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Shullsburg City Zoning Code

ARTICLE III

CONDITIONAL USES

Sec. 46-251. - Review and permit procedure.

(a)

Application and hearing. Any conditional uses listed in this article shall be permitted only when authorized by the city council. Application for a conditional use permit shall be made to the zoning administrator who shall refer it to the council. The council shall then schedule a public hearing on the application. Notice of such hearing shall be given by the city council by publishing in the official newspaper a display as setting forth such information as will provide adequate notice to residents of the city of the proposed application, its location, and the time and place of the hearing, and the statement that all interested parties will be heard. Such notice shall be published two times, in each of the two preceding weeks, the second not less than seven days before the hearing, and copies of such notice shall be mailed to all abutting property owners by first class mail.

(b)

Review and approval. The council shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems, and the proposed operation.

(c)

Determinations. The council shall make such findings that it deems appropriate based on the information submitted to it. The city council shall consider such findings and recommendations and make the ultimate determination of whether to grant the conditional use and the conditions upon which such grant is made. The determination of the city council shall be final.

(d)

Conditions. Conditions, such as landscaping, architectural and completion dates, sureties, lighting, fencing, planting screens, operation, improved traffic circulation, deed restriction, highway access restrictions, increased yards, grade, drainage, or parking requirements, may be required by the council upon its finding that these are necessary to fulfill the purpose and the intent of this chapter.

(e)

Compliance. 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.

(f)

Violation. Any permitted conditional use which does not continue in conformity with the conditions of the permit shall be considered in violation of this chapter.

(Prior Code, § 17.45)

Sec. 46-281. - Applicability; compliance.

All specific uses in this division are conditional uses which require a validly issued conditional use permit in addition to compliance with all standards, specifications and regulations of this chapter.

Sec. 46-282. - Recreational vehicle courts.

(a)

Definitions. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Recreational vehicle court means any plot of ground upon which two or more recreation vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.

Recreational vehicle site means a plot of ground within a recreational vehicle park intended for the accommodation of a recreational vehicle as defined herein.

Tent means a portable lodge of canvas, strong cloth, or other similar material stretched and sustained by poles. In this article, one tent shall be considered the equivalent of one recreational vehicle.

(b)

Area of applicability. Recreational vehicle courts shall be located only in R-3 Existing Single-Family Mixed Residential District or R-5 Multiple-Family Residential District.

(c)

Recreational vehicle court plan. For recreational vehicle courts at such locations as may be approved by the city council upon review by the plan commission according to the minimum standards as hereinafter specified.

(d)

Recreational vehicle (RV) court/campground. The site of a recreational vehicle court/campground must consist of one or more contiguous parcels of one-half acre or more. A site can consist of land owned or leased by the applicant. Land leased by the applicant cannot be occupied by a building nor be required yard area or parking area for such building and must be devoted for use by occupants of the recreational vehicles. The site cannot be separated by a waterway or public way.

(e)

Plan review. Any person making application for a recreational vehicle court conditional use permit shall submit with his written application a proposed plan in triplicate.

(f)

Area of court. No permit shall be issued for the unless such court contains not less than one-half acre of land to provide a minimum of establishment of a recreational vehicle court six recreational vehicle sites. An additional 1,200 square feet shall be provided for each additional recreational vehicle site over six to a maximum of 100 sites; however, nothing herein contained shall prevent the location of a recreational vehicle court on land upon which is located another commercial establishment providing the provisions of subsection (c) of this section are met.

(g)

Construction standards. In addition to the standards set forth in this Code, recreational vehicle courts shall be constructed in compliance with the pertinent rules of the department of health and social services as set forth in Wis. Admin. Code ch. ATCP 79.

(h)

Use for dwelling purpose. No person shall place a recreational vehicle within the city for dwelling purposes, either temporary or permanent, on any land located outside a recreational vehicle court. Occupancy within an authorized recreational vehicle court shall not exceed seven months during any 12-month period.

(i)

Use for nonresident purposes. No persons shall hereafter place or use a recreational vehicle for the conduct of any business, profession, occupation, or trade as a selling or advertising device on any land within the city except for the following:

(1)

A recreational vehicle may be used as a temporary office or shelter incidental to construction on or development of the premises on which it is located only during the time of construction or development is underway.

(2)

Recreational vehicles occupied as temporary living quarters by persons involved in special events or which are equipped to perform a public service function and operated or sponsored by governmental, civic or other like organizations shall be allowed with the city as a conditional use at such locations and for such duration as shall be prescribed by the city mayor.

(j)

Not permitted as an accessory building. A recreational vehicle shall not be permissible as an accessory building.

(k)

Storage. Except as provided in this Code, no person shall store a receational vehicle on any land within the city. The storage of one recreational vehicle in an accessory private garage building or in a rear yard of any occupied dwelling is permitted provided that no living quarters shall be maintained or any business practiced in such recreational vehicle while the same is so parked or stored. Within an authorized recreational vehicle court, a recreational vehicle shall not occupy a site for more than 60 days during those seasons other than winter without being removed from the court a minimum of 24 continuous hours, and may be stored unoccupied during the four-month winter season from December 1 to April 1.

(l)

Repair. Recreational vehicles when occupied may be left a reasonable time for repairs at any place where such repairs are ordinarily made.

(m)

Sales lots. Unoccupied recreational vehicles may be located on recreational vehicle sales lots.

(Prior Code, § 17.46)

Sec. 46-283. - Campgrounds.

(a)

The minimum size of any campground shall be two acres in gross area. The maximum number of travel trailers or campsites shall be 20 per acre as computed from the gross area of the park or campgrounds, and in no case shall the square feet of each site be less than 1,600 square feet.

(b)

Before beginning operation of any camp, 50 percent of the sites shall be completed and adequate restroom facilities shall be provided prior to completion of 100 percent of the facilities.

(c)

In addition to setback from the right-of-way of any state, county, or city road, all campgrounds shall have a boundary zone of 40 feet from any side or rear lot line.

(d)

The minimum width of roads within a campground shall be 20 feet. All access roads to and from the campground shall be well lighted and surfaced with gravel or equal materials.

(e)

Every campground shall conform to applicable state law as amended from time to time.

(f)

All wiring within a camp must conform to state electrical codes.

(g)

Designated spots on each site will be marked or constructed for outside cooking or the building of camp fires, and no fires will be allowed outside of these designated areas.

(Prior Code, § 17.46; Ord. No. 293, 6-3-2015)

Sec. 46-284. - Public and semi-public uses.

The following public and semi-public uses shall be conditional uses and may be permitted as specified:

(1)

Governmental and cultural uses, such as administrative offices, fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums.

(2)

Utilities and communication towers with associated buildings, but not including studios.

(3)

Public, private and parochial pre-school, elementary and secondary schools, and churches, provided the lot area is not less than one acre, and all principal structures and uses are not less than 50 feet from any lot line.

(4)

Institutions. Religious and charitable institutions; cemeteries; provided that all principal structures and uses are not less than 50 feet from any lot line.

(Prior Code, § 17.46)

Sec. 46-285. - Manufactured home parks and communities.

Manufactured home parks or communities may be permitted in the R-3 district as a conditional use and shall conform to the following standards:

(1)

Minimum park size: five acres.

(2)

Minimum park boundary: ten feet.

(3)

Minimum lot size per manufactured home: 5,000 square feet.

(4)

Minimum lot width: 50 feet.

(5)

Minimum distance between manufactured home and lot line: ten feet all around.

(6)

Minimum number of public access by a 60-foot roadway: two spread at least 300 feet apart.

(7)

Water and sewer. Each manufactured home lot shall be connected to public water supply and sewage disposal systems. The manufactured home park or community shall be furnished with one water meter assigned to the ownership of the manufactured home park or community.

(8)

Solid waste. Each manufactured home lot shall have adequate garbage and refuse disposal service.

(9)

Recreation area. At least five percent of the total area of each park shall be designated as a recreation area with play equipment furnished and maintained by the park owner.

(10)

Landscaping and screening. Along each boundary line of a manufactured home park or community there shall be a landscape planting which shall be so designed and maintained as to be 50 percent or more opaque between two feet and eight feet above average ground level at maturity to effectively screen the facility from view. A planting plan shall be submitted as part of the initial recreational vehicle court plan. Not more than two openings for access shall be provided in such planting the sizes and locations of which shall be subject to review and approval by the plan commission. Such planting shall be completely installed in the first growing season following the issuance of the permit. The city council, upon the recommendation of the plan commission, may authorize other suitable means of screening a manufactured home park or community such as a fence of such design and construction as to effectively present a 90 percent opaque vision barrier from grade to a height of six feet. Any fence authorized in lieu of the planting shall be maintained in good condition at all times and the operator shall prevent any handbills, posters, signs or advertising from being placed on or over same.

(11)

Roads and parking. All roadways, parking areas, and walkways shall be hard-surfaced with bituminous concrete or equal materials. Roadways shall be a minimum of 60 feet in width and adequately lighted. There shall be one off-street parking space for each manufactured home and additional parking spaces for automobiles within the park, totaling no less than two parking spaces for each manufactured home lot.

(12)

Signs. No signs shall be permitted except the following:

a.

One non-flashing identification sign stating only the name of the court and the services available, provided the sign does not project into the public right-of-way; and

b.

Any necessary regulatory signs such as street name signs, entrance and exit signs, etc.

(13)

No manufactured home sales office or other business or commercial use shall be located on the manufactured home park or community site. However, laundries, wash-rooms, recreation rooms, maintenance equipment storage, and one office are permitted.

(14)

Pad. Each manufactured home shall be placed upon a hard-surfaced pad or foundation with six approved tie-down anchors.

(15)

All manufactured homes shall meet the construction standards of all federal codes.

(16)

Accessory buildings shall not exceed an area of 20 percent of the required lot with a minimum side yard setback of ten feet and rear yard setback of eight feet.

(Prior Code, § 17.46)

Sec. 46-286. - Filling and grading.

(a)

A conditional use permit shall be required for any filling or grading of an area which is within 300 feet horizontal distance of a navigable body of water and which has surface drainage toward the water and on which there is:

(1)

Filling of more than 500 square feet of any wetland which is contiguous to the water. For purposes of this section the term "wetland" shall be defined as any area where groundwater is at or near the surface a substantial part of the year.

(2)

Filling or grading on slopes of 20 percent or more.

(3)

Filling or grading of more than 1,000 square feet on slopes of 12 to 20 percent.

(4)

Filling or grading of more than 2,000 square feet on slopes of 12 percent or less.

(b)

A conditional use permit shall be required before constructing, dredging, or commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake, or similar waterway, which is within 300 feet of the high water mark of a navigable body of water or where the purpose is ultimate connection with a navigable body of water. This requirement does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation. In addition, a permit shall be obtained from the department of natural resources or any other state agency having jurisdiction under the provisions of Wis. Stats. § 30.19. The city council shall evaluate each application and may request expert assistance from state and federal agencies.

(c)

In addition, a permit shall be obtained from the department of natural resources where more than 10,000 square feet of the bank of a navigable body of water is exposed by grading as provided in Wis. Stats. § 30.19. Subsection (a)(1) through (4) of this section does not apply to soil conservation practices such as terraces, run-off diversions, and grassed waterways which are used for sediment retardation.

(d)

Filling, grading, lagooning, or dredging which would result in substantial detriment to navigable waters by reason of erosion, sedimentation, or impairment of fish and aquatic life shall be prohibited.

(Prior Code, § 17.46)

Sec. 46-287. - Adult entertainment.

(a)

An adult-oriented establishment shall be a permitted use in the A-1 Agricultural District. All pertinent general or district zoning restrictions shall apply. In addition, no permit may be granted for an adult-oriented establishment unless it shall be located at least 1,000 feet from:

(1)

The boundaries of the following districts: R-1 New Single-Family Residential District; R-2 Existing Single-Family Residential District; R-3 Existing Single-Family Mixed Residential District; R-4 Two-Family Residential District; R-5 Multiple-Family Residential District; and PUD Planned Unit Development District; or

(2)

Any property within the city then used for residential, church, park or school purposes.

(b)

All applicable provisions of the municipal code and the Wisconsin Statutes regulating conditional uses shall apply to any request for conditional use for an adult-oriented establishment.

(Prior Code, § 17.46)