(a)

Approval required: Certain uses and situations are of such a special nature or are so dependent upon actual contemporary circumstances that it is impractical to predetermine the permissibility of such uses or to detail in this chapter 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 the application and all requirements and conditions established by the Village relating to the conditional use are, or shall be satisfied, both of 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. Any other uses not specifically listed shall require an amendment to this Code to be considered by the Plan Commission and Village Board.

(b)

Basis for approval: The determination of whether to approve or deny or conditionally approve such conditional use shall be made by the Village Board, upon receipt of a recommendation from the Plan Commission, and shall be based on substantial evidence. Substantial evidence means facts and information, other than merely personal preferences 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. Any condition imposed by the Village must relate to the purpose of the ordinance, be reasonable, and to the extent practicable, measurable. Conditions shall be established to ensure that the proposed use will not:

(1)

Violate the spirit or intent of the Village of Raymond Comprehensive Plan or this Code.

(2)

Be contrary to the public health, safety or general welfare.

(3)

Be hazardous, harmful, noxious, offensive or a nuisance by reason of appearance, noise, dust, smoke, odor or other similar factors.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

Application: Application for conditional use permits may be made by an individual property owner, group of owners, by a municipality, or similar agency on behalf of a larger property area where said proposal may benefit a larger group or entire community. Application shall be made to the Village Zoning Administrator and shall include:

(1)

Completed conditional use application form available from the Village Zoning Administrator.

(2)

An accurate legal description of the property by lot, block, recorded subdivision, or metes and bounds.

(3)

A site plan and plan of operation in accordance with Article 4.

(4)

Additional information as may be required by the Zoning Administrator, Village Engineer, Village Attorney, the Village Plan Commission, or Village Board.

(5)

A fee, as may be established by the Village Board and periodically modified, shall accompany each application. Such fees shall be paid to the Village of Raymond to defray the cost of official notification and posting of the public hearing. Cost incurred by the Village in obtaining legal, planning, engineering, publication, and notice requirements, and other technical and professional advice in connection with review of the conditional use applications and preparation of conditions to be imposed on such uses, shall be charged to the applicant, and, if required by the Village, a professional services reimbursement agreement form covering the costs shall accompany the application.

(6)

Where necessary, to comply with certain regulations established by applicable laws, applications shall be required to be submitted to the other governmental bodies having jurisdiction which may include the State Department of Natural Resources, the United States Army Corps of Engineers, and/or Racine County.

(b)

Public hearing:

(1)

Upon receipt of the application, the foregoing data and fees, the Village Zoning Administrator shall establish a date for a public hearing by the Village Board, and shall publish notice of said hearing twice, with the last publication being one week prior to the hearing, in a newspaper of general circulation in the area of the proposed conditional use. The Village Zoning Administrator, or designee, shall give notice of the public hearing by first-class mail to the owners of all lands within 500 feet of any part of the land included in such conditional use at least 10 days before such public hearing. If the applicant is a governmental entity or group of property owners and the area affected by the proposed conditional use is so large such that the Village Board finds the first-class-mail notice to the owners within 500 feet to be unnecessarily burdensome, the Village Board may waive the first-class-mail notice requirement.

(2)

A copy of the notice of public hearing along with pertinent information relative to the specific nature of the matter (copy of application and map) shall be transmitted without delay to any other governmental agencies having jurisdiction by first-class mail not less than seven days prior to the date of the public hearing. Testimony of all interested parties will be received at the public hearing and the Village Plan Commission, following the public hearing date, shall take action within a reasonable time to either recommend approval or denial of the application along with any recommended conditions of approval or reasons for recommending denial to the Village Board.

(c)

Determination: Final review and approval. The Village Plan Commission shall provide a recommendation on the proposal as submitted along with requirements as may be established or recommended by other governing bodies having jurisdiction. The Village Board, upon receipt of a recommendation from the Plan Commission, shall approve or deny the application. If the Village Board approves the conditional use, any conditions imposed by the Village shall be made an integral part of the conditional use permit. The applicant shall comply with these conditions, and any failure to comply with the conditions set forth in the conditional use permit shall constitute a violation of the terms of the conditional use permit. Such violation shall constitute a violation of this Code and will be subject to prosecution and penalties under the terms of this Code.

(d)

Time limitations: Conditional use permits shall expire within nine (9) months unless substantial work has commenced pursuant to such approval.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

Standard requirements.

(1)

Except as may be specifically otherwise provided for by this Code, any such use shall conform to any building location, height, and area regulations of the district in which it is located.

(b)

Modification of regulations.

(1)

Requirements applicable to uses permitted by right or as accessory uses in any district by the regulations of this ordinance may be modified or waived by the Plan Commission in their application to a conditional use if in the Commission's opinion they are not appropriate or necessary to the proper regulation of the conditional use, and where such modification or waiver would not in the Commission's opinion result in adverse effect upon surrounding properties.

(c)

Modification of existing conditional use permit.

(1)

Should the conditions of the area in which a conditional use exists change such that the conditional use allowed by the permit presents an imminent and substantial threat to public health, safety, or property, the committee may review such conditional use permit upon notification and hearing as set forth in this chapter. Any review conducted hereunder shall be limited to revision of the permit to eliminate the threat(s) to public health, safety, or property. Revision of the permit may include addition and/or deletion of specific conditions.

(2)

The Zoning Administrator and/or the Plan Commission may make decisions if a conditional use permit change request constitutes a substantial change that requires new public hearing and Plan Commission approval.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

In reviewing the proposed conditional uses, the plan commission and the Village Board shall be guided by the following standards and requirements:

(1)

All conditional uses must be in accordance with the purpose and intent of this chapter and shall not be hazardous, harmful, offensive or otherwise adverse to the environmental quality, water quality, shoreland cover or property values in the county and its communities.

(2)

A review of the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effect of the proposed use, structure, operation and improvement upon flood damage protection, water quality, shoreland cover, natural beauty and wildlife habitat.

(3)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal systems, higher performance standards, street dedication, certified survey maps, floodproofing, ground cover, diversions, silting basins, terraces, stream bank protections, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or additional parking may be required by the planning and zoning commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter and the State Water Resources Act of 1965, and to meet the provisions of state's floodplain, and shoreland management programs.

(4)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses. Variances shall only be granted as provided in Section 20-31 et seq.

(5)

With respect to conditional uses within shorelands, the standards set forth in W.S.A., § 144.26(5)(a), in particular as they relate to the avoidance or control of pollution.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

The grant of conditional use in such case shall be based upon the existing conditions at that time and any expansion or change in use shall require changing of the conditional use permit.

(b)

Petition may be made at any time for expansion or other change of the conditional use permit and such petition shall not prejudice the existing permit as herein authorized.

(c)

Conditional use status granted under previous zoning regulations shall be considered in effect under this ordinance subject to the conditions established by the original permit. Any expansion or other change, however, shall be subject to the provisions of this ordinance.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

Any conditional use granted under this Section that is discontinued or terminated for a period of twelve (12) consecutive months or eighteen (18) cumulative months in a three (3) year period (A business of a seasonal nature shall not be deemed to be discontinued during periods in which it is normally inactive, i.e. summer camps, snowmobile courses, ski areas, marinas, quarries, etc.) shall be considered abandoned and any future use thereof will require Village review and approval.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

No person, firm or corporation shall violate, disobey, neglect or refuse to comply with or abide by the terms and conditions of a conditional use permit.

(b)

The failure of any person, firm or corporation to obtain a conditional use permit when required shall constitute a violation of this chapter.

(Ord. No. 2024-6-24, 10-28-2024)

(a)

Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the Zoning Administrator or should the use, or characteristics of the use be changed without prior approval by the Village Board, the Conditional Use Permit may be revoked. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this Section.

(Ord. No. 2024-6-24, 10-28-2024)

The following are conditional uses found in various zoning districts in this code. Each conditional use has further requirements for approvals as follows:

(a)

Airstrips, landing fields and hangers.

(1)

The area shall be sufficient and the site otherwise adequate to meet the standards of the Federal Aviation Agency and the Wisconsin Department of Transportation and any other federal or state agency retaining jurisdiction over such airstrips and landing fields in accordance with their proposed rules and regulations. In no case shall the parcel be less than 35 acres in size.

(2)

Any building, hangar or other structure shall be at least 100 feet from any street or boundary line.

(3)

Any proposed runway or landing strips shall be situated so that the approach zones are free of any flight obstructions, such as towers, chimneys, other tall structures or natural obstructions outside the airport site.

(4)

There shall be sufficient distance between the end of each usable landing strip to satisfy the requirements of the aforementioned agencies, and no landing strip shall be within 200 feet of any property line. If air rights or easements have been acquired from the owners of abutting properties in which approach zones fall, satisfactory evidence thereof shall be submitted with the application.

(5)

Airstrips and landing fields in the "A" Districts are intended only for the use of the property owner and/or emergency landings. No commercial operation shall be permitted with the exception of crop dusting.

(6)

Storage of any combustible fuels shall be in accord with any state and federal regulations and due consideration shall be given so as to ensure safe storage of such fuels.

(7)

Special consideration shall be given to the installation of equipment normally associated with the use of airplanes, such as proper ground markings and lighting, wind direction signals, firefighting extinguishers, radio communications equipment, and tie-down spaces.

(8)

No more than two planes shall be housed on the premises.

(9)

No conditional use permit shall be given unless all necessary federal and state permits have been placed on file with the Zoning Administrator.

(b)

Adult Establishment uses.

(1)

No more than one adult establishment may be established on any one parcel.

(2)

No adult establishment may be established within 1,000 feet of any other adult establishment.

(3)

No adult retail establishment may be established within 1,000 feet of any sensitive land use.

(4)

No adult entertainment establishment may be established within 1,000 feet of any sensitive land use.

(5)

All adult entertainment establishments shall be located within 300 feet of a state trunk highway right-of-way (maintained and traveled), as indicated on the map of the official layout of the State Trunk Highway System of Racine County prepared by the State of Wisconsin Department of Transportation in accordance with Wis. Stats. § 84.02(12), and as currently on file with the Racine County Clerk and Racine County Highway Commissioner, and as subsequently amended, and shall not be located within 1,000 feet of the right-of-way of the intersection of another state trunk highway or any federal or county trunk highway, or any other road.

(6)

For these purposes, distance shall be measured in a straight line from the closest point of the structure or portion of the structure occupied or proposed for occupancy by the adult establishment to the nearest lot line of the other parcels of property to which these location requirements apply.

(c)

Animal hospitals, veterinarian clinics, commercial kennels (including "doggy daycare" and pet sitting businesses).

(1)

All animals shall be kept within an enclosed structure and no structure or animal enclosure shall be located closer than 100 feet to a property boundary.

(2)

Adequate provisions shall be made for the proper disposal of animal waste.

(3)

Buildings to house animals shall be constructed with materials, such as concrete, etc., so as to deaden noise.

(d)

Arenas and stadiums.

(1)

At least one off-street parking space shall be provided for every three seats located within the arena or stadium.

(2)

The site shall have direct access to federal, state or county highways.

(3)

An application for a conditional use permit shall be accompanied by a report setting forth the proposed operation of the arena or stadium.

(e)

Automotive body repair.

(1)

All outside storage of vehicles shall be properly screened, fenced and secured. Fences shall be of uniform design and height and be properly maintained for aesthetic purposes.

(2)

The premises shall not be used for storage of wrecked and/or dismantled vehicles.

(f)

Automotive and marine sales, service and repairs including related towing.

(1)

All servicing and repair work shall be within an enclosed structure. Repair materials, new, used or junk parts shall not be stored outside unless the storage area has a solid fence enclosure. Junk materials shall be removed at least once a month to avoid unsightliness of the site. Fences shall be of uniform design and height and be properly maintained for aesthetic purposes.

(2)

No cars or boats shall be parked within the vision triangle, and all parking lots shall meet all yard requirements.

(3)

Lights shall not be beamed directly onto adjoining property.

(g)

Bed-and-breakfast.

(1)

The site plan shall include a parking plan.

(2)

All requirements set forth in Wis. Stats. § 97.605, and Ch. ATCP 73, Wis. Adm. Code, shall be fully complied with. Necessary state permits and licenses shall have been secured.

(3)

All requirements of the Racine County Sanitary Code shall be fully complied with. Existing on-site soil absorption sewage disposal systems shall be evaluated prior to the issuance of a conditional use permit.

(4)

The owner of the bed-and-breakfast establishment shall reside in the establishment. No bedrooms shall be permitted to be located in an accessory structure.

(5)

No more than four bedrooms shall be rented.

(6)

Individual rentals shall not exceed five consecutive days in length.

(7)

No retail sales shall occur in a bed-and-breakfast establishment.

(8)

One exterior advertising sign, not exceeding four square feet in area, may be erected on the premises.

(h)

Bus Depots.

(1)

One exterior advertising sign, not exceeding four square feet in area, may be erected on the premises.

(i)

Carwashes.

(1)

Car washes shall be located on a public sanitary sewer and on federal, state or county highways.

(2)

A traffic flow pattern shall be submitted to the Commission.

(j)

Cemeteries and mausoleums.

(1)

The site proposed for a cemetery 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.

(k)

Commercial Egg production.

(1)

The site shall contain a minimum of 50 acres.

(2)

There shall be submitted a detailed site plan showing all building locations and distances and the capacity of each building.

(3)

There shall be submitted to the Plan Commission for its approval a detailed plan as to how manure is to be handled. This shall include such items as drying and storage facilities, hauling methods, location(s) where manure is to be spread and distances to the surrounding residential structures.

(4)

There shall be submitted detail of all types of equipment used in handling process of manure.

(5)

There shall be provided a plan for odor control, such as ozinators, etc.

(6)

There shall be provided a detailed day-to-day management plan for total operation.

(7)

There shall be provided a vermin, rat and insect control plan for all facilities on the premises.

(8)

All buildings housing chickens shall be located at least 500 feet from any property boundary line.

(9)

There shall be provided a detailed stormwater drainage plan between all buildings and feedlots.

(10)

There shall be provided a sealed vermin-proof container for all dead chickens, and further, the owner and operator shall present the Plan Commission with proof that the operator has contracted with a licensed renderer to haul all dead chickens off the premises on a weekly basis. Further, the owner shall be required to show that hauling is being performed at last once a week.

(l)

Commercial Recreation facilities.

(1)

Applicants for a conditional use permit for a commercial recreational facility (outdoor) must submit detailed development plans with timetables and necessary bonding to ensure performance.

(m)

Commercial truck parking.

(1)

The minimum lot area shall be at least three (3) acres.

(2)

The parking and storage of commercial or industrial type vehicles (trucks, construction vehicles, grading equipment, buses, semi-trailers and tractors, other trailers, and similar vehicles and related equipment, etc.) may be allowed as long as the vehicle is owned or leased and operated by the owner or occupant of the premises. Refrigerator trucks are prohibited.

(3)

No such use shall be allowed on any parcel except as may front directly upon and have access to an arterial or collector street, as defined in the county-established street and highway width map.

(4)

No more than three such vehicles or pieces of equipment may be parked or stored on the occupant's property. The type of vehicles allowed shall be specified in the conditional use permit application or conditions of approval. All such vehicles and equipment shall be fully operative and in active use. Where considered appropriate, two semi-trailers may be allowed, but no more than one semi-tractor or "cab" unit.

(5)

The Plan Commission shall specify the area on the property where the vehicles shall be parked or stored. No such vehicle may be parked or stored closer than 50 feet to any adjacent lot line, and not closer than 100 feet from the base setback lines. Vehicles shall only be parked or stored in an area with adequate screening from view from adjacent properties and public rights-of-way.

(6)

If a conditional use permit application involves the storage of more than two (2) vehicles or involves the construction of buildings to house, service, or maintain the vehicles, the use shall not be considered a commercial parking lot and not to be considered as a conditional use under this section.

(7)

In determining whether or not the proposed conditional use permit should be issued, a determination of compatibility with adjacent land uses shall be made by the Village Board, upon receipt of a recommendation from the Plan Commission, in issuing this conditional use permit. If it is determined that it would be incompatible and represents an adverse effect or nuisance to adjacent land uses, the conditional use permit will not be issued.

(8)

Notwithstanding anything contained herein to the contrary, the parking of agricultural equipment in an agricultural zoning district, and the parking of one panel van or pickup truck of a commercial nature in any zoning district, shall be permitted and shall not be subject to the requirement provided by this section.

(n)

Community Living Arrangements (serving more than 8 persons).

(1)

A report and license from the Department of Health Services relating to the suitability of the premises for use as a community living arrangement shall accompany 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 the Commission.

(2)

The applicant for a conditional use permit for a community living arrangement shall state on his application the purpose for the community living arrangement, the type of individuals that will reside on the premises and the plan for supervising and administering to the needs of the residents.

(3)

There shall be continuous twenty-four-hour-a-day supervision for the residents in the community living arrangement facility.

(4)

There shall be one off-street parking facility for every four residents in the facility.

(5)

The owner and supervisors for the facility shall appear before the Plan Commission in person.

(6)

Noises and disturbances such as loud music which may be heard on adjoining property shall be prohibited after 10:00 p.m.

(7)

Unless greater restrictions are set by the State of Wisconsin, there shall be not more than three residents per 120 square feet of bedroom living area.

(8)

The premises shall be located on a sanitary sewer.

(9)

The premises shall be located on a minimum of one acre of land.

(o)

Concrete and asphalt batch plants temporarily located on a parcel.

(1)

Federal and state air quality standards shall be complied with.

(2)

Conditions may be set with respect to hours of operation and ingress and egress to the premises.

(3)

The premises shall be properly secured.

(p)

Contractor's Yard.

(1)

The minimum lot area shall be at least five acres in all districts where allowed, except the "M" Districts where the minimum lot area shall be three acres.

(2)

The outdoor storage areas shall be fenced with a six-foot-high solid fence.

(3)

All buildings used in the conduct of the business shall be located at least 100 feet from the lot line of an adjoining lot in a residential district or at least 50 feet from a lot line of an adjoining lot in any other district.

(4)

No such use shall be allowed on any parcel, except as may front directly upon and have access to an arterial or major collector street, as defined in this Code.

(5)

A planting screen at least 10 feet high in initial height shall be provided between any abutting property line and the proposed use. The Village Plan Commission or Village Board may increase or decrease the planting screen requirements based on location and compatibility of zoning and use with abutting properties.

(6)

In determining whether or not the proposed conditional use should be approved, the Village Board, upon receipt of a recommendation from the Plan Commission, shall make a determination that the proposed conditional use is compatible with adjacent land uses. If it is determined that the proposed conditional use would in any way be incompatible with the adjacent land uses or represent an adverse effect or nuisance to adjacent land uses, the proposed conditional use shall not be approved.

(q)

Event Barn.

(1)

The minimum lot area shall be 20 acres.

(2)

No building, structure, or outdoor use associated with the event shall be located less than 100 feet from any adjacent lot line permitting a residential use except as follows. No parking to be located less than 50 feet from any adjacent lot line permitting a residential use. No building, structure, outdoor use or parking associated with the event shall be located less than 250 feet from any residence not owned by the applicant.

(3)

The operator of the event barn shall reside on the same lot as the event barn or a lot immediately adjacent.

(4)

The subject property must abut directly upon an arterial or collector street as defined in the Village of Raymond Code of Ordinances and the event access to the parcel shall be from the arterial or collector street. Property access on a collector street shall be no further than one mile from an arterial street.

(5)

Events must be served by a private on-site waste system (not including portable facilities) and a private on-site well, a municipal sewer system and municipal water system, or a combination of both. Restroom facilities associated with the private waste system shall be located within the event barn. Private systems shall be sized appropriately for the building occupancy and approved by Racine County.

(6)

Events shall be limited to no more than one event per day with no more than three events per calendar week. For the purpose of this condition, an individual event shall include one entire occasion. For example, a scenario in which a renter reserves the site for a Saturday wedding but is also on-site for a Friday rehearsal and Sunday gift opening would be counted as one event.

(7)

There shall be no more than 300 attendees per event. "Attendees" include all persons present at any time, including employees, catering services and other support service providers, property owners, staff, operators, hosts, guests and invitees without limitation. Use of structures and capacity is required to comply with all federal, state and local fire and building code regulations.

(8)

Events shall not begin prior to 8:00 a.m. or continue past 11:59 p.m. on Friday and Saturday and shall not begin prior to 8:00 a.m. or continue past 10:00 p.m. Sunday through Thursday. These limitations apply to setup and takedown activities associated with an event and the arrival and departure of attendees.

(9)

Alcohol shall not be served past 11:00 p.m. on Friday and Saturday and 9:00 p.m. on Sunday through Thursday.

(10)

No sale of alcohol is permitted unless an alcohol beverage license for the event barn is obtained from the Village of Raymond.

(11)

There shall be no outdoor sound amplification devices used in association with outdoor event areas before 9:00 a.m. or after 8:00 p.m. There shall be no sound amplification within buildings before 9:00 a.m. or after 11:00 p.m. Sound amplification devices shall be located at least 100 feet from all property lines and directed to minimize impact to adjacent properties and shall comply with Article 7 of the Village of Raymond Code of Ordinances.

(12)

Exterior lighting to be used in association with events shall not exceed 15 feet in height above the ground, and light sources shall not be visible from the lot lines measured five feet above the lot line.

(13)

There shall be no open fires associated with the operation, except where approved by the Village of Raymond, in writing, within specifically designated locations.

(14)

The minimum number of parking spaces shall be equal to one parking stall per three attendees, as defined above. At no time shall the number of attendees exceed three times the number of stalls.

(15)

All parking areas shall be clearly defined and designed with appropriate surface materials determined by the Village Plan Commission based on surrounding aesthetic character and uses, topography and drainage, and potential for dust.

(16)

There shall be no parking associated with the event barn on any public road.

(17)

Any area occupied by outdoor tents shall not exceed the square footage of the event barn.

(18)

The Plan Commission may require landscaping/screening for parking and outdoor areas used in conjunction with events to provide buffering for adjacent residential uses.

(19)

The exterior of buildings to be used for event activities may be repaired or refurbished but shall not be substantially modified as to significantly alter the character as determined by the Village Plan Commission.

(20)

The floor area of an existing building to be used for event activities may be expanded for event activities by no more than 10%, provided all building and zoning requirements are satisfied. This does not include alterations made to accommodate for items, such as access or circulation, which will be considered on a case-by-case basis.

(21)

The proposed event barn, including the site plan and access, shall be reviewed by the Village of Raymond Fire Department Chief (or designee). The event barn and property shall comply with any and all recommendations provided by the Fire Chief (or designee). Such inspection is for the Village's purposes and shall not be relied upon by the property owner as any assurance of safety nor of compliance with all applicable laws, which shall be solely the responsibility of the owner and event barn operator.

(22)

The event barn conditional use permit shall be reviewed every two years by the Village Plan Commission to determine compliance with the conditions and requirements of the permit and may be terminated in accordance with the Village of Raymond Code of Ordinances.

(23)

The Plan Commission, at its sole discretion and in accordance with the flexibility afforded in the Village Code, specifically as it relates to Village code of ordinances, may modify requirements related to site access, including driveway dimension, setbacks, width and appropriate surface materials. Modification shall be based on a specific site's existing conditions, including offsets and setbacks, existing improvements, including surface materials, surrounding aesthetic character and uses, topography and drainage, and potential for dust. The Plan Commission may require additional landscaping/screening for the parking lot and access areas. All site access modification by the Plan Commission requires review and approval by the Raymond Fire Department Chief (or designee).

(r)

Fireworks sales on retail or wholesale basis.

(1)

A detailed site plan shall be submitted with the application for a conditional use permit.

(2)

The property on which the proposed use lies shall abut a state or county trunk highway.

(3)

The property on which the proposed use lies shall not contain a dwelling unit or accessory dwelling unit.

(4)

All or a part of the building in which the use is proposed to take place shall lie within 300 feet of the center line of a state or county trunk highway.

(5)

The property on which the proposed use lies shall have direct access to a state or county trunk highway.

(6)

Adequate area must be available on the site to provide a parking space sufficient to handle all anticipated traffic with proper ingress and egress to public roads. An on-site traffic/parking plan shall be required.

(7)

No outside storage of any product, vehicle or of packing and crating materials shall be allowed.

(8)

Each building in which the use is proposed to take place shall be equipped with an automatic sprinkler system designed and installed in accordance with NFPA regulations and as approved by the Village of Raymond Fire Department.

(s)

Feedlot operations.

(1)

No operation, farm or facility shall be permitted on less than 35 acres of tillable land nor closer than 1,000 feet from any land presently zoned for a residential district.

(2)

No accessory residence shall be permitted closer than 100 feet to an operation, farm or facility.

(3)

No part of the operation, farm or facility shall be closer than 300 feet from the centerline of any public road or closer than 200 feet from the lot lines of the site on which the operation, farm or facility is situated.

(4)

Information to be submitted.

a.

A site plan showing drainage, structures, and the methods to be employed to control, contain or divert runoff of animal wastes.

b.

A plan of operation detailing the method of operation and the equipment necessary to accomplish safe and sanitary disposal of animal wastes. Farmers are encouraged to seek advice from Racine County, Wisconsin Department of Natural Resources (Wis DNR), or applicable agencies.

c.

A statement of the number of animals to be contained in the proposed animal feed lot. This plan shall include numbers, type and weights. Any increase in the number of animal units for a period of more than 30 days shall be reported to the Village Plan Commission and Village Board.

d.

A statement detailing the method of animal collection, storage and disposal to be employed.

e.

A waste management plan approved by Racine County, Wisconsin Department of Natural Resources (Wis DNR), or applicable agencies.

(t)

Fueling stations.

(1)

A detailed site plan shall be submitted, showing all structures and their distances, including canopies, pump islands, light poles, tower signs, storage tank locations, etc.

(2)

All canopy posts shall be at least 30 feet from any property line. No canopy shall exceed 20 feet in height.

(3)

Canopies shall not be permitted to overhang past the property line.

(4)

All pumps shall be set back at least 30 feet from any property line.

(5)

Fueling stations for semitrailers shall have their ingress and egress located in such a fashion as to give due regard to topography and public road and pedestrian traffic, taking into consideration hills, curves, speed limits and vision clearance.

(u)

Home-based agricultural related business (HBARB).

(1)

Allowed as a conditional use approval in all agricultural districts.

(2)

The operator shall reside in a residence on the property.

(3)

The operator shall grow the primary portion of materials or products sold onsite.

(4)

The HBARB must be located on a parcel not less than five (5) acres in area.

(5)

Maximum two (2) persons other than members of the immediate family may be employed in the HBARB at any given time.

(6)

Any signage associated with the HBARB must comply with Code of Ordinances and will require zoning permit approval.

(7)

Any structure that is utilized at the subject site that is associated with any aspect of the HBARB must meet the principle structure setbacks for the zoning district.

(8)

Any accessory building used in association with the HBARB shall be clearly incidental to the principle use.

(9)

Retail sales of ancillary non-agricultural items is subject to detailed plan approval by the committee and local municipality.

(10)

Proper sanitation approval must be obtained in full compliance with state sanitation codes.

(11)

The HBARB product must consist of farm commodities that are entirely, or the majority of which are, planted or produced on the farm premises, or are agriculturally related.

(12)

Food shall not be served to patrons other than small sample of product produced by the HBARB.

(13)

Limited outside customer activity may occur on the premises in accordance with town/county approval.

(v)

Housing for farm laborers or caretakers.

(1)

Not more than one dwelling for farm laborers or caretakers shall be permitted per farm.

(2)

The conditional use shall be permitted only so long as the occupants of said dwelling are primarily engaged in farm labor on the farm or management of the farm on which the dwelling is located.

(w)

In-Law Suite.

(1)

The applicant shall provide written proof to the Village Building Inspector that Racine County has certified that the septic system will accommodate the proposed use.

(2)

The maximum living area in an in-law suite shall not exceed 800 square feet for a one-bedroom unit and 1,000 square feet for a two-bedroom unit.

(3)

There shall be adequate parking for the in-law suite.

(4)

The architecture of the residence shall be compatible with the adjacent residential neighborhood and should appear to be a one-family residence. All other appropriate district requirements for the principal living unit shall apply. A common entrance to the residence and in-law suite shall be designed into the structure so that the structure does not appear to be a duplex.

(5)

The Village Board, upon receipt of a recommendation from the Plan Commission may determine that it is appropriate to have an interior door between the living units.

(6)

A deed restriction shall be filed in the Racine County Register of Deeds Office prior to issuance of the building permit indicating that this living unit is for family members of the principal dwelling unit only. This deed restriction shall state the in-law suite is to be occupied by persons related by blood or marriage to the family occupying the principal unit. The deed restriction shall require that the in-law suite be removed, and the dwelling restored to a single housekeeping entity upon termination of the occupancy of the in-law suite by persons related by blood or marriage to the family occupying the principal unit.

(x)

Itinerant agricultural laborer's quarters not for rent.

(1)

Not more than one such living quarters shall be permitted per parcel.

(2)

The applicant shall provide written proof to the Village Building Inspector that Racine County has certified that the septic system will accommodate the proposed use.

(3)

Said conditional use permit terminates at such time as the aforementioned quarters are no longer used as living quarters for itinerant agricultural laborers.

(y)

Landscaping greenhouse, lawn and garden businesses.

(1)

All buildings used in the conduct of the business shall be located at least 150 feet from the lot line of an adjoining lot in a residential district or at least 50 feet from a lot line of an adjoining lot in any other district.

(2)

No such use shall be allowed on any parcel except as may front directly upon and have access to an arterial or major collector street, as defined in this Code.

(3)

A planting screen at least 10 feet in initial height and 15 feet wide shall be provided between any abutting property line and the proposed use. The Village Board, upon receipt of a recommendation from the Plan Commission, may increase or decrease the planting screen requirements based on location and compatibility of zoning and use with abutting properties.

(4)

In determining whether or not the proposed conditional use should be approved, the Village Board, upon receipt of a recommendation from the Village Plan Commission, shall make a determination that the proposed conditional use is compatible with adjacent land uses and the surrounding area as it relates to noise, traffic, dust, hours of operation, etc. If it is determined that the proposed conditional use would in any way be incompatible with the adjacent land uses, conflict with future development of the area, or represent an adverse effect or nuisance to adjacent land uses, the proposed conditional use shall not be approved.

(5)

A site plan and plan of operation application in accordance with standards in this Code shall include the type and quantity of equipment and vehicles owned or leased by the property owner, the location and type of storage of materials, location of all greenhouses, shade houses and storage bins, parking areas for customers and employees, signs, toilet facilities, fuel storage facilities, landscaping and lighting plans, dumpsters, and hours of operation.

(6)

The landscaping and lawn and garden business is restricted to a service-oriented business and is prohibited from manufacturing or assembling products. The sale of products on the premises which are not produced on the subject property is prohibited unless expressly permitted or permitted subject to specific conditions in the conditional use permit (i.e., mulch, fertilizer, decorative stone).

(7)

The design and size of the structures used in the operation of the business shall be subject to conditions in the conditional use permit.

(8)

All offices, vehicle storage, greenhouses, shade houses, storage bins, maintenance or service facilities, hazardous chemical or salt storage facilities shall comply with all applicable federal, state, county, and Village regulations.

(z)

Large Wind Energy System.

(1)

See Section 25-13-7 in Article 13 on Wind Energy Facility submittal requirements and procedures.

(aa)

Manufacturing of abrasive materials, storage and/or manufacturing of explosives/flammables and beverage bottling.

(1)

All outside storage and manufacturing 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; screen plantings may be required around the perimeter of the district where such perimeter abuts residential districts or where such a screen planting is deemed necessary or advisable depending on surrounding land uses.

(2)

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.

(3)

Lighting shall be required for the storage and manufacturing areas; provided, however, that the glare from said lighting does not shine on adjoining properties.

(bb)

Mineral extraction operations and concrete manufacturing and/or operations.

(1)

An application for quarrying and other nonmetallic mining shall include:

a.

The name, address and telephone number of the operator, and the name, address and telephone number of the owner of the site, if the operator is not the owner.

b.

A copy of the operator's deed to the site, contract to purchase the site, or lease authorizing the operator to conduct quarry or other nonmetallic mining operations on the site. The expiration date of any lease shall be clearly indicated thereon.

c.

A legal description of the proposed quarry or other nonmetallic mining site and the total number of acres involved.

d.

A list of all other quarry or nonmetallic mining permits or licenses held by the operator, including the name, address and telephone number of each permitting or licensing entity.

e.

A general location map of the site.

(2)

Survey required. Five copies of a survey, drawn to a scale of no less than one inch equals 200 feet, which shall include the following:

a.

The boundaries of the quarry or other nonmetallic mining site.

b.

Topography of the site and all lands within 200 feet thereof, at intervals no larger than two feet.

c.

Location and names of all streams, lakes, ponds, roads, railroads, utility lines and pipelines on or immediately adjacent to the site.

d.

Location of all structures.

e.

Boundaries and elevations of previous excavations on the site.

f.

Location and description of mining site boundary stakes and permanent reference point.

(3)

Zoning of the site and of all properties within 500 feet of the boundaries of the site.

(4)

Photographs (eight inches by 10 inches) of the site and its surroundings, including photographs of all potentially sensitive or important aspects of the site or neighboring properties and, if available, an aerial photograph of the site and its surroundings (usually available from the Southeastern Wisconsin Regional Planning Commission).

(5)

An operations plan, in which all horizontal and vertical measurements are referenced to a permanent reference point, consisting of maps, diagrams, narrative documents and other materials describing and explaining in detail the nature of the operations, the methods and procedures to be used in mining the site and in processing and otherwise dealing with the mined materials, the methods and procedures to be used in eliminating or minimizing adverse impacts or effects of the proposed operations, and a proposed timetable for completion of the operations and of the various stages of the operations, and which shall contain, without limitation, the following:

a.

Type and total volume of desirable material to be extracted, and the estimated annual volume to be extracted, identifying the assumptions on which such estimate is based, and the type and volume of waste material to be stripped or extracted.

b.

Type of mining, processing, and transportation equipment to be used.

c.

Timetable for the commencement and, to the extent practical, duration and cessation of the mining operations, and if seasonal operations are intended, the months during which operations will be conducted.

d.

Anticipated hours and days of operation, specifying differences between various aspects of the operations, if applicable.

e.

Market area to be served by the operation.

f.

Means of transporting mined materials from the site and the primary travel routes to be used.

g.

Whether haul trucks will be owned by the operator or others.

h.

Boring descriptions to the total depth of the proposed operation, describing each formation in terms of thickness and other relevant characteristics; sufficient borings shall be conducted to describe the type and quality of material to be extracted, to calculate the amount of desirable material to be mined and the amount of waste material to be disposed of, and to demonstrate that an adequate supply of desirable material is located at the site to justify the adverse impacts of the operation. Borings shall be referenced to a permanent reference point.

i.

A detailed description and explanation of all methods used to control and monitor noise.

j.

A detailed description and explanation of all methods used to control and monitor dust and mud tracking.

k.

A detailed description and explanation of all methods used to control and monitor ground vibrations.

l.

A detailed description and explanation of all methods used to control and monitor airblast.

m.

A detailed description and explanation of how the operator proposes to screen the operations from surrounding properties, streets and highways, including, without limitation, detailed plans for any proposed berming or landscaping.

n.

A detailed description and explanation of how water will be collected, treated and disposed of on the site, and of all methods used to avoid or control water pollution or sedimentation and to monitor the results of such controls.

o.

A detailed description and explanation of how overburden and other waste materials will be stored, disposed of, or used.

p.

Observed or estimated depth of groundwater, together with a description of the location(s) and date(s) of any observations, and the basis for any estimates.

q.

A detailed description and explanation of how the operator will avoid a drawdown of groundwater that will affect nearby wells and of all methods used to monitor the effects of the operation on the groundwater table.

r.

A detailed statement of the following:

1.

The beneficial aspects of the proposed operation.

2.

The potential adverse impacts of the operation on humans residing or working in the vicinity of the operation which cannot be totally eliminated by proposed control measures.

3.

The potential adverse environmental impacts of the operation which cannot be totally avoided by proposed control measures.

4.

The potential adverse economic impacts of the operation on neighboring property owners and the Village which cannot be totally avoided by the proposed control measures.

s.

A detailed, step-by-step description and explanation of all aspects of the operations.

t.

A detailed site plan, drawn to scale, showing the boundaries of the site, the proposed boundary of the area to be mined, the proposed location of permanent mining area markers, the final elevation of the area to be mined, and the locations and dimensions of proposed berms, haul roads, crushing, washing or other processing facilities, conveyors, stockpiles, loading areas, scales or other sales facilities, circulation routes and parking, offices, explosives storage facilities, and all other structures or specific operations areas.

u.

With respect to any proposed blasting operations, a detailed description and explanation of the proposed blasting methodology, including, without limitation, drilling procedure (and how burden and depth of holes is measured), benching, the initiation system, type and sequencing of delays, the explosives used and a full description of a typical proposed production shot, including the height of the face, number of holes, size of holes, burden, spacing and maximum pounds of explosives per delay.

v.

If explosives are to be used in the operation, a detailed plan for the storage, handling and use of such explosives. Any such proposed procedures shall comply with all federal, state and local regulations.

w.

Map or diagram and narrative describing in detail the sequential stages of mining (including any shifts in the location of activities or facilities) or, if no stages are planned, a detailed description of how the operator plans to proceed with the mining operation. The map or diagram shall show the location of all phase boundary stakes.

x.

A detailed plan showing and describing in detail erosion control measures to be used during and in connection with each aspect of the operation. Such plan shall describe, without limitation, how disturbed surfaces such as stripped areas, haul roads, berms, waste piles, stored topsoil and stockpiles will be dealt with to prevent erosion, sedimentation, fugitive dust and pollution of surface water and groundwater, and how the operator proposes to minimize the area of erodible surfaces exposed at any one time. (In addition to any permit requirements, temporary stabilization measures may be ordered by the Plan Commission or its designee to correct situations which are resulting in or are likely to result in erosion, sedimentation, fugitive dust or water pollution that is detrimental to adjoining properties or to the public health, safety and welfare. Such temporary stabilization measures may include, without limitation, silt fencing, bale check dams, sod strips, riprap, hard surfacing with concrete or blacktop, slope reduction, seeding or sodding, erosion mat placement, mulching, and settling basin construction.)

y.

A plan describing and explaining in detail the handling of all water on the site, including, without limitation, the following:

z.

Existing and proposed drainage on the site, showing contours at two-foot intervals.

aa.

The location and dimensions of all settling, retention or detention ponds, together with calculations demonstrating that such ponds are of adequate design to eliminate downstream sedimentation, erosion or water pollution.

bb.

The estimated volume of water to be pumped out of the operations area, together with the assumptions, observations and calculations on which such estimate is based.

cc.

A scale map of survey delineating all bodies of navigable water, all floodplains, all shorelands or shorelands wetlands zoning areas, all wetlands, and all primary environmental corridor areas on the site.

dd.

A detailed map or diagram and description of the location, type, height and installation of proposed fencing.

ee.

If customers of the operator will pick up product at the site, a detailed description of how the operator will deal with haul trucks that arrive at the site before the site is open in the morning.

ff.

A detailed description of any highway modifications or improvements that are required or desirable to accommodate the anticipated truck traffic, including, for example, acceleration or turning lanes, traffic signals or reinforced pavement, the estimated cost of such improvements, and of any other required modifications of public infrastructure, and whether the operator proposes to pay for such modifications.

gg.

A detailed traffic study demonstrating that the anticipated truck traffic can be safely accommodated on the proposed routes of travel.

hh.

A detailed description and explanation of the methods by which the operator proposes to determine whether the operation has damaged or diminished the value of nearby properties, including, for example, periodic evaluation of structures, wells and market value, and whether the operator is willing to reimburse persons for such losses.

ii.

If there are active wells within 1,000 feet of the quarry site, a hydrogeological study to determine whether and to what extent the operation is likely to draw down the groundwater table to an extent that wells will or may be impaired.

jj.

A listing of all federal, state or local permits or approvals which are required in connection with any aspect of the proposed operation.

kk.

A detailed description of all structures or areas of archaeological or historic interest on the site, and a detailed explanation of how the operation will affect such structures or areas.

ll.

A detailed description of, explanation of the function of, and architectural renderings of all proposed structures.

mm.

Any other information or materials required to demonstrate that the proposed operation will result in no significant loss, harm or damage to neighboring property owners, to the Village or to the public health, safety and welfare, nor any serious risk of any such loss, harm or damage.

nn.

A reclamation plan, in which all horizontal and vertical measurements shall be referenced to a permanent reference point, consisting of maps, diagrams, narrative documents and other materials describing and explaining in detail the proposed reclamation of the site, the methods and procedures to be used for reclamation and a timetable for completion of various stages of the reclamation, and which shall contain, without limitation, the following:

1.

A detailed description of the topsoil stripping and separation process, the location of topsoil storage, and the methods of stabilization and conservation that will be used during storage.

2.

A detailed reclamation site plan and description of the site when fully reclaimed, showing topography at two-foot intervals, drainage patterns, landscaping, structures, any water impoundments or lakes, and the proposed end use(s). To the extent that restoration will take place in stages, or incrementally, provide such site plan and description for each appropriate stage.

3.

The estimated elevation of the water's surface in any lake or impoundment, referenced to a permanent reference point, and a detailed explanation for the basis of such estimate.

4.

Detailed landscaping plans, showing the location, species and size of the trees, shrubs and other vegetation to be planted or seeded, and the approximate time frame for such planting or seeding.

5.

Detailed cross-section diagrams, drawn to scale, showing at appropriate illustrative locations (which should be indicated on the reclamation site plan(s)) the reclaimed topographic features, including, without limitation, elevations, slopes, high wall reductions, benching, terracing, and other stabilization and utilitarian features.

6.

Detailed topsoil application, seeding and/or sodding plan, describing the location, methods and thickness of topsoil application, seed types, seeding rates, and mulching netting and/or other techniques used to accomplish soil and slope stabilization.

7.

Detailed plan for the disposal of all structures, roads and other facilities not incorporated into the final reclamation plan.

8.

Estimated cost of reclamation, by phase, with accompanying supportive estimates and calculations, and the proposed form of any security documents.

9.

A detailed description of how potentially dangerous conditions will be rendered safe and useful, e.g., by reducing sheer high walls to provide for access to the water, shallow areas suitable for swimming and fish propagation, climb-out areas, etc. To the extent practicable, a timetable for the commencement, duration and cessation of reclamation activities by stage.

10.

Any other information or materials required to demonstrate that the proposed reclamation will result in a safe, useful and aesthetically pleasing site.

oo.

Additional information. The Plan Commission and its designees may require the submittal of such additional information or materials as may be necessary or desirable to determine the nature and extent of the operations, the potential adverse impacts of such operations on neighboring property owners and the Village in general, the appropriate methods to eliminate or mitigate potential adverse impacts, and the appropriateness and effectiveness of the proposed reclamation.

pp.

Waiver of application requirements. The Plan Commission may waive any specified information required to be submitted with the application for a permit if it is satisfied that such information is not relevant or is unnecessary to a full and effective evaluation of the proposed operation and reclamation, or if the cost of producing certain information is unreasonable in comparison to the usefulness of the information in the evaluation process. The Planning and Development Department staff may preliminarily waive any application requirements on the same grounds, but such a preliminary waiver may be reversed by the Plan Commission. In determining whether to waive application requirements, the Plan Commission and Village staff shall take into account, without limitation, the nature and extent of the proposed operations, the surrounding existing and anticipated land uses, and whether and to what extent the operation preexisted the effective date of this section. It shall be the obligation of the applicant to request in writing any such waiver. Such request shall set forth the justification for such waiver.

qq.

Public hearing for nonmetallic mining. Notwithstanding the public hearing requirements, the Planning staff shall, upon receipt of a complete permit application, refer the application to the Plan Commission for its consideration, and the Commission shall schedule a public hearing on the application before the Village Board. The hearing shall be scheduled not earlier than 60 days nor more than 90 days after receipt of the application to provide time for the staff to review the application, but the Plan Commission, for good cause shown, may order a modification of this requirement. Notice of the public hearing shall be published as a Class 2 notice in a newspaper of general circulation within the county. In addition, notice of the public hearing shall be mailed to the operator, the owner of the site, and to the last known address of all owners of real property located within 500 feet of the boundaries of the site. This requirement of actual notice to persons other than the operator is precatory, and the failure to mail or receive such notice shall not invalidate any action taken by the Plan Commission. At the hearing, the Plan Commission shall hear and receive information or recommendations presented by the Planning staff and/or its consultants, information presented by the applicant or the applicant's authorized agents and consultants, and information presented by members of the public. If the Plan Commission determines that additional time or information is required, the public hearing may be continued from time to time at the direction of the Commission. The applicant shall be given an opportunity to respond to any adverse information or recommendation.

1.

Decision. After the hearing, the Plan Commission and Board shall either grant or deny the permit application on the basis of express findings and conclusions. The Plan Commission and Board shall condition any permit granted upon compliance with specified operational and reclamation requirements, including the minimum requirements of this section and the requirements of all other applicable Village and county ordinances, except as such requirements may be appropriately modified by the Commission, and the requirements of all other applicable federal, state and local statutes, rules, regulations, ordinances and permits relating to blasting, mining, land use, highway access, air pollution, water pollution, contamination of the ground, solid waste disposal, navigable waters, groundwater, wetlands, floodplains, shorelands and other environmental matters. The Commission may impose requirements which are in addition to, or more stringent than, the minimum requirements of this section. In granting a permit, the Commission shall specify all aspects of the proposed plan of operations and plan of reclamation which are not approved. No application shall be granted unless the Commission first finds that the approved operations, as conditioned, will result in no significant loss, harm or damage to neighboring property owners, to the Village, or to the public health, safety or welfare, nor serious risk of any such loss, harm or damage, and that the approved reclamation will result in a safe, useful and aesthetically pleasing site. In deciding upon an application regarding an operation that preexisted the effective date of this section and was active on the effective date of this section, the Plan Commission shall take into account the nature, extent, circumstances and past performance of the operation and shall modify the requirements of this section to the extent necessary to ensure that the permit requirements are reasonable under the particular circumstances.

2.

Term of permit. Permits shall be granted for an initial term of two years. Thereafter, permits may be renewed by the Plan Commission and Board for terms of two years. Any permit issued pursuant to this section shall automatically terminate upon the abandonment of the quarry or other nonmetallic mining operations.

3.

Renewal. Applications for the renewal of a permit shall be filed with the Village Clerk not later than 90 days prior to the expiration date. Any information or materials required for an initial permit application shall be supplied with the application for renewal to the extent that such information or materials were not supplied with the prior application or to the extent that the previously supplied information or materials are out-of-date or no longer accurate and complete. Such an application shall be processed in the same manner as an initial permit application. In the event that a timely renewal application is not decided by the expiration date of the permit, the permit shall be deemed to be extended to the date of the Commission's decision.

4.

Amendment. In the event that the operator desires to make any material modification in the permitted operation or reclamation, the operator shall file with the Village Clerk an application for an amendment to the permit. Such application shall describe in detail the proposed modification, explain the effects of the proposed modification, supplement and update the information and materials submitted with the prior application and make the certification required for renewal applications. Such an application shall be processed in the same manner as an initial permit application.

5.

Review and monitoring fees. The applicant shall pay a fee equal to the cost of any administrative, legal, engineering or consultant work which may be undertaken by the Village in the review of a quarrying or nonmetallic mining permit application. Such fee may include the cost of any monitoring activity set forth as a condition of the permit issued.

6.

Security. As a condition of any permit issued pursuant to this section, the Plan Commission and Board shall require, and the operator shall promptly deposit with the Village, an irrevocable letter of credit, cash, a bond or other security in an amount adequate to secure the obligation of the operator to restore the site to a safe, useful and aesthetically pleasing condition, in accordance with the approved restoration plan, to the extent of the mining operations if the operations were abandoned during the term of the permit. Any security instrument shall be in a form satisfactory to the Village Attorney and shall be issued by a person satisfactory to the Village Attorney. Any cash deposited with the Village shall be deposited in a segregated interest-bearing account and shall be used only for the required restoration. Any security shall be promptly released or returned to the operator, with any accrued interest, at the completion of the approved reclamation to the satisfaction of the Plan Commission. The termination, expiration or modification of a security instrument, in the absence of a renewal or replacement thereof or the making of other arrangements satisfactory to the Plan Commission after review by the Village Attorney, shall be grounds for suspension of the operator's permit.

7.

Transfer. Permits issued under this section may be transferred only with the prior written approval of the Plan Commission. Such approval shall not be unreasonably withheld, but the Commission shall not approve any transfer in the absence of satisfactory arrangements regarding security and the prompt correction of any prior failure to comply with permit requirements.

rr.

Minimum standards. The following are minimum standards for all operations commenced after the effective date of this section and, to the extent reasonable, for all preexisting operations continued thereafter:

1.

The minimum setback of any excavation shall be 200 feet from any street right-of-way or property line. When the operations adjoin residentially developed land or residentially zoned land, the Commission shall carefully consider whether greater setbacks are required.

2.

The minimum setback of any building, structure, storage area, parking area, or stockpile shall be 100 feet from any street right-of-way or property line.

3.

Accessways and roads shall be maintained in a dust-free condition either by oiling or by spraying with calcium chloride.

4.

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.

5.

No plan of reclamation shall be approved unless it will result in a safe, useful and aesthetically pleasing site.

6.

No reclaimed slope shall exceed a four-to-one ratio of horizontal distance to vertical distance; provided, however, that this requirement shall not apply to rock faces, and further provided that the Plan Commission, for good cause shown, may modify this requirement.

7.

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.

(cc)

Mobile Home Parks.

(1)

The requirements set forth in all applicable provisions of the Wisconsin Administrative Code and amendments thereto shall be complied with.

(2)

The minimum park size shall be 10 acres.

(3)

Minimum park width shall be 450 feet.

(4)

The maximum number of mobile home/manufactured home sites shall be eight per gross acre and shall be supplied by community water facilities.

(5)

The minimum open space provided shall be 20% of the development area, exclusive of streets.

(6)

The minimum lot area for a single module mobile home/manufactured home shall be 5,000 square feet. The mobile home/manufactured home lot shall be a minimum of 50 feet in width.

(7)

The minimum lot area for a double module mobile home/manufactured home shall be 6,000 square feet. The mobile home/manufactured home lot shall be a minimum of 60 feet in width.

(8)

The minimum setback for a mobile home/manufactured home park shall be 65 feet from the right-of-way line of a state trunk or county trunk highway and 45 feet from all other roads.

(9)

The minimum distance between mobile home/manufactured home units and all other exterior park lot lines shall be 45 feet.

(10)

The minimum distance between mobile home/manufactured home and internal service roads shall be 20 feet.

(11)

The minimum distance between mobile home/manufactured home trailers shall be 20 feet.

(12)

All drives, parking areas, and walkways shall be surfaced with dust-free material. There shall be two parking spaces for each mobile home/manufactured home. All public or private roadways shall have a minimum road right-of-way of 66 feet and shall meet all Village standards for road construction.

(13)

All mobile homes/manufactured homes shall be securely anchored to the ground so as to minimize storm damage.

(14)

No mobile home/manufactured home sales office or other business or commercial use shall be located on the mobile home/manufactured home park site. However, laundries, washrooms, recreation rooms, maintenance equipment storage, and one office are permitted as long as it is related to the general operations of the park.

(15)

Each mobile home/manufactured home park shall be completely enclosed, except for permitted entrances and exits, 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)

All mobile homes shall meet the construction standards of the Mobile Home Manufacturing Association and any other requirements set forth by the Wisconsin Statutes or Wisconsin Administrative Code. All manufactured homes shall have a HUD (U.S. Department of Housing and Urban Development) label or insignia certifying that it is built in compliance with the Federal Manufactured Housing Construction Standards as set forth in the United States Code of Federal Regulations.

(17)

No mobile home/manufactured home site shall be rented for a period of less than 30 days.

(18)

The mobile home/manufactured home park shall meet the requirements of all local ordinances and state administrative rules regarding mobile homes/manufactured homes and mobile home/manufactured home parks, and in the event of a conflict between said ordinances, statutes or rules, the more restrictive requirement shall be complied with.

(19)

Copies of all licenses required by Wis. Stats. § 66.0435(1) to (8), shall be obtained and presented to the Commission for review.

(dd)

Restaurants, bars, or taverns (with live entertainment).

(1)

Hours of use may be limited to prevent disturbance to abutting property owners.

(2)

Lighting may be limited to prevent disturbance to abutting property owners.

(3)

Any outside music speakers or live music shall comply with applicable Village ordinances and associated performance standards found herein.

(ee)

Restaurants, bars or taverns with outdoor dining, recreation, or entertainment (i.e., volleyball, horseshoes, etc.).

(1)

A site plan shall be submitted, showing all proposed outdoor use areas, including parking, landscaping and the location of existing structures.

(2)

Hours of use may be limited to prevent disturbance to abutting property owners.

(3)

Lighting may be limited to prevent disturbance to abutting property owners.

(4)

Any outside music speakers or live music shall comply with applicable Village ordinances and associated performance standards found herein.

(5)

Any approval granted must be in conformance with the restrictions of the liquor license issued for the establishment.

(Ord. No. 2024-6-24, 10-28-2024)