Princeton City Zoning Code
ARTICLE V
Conditional Uses
§ 430-34 Statement of purpose.
The development and execution of this article is based upon the division of the City of Princeton into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.
§ 430-35 Authority of Plan Commission and Common Council; requirements.
A.
The Common Council hereby authorizes the Zoning Administrator to issue a conditional use permit after review, public hearing, and approval from the Common Council, upon the recommendation of the Plan Commission, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code 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 action, and the resulting conditional use permit, when, 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 Common Council, upon the recommendation of the Plan Commission, shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
B.
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 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 City shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
C.
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 Common Council, upon the recommendation of the Plan Commission, upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
D.
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.
§ 430-36 Initiation of conditional use.
Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.
§ 430-37 Application for conditional use.
An application for a conditional use shall be filed on a form prescribed by the City and a fee paid as prescribed in Chapter 182, Fees. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) 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 § 430-40 hereinafter. The application shall also be accompanied by a list of the names and addresses of all persons owning land within 300 feet of the property for which the conditional use permit is requested. The Plan Commission or Common Council 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.
§ 430-38 Hearing on application. [1]
All requests for conditional uses shall be to the Plan Commission and Common Council, or either body can, on their own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in § 430-37 above, the Plan Commission will accept the request and review it for conformance with the code. The item is then forwarded to the Common Council for a public hearing and final action taken by the Council on each application for a conditional use within 30 days after such request is filed at such time and place as shall be established by the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
§ 430-39 Notice of hearing on application. [1]
Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 notice under the Wisconsin Statutes in the official City newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Common Council and Plan Commission, and the owners of record as listed in the office of the City Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing.
§ 430-40 Standards for conditional uses.
A.
Standards. No application for a conditional use shall be recommended for approval by the Plan Commission or granted by the Common Council, unless these bodies shall find all of the following conditions are present:
(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 governing the site.
(8)
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the Common Council and 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.
C.
Additional considerations. In addition, in passing upon a conditional use permit, the Plan Commission shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on the site.
(4)
The location of the site with respect to floodplains and floodways of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 430-41 Denial of application for conditional use permit.
When an advisory recommendation of denial of a conditional use application is made by the Plan Commission or an actual denial by the Common Council, the City shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission and/or Council has used in determining that each standard was not met.
§ 430-42 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the Common Council 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 § 430-40 above. In all cases in which conditional uses are granted, the City shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Common Council, upon the recommendation of the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Common Council, upon the recommendation of the Plan Commission, may require the use of certain general types of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
§ 430-43 Validity of conditional use permit.
Where a conditional use application has been approved or conditionally approved, such approval shall become null and void within 24 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 performed. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Common Council may extend such permit for a period of 90 days for justifiable cause, if application is made to the Common Council at least 30 days before the expiration of said permit.
§ 430-44 Complaints regarding conditional uses.
The Common Council 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 Common Council 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 § 430-40 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 430-39 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Common Council may, in order to bring the subject conditional use into compliance with the standards set forth in § 430-40 or conditions previously imposed by the Common Council, 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 assure that § 430-40A and B will be met, the Common Council may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Common Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
§ 430-45 Bed-and-breakfast and short-term rental establishments.
[Amended 2-27-2018 by Ord. No. 01-2018; 8-27-2024 by Ord. No. 02-2024]
A.
As conditional use. Bed-and-breakfast and short-term rental establishments shall be considered conditional uses and may be permitted in residential districts pursuant to this article upon going through the conditional use permit process.
B. BED-AND-BREAKFAST ESTABLISHMENTS SHORT-TERM RENTAL ESTABLISHMENTS
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-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.
Any place that provides lodging for short-term rentals, which may include stays for any period of less than seven consecutive nights.
§ 430-46 Home occupations.
A.
Intent. The intent of this section is to provide a means to accommodate a small family home-based business or professional home office as a conditional use 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.
B.
Restrictions on home occupations. Except as provided in Subsection C below, home occupations are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.
(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)
There shall be no demand for parking beyond that which is normal to the neighborhood. In no case shall the home occupation cause more than two additional vehicles to be parked on or near the premises.
(6)
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises. This shall not be interpreted to include delivery and/or pick-up services such as United Parcel Service, Federal Express, etc., in the conduct of their normal operations.
(7)
No more than 25% of the gross floor area of the principal building shall be utilized by the home occupation.
(8)
The home occupation is restricted to a service-oriented business; the manufacturing of items or products or the sale of items or products on the premises is prohibited.
(9)
The types and number of equipment or machinery may be restricted by the Common Council.
(10)
Activities which involve the manufacture, utilization, processing or storage of chemicals or inflammable and explosive material shall not be permitted.
(11)
Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.
(12)
No more than one nonresident employee may work on the home occupation premises.
C.
Permitted use exception.
(1)
A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of Subsection B above are complied with, and no more than one person works on the premises, no customers regularly come to the house, and the business is service-oriented and not engaged in retail trade. A conditional use permit shall be first obtained for home occupations that exceed the standards of Subsection B. Sale or transfer of the property shall cause the conditional use permit to be null and void.
(2)
Persons engaged in building trades or similar fields, using their dwelling units or residential premises as an office for business activities carried on and off the premises, may have more employees than the limitations set forth in Subsection B(12) of this section if they are not employed on the premises. If such employees regularly come to the premises to take work assignments, however, a conditional use permit shall first be obtained.
D.
Nameplate sign allowed. Only one nameplate sign shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed six square feet in area and shall be nonilluminated. Such sign shall have minimum of a ten-foot setback from a public right-of-way or lot line. The limitation of one nameplate is intended to apply to all lots, including corner lots.
[Amended 9-28-2012 by Ord. No. 2012-02]
E.
Permitted home occupations. Permitted home occupations include, but are not necessarily limited to, the following:
(1)
Artists or sculptors.
(2)
Authors or composers.
(3)
Home crafts such as model making, rug weaving and cabinet making.
(4)
Office facility of a minister, rabbi, or priest.
(5)
Office facility of an attorney, architect, professional engineer, surveyor, landscape architect, insurance agent or real estate agent.
(6)
Private tutoring limited to three pupils at any one time.
(7)
Musical instruction limited to two pupils at a time.
(8)
Dressmaking.
F.
Home occupations not permitted. The following uses, by the nature of the investment or extent of operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, home occupations not permitted include, but are not necessarily limited to, the following:[2]
(1)
Antique shops.
(2)
Stables.
(3)
Medical offices, including, but not necessarily limited to, physicians, surgeons, dentists, chiropractors, or optometrists for the general practice of the profession, except for consultation or emergency treatment.
(4)
Automobile repair or paint shops.
(5)
Restaurants and bakeries.
G.
Unlisted home occupations. Any proposed home occupation that is neither specifically permitted by Subsection B or E nor specifically prohibited by Subsection F shall be considered a conditional use and be granted or denied by the Plan Commission upon consideration of those standards contained in Subsection B and § 430-40 and in accordance with the procedures as required in Article V of this chapter.
H.
Permits for home occupations.
[Added 11-14-2006 by Ord. No. 2006-25[3]]
(1)
Purpose. The purpose of this chapter is to regulate the owners and operators of home occupations to ensure compliance of such businesses with this code.
(2) HOME OCCUPATIONS
Definition. As used in this chapter, the following term shall have the meanings indicated:
(3)
Home occupation permit required. No person shall own or operate a home occupation without first obtaining a permit to do so in accordance with the terms and provisions of this chapter.
(4)
Application for owner's or operator's permit. Applications for home occupation permits shall be made in writing to the Zoning Administrator upon forms furnished by him or her. The application shall include information sufficient to determine whether the home occupation qualifies under § 430-46 of this chapter.
(6)
Inspection. Prior to issuance of an initial permit, the Zoning Administrator shall inspect the premises of the home occupation to ensure that the business complies with all municipal code requirements.
(7)
Existing nonconforming occupations. The lawful nonconforming occupation existing at the time of the adoption or amendment of this chapter may be issued a permit and continued so long as a valid permit is intact. If at any time the permit lapses, the applicant is subject to the regulations and requirements currently in place for home occupations as established in § 430-46 of this chapter.
(8)
Suspension, revocation, or denial of renewal of permits. The Zoning Administrator shall have the right to suspend or revoke any permit once granted or deny annual renewal thereof when it appears that any permittee has violated any of the provisions of this chapter, or any ordinance of the City, or law, rule or regulation of the State of Wisconsin, involving building codes or home occupations. Prior to the suspension or revocation of any permit or the denial of an application for a renewal thereof, written notice of the reason for such action shall be given to the applicant or permittee by the officer. Such notice shall state that the applicant may pursue an appeal to the Common Council by filing a request within 10 days of such notice.
(9)
Violations and penalties. Any person violating this Subsection H or any part of § 430-46, shall be subject to a forfeiture as prescribed by § 1-3 of Chapter 1, Article I, Construction and Penalties, for each and every offense, together with the costs of prosecution. This subsection shall also permit the City Attorney to apply to the court of competent jurisdiction for a temporary or permanent injunction restraining any person from continuing to operate in violation.
§ 430-47 Resource extraction.
A.
Intent. It is the intent of this section to permit resource extraction by conditional use permit in the vacant outlying areas of the City as a temporary or transitional use of land with assurances that later re-use for other permissible uses and structures is possible.
B.
Location. Location shall be appropriate to existing development and development which may reasonably be expected within the time period specified herein. The site shall be so located as to make it unnecessary to conduct trucking operations on local or collector streets through established residential development, and unnecessary for special improvements or maintenance of public facilities at public expense.
C.
Area. The tract shall consist of a minimum of five acres with dimensions sufficient to adequately accommodate the proposed use with minimum adverse effects on adjacent land.
D.
Character of use. Permitted uses of operations shall include the removal for sale, processing, or use of topsoil, fill, sand, gravel, rock or any mineral. No material shall be brought from off the site for sale, processing or similar purposes. No processing or excavating shall be permitted within 200 feet of any exterior boundary line of the tract.
E.
Plan for development and plan for rehabilitation. In addition to applicable site plan requirements, and any other studies or reports which may be required, each application shall be accompanied by a plan for development and a plan for rehabilitation. The plan for development shall show the proposed operation as planned and staged over a four-year period in relation to the entire tract. The plan for development shall include the following information: present topography, drainage and soils; the topographic, drainage, and other features to be altered in connection with the operation; the feasibility of the proposed operation without hazards or damage to other properties by reason of flooding, rises in groundwater levels, erosion, excessive slopes, cuts and fills, or other reasons; the methodology of the proposed operation; where and how traffic to and from the development is to be handled; and where equipment will be operating and stored. The plan for rehabilitation shall show how the entire tract is to be rehabilitated and left for reuse and shall include the following information: feasible circulation patterns in and around the tract; treatment of exposed soil or subsoil and the measures to be taken to replace topsoil; fill methods, materials, and depths; topography and treatment of slopes to prevent erosion; and delineation of drainageways. Remaining intermittent lakes, or marshes shall be prohibited except where such conditions preceded development.
F.
Time limitations. No conditional use permit shall be issued for a period exceeding six years consisting of not more than four years for the development or exploitation phase and not more than two years for the rehabilitation phase. Upon expiration of the four-year development phase, the applicant may request extensions of this phase on an annual basis thereafter, unless changing conditions indicate the extension will be detrimental to the public interest. Any extension shall require the submission of a development plan and re-use plan and may involve additional conditions if the operation is expanded or enlarged from that previously proposed. If such an extension is denied, the applicant shall complete the rehabilitation phase as proposed, within the two-year time period specified.
G.
Financial capability. To insure completion of the rehabilitation phase as proposed and within the two-year time period specified, each applicant shall submit a performance bond sufficient in amount to cover the rehabilitation expense relative to the proposed development or any extensions thereto.