances and the additional standards specified in this section.
(1)
Agricultural Uses within the specified Agricultural Districts.
(2)
Residential uses within the specified Residential Districts.
(a)
Community-based residential facility (CBRF) standards located in a single-family dwelling having nine but no more than 15 persons in the R-1, R-2, R-3, R-4, R-4.5, R-5, R-6 and R-7 Districts:
[1]
The facility shall be in conformance with all state statutory requirements.
[2]
The petitioner shall submit as part of the application for the conditional use permit the type of community living arrangement proposed, the purpose for the community living arrangement, the type of individuals that will reside on the property and the plan for supervising and administering the needs of the residents.
[3]
If applicable, a report and license from the Department of Health Services relating to the suitability of the property for use as a community living arrangement shall be submitted as part of the application for a conditional use permit. The loss of any license shall operate as an automatic revocation of the conditional use permit. Permits shall not be transferable to another location or holder without approval of another conditional use permit.
[4]
The property and the structure shall be serviced by municipal sanitary sewer and water.
[5]
The lot shall be a minimum of one acre or the minimum lot size in the underlying zoning district, whichever is greater.
[6]
The facility shall meet the driveway and parking requirements specified for any multifamily district pursuant to Article VIII of this chapter.
[7]
Adequate transportation shall be available or provided to the residents of the facility for all health and welfare needs.
(b)
Community-based residential facility (CBRF) standards located in a two-family structure having nine but no more than 15 persons in the R-8 District:
[1]
The number of units shall not exceed the number of units allowed in the permitted principal structure in the underlying zoning district.
[2]
The facility shall be in conformance with all state statutory requirements.
[3]
The petitioner shall submit as part of the application for the conditional use permit the type of community living arrangement proposed, the purpose for the community living arrangement, the type of individuals that will reside on the property and the plan for supervising and administering the needs of the residents.
[4]
If applicable, a report and license from the Department of Health Services relating to the suitability of the property for use as a community living arrangement shall be submitted as part of the application for a conditional use permit. The loss of any license shall operate as an automatic revocation of the conditional use permit. Permits shall not be transferable to another location or holder without approval of another conditional use permit.
[5]
The property and the structure shall be serviced by municipal sanitary sewer and municipal water.
[6]
The lot shall be a minimum of one acre.
[7]
The facility shall meet the driveway and parking requirements specified for any multifamily district pursuant to Article VIII of this chapter.
[8]
Adequate transportation shall be available or provided to the residents of the facility for all health and welfare needs.
(c)
Community living arrangements standards within a multiple-family building in the R-9, R-10 and R-11 Districts:
[1]
The net density shall not exceed 21 units per acre.
[2]
The facility shall be in conformance with all state statutory requirements.
[3]
The petitioner shall submit as part of the application for the conditional use permit the type of community living arrangement proposed, the purpose for the community living arrangement, the type of individuals that will reside on the property and the plan for supervising and administering the needs of the residents.
[4]
If applicable, a report and license from the Department of Health Services relating to the suitability of the property for use as a community living arrangement shall be submitted as part of the application for a conditional use permit. The loss of any license shall operate as an automatic revocation of the conditional use permit. Permits shall not be transferable to another location or holder without approval of another conditional use permit.
[5]
The property and the structure shall be serviced by municipal sanitary sewer and municipal water.
[6]
The lot shall be a minimum of three acres.
[7]
Adequate transportation shall be available or provided to the residents of the facility for all health and welfare needs.
(3)
Business uses within the specified Business District.
(a)
Ambulance service standards located in the B-2 District.
[1]
No more than two overhead garage doors shall face a public street.
[2]
All emergency vehicles used shall be kept and stored inside of a building when not in use and between the hours of 10:00 p.m. and 7:00 a.m.
[3]
All emergency vehicles used during the hours of 7:00 a.m. and 10:00 p.m. may be parked on-site in designated parking spaces outside of a building.
[4]
The property shall be located a minimum of 300 feet from any residential zoning district.
[5]
Plan Commission may limit the hours of operation.
(b)
Beer garden standards located in the B-3 Districts:
[1]
The Plan Commission may set more restrictive hours for the beer garden uses and activities than specified in the B-3 District.
[2]
Detailed site plan pursuant to site and operational plan requirements specific in Article IX of this chapter. A dimensioned plan shall be submitted that illustrates location of the beer garden, fencing or like barrier around the perimeter of the beer garden to adequately protect neighbors, limit noise, and prevent or limit access by underage individuals and provide visibility to the operator, licensee and law enforcement to ensure the premises is complying with alcohol beverage requirements.
[3]
The Plan Commission shall approve the area designated for a beer garden to ensure safe pedestrian and vehicular access to/from the site, adequate parking for beer garden patrons and the operations would not cause a public nuisance, distractions or disturbances to adjacent properties/uses or to an abutting public street.
[4]
The Plan Commission shall evaluate any potential hazards, including noise that may be generated by such beer garden activities and establish reasonable and necessary standards for eliminating or minimizing the potential hazards and noise.
[5]
Adequate parking shall be provided on the site, and no parking associated with the beer garden shall be permitted on any public street.
[6]
Public toilets and facilities meeting all state and local specifications located in close proximity to the area. Portable toilet facilities are not allowed.
[7]
Potable water meeting all federal and state requirements shall be provided. Portable potable water facilities for a beer garden is not allowed.
[8]
A sanitary method of disposing of solid waste in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production together with a plan for holding and collecting all such waste at least once each day of the assembly and sufficient trash cans with tight-fitting lids and personnel to perform the task shall be provided.
[9]
Compliance with Chapter 410 of the Village Municipal Ordinance entitled "Security Ordinance" for the beer garden area.
[10]
Adequate lighting for safety and security camera visibility for the parking area and the beer garden area shall be provided.
[11]
All signage shall comply with all applicable Village ordinances.
[12]
Subject to obtaining all applicable building and zoning permits pursuant to the Village Municipal Code. A certificate of compliance is required to be obtained for the beer garden.
[14]
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(c)
Convenient cash business standards located in the B-2 District:
[1]
At the time of site and operational plan approval to commence or expand, a convenient cash business in the B-2 District that is proposed shall be not less than 300 feet in a direct line from any lot on which any school, church or day-care center for children is located or has a vested right to locate, or from any lot (or from any portion of a lot) zoned residential.
[2]
No convenient cash business shall be located within 2,640 feet of another convenient cash business regardless of whether such other convenient cash business is located in the Village or an adjacent municipality.
[3]
Hours of operation. A convenient cash business shall not be open between the hours of 7:00 p.m. and 8:00 a.m. Monday through Friday; shall not be open on Saturdays except between the hours of 9:00 a.m. and 2:00 p.m.; and shall not be open on Sunday. However, the Plan Commission may, on a case-by-case basis, expressly approved extended hours.
(d)
Gasoline stations standards located within the B-2 and B-4 District:
[1]
No more than 24 passenger vehicle or automobile fueling positions are allowed.
[2]
All fueling positions shall be located under a canopy that meets the requirements set forth in the underlying zoning district.
[3]
There shall be no long-term parking or overnight parking of vehicles on the site. Parking for customers is limited to 30 minutes, except for employee parking or for deliveries.
[4]
The parking lot, fueling areas, building entrances, driveway access and area between the buildings shall be illuminated in such a manner to provide sufficient lighting for the public's safety and for the security cameras to operate effectively per the Village's satisfaction.
[5]
A clear and unobstructed view of the cash registers and transaction areas shall be maintained from the internal on-site circulation driveway and access roadway. Products, displays and equipment shall not block viewing to the cash register check out area.
[6]
The building shall be equipped with an inaccessible drop safe, and a conspicuous sign shall be posted at the entrance stating that an inaccessible drop safe is on the premises.
[7]
Installation and full operation of a hold-up alarm, which is monitored by a UL listed central station with functioning telephone service, shall be used at the station/store.
[8]
The cash registers shall not be left unattended when the convenience store is open to the public.
[9]
A height strip shall be located at each doorway entering and exiting the convenience store.
(e)
Gasoline station standards located in the B-6 District:
[1]
Subject to the standards for a gasoline station within the B-2 and B-4 Districts.
[2]
May be allowed to be open to the public between the hours of 12:00 midnight and 5:00 a.m. subject to the following:
[a]
On-site security personnel may be required between the hours of 12:00 midnight and 5:00 a.m. The required use of on-site security personnel shall be considered if the Village Police Department believes that the presence of such personnel is reasonably necessary to ensure the safety of the building, its occupants, customers and surrounding properties.
[b]
During the hours between 12:00 midnight and 5:00 a.m. at least two employees shall be working on site unless the business has taken measures to protect a lone employee (e.g., the installation of bullet-resistant glass or other equipment making a lone employee inaccessible, etc.) as reviewed and approved as adequate by Village Police Department.
[c]
Additional reasonable requirements that the Plan Commission determines to be beneficial to ensure the safety of the building, its occupants, customers and the surrounding properties.
(f)
Truck fueling station standards located in the B-6 District:
[1]
Allowed only as an accessory use to a gasoline station.
[2]
No more than one such facility shall be located near the freeway interchange at STH 165 and I-94, and specifically the property shall be located within 1,500 feet from the center point of the main span of the crossing of STH 165 over IH-94.
[3]
No more than four truck fueling positions shall be allowed.
[4]
The truck fueling positions shall be separated from the fueling positions at the gasoline stations.
[5]
All fueling positions shall be under a canopy. The canopy shall meet the following requirements:
[a]
The canopy supports shall be constructed of stone or brick to match the building.
[b]
The clearance of the canopy as measured from the underside of the canopy shall not exceed 18 feet.
[c]
Setbacks for the structure shall be a minimum of 20 feet from property lines as measured from the further extent of the canopy provided that there is adequate clearance, as required by the Fire Chief, for any fire lanes.
[d]
The underside of the canopy shall be enclosed or capped so that the structure of the canopy is not exposed. Any vents or other apparatus on the roof of the canopy shall be screened with an appropriate parapet wall or other roof structure.
[6]
No more than eight truck parking spaces associated with the truck fueling station shall be provided on site.
[7]
There shall be no long-term parking or overnight parking of vehicles on the site. Parking for customers is limited to one hour, except for employee parking or for deliveries.
[8]
The parking lot, fueling areas, building entrances, driveway access and area between the buildings shall be illuminated in such a manner to provide sufficient lighting for the public's safety and for the security cameras to operate effectively per the Village's satisfaction.
(g)
Pets (sale of) standards located in the B-2 and B-3 Districts:
[1]
Shall be associated with an indoor retail facility selling pet supplies.
[2]
Only household pets as defined in this chapter, except for cats, dogs or rabbits are allowed for sale.
[3]
A maximum of 10 cats, dogs and/or rabbits may be displayed and offered for the promotion of adoption off-site from an Animal Care Facility or Animal Rescue Organization as defined in this chapter.
(4)
Manufacturing uses within the specified Manufacturing Districts.
(a)
Outside storage standards in the M-1, M-2 and M-5 Districts:
[1]
An accessory use to a permitted or conditional use in the underlying District.
[2]
Outside storage area shall not be located in any street yard.
[3]
All outside storage areas a minimum of 300 feet from residential, institutional or park districts shall be enclosed by a solid fence with a minimum height of six feet pursuant to the requirements of per Article XI of this chapter. All items specifically allowed to be stored outside shall be stacked/stored in an organized manner and shall not be stacker higher than the enclosure.
[4]
Screen plantings may be required around the perimeter of the storage area where such perimeter abuts residential districts or where such a screening is deemed necessary depending on surrounding land uses by the Plan Commission.
[5]
A detailed site and security plan shall be required indicating the location of storage areas, the type of material to be stored and a list of all hazardous materials stored on the property along with precautions necessitated by the storage of such hazardous material.
[6]
Lighting shall be required for the storage areas; provided, however, that the glare from said lighting does not shine on adjoining properties.
(b)
A principal or accessory use classified as a High-Hazard Group H use pursuant to Section 307 of the 2006 IBC that involve the manufacturing, processing, generation or storage of materials that constitute a physical or health hazard in quantities in excess of those allowed in control areas constructed and located as required in Section 414 of the 2006 IBC standards in the M-2 District:
[1]
Performance bonds may be required to ensure compliance with the terms of the conditional use permit.
(c)
Recycling facilities (indoors) standards in the M-2 District:
[1]
A performance bond guaranteeing compliance with all federal and state pollution guidelines and the performance standards set forth in this chapter may be required.
[2]
There shall be no outside storage of refuse or recycling materials pre or post recycling.
[3]
Scrap yard operations shall not be permitted on the premises.
(d)
Uses that create high-skill, living wage jobs and advancing or introducing clean industry or technology to the region, provided that the uses are not classified as a High-Hazard Group H pursuant to Section 307 of the 2006 IBC in the M-5 District. These uses include the following:
[1]
Packaging, fulfillment and distribution of products in the medical, pharmaceutical, pharmacy or nutrition/nutraceutical industries. To qualify as a potential conditional use, the use shall meet at least two of the following three criteria:
[a]
The use creates high-skill, living wage jobs at the time of conditional use application.
[b]
The use forms a regional, multistate or national corporate headquarters.
[c]
The use provides significant and measurable value to the land around it and/or the Village through unique infrastructure, technology, security, branding or aesthetic contributions.
[2]
Software, cloud computing, autonomous vehicle/mobility, IoT, artificial intelligence or similar technology of the future. To qualify as a potential conditional use, the use shall meet at least two of the following three criteria:
[a]
The use creates high-skill, living wage jobs at the time of conditional use application.
[b]
The use forms a regional, multistate or national corporate headquarters.
[c]
The use provides significant and measurable value to the land around it and/or the Village through unique infrastructure, technology, security, branding or aesthetic contributions.
(e)
Utility substation standards located in the M-2, M-4 or M-5 Districts.
[1]
Allowed as a principal or accessory use in the underlying district.
[2]
The minimum lot size required in the underling district shall not apply; however, the lot shall be large enough to accommodate the applicable facilities associated with the substation with a minimum lot frontage on a public street of 50 feet.
[3]
A utility substation and associated equipment shall meet the minimum setback requirements of the underlying zoning district.
[4]
The minimum building area requirements of the underlying district shall not apply.
[5]
All utility substations and associated equipment shall be securely fenced, landscaped, screened and marked with appropriate warning signs. The Plan Commission may allow the equipment within the fence area to be located on a gravel surface.
(f)
Power generating plant standards located in the M-4 District.
[1]
An impact statement may be required by the Village setting forth the economic, social and environmental impact of such a project on the community.
[2]
All necessary state and federal permits shall be filed with the Village.
[3]
The plan for the transportation, storage and disposal of chemicals, fuels and waste shall be submitted for review and approval by the Plan Commission.
[4]
All security measures for the proposed electric, gas and steam generating plants shall be submitted for review and approval by the Plan Commission to ensure proper and complete security measures.
[5]
All federal and state pollution guidelines and the performance standards set forth in this chapter shall be complied with.
[6]
In the event that said generating plant makes use of nuclear fuels an evacuation plan shall be submitted.
(g)
Solar farm standards located in the M-4 District. (Also see requirements in § 420-88.2 of this chapter).
[1]
Allowed as a principal or accessory use.
[2]
Minimum lot size and frontage: 10 acres with 300 feet on a public street.
[3]
Minimum setbacks as measured from the foundation of any associated system building, the outer edge of battery storage system, convertor or invertor or from the solar collector extended at full tilt parallel to the ground:
[4]
The solar farm shall not be located within the floodplain.
[5]
Maximum height for solar collectors: 15 feet in height when oriented at maximum tilt.
[6]
Any buildings associated with the solar farm shall meet the building requirements specified in the underlying zoning district related to building size and height. Minimum setbacks are pursuant to Subsection C(4)(g)[3] above.
[7]
Landscaping, as required by the Plan Commission, to screen the system from adjacent properties or public rights-of-way. In addition, land under and surrounding the system shall be properly manicured and maintained.
[8]
Approval of a solar farm decommissioning plan. See additional requirements in § 420-88.2J of this chapter related to abandonment, removal and security for removal.
[9]
A solar farm that connects to the electric utility shall comply with the Public Service Commission of Wisconsin's Rule 119, Rules for Interconnecting Distributed Generation Facilities.
[10]
Approvals required by the State of Wisconsin's Public Service Commission shall be provided to the Village.
[11]
The Village is not responsible for any structures or vegetation on adjacent properties that may exist now or may be constructed/installed in the future to block any portion of the solar farm.
(h)
Wind energy conversion system standards located in the M-4 District.
[1]
Allowed as a principal or accessory use.
[2]
The site area shall be a minimum of five acres.
[3]
Applications for the erection of a wind energy conversion system shall be accompanied by a plat of survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to structures. If the system is intended to provide power to more than one premises, the plat of survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system.
[4]
Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.
[5]
The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.
[6]
Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
[7]
Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this chapter; however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.
[8]
All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.
[9]
The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing said interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.
(i)
Mining or extraction of rock, slate, gravel, sand, topsoil and other minerals standards in the M-3 District:
[1]
An application for extractive operations shall be accompanied by a map, drawn at a scale of one inch equals 100 feet, showing the following:
[2]
An additional map shown at a scale of one inch equals 100 feet shall show a general plan for proposed operations and rehabilitation of the site, including the following:
[a]
The locations of proposed watercourses and drainage systems, including lakes, ponds, and retention areas.
[b]
The sequence of operations and the schedule of rehabilitation measures.
[c]
The proposed locations of sorting, grading, crushing, and similar equipment necessary to the operation and initial distribution of the excavated products.
[d]
The proposed locations of any buildings, scale house, equipment storage areas, and equipment repair sheds or areas.
[3]
The operation and rehabilitation of extractive products areas shall be in accordance with the following conditions:
[a]
Excavation shall not take place within 500 feet of any property line.
[b]
Buildings, structures and storage and repair areas, parking areas and stockpiles shall be at least 100 feet from any property line.
[c]
Accessways and roads shall be maintained in a dust-free condition either by oiling or by spraying with calcium chloride.
[d]
All operations shall be conducted in a safe manner, especially with respect to hazards to persons, damage to adjacent lands or improvements, and damage to any street by slides, sinking, or collapse of supporting soil adjacent to an excavation. No extractive operation shall be conducted in a manner so as to lower the water table of surrounding properties.
[4]
No excavation, removal or fill shall be permitted if the finished conditions would contain the following:
[5]
After completion of operations, and in accordance with the approved rehabilitation map, the premises shall be cleared of debris and a layer of soil capable of supporting vegetation shall be spread over the premises to a depth of at least six inches (except for areas under water) and shall be seeded with grass or other ground cover to prevent erosion.
[6]
A corporate surety bond shall be furnished to the Village to assure compliance with the approved rehabilitation map and plan. The bond shall be in an amount to be determined by the Plan Commission sufficient to cover twice the projected expenses of such rehabilitation at the time that the rehabilitation is to occur according to the plan of the applicant. A termination date for the completion of operations and the rehabilitation of the tract shall be imposed at the time of approval based upon the estimated length of time the operation will be necessary.
[7]
An additional bond shall be furnished to the Village to insure against possible road damage to nearby roads due to heavy trafficking of materials.
[8]
The application for a conditional use permit for extractive industries in the M-3 District shall be made by the property owner or long-term lessee, either of whom shall be directly responsible for the operation of the quarry or related activity. The application shall include a plat survey of the proposed site and an adequate description of the operational methods, including hours of operation; a list of equipment, machinery, and structures to be used; the source, quantity and disposition of water to be used, a topographic map of the site showing existing contours with a minimum vertical of five feet; trees; proposed and existing access roads; the depth of all existing and proposed excavations; and a restoration plan.
[9]
The restoration plan provided by the applicant shall contain proposed contours after filling or restoration, depth of the restored topsoil, type of fill, planting or reforestation, and restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the Village's inspection and administration costs. The applicant and/or owner of the land from which the mineral, gravel, sand, rocks, slate, or topsoil is being removed or extracted shall furnish the necessary sureties which will enable the Village to perform the planned restoration of the site in the event of default by the applicant. The amount of sureties shall be based upon cost estimates prepared by the Village or its agents, and the form and type of such sureties shall be approved by the Village.
[10]
A list of all equipment used in the operation shall be submitted to the Village, and the applicant for the conditional use permit shall be responsible for updating that list when changes are made in the equipment located on the site.
[11]
The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon an application for a period of an additional two years by the Village Plan Commission upon review of the performance of the operations. Modifications or additional conditions may be imposed upon application for renewal, including an increase in the amount of any surety bond.
[12]
All applicable provisions set forth in the Federal Mining and Safety Act shall be complied with.
(j)
Landfill standards in the M-3 District:
[1]
A statement of intent shall be presented to the Village. The statement of intent shall describe the type of waste that will be placed on the site, whether said waste is deemed hazardous and the manner in which the waste is to be buried. Additionally, the statement of intent shall include the names of the persons who will be responsible for the operation and maintenance of the landfill site.
[2]
A site plan shall be presented to the Village Board. At a minimum, the site plan shall include:
[a]
The dimensions of the proposed landfill site.
[b]
Existing and proposed roadways and easements.
[c]
Existing topography and watercourses.
[d]
A diagram and written statement explaining the proposed location and depth of any proposed excavation, trenching, fill, or other earthwork.
[e]
The location and depth of soil borings.
[f]
The location of any existing or proposed buildings, equipment storage areas, or structures.
[3]
An impact statement shall be submitted to the Village, addressing itself to the impact of the landfill operation on the surrounding environment, community, and economy. Additionally, the impact statement shall include:
[a]
A description of the population and area to be served by the proposed landfill site.
[b]
The estimated daily or weekly volume of material to be disposed of at the landfill site and the source and description of the material.
[c]
The type and amount of equipment to be stored on site for excavating, earthmoving, compaction, firefighting, and other needs.
[4]
A stormwater drainage and tile plan prepared by a certified engineer shall be submitted to Village.
[5]
A detailed rehabilitation/restoration plan and time table shall be submitted to the Village. Included shall be plans to cover the entire landfill area with at least two feet of compacted soil in a manner adequately sloped to allow surface runoff and to be put in place no later than one week after the closure of the landfill site. The rehabilitation/restoration plan shall also include plans to seed the closed site with native grasses no later than the first spring following the closure of the landfill site. The rehabilitation/restoration plan shall include plans for weekly inspections of the site to be made by the Village Engineering Department until the site is deemed stabilized.
[6]
All required state and/or federal licenses and permits shall be submitted to the Village and all federal and state laws and regulations shall be complied with.
[7]
The requirements set forth in Ch. NR 151 and Ch. NR 506, Wis. Adm. Code, as amended from time to time, shall be complied with and the issuance of a conditional use permit shall be conditioned on such compliance.
[8]
A detailed sanitary plan shall be presented to the Village as well as a method of maintaining records of the source and type of waste deposited on the site and its location and date of deposit.
[9]
Landfills shall not be permitted within 2,000 feet of residential, commercial, institutional or conservancy districts or floodplains nor shall any such landfill be permitted within 2,000 feet of any shoreland area. In addition, sanitary landfills shall not be permitted within 2,000 feet of any private or public water supply.
[10]
A performance bond shall be required by the Village to ensure compliance with the conditions set forth by the Plan Commission and which conditions form the basis for the granting of a conditional use permit.
[11]
A corporate surety bond shall be furnished to the Village to assure compliance with the approved rehabilitation map and plan. The bond shall be in an amount to be determined by the Plan Commission sufficient to cover twice the projected expenses of such rehabilitation at the time that the rehabilitation is to occur according to the plan of the applicant. A termination date for the completion of operations and the rehabilitation of the tract shall be imposed at the time of approval based upon the estimated length of time the operation will be necessary.
[12]
An additional bond shall be furnished to the Village to ensure against possible road damage to nearby roads due to the transport of heavy materials.
[13]
Periodic inspections shall be made twice per year by the Community Development Department to ensure compliance with the conditions set forth in this section and the conditions set forth by the Village Plan Commission in granting the conditional use permit.
[14]
In order to prevent fire hazards, minimize odors, and prevent scavenging, all solid waste disposed of in a landfill shall be compacted and completely covered at the end of each operating day with a compacted layer of at least six inches of soil, unless an alternative daily cover material has been approved by the Department of Natural Resources.
[15]
With the exception of any permanent entrances and exits, the sanitary landfill shall be completely surrounded by:
[a]
A temporary planting of fast-growing material capable of reaching a height of 10 feet or more; and
[b]
A permanent evergreen planting, the individual trees to be of such number and so arranged that within 10 years they will have formed a dense screen. Such permanent planting shall be grown or maintained to a height of not less than 10 feet.
[16]
Firefighting equipment shall be available on the landfill site at all times. Arrangements shall be made with the local fire protection agency to immediately acquire its services when needed.
[17]
Road access to the landfill site, passable in all types of weather conditions, shall be provided for.
[18]
Any materials salvaged from the fill must be stored in a building on or off the site in such a manner as to prevent the harboring of pests and vermin. No salvaged material may be left uncovered on the site at the end of each day of operation.
[19]
Gates shall be provided at all entrances and exits and shall be kept locked during the hours when the landfill is not in operation.
[20]
The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon an application for a period of an additional two years by the Village Board upon review of the performance of the operations. Modifications or additional conditions may be imposed upon application for renewal, including an increase in the amount of any surety bond.
[21]
In addition, any of the applicable requirements for granting a conditional use permit for mining or extraction of rock, etc., in the M-3 District may be required.
[22]
All Environmental Protection Agency and Department of Natural Resource regulations shall be complied with, with respect to, but not limited to:
[a]
Contamination of ground and underground water.
[b]
Limitation of explosive gases within landfill structures.
[c]
Monitoring.
[d]
Obtaining water pollution discharge permits.
[e]
Collection and treatment of leachate before discharge.
[f]
Control of rats, flies, and mosquitoes.
[g]
Daily covering of waste material.
[h]
Air quality and open burning of waste except for special wastes, as for example brush or emergencies.
[i]
Security.
[j]
Availability of water or dirt to control accidental or permitted fires.
[k]
Restriction of floodwaters or reduction of water storage capacity of floodplains.
[l]
Bird hazards in the vicinity of airports.
[m]
Modifications of species habitat or interference with migration.
[n]
Hazardous waste regulations.
(5)
Institutional uses within the specified Institutional District.
(a)
Cemetery standards located within the I-1 District:
[1]
The site proposed for a cemetery or mausoleum shall not interfere with the development of a system of collector and arterial streets in the vicinity. In addition, the site shall have direct access to a public roadway.
[2]
Any new cemetery shall be located on a site containing at least 20 acres.
[3]
All burial buildings and crematoriums shall meet the yard requirements of the district. A burial building is any building used for the interment of bodies or other remains of persons who have died, including mausoleums, vaults or columbaria.
[4]
All graves or burial lots shall be set back at least 30 feet from any street bounding the cemetery, and there shall be two side yards and a rear yard of at least 25 feet each.
[5]
Existing cemeteries may continue to operate in a manner consistent with the existing development in the area presently covered by a conditional use permit. Any expansion to land not covered by an existing conditional use permit must comply with the requirements of this section.
[6]
Adequate parking shall be provided on the site, and no cemetery parking shall be permitted on any public street.
[7]
Nothing in these provisions, however, shall prohibit the issuance of a conditional use permit for a pet cemetery, subject to the same standards noted above.
(b)
Temporary classroom structure standards located within the I-1 District.
[1]
A temporary classroom structure is a detached, semidetached or attached nonpermanent building used for a relatively short period of time for instructional purposes for the students at the existing school on the property to be used in an emergency situation as determined by the Plan Commission.
[2]
A conditional use permit shall not be granted unless the Plan Commission specifically finds that a temporary classroom structure is a temporary solution to an emergency situation.
[3]
The petitioner shall provide evidence that an emergency situation exists. A situation which the petitioner could reasonably anticipate, plan for and resolve without a temporary classroom structure shall not be considered an emergency.
[4]
A temporary classroom structure may be allowed for up to three years at a time.
[5]
A temporary classroom structure shall not exceed 1,800 square feet in floor area.
[6]
A temporary classroom structure shall be physically connected or located in close proximity to the school, but in no instance shall the temporary classroom structure be located more than 100 feet from an entrance to the school.
[7]
A temporary classroom structure shall be located a minimum of 50 feet from all property lines.
[8]
A temporary classroom structure shall be connected to municipal sanitary sewer and municipal water systems.
[9]
A temporary classroom structure shall be provided with adequate bathroom facilities within said structure.
[10]
Landscaping and screening may be required.
[11]
The exterior of said temporary classroom structure shall be aesthetically and structurally maintained. An inspection shall be scheduled every six months with the Building Inspector and the Fire & Rescue Department to ensure that said structure is adequately maintained.
[12]
If the Plan Commission grants approval for a temporary classroom structure, the petitioner is hereby put on notice that a feasible plan for implementing a permanent solution to the emergency situation must be developed during the three-year conditional use permit.
[13]
If the petitioner wishes to seek an extension of the permit, then the petitioner may request the Plan Commission grant an extension. Said extension shall not exceed three years. However, prior to the Plan Commission considering an extension, the petitioner shall provide a feasible plan to implement a solution(s) and to remove said structure during the extension period. Said extension shall require that a new application be filed and full compliance with the review and approval procedures as set forth in this Article XVIII.
(c)
Utility substation standards located in the I-1 District.
[1]
Allowed as a principal or accessory use in the underlying district.
[2]
The minimum lot size required in the underling district shall not apply; however, the lot shall be large enough to accommodate the applicable facilities associated with the substation with a minimum lot frontage on a public street of 50 feet.
[3]
A utility substation and associated equipment shall meet the minimum setback requirements of the zoning district.
[4]
The minimum building area requirements of the underlying district shall not apply.
[5]
All utility substations and associated equipment shall be securely fenced, landscaped, screened and marked with appropriate warning signs. The Plan Commission may allow the equipment within the fence area to be located on a gravel surface.
(d)
Animal care facility standards located in the I-1 District.
[1]
The property shall be located a minimum of 250 feet from any residential zoned property.
[2]
Based on the size of the facility, size of the property and animals associated with the facility the Plan Commission may set a maximum number of animals allowed in the shelter.
[3]
All animals shall be kept within an enclosed building.
[4]
The Plan Commission may limit the location of any outside animal area and may require areas to be fenced and screened to provide adequate buffers from adjacent properties.
[5]
An animal care facility is not a kennel.
[6]
Adequate provisions shall be made for the proper disposal of animal waste.
(e)
Outside storage standards in the I-1 District:
[1]
Accessory use to permitted or conditional use in the I-1 District.
[2]
Outside storage area shall not be located in any street yard.
[3]
All outside storage areas a minimum of 300 feet from residential or park districts shall be enclosed by a solid fence with a minimum height of six feet pursuant to the requirements of per Article XI of this chapter. All items stored outside shall be stacked/stored in an organized manner and shall not be stacker higher than the enclosure.
[4]
Screen plantings may be required around the perimeter of the storage area where such perimeter abuts residential districts or where such a screening is deemed necessary depending on surrounding land uses by the Plan Commission.
[5]
A detailed site and security plan shall be required indicating the location of storage areas, the type of material to be stored and a list of all hazardous materials stored on the property along with precautions necessitated by the storage of such hazardous material.
[6]
Lighting shall be required for the storage areas; provided, however, that the glare from said lighting does not shine on adjoining properties.
(6)
Park-recreation uses within the specified Park-Recreational Districts.
(a)
Archery range (outdoor) standards in the PR-2 District:
[1]
All shooting shall be in the direction of targets, and all targets shall be at least 500 feet from any property line.
[2]
Berms shall be five feet in height above the highest point of the target and shall be a minimum of 10 feet in depth so as to absorb stray shot.
[3]
In granting a conditional use permit for archery ranges, the Plan Commission shall further evaluate the potential hazards to adjacent uses, the topography and ground cover, and noise to be generated by such activity and establish reasonable and necessary standards for eliminating or minimizing the potential hazards and noise.
[4]
Firing shall not be permitted directly toward or over any navigable waters or public or private roads or drives or toward any buildings or structures or toward any population concentration within 2,000 feet of the range site.
[5]
There shall be a defined firing line and firing direction and adequate target backstops in addition to the berms aforementioned and a defined target area.
[6]
Ranges shall be clearly identified by signs not less than four square feet in gross area located at intervals not less than 25 yards around the perimeter. Furthermore, ranges shall be securely fenced off from adjacent lands and waters.
[7]
Provisions for first aid may be required.
(b)
Beer garden standards in PR-2 District:
[1]
The Plan Commission may set more restrictive hours for the beer garden uses and activities than specified in the PR-2 District.
[2]
Detailed site plan pursuant to site and operational plan requirements specific in Article IX of this chapter. A dimensioned plan shall be submitted that illustrates the location of the beer garden, fencing or like barrier around the perimeter of the beer garden to adequately protect neighbors, limit noise, and prevent or limit access by underage individuals and provide visibility to the operator, licensee and law enforcement to ensure the premises is complying with alcohol beverage requirements.
[3]
The Plan Commission shall approve the area designated for a beer garden to ensure safe pedestrian and vehicular access to/from the site, adequate parking for beer garden patrons and the operations would not cause a public nuisance, distractions or disturbances to adjacent properties/uses or to an abutting public street.
[4]
The Plan Commission shall evaluate any potential hazards, including noise that may be generated by such beer garden activities and establish reasonable and necessary standards for eliminating or minimizing the potential hazards and noise.
[5]
Adequate parking shall be provided on the site, and no parking associated with the beer garden shall be permitted on any public street.
[6]
Public toilets and facilities meeting all state and local specifications located in close proximity to the area. The Plan Commission may only allow portable toilet facilities for a beer garden located within a PR-2 District, provided that there is an efficient and sanitary means of disposing of waste matter, which is in compliance with all state and local laws and regulations.
[7]
Potable water meeting all federal and state requirements shall be provided. The Plan Commission may only allow portable potable water facilities for a beer garden in compliance with all state and local laws and regulations; and further provided that a lavatory with running water under pressure and a continuous supply of soap and paper towels shall be provided.
[8]
A sanitary method of disposing of solid waste in compliance with state and local laws and regulations, sufficient to dispose of the solid waste production together with a plan for holding and collecting all such waste at least once each day of the assembly and sufficient trash cans with tight-fitting lids and personnel to perform the task shall be provided.
[9]
Compliance with Chapter 410 of the Village Municipal Ordinance entitled "Security Ordinance" for the beer garden area.
[10]
Adequate lighting for safety and security camera visibility for the parking area and the beer garden area shall be provided.
[11]
All signage shall comply with all applicable Village ordinances.
[12]
Subject to obtaining all applicable building and zoning permits pursuant to the Village Municipal Code. A certificate of compliance is required to be obtained for the beer garden.
[14]
Additional conditions may be imposed to ensure compliance with the provisions of this chapter, its purpose and intent and all other applicable federal, state, county and local requirements.
(c)
Campground (commercial) standards in the PR-2 District:
[1]
Each campsite shall be plainly marked.
[2]
The maximum number of campsites shall be 12 per gross acre.
[3]
The minimum size of a recreational vehicle rental park or campground shall be five acres.
[4]
The minimum dimensions of a campsite shall be 30 feet wide by 50 feet long.
[5]
Each campsite shall be separated from other campsites by a yard not less than 15 feet wide.
[6]
There shall be two automobile parking spaces for a campsite.
[7]
No campsite shall be located closer than 75 feet to a public highway or road right-of-way or closer than 40 feet to any other property boundary. All camping units shall be located no closer than 20 feet to any internal private service road. All service roads shall be free of parked vehicles.
[8]
All campgrounds shall conform to the requirements of Ch. ATCP 79, Wis. Adm. Code, which shall apply until amended and then shall apply as amended.
[9]
All campgrounds shall be completely enclosed, except for permitted entrances and exits, with permanent evergreen planting, the individual trees to be of such number and so arranged that within 10 years they will have formed a dense screen; such permanent planting shall be grown or maintained to a height of not less than 10 feet.
[10]
Each campground shall have a service building similar to that required by Ch. ATCP 79, Wis. Adm. Code.
[11]
Any campground may have one commercial facility per development, such as a small convenience store, restaurant or snack bar, etc., located within the complex for use by the occupants only. Under no circumstances may this facility be located on a public road and used for general street trade, and no advertising of the facility shall cater to the general public.
[12]
No trailer or camping unit shall be located on one site for a period of more than six weeks. No trailer shall be stored in the campground.
(d)
Golf course standards in the PR-2 District:
[1]
The site shall be a minimum of 80 acres.
[2]
No structures shall be located within the floodplain.
[3]
Fairways shall be located to avoid golf balls being driven outside of the property boundary lines.
[4]
Courses located in primary environmental corridors shall provide a conservation plan for review and approval.
(e)
Golf driving range standards in the PR-2 District:
[1]
The site shall contain at least 10 acres and shall be of such a configuration as to permit a minimum driving distance of 300 yards from each proposed tee, exclusive of the required buffered area.
[2]
The golf driving range shall maintain a 75-foot front and a 150-foot side setback. The site shall be buffered by indigenous materials and fencing to minimize the impact upon adjoining properties.
[3]
The driving range shall be situated in such a fashion that the safety of adjoining residences and nearby traffic is safeguarded against stray balls.
(f)
Residential quarters standards in the PR-2 District:
[1]
Only allowed as an accessory use.
[2]
One single-family dwelling unit is allowed; however, a second dwelling unit may be allowed by the Plan Commission.
[3]
There shall be a minimum of two automobile spaces provided for each residential unit.
[5]
A manufactured home or mobile home shall not be permitted as five dwelling unit in the PR-2 District.
[6]
One detached accessory garage and/or carport structure per dwelling unit pursuant to § 420-86B(1) of this chapter is allowed.