Sheboygan Falls City Zoning Code
§ 365-21
Conditional uses.
A.
The following are conditional uses:
(1)
In the R1 Districts: home occupations.
(2)
In the R2, R3, R4, R5, R6, and R7 Districts:
(a)
Home occupations, except that home occupations are not allowed in the R4 District for principal buildings containing three or more residential dwelling units.
(b)
Art galleries.
(3)
In the R3, R4 and R5 Districts:
(a)
Accessory buildings, garages, carports, and paved parking areas serving exclusively the occupants of the structure.
(b)
Microwave radio relay structures and community television towers.
(4)
In the R3 and R4 Districts:
(a)
Medical and dental clinics.
(b)
Any use permitted in the R3 District.
(c)
Multifamily dwellings.
(d)
Charitable institutions, rest homes and private, nonprofit clubs and lodges, subject to the provisions of this section.
(e)
Hospitals, except animal hospitals.
(f)
Rooms for no more than six paying guests or boarders not members of the family.
(g)
Colleges and vocational schools.
(h)
Public museums.
(i)
Uses customarily incident to any of the above uses, provided that no such use generates traffic or noise that would create a public or private nuisance.
(5)
The following highway-oriented uses in the C3 Highway Commercial District:
(a)
Drive-in establishments serving food or beverages for consumption.
(b)
Motels.
(c)
Service stations, washing and repair stations, and garages, provided all gas pumps are not less than 30 feet from any existing or proposed street right-of-way line.
(d)
Recreational establishments, including drive-in theaters, golf or baseball driving ranges, archery fields, miniature golf courses, or similar uses.
(e)
Uses clearly similar in character to those listed above.
(6)
In the C2 Districts, the following business, commercial, and institutional uses:
(a)
Any use permitted in the R4 District, except one- and two-family residences. This exception does not apply to those existing residences located adjacent to North Main Street between Crocker Avenue and Englewood Court.
(b)
Post offices.
(c)
Municipal services buildings.
(d)
General business and commercial uses which do not generate noise, smoke, or odors that would create a public or private nuisance. These uses generally include:
[1]
Telephone offices.
[2]
Hotels and motels.
[3]
Theaters, bowling alleys, and places of amusement.
[4]
Restaurants, taverns, and bars.
[5]
Personal service, automobile service, and equipment service establishments.
[6]
Bus depots.
[7]
Uses customarily incident to any of the above uses.
(e)
Churches and other places of worship.
(f)
The establishment of any condominium or conversion of an existing use to condominium ownership shall be a conditional use pursuant to this section.
(7)
In the C1 District:
(a)
Any use permitted in the R4 District, except one- and two-family residences.
(b)
Municipal service buildings.
(c)
Parking lots.
(d)
General business and commercial uses which do not generate noise, smoke or odors that would create a public or private nuisance. These uses generally include:
[1]
Banks and telephone offices.
[2]
Hotels and motels.
[3]
Theaters, bowling alleys and places of amusement.
[4]
Restaurants, taverns and bars.
[5]
Personal service, automobile service and equipment service establishments.
[6]
Uses customarily incident to any of the above uses.
(8)
Conditional uses. In the Business Park District (BPD):
(a)
Indoor athletic facilities.
(b)
Day-care facilities.
(c)
Medical and dental clinics.
(d)
Veterinary offices and small animal hospitals without outdoor kennels.
(e)
Banks, credit unions, and similar financial institutions.
(f)
Public or municipal buildings.
(g)
Public utility structures.
(h)
Buildings for the storage of goods and materials, where such goods or materials are stored inside a building, provided such buildings are not mini-warehouse buildings subdivided into more than three multiple warehouse and storage facilities containing less than 1,500 square feet each and available for sublease.
(i)
Communication towers and antennas.
(j)
Truck terminals.
(k)
Uses involving the manufacture and fabrication of goods within the confines of a building and in which any noise, vibration, heat, or flash produced in any process is confined within a building at all times. Any odors produced or emitted in any process must meet applicable federal and state regulations for air emissions. See the performance standards in § 365-14L below.
(l)
Uses providing a service in which noise, vibration, heat, or flash produced on the premises by such service uses is confined within a building at all times. Any odors produced or emitted must meet applicable federal and state regulations for air emissions.
(9)
In the R3 District: an animal rescue shelter/foster home for domestic cats within a residence, subject to the following:
(a)
The maximum number of cats allowed is one per 200 square feet of finished living space in the residence with a maximum of 10 cats.
(b)
The shelter/foster home is operated in conjunction with an organized rescue group.
(c)
The permit is subject to annual review and renewal.
(10)
In the I1 District: All light industrial uses not prohibited by § 365-15B. In no instance shall conditional uses as allowed in this subsection cause or be associated with public or private nuisances such as odor, dust, noise, smoke, traffic, vibration or air, water, or soil pollution and shall not cause or pose a significant safety hazard (such as danger of explosion).
(11)
In the I2 District. All heavy industrial uses not prohibited by § 365-16B. In no instance shall conditional uses as allowed in this subsection cause or be associated with public or private nuisances such as odor, dust, noise, smoke, traffic, vibration or air, water, or soil pollution and shall not cause or pose a significant safety hazard (such as danger of explosion).
B.
Purpose.
(1)
The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.
(2)
Certain uses in situations which are of such a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulation, or conditions which would permit such determination in each individual situation, may be permitted as conditional uses.
(3)
If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this Code or imposed by the Plan Commission, the City shall grant the conditional use permit. Any condition imposed must be related to the purpose of City zoning regulations and be based on substantial evidence. Under this § 365-21, the term "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. This subsection is intended to ensure compliance with § 62.23(7)(de), Wis. Stats.
C.
Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use may be initiated by an application of the owners of the subject property.
D.
Application requirements. All applications for proposed conditional uses shall be approved as completed by the Zoning Administrator prior to the initiation of this procedure. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the application has been determined by the Zoning Administrator to be complete. The item may be placed on any agenda as a discussion-only item, without an application. Prior to the submittal of the official notice regarding the application to the newspaper, the applicant shall provide five copies of the complete application. Said complete application shall be comprised of all of the following:
(1)
A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the County Register of Deeds. Said map shall clearly indicate the current zoning of the subject property and all other land within 200 feet, and the jurisdiction which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2)
A written description of the proposed conditional use, describing the type of activities, buildings, and structures proposed for the subject property and their general locations;
(3)
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of the Architectural Review Board. A proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan. Review and approval of any site plan, preliminary plat or conceptual plat submitted with an application for a conditional use permit under this § 365-21 also shall constitute site plan review and approval;
(4)
Additionally, the applicant may wish to provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in Subsection E(3)(a) through (f) of this section.
E.
Review by the Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:
(1)
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, the Zoning Administrator shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, the Zoning Administrator shall notify the applicant.
(2)
Upon notifying the applicant that the application is complete, the Zoning Administrator may review the application and evaluate and comment on the written justification for the proposed conditional use.
(3)
The Zoning Administrator may also evaluate the application to determine whether the requested conditional use is in harmony with the recommendations of the City's Comprehensive Plan, particularly as evidenced by compliance with the standards of Subsection E(3)(a) through (f) of this section:
(a)
How is the proposed conditional use (the use in general, independent of its location) in harmony with the purposes, goals, objectives, policies and standards of the City Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted or under consideration by the City?
(b)
How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the City Comprehensive Plan, this chapter, and any other plan, program, or ordinance adopted or under consideration by the City?
(c)
Does the proposed conditional use, in its proposed location and as depicted on the required site plan, result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Comprehensive Plan, or any other plan, program, map, or ordinance adopted or under consideration by the City?
(d)
Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the surrounding area or district of the subject property?
(e)
Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by the City or its utilities serving the subject property?
(f)
Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use after taking into consideration the applicant's proposal and any requirements recommended by the applicant or the Plan Commission to ameliorate such impacts?
(4)
The Zoning Administrator shall forward the report to the Plan Commission for the Commission's review and use in making its decision. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
F.
Review by the Plan Commission and public hearing.
(1)
The Plan Commission shall schedule a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, or by agent, or by attorney. Said notice shall contain a description of the subject property and the proposed conditional use. In addition, at least seven days before said public hearing, the Zoning Administrator shall mail an identical notice to the applicant and to all owners of abutting properties. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section. Notice of the public hearing shall be published as a Class 2 notice under Ch. 985, Wis. Stats.
(2)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Common Council shall make its findings. The Common Council shall state in the minutes and in a substantially issued written conditional use permit, or in a written notice to the applicant of denial of the conditional use permit, its conclusions, findings of fact, conditions, and any substantial evidence supporting such conclusions, findings of fact, and conditions.
(3)
Notwithstanding anything in City zoning regulations to the contrary, in connection with the granting of a conditional use permit under this section, the Plan Commission may authorize the exception from, or exceedance of, any nonresidential bulk or dimensional standards set forth in §§ 365-11 through 365-19, 365-28, 365-29, 365-31, or 365-22. Any exception to, or exceedance of, any nonresidential bulk or dimensional standards shall be determined by the Zoning Administrator to be in harmony with the City's Comprehensive Plan particularly evidenced by compliance with the standards of Subsection E(3) of this section. Any exception to, or exceedance of, nonresidential bulk or dimensional standards authorized by the Plan Commission shall not be considered a variance, provided that the exception or exceedance and the justification for the exception or exceedance are specifically stated in the conditional use permit.
G.
Common Council action. The Common Council, upon the recommendation of the Plan Commission, may take final action on the application at the time of its initial consideration of the written conditional use permit or may continue the proceedings at its discretion or at the applicant's request. The Common Council may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use. The Common Council's approval of the proposed conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.
H.
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of six months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
I.
Termination of an approved conditional use. Upon approval by the Common Council, the applicant must demonstrate that the conditional use, as established and implemented, meets all general and specific conditional use requirements and conditions approved under this section, including all general and specific conditional use requirements in the site plan. Once a conditional use permit is granted, no erosion control permit, site plan approval, certificate of compliance, building permit or occupancy permit shall be issued for any development which does not comply with all requirements and conditions of the conditional use permit. The applicant shall provide certification of compliance to the City staff upon completion of the development activity. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Common Council, following the procedures outlined in Subsections C through H of this section.
J.
Time limits on the development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Common Council and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, the term "operational" shall be defined as the granting of a certificate of compliance for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Common Council and shall be based upon a showing of acceptable justification (as determined by the Common Council).
K.
Discontinuing an approved conditional use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
L.
Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any conditional use in violation as approved per Subsection F of this section, without approval by the Common Council, shall be grounds for revocation of said conditional use approval per Subsection I of this section.
M.
Fee. One or more fees are required for this procedure.
N.
Appeals. If the Common Council denies a person's conditional use application, the person may appeal the decision to the County Circuit Court under the procedures contained in § 62.23(7)(e)10, Wis. Stats.