Trenton Town Washington County
City Zoning Code
City Zoning Code
ARTICLE IV
Conditional Uses
§ 380-36 Findings.
The development and execution of this article are based upon the division of the Town into districts, within which districts the use of land and buildings and bulk and location of buildings and structures in relation to the land are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.
§ 380-37 Authority of Plan Commission and Town Board.
A.
The Town Board may authorize the Zoning Administrator to issue a conditional use permit for a conditional use after review, public hearing and advisory recommendation from the Plan Commission, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. Such Board resolution, and the resulting conditional use permit, when for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the Plan Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
B.
Any development within 500 feet of the existing or proposed rights-of-way of freeways and expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the trafficway. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
C.
Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Town Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
D.
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all conditional uses.
§ 380-38 Initiation of conditional use.
Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought, may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.
§ 380-39 Application for permit.
Applications for conditional use permits shall be made in duplicate to the Zoning Administrator on forms furnished by the Town and shall include the following:
A.
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.
B.
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located. For floodland conditional uses, such description shall also include information that is necessary for the Plan Commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground; fill or storage elevations; first floor elevations of structures; size, location and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.
C.
A location sketch drawn to scale showing all the information required for a zoning permit and, in addition, the mean and historic high-water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.
D.
Additional information as may be required by the Town Plan Commission or Zoning Administrator.
§ 380-40 Hearing on application.
All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Town Board, on its own motion, from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 380-39 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
§ 380-41 Notice of hearing; Plan Commission report.
A.
Hearing. Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under the Wisconsin Statutes in the official Town newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Town Board and Plan Commission, and the owners of record as listed in the office of the Town Assessor who are owners of property in whole or in part situated within 200 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing.
B.
Report of Plan Commission. The Plan Commission shall report its advisory recommendations to the Town Board within 30 days after a matter has been referred to it. If such action has not been reported by the Plan Commission within 30 days, the Town Board can act without such recommendation.
§ 380-41.1 (Reserved) [1]
[1]
Editor's Note: Former § 380-41.1, Procedures for livestock facilities requiring conditional use permit, added 8-21-2023 by Ord. No. Z2023.08.01, was repealed 6-16-2025 by Ord. No. Z2025.06.03. See now the livestock provisions of § 380-14, AE Agricultural Enterprise District.
§ 380-42 General standards for conditional uses.
A.
No application for a conditional use shall be recommended for approval by the Plan Commission or granted by the Town Board unless such Commission and Board shall find all of the following conditions are present:
(1)
The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
(2)
The uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
(3)
The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(4)
Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(5)
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6)
The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
(7)
The proposed use does not violate floodplain regulations governing the site.
B.
When applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission and Board shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
C.
In addition to passing upon a conditional use permit, the Plan Commission and Board shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on the site.
(4)
The location of the site with respect to floodplains and floodways of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 380-43 Denial of application.
When a denial of a conditional use application is made, the Town Board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Town Board has used in determining which standards were not met.
§ 380-44 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Town Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in § 380-42 above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking;
(18)
Duration of conditional use; or
(19)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
C.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Town Board after recommendation from the Plan Commission. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall not be considered an amendment. The process for amending a permit shall generally follow the procedures for granting a permit as set forth herein.
D.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Town Board may require the use of certain general types of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading.
G.
Special notification in agricultural districts. A notification of each conditional use permit granted in the EA or AT District shall be transmitted to the Wisconsin Department of Agriculture, Trade and Consumer Protection.
§ 380-45 Expiration of conditional use permit.
Where the Town Board has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Board's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Board may extend such permit for a period of 90 days for justifiable cause, if application is made to the Town Board at least 30 days before the expiration of said permit.
§ 380-46 Complaints against conditional uses; revocation of permit.
A.
The Town Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code.
B.
Should a permit applicant, his heirs or assigns fail to comply with the conditions of the permit issued by the Town Board or should the use or characteristics of the use be changed without prior approval by the Town Board, the conditional use permit may be revoked.
C.
Upon written complaint by any citizen or official, the Town Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 380-42 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 380-41 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Town Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 380-42 or conditions previously imposed by the Town Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that Subsection A(1) and (2) in § 380-42 will be met, the Town Board may revoke the subject conditional approval and direct the Zoning Administrator and the Town Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Town Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
§ 380-47 Public and semipublic uses.
[Amended 11-19-2019 by Ord. No. Z2019-11-02; 6-16-2025 by Ord. No. Z2025.06.03]
The following public and semipublic uses shall be conditional uses and may be permitted as specified:
A.
Airports, airstrips and landing fields in the I-1 and I-2 Institutional Districts and M-1 Industrial District, provided that the site is not less than 20 acres.
B.
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums in all residential and business districts, in the M-1 Industrial District and in the P-1 Park District.
C.
Utility substations, pumping stations and towers in all districts, provided that all principal structures and uses are not less than 50 feet from any residential district lot line.
D.
Water treatment facilities in the I-1 and I-2 Institutional Districts and the M-1 Industrial District.
E.
Public passenger transportation terminals, such as heliports and bus and rail depots, but excluding airports, airstrips and landing fields, in all business districts and in the M-1 Industrial District, provided that all principal structures and uses are not less than 100 feet from any residential district boundary.
F.
Public, parochial and private elementary and secondary schools and churches in all residential districts and the P-1 Park District, provided that the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line.
G.
Penal and correctional institutions, houses in the I-1 Institutional District, provided that the site is not less than five acres and does not abut upon a residential property.
H.
Cemeteries and crematories in the I-1 and I-2 Institutional Districts, provided that no structure is located closer than 50 feet to any lot line.
§ 380-48 Residential and quasi-residential uses.
[Amended 2-6-2007 by Ord. No. 2-1-2007; 11-19-2019 by Ord. No. Z2019-11-02; 6-16-2025 by Ord. No. Z2025.06.03]
The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:
A.
Clubs, fraternities, lodges and meeting places of a noncommercial nature in any residential district and the I-1 and I-2 Institutional Districts.
B.
Rest homes, housing for the elderly at a density of not more than 16 units per acre, clinics and children's nurseries in the R-7 Two-Family Residential District and the I-2 Institutional District, provided that all principal structures and uses are not less than 50 feet from any lot line.
C.
(Reserved)
D.
Conversion of a single-family farm dwelling to a two-family dwelling in the A-1, AT and EA Agricultural Districts, provided that:
(1)
The structure being converted was built prior to 1970;
(2)
The structure shall provide a minimum living area of 900 square feet per dwelling unit; and
(3)
The farm parcel has soil conditions which will accommodate a two-family sewage disposal system.
E.
Accessory apartments in the R-1, R-2, R-3 and R-4 Residential Districts and the I-1 and I-2 Institutional Districts, provided that:
(1)
The principal dwelling has a minimum living area of 1,200 square feet, excluding the accessory dwelling unit;
(2)
The dwelling unit is owner-occupied;
(3)
There may be only one accessory apartment per dwelling unit;
(4)
The accessory apartment shall have a minimum living area of 600 square feet and no more than one bedroom; and
(5)
The accessory apartment shall be occupied by a person related to the owner of the principal dwelling unit by blood, marriage or adoption.
F.
Bed-and-breakfast establishments in the EA, AT and A-1 Agricultural Districts, the R-1, R-2, R-3 and R-4 Residential Districts, and the I-1 and I-2 Institutional Districts, provided that no more than four bedrooms are rented, that adequate off-street parking is provided, and that any permit required by § 254.64(1)(b), Wis. Stats., has been secured. One exterior advertising sign, not exceeding two square feet in area, may be erected on the premises.
G.
Community living arrangements for nine or more residential units in the R-1, R-2, R-3 and R-4 Residential Districts.
H.
Beauty and barber shops and dog grooming in all residential districts.
I.
Home occupations and professional home offices in all residential and country estate districts meeting the standards of § 380-56.
J.
Landscaping, lawn care, masonry, carpenter/contractor, and other businesses which may utilize off-site workers/employees in any residential, agricultural or country estate district may do so, provided that they are not employed on the premises and they do not visit the residence during the course of business. Employees shall not report to the residence for work orders or other business reasons. No materials, supplies or equipment to be used in other locations can be stored at the residence in which the home occupation is operated.
§ 380-49 Commercial uses.
[Amended 11-15-2005; 2-6-2007 by Ord. No. 2-1-2007; 11-15-2005; 2-6-2007 by Ord. No. 2-1-2007; 5-15-2012 by Ord. No. 2012-02; 9-15-2025 by Ord. No. Z2025.09.01]
The following commercial uses shall be conditional uses and may be permitted as specified:
A.
Drive-in theaters. Drive-in theaters in the B-2 Business District, provided that a planting screen at least 25 feet wide is created along any side abutting a residential district and no access is permitted to or within 1,000 feet of an arterial street.
B.
Funeral homes. Funeral homes in the B-1 and B-2 Business Districts, provided that all principal structures and uses are not less than 25 feet from any lot line.
C.
Drive-in banks. Drive-in banks in the B-1 and B-2 Business Districts.
D.
Transmission towers. Radio and television transmitting towers, receiving towers, relay and microwave towers and broadcast studios in the B-2 Business and M-1 Industrial Districts and I-1 and I-2 Institutional Districts.
E.
Equipment rental. Equipment rental in the B-1 and B-2 Business Districts and the M-1 Industrial District.
F.
Service stations. Gasoline service stations in the B-1 Business District, provided that all service islands and pumps shall be set back at least 20 feet from the street right-of-way.
G.
Automotive body repair. Automotive body repair in the B-2 Business District, provided that any outside storage areas shall be surrounded by a solid fence or evergreen plating screen preventing a view from any residential, park or institutional district.
H.
Self-storage warehouses/mini warehouses. Self-storage warehouses/mini warehouses in the B-1 and B-2 Business Districts. All self-storage warehouses or mini warehouses shall have side walls not to exceed 14 feet.
I.
Construction contractors' shops and yards. Construction contractors' shops and yards in the B-1 and B-2 Business Districts.
§ 380-50 Industrial and agricultural uses.
[Amended 3-15-2016 by Ord. No. Z2-2016-01; 11-19-2019 by Ord. No. Z2019-11-02; 9-20-2022 by Ord. No. Z2022.09.01; 8-21-2023 by Ord. No. Z2023.08.01; 6-16-2025 by Ord. No. Z2025.06.03]
The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:
A.
(Reserved)
B.
(Reserved)
C.
Veterinary offices and clinics intended to service farm animals in the EA Agricultural District.
D.
Animal hospitals in any business or industrial district, provided that all principal structures and uses are not less than 100 feet from any residential use.
E.
(Reserved)
F.
(Reserved)
G.
Dumps, disposal areas, incinerators and sewage treatment plants in the M-1 Industrial District.
H.
Recycling centers in the M-1 Industrial District and the I-1 Institutional District.
I.
Manufacturing and processing of abrasives, acetylene, acid, alcoholic beverages, alkalis, ammonia, asphalt, batteries, bedding, bleach, candles, celluloid, cement, charcoal, chlorine, cordage, creosote, dextrine, disinfectant, dry ice, dyes, excelsior, felt, fertilizer, gelatin, glucose, glue, ice, ink, insecticide, lime, linoleum, matches, oil cloth, paint, paper, perfume, plastics, poison, polish, potash, pulp, rope, rubber, size, shellac, soap, starch, stove polish, turpentine, varnish, vinegar and yeast in the M-1 Industrial District.
J.
Processing of bone, alcoholic beverage bottling, building materials, cement products, cereals, chemicals, coffee, coke, fat, flammables, food products, fuel, furs, gasoline, grains, hair products, lard, lime products, meat, peas, pickles, plaster of paris and textiles in the M-1 Industrial District.
K.
Storage of building materials, ice, dry ice, flammables, gasoline, grains, paint, shellac, fat, lard, turpentine, vinegar and yeast in the M-1 Industrial District. Outside storage areas shall be surrounded by a solid fence or evergreen planting screen capable of completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential, institutional or park districts.
L.
Bag cleaning facilities; bleacheries; canneries; cold storage warehouses; electric and steam generating plants; electroplating; enameling; lacquering; lithographing; oil, coal and bone distillation; refineries; road test facilities; and weaving facilities in the M-1 Industrial District and shall be at least 600 feet from any residential, institutional or park districts.
M.
Freight yards, freight terminals and transshipment depots in the M-1 Industrial District.
N.
Commercial service facilities, such as restaurants and fueling stations, in the M-1 Industrial District, provided that all such services are physically and saleswise oriented toward industrial district users and employees and that other users are only incidental customers.
O.
(Reserved)
P.
Breeding of Bengal cats and Bengal kittens in M-1 Industrial Zoning.
§ 380-51 Earthmoving and mineral extraction uses.
The following earthmoving and mineral extraction uses shall be conditional uses and may be permitted as specified:
A.
Soil removal. Topsoil and sod removal and sale are a conditional use and may be permitted in any district except the EA and AT Agricultural Districts. The Plan Commission shall require the use of adequate soil erosion control measures to prevent pollution of surface waters caused by runoff.
B.
Mineral extraction operations. Mineral extraction operations, including washing, crushing or other processing, are conditional uses and may be permitted as follows:
(1)
Application. The application for the conditional use permit shall include an adequate description of the operation; a list of equipment, machinery and structures to be used; a topographic map of the site showing existing contours with minimum vertical contour interval of five feet, trees, and existing and proposed excavations; and a restoration plan.
(2)
Restoration plan. The restoration plan provided by the applicant shall contain proposed contours after filling, depth of the restored topsoil, type of fill, planting or reforestation and restoration commencement and completion dates. The applicant shall furnish the necessary fees to provide for the Town's inspection and administrative costs and the necessary sureties which will enable the Town to perform the planned restoration of the site in the event of default by the applicant. The amount of such sureties shall be based upon cost estimates prepared by the Town Engineer, and the form and type of such sureties shall be approved by the Town Attorney.
(3)
Term of permit. The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period not to exceed two years. Modifications or additional conditions may be imposed upon application for renewal.
(4)
Impact. The Town Plan Commission shall particularly consider the effect of the proposed operation upon existing streets, neighboring developments, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the practicality of the proposed restoration of the site.
§ 380-52 Public recreational facilities.
[Amended 6-16-2025 by Ord. No. Z2025.06.03]
The following public recreational facilities shall be conditional uses and may be permitted as specified:
A.
Archery sales and shooting ranges, bathhouses, beaches, boating, camps, concession stands, conservatories, driving ranges, golf courses, gymnasiums, ice boating, marinas, music halls, polo fields, pools, riding academies, stadiums and zoological and botanical gardens in the P-1 Park District, provided that the lot area is not less than three acres and all structures are not less than 50 feet from any district boundary.
B.
Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf facilities, pool and billiard halls, skating rinks and theaters, are conditional uses and may be permitted in any business district. Physical cultural facilities, racetracks, rifle ranges and turkish baths are specifically prohibited uses.
§ 380-53 Energy conservation uses.
[Amended 8-26-2024 by Ord. No. Z2024.08.01]
A.
Wind energy conversion systems. Wind energy conversion systems, commonly referred to as "windmills," which are used to produce electrical power may be permitted as a conditional use in the M-1 District only, provided that the following information requirements and standards shall apply:
(1)
Application. Applications for the erection of a wind energy conversion system shall be accompanied by a plat of survey for the property to be served showing the location of the generating facility and the means by which the facility will provide power to more than one premises; the plat of survey shall show all properties to be served and the means of connection to the wind energy conversion system. A copy of all agreements with system users off the premises shall accompany the application. The application shall further indicate the level of noise to be generated by the system and provide assurances as to the safety features of the system. Solar easements shall accompany the application.
(2)
Construction. Wind energy conversion systems shall be constructed and anchored in such a manner to withstand wind pressure of not less than 40 pounds per square foot in area.
(3)
Noise. The maximum level of noise permitted to be generated by a wind energy conversion system shall be 50 decibels, as measured on a dB(A) scale, measured at the lot line.
(4)
Electromagnetic interference. Wind energy conversion system generators and alternators shall be filtered and/or shielded so as to prevent the emission of radio-frequency energy that would cause any harmful interference with radio and/or television broadcasting or reception. In the event that harmful interference is caused subsequent to the granting of a conditional use permit, the operator of the wind energy conversion system shall promptly take steps to eliminate the harmful interference in accordance with Federal Communications Commission regulations.
(5)
Location and height. Wind energy conversion systems shall be located in the rear yard only and shall meet all setback and yard requirements for the district in which they are located and, in addition, shall be located not closer to a property boundary than a distance equal to their height. Wind energy conversion systems are exempt from the height requirements of this chapter; however, all such systems over 75 feet in height shall submit plans to the Federal Aviation Administration (FAA) to determine whether the system is to be considered an object affecting navigable air space and subject to FAA restrictions. A copy of any FAA restrictions imposed shall be included as a part of the wind energy conversion system conditional use permit application.
(6)
Fence required. All wind energy conversion systems shall be surrounded by a security fence not less than six feet in height. A sign shall be posted on the fence warning of high voltages.
(7)
Utility company notification. The appropriate electric power company shall be notified, in writing, of any proposed interface with that company's grid prior to installing said interface. Copies of comments by the appropriate utility company shall accompany and be part of the application for a conditional use permit.
(8)
Compliance with Electrical Code. The electrical portion of the installation shall comply with all provisions of the Electrical Code of the Town.[1]
[1]
Editor's Note: See Ch. 174, Building Construction, § 174-4C.
B.
Solar energy systems.
(1)
Permitted accessory use. Solar energy systems are permitted as an accessory use in all zoning districts where structures of any sort are allowed, subject to the following:
(a)
Solar carports and associated electric vehicle charging equipment are permitted as an accessory use on surface parking lots in all districts regardless of the existence of another building.
(b)
Solar energy systems that do not meet the following design standards require a conditional use permit.
[1]
Height. Solar energy systems must meet the following height requirements:
[a]
Building- or roof-mount solar energy systems shall not exceed the maximum allowed height in any zoning district. For purposes of height measurement, solar energy systems other than building-integrated systems shall be given an equivalent exception to height standards as building-mount mechanical devices or equipment.
[b]
Ground- or pole-mount solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt. Note that if a ground- or pole-mount solar energy system is placed on uneven ground, the height requirement shall be interpreted to allow for proper installation.
[c]
Solar carports in nonresidential districts shall not exceed 20 feet in height.
[2]
Setback. Solar energy systems must meet the accessory structure setback for the zoning district and primary land use associated with the lot on which the system is located, except as allowed below.
[a]
Roof- or building-mount solar energy systems.
[i]
The collector surface and mounting devices for roof-mount solar energy systems shall not extend beyond the exterior perimeter of the building on which the system is mounted or built, unless the collector and mounting system has been explicitly engineered to safely extend beyond the edge, and setback standards are not violated.
[ii]
Exterior piping for solar hot water systems shall be allowed to extend beyond the perimeter of the building on a side yard exposure. Solar collectors mounted on the sides of buildings and serving as awnings are considered building-integrated systems and are regulated as awnings.
[b]
Ground-mount solar energy systems. Ground-mount solar energy systems may not extend into the side-yard or rear setback when oriented at minimum design tilt, except as otherwise allowed for building mechanical systems.
[3]
Visibility. Solar energy systems in residential districts shall be designed to minimize visual impacts from the public right-of-way, as described in Subsection B(1)(b)[3][a] through [c], to the extent that doing so does not affect the cost or efficacy of the system, consistent with Wis. Stats. § 66.0401.
[a]
Building integrated photovoltaic systems. Building integrated photovoltaic solar energy systems shall be allowed regardless of whether the system is visible from the public right-of-way, provided the building component in which the system is integrated meets all required setback, land use or performance standards for the district in which the building is located.
[b]
Aesthetic restrictions. Roof-mount or ground-mount solar energy systems shall not be restricted for aesthetic reasons if the system is not visible from the closest edge of any public right-of-way other than an alley, or if the system meets the following standards:
[i]
Roof-mount systems on pitched roofs that are visible from the nearest edge of the front right-of-way shall have the same finished pitch as the roof and be no more than 10 inches above the roof.
[ii]
Roof-mount systems on flat roofs that are visible from the nearest edge of the front right-of-way shall not be more than five feet above the finished roof and are exempt from any rooftop equipment or mechanical system screening.
[c]
Reflectors. All solar energy systems using a reflector to enhance solar production shall minimize glare from the reflector affecting adjacent or nearby properties.
[4]
Lot coverage. Ground-mount systems total collector area shall not exceed the greater of half the building footprint of the principal structure or 2% of the area of the parcel.
[a]
Ground-mount systems shall be exempt from lot coverage or impervious surface standards if the soil under the collector is maintained in vegetation and not compacted.
[b]
Ground-mount systems shall not count toward accessory structure size and number limitations.
[c]
Solar carports in nonresidential districts are exempt from lot coverage limitations.
[5]
Solar carports in residential districts exceeding 240 square feet require a conditional use permit. Solar carports of any size with more than one wall in residential districts are subject to the accessory structure size and number limitations for the specific district.
[6]
Plan approval required. All solar energy systems requiring a building permit or other permit shall provide a site plan for review.
[a]
Plan applications. Plan applications for solar energy systems shall be accompanied by to-scale horizontal and vertical (elevation) drawings. The drawings must show the location of the system on the building or on the property for a ground-mount system, including the property lines.
[b]
Plan approvals.
[i]
Applications that meet the design requirements of this section shall be granted administrative approval by the zoning official and shall not require Plan Commission review.
[ii]
Applications requesting any variance on the design requirements of this section shall require Plan Commission review.
[iii]
Plan approval does not indicate compliance with the Building Code or Electric Code.
[7]
Approved solar components. Electric solar energy system components must have a UL or equivalent listing and solar hot water systems must have an SRCC rating.
[8]
Compliance with Building Code. All solar energy systems shall meet approval of the Town of Trenton Building Inspector, consistent with the State of Wisconsin Building Code or the Town of Trenton Building Code, and solar thermal systems shall comply with HVAC-related requirements of the Energy Code.
[9]
Compliance with State Electric Code. All photovoltaic systems shall comply with the Wisconsin State Electric Code.
[10]
Compliance with State Plumbing Code. Solar thermal systems shall comply with applicable Wisconsin State Plumbing Code requirements.
[11]
Utility notification. All grid-intertie solar energy systems shall comply with the interconnection requirements of the electric utility. Off-grid systems are exempt from this requirement.
(c)
Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.
[1]
Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months.
[2]
The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
[3]
Disposal of structures and/or foundations shall meet the provisions of the Town's Solid Waste Ordinance.[2]
[2]
Editor's Note: See Ch. 338.
[4]
The Town may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.
(2)
Principal uses. The Town of Trenton encourages the development of commercial or utility scale solar energy systems where such systems present few land use conflicts with current and future development patterns. Ground-mount solar energy systems that are the principal use on the development lot or lots are conditional uses in selected districts.
(a)
Principal use general standards.
[1]
Site design.
[a]
Setbacks. Community- and large-scale solar arrays must meet the following setback requirements:
[i]
Property line setback for buildings or structures in the district in which the system is located, except as otherwise determined in Subsection B(2)(a)[1][a][v] below.
[ii]
Roadway setback of 150 feet from the road right-of-way, except as otherwise determined in Subsection B(2)(a)[1][a][v] below.
[iii]
Housing unit setback of 150 feet from any existing dwelling unit, except as otherwise determined in Subsection B(2)(a)[1][a][v] below.
[iv]
Setback distance should be measured from the edge of the solar energy system array, excluding security fencing, screening, or berm.
[v]
All setbacks can be reduced by 50% if the array is fully screened from the setback point of measurement.
[b]
Screening. Community- and large-scale solar shall be screened from existing residential dwellings.
[i]
A screening plan shall be submitted that identifies the type and extent of screening.
[ii]
Screening shall be consistent with the Town's screening ordinance or standards typically applied for other land uses requiring screening.
[iii]
Screening shall not be required along property lines within the same zoning district, except where the adjoining lot has an existing residential use.
[iv]
The Town may require screening where it determines there is a clear community interest in maintaining a viewshed.
[c]
Ground cover and buffer areas. The following provisions shall apply to the clearing of existing vegetation and establishment of vegetated ground cover. Additional site-specific conditions may apply as required by the Town.
[i]
Large-scale removal of mature trees on the site is discouraged. The Town may set additional restrictions on tree clearing or require mitigation for cleared trees.
[ii]
The applicant shall submit a vegetative management plan prepared by a qualified professional or reviewed and approved by a natural resource agency or authority, such as the Wisconsin Department of Natural Resources, Washington County Soil and Water Conservation District, Land and Water Conservation Department or Natural Resource Conservation Service. The plan shall identify:
[A]
The natural resource professionals consulted or responsible for the plan.
[B]
The conservation, habitat, ecosystem, or agricultural goals, which may include providing habitat for pollinators such as bees and monarch butterflies, providing habitat for wildlife such as upland nesting birds and other wildlife, establishing vegetation for livestock grazing, reducing on-site soil erosion, and improving or protecting surface or groundwater quality.
[C]
The intended mix of vegetation upon establishment.
[D]
The management methods and schedules for how the vegetation will be managed on an annual basis, with particular attention given to the establishment period of approximately three years.
[iii]
Soils shall be planted and maintained in perennial vegetation for the full operational life of the project, to prevent erosion, manage runoff and build soil.
[iv]
Vegetative cover should include a mix of perennial grasses and wildflowers that will preferably result in a short stature prairie with a diversity of forbs or flowering plants that bloom throughout the growing season. Blooming shrubs may be used in buffer areas as appropriate for visual screening. Perennial vegetation options (grasses and forbs) are preferably native to Wisconsin, but where appropriate to the vegetative management plan goals, may also include other naturalized and non-invasive species which provide habitat for pollinators and wildlife and/or other ecosystem services (i.e., clovers).
[v]
Plant material must not have been treated with systemic insecticides, particularly neonicotinoids.
[d]
Foundations. A qualified engineer shall certify that the foundation and design of the solar panel racking, and support is within accepted professional standards, given local soil and climate conditions.
[e]
Power and communication lines. Power and communication lines running between banks of solar panels and to nearby electric substations or interconnections with buildings shall be buried underground. Exemptions may be granted by the Town in instances where shallow bedrock, water courses, or other elements of the natural landscape interfere with the ability to bury lines, or distance makes undergrounding infeasible, at the discretion of the Zoning Administrator.
[f]
Fencing. Perimeter fencing for the site shall not include barbed wire or woven wire designs and shall preferably use wildlife-friendly fencing standards that include clearance at the bottom. Alternative fencing can be used if the site incorporates agrivoltaics.
[2]
Stormwater and NPDES. Solar farms are subject to the Town's stormwater management and erosion and sediment control provisions and NPDES permit requirements. Solar collectors shall not be considered impervious surfaces if the project complies with ground cover standards, as described in Subsection B(2)(a)[1][c] of this section.
[3]
Other standards and codes. All solar farms shall comply with all applicable local, state and federal regulatory codes, including the State of Wisconsin Uniform Building Code, as amended; and the National Electric Code, as amended.
[4]
Site plan required. The applicant shall submit a detailed site plan for both existing and proposed conditions, showing locations of all solar arrays, other structures, property lines, rights-of-way, service roads, floodplains, wetlands and other protected natural resources, topography, electric equipment, and all other characteristics requested by the Town. The site plan should show all zoning districts and overlay districts.
[5]
Aviation protection. For solar farms located within 500 feet of an airport or within approach zones of an airport, the applicant must complete and provide the results of a glare analysis through a qualitative analysis of potential impact, field test demonstration, or geometric analysis of ocular impact in consultation with the Federal Aviation Administration (FAA) Office of Airports, consistent with the Interim Policy, FAA Review of Solar Energy Projects on Federally Obligated Airports, or most recent version adopted by the FAA.
[6]
Agricultural protection. Solar farms must comply with site assessment or soil identification standards that are intended to identify agricultural soils. The Town may require mitigation for use of prime soils for solar array placement, including the following:
[a]
Demonstrating co-location of agricultural uses (agrivoltaics) on the project site.
[b]
Using an interim use or time-limited CUP that allows the site to be returned to agriculture at the end of life of the solar installation.
[c]
Placing agricultural conservation easements on an equivalent number of prime soil acres adjacent to or surrounding the project site.
[d]
Locating the project in a wellhead protection area for the purpose or removing agricultural uses from high risk recharge areas.
[7]
Decommissioning. A decommissioning plan shall be required to ensure that facilities are properly removed after their useful life.
[a]
Decommissioning of the system must occur in the event the project is not in use for 12 consecutive months.
[b]
The plan shall include provisions for removal of all structures and foundations, restoration of soil and vegetation and assurances that financial resources will be available to fully decommission the site.
[c]
Disposal of structures and/or foundations shall meet the provisions of the Town's Solid Waste Ordinance.
[d]
The Town may require the posting of a bond, letter of credit or the establishment of an escrow account to ensure proper decommissioning.
[8]
Community-scale solar. The Town permits the development of community-scale solar, subject to the following standards and requirements:
[a]
Rooftop gardens permitted. Rooftop community systems are permitted in all districts where buildings are permitted.
[b]
Community-scale uses. Ground-mount community solar energy systems must cover no more than 10 acres (project boundaries) and are a permitted use in industrial and agricultural districts and permitted with standards or conditional in all other nonresidential districts. Ground-mount solar developments covering more than 10 acres shall be considered large-scale solar.
[c]
Dimensional standards. All structures must comply with setback and height, standards for the district in which the system is located.
[d]
Other standards. Ground-mount systems must comply with all required standards for structures in the district in which the system is located.
[e]
Large-scale solar/solar farm. Ground-mount solar energy arrays that are the primary use on the lot, designed for providing energy to off-site uses or export to the wholesale market, are permitted as a conditional use in agricultural districts, industrial districts, shoreland and floodplain overlay districts, airport safety zones subject to Subsection B(2)(a)[5] of this section, and in the landfill/brownfield overlay district for sites that have completed remediation.
(3)
Restrictions on solar energy systems limited. As of (adoption date for this ordinance)[3] new homeowners' agreements, covenant, common interest community standards, or other contract between multiple property owners within a subdivision of the Town shall not restrict or limit solar energy systems to a greater extent than the Town's solar energy standards.
[3]
Editor's Note: Said adoption date is 8-26-2024.
C.
Earth-sheltered structures. Earth-sheltered structures which are built partially or totally into the ground for the purpose of using the insulating value of the soil to conserve energy may be permitted in the EA, AT, A-1 and R-1 Districts. This subsection does not include conventional homes with exposed basements, split-levels or similar types of construction, and provided further that the following information requirements and standards shall apply:
(1)
Application. Applications for the construction of an earth-sheltered structure shall be accompanied by all of the information required to obtain a building permit, with special attention to be given to the bearing strength of the structure, provision of proper drainage for sanitary, storm and ground water and wastes, proper ventilation, grading of the lot and its effect on adjacent properties, proper exit availability and exterior renderings of the structure to determine its visual affect on adjacent structures. Such standards shall be certified by a registered engineer or architect.
(2)
Construction. Earth-sheltered structures shall be constructed in conformance with all applicable state and local building and zoning codes. A registered engineer or architect shall certify that the design of the structure is in conformance with all applicable state and local codes.
§ 380-54 Public gatherings.
A.
Scope. This section shall apply to all public gatherings, rallies, assemblies or festivals at which attendance is greater than 500 persons for a one-day event and greater than 250 persons for a two-day or more event. The requirement for a public gathering conditional use permit shall not apply to events held in any regularly established permanent place of worship, stadium, school, athletic field, arena, auditorium, or coliseum, any annual event held prior to the adoption of this section or other similar permanently established place for assemblies which does not have a maximum capacity over 250 persons, nor those events sponsored or approved by the Town Board of the Town of Trenton.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B.
Intent. The purpose and intent of this section is to establish site approval for locations in the Town of Trenton used temporarily for gatherings as defined in this section, it being recognized that the character and type of such gatherings vary widely and the facilities required to carry out the general purpose and intent should be the subject of a conditional use permit issued only after public hearing before the Plan Commission and a determination by the Town Board that there will be compliance with the standards set forth in this section.
C.
Application. Applications for a public gathering conditional use permit shall be made by the owner or a person having a contractual interest in lands proposed as the site for a public gathering, rally, assembly or festival as defined in this section. The application shall contain a statement made upon oath or affirmation that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making application in the case of an individual, natural human being, by all officers in the case of a corporation, by all partners in the case of a partnership or by all officers of an unincorporated association, society or group or, if there are no officers, by all members of such association, society or group. Such application shall be filed with the Town Clerk at least 60 days in advance of the date of the scheduled event on forms to be furnished by him and shall include the following:
(1)
Names. Names and addresses of the applicant, owner of the site, promoter and/or sponsor of the gathering.
(2)
Site description. Description of the site by metes and bounds or other legal description, address of the site, type of proposed gathering and proposed method of operation, maximum number of persons to attend such gathering and any special or unusual conditions anticipated.
(3)
Survey. Plat of survey to a scale of one inch equals 100 feet prepared by a registered land surveyor showing the location, boundaries, dimensions, type, elevations and size of the following: subject site, soil mapping unit lines, existing or proposed wells, buildings, fences, woods, streams, lakes or watercourses, as well as the vertical contour interval two feet above the ordinary high-water level.
(4)
Fees. The fee for a public gathering conditional use permit and for the public hearing shall be as set forth on the schedule of deposits, bonds and fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D.
Bond. The Town Board shall have authority to require the applicant and site owners to file a cash bond in an amount to be determined by the Town Board, but not exceeding $100,000, conditioned on complete compliance by the applicant and site owner with all provisions of this section, the terms and conditions of the public gathering conditional use permit, including cleaning up the site, and the payment of any damages, fines, forfeitures or penalties imposed by reason of violation thereof.
E.
Determination. The Plan Commission shall, based on evidence presented at the hearing, make a finding of the number of persons expected to attend the event. Such finding shall be final and conclusive on the applicant for the purpose of determining the amount of the permit fee and the applicability of those standards set forth herein which are dependent upon the number of persons attending the event.
F.
Standards. A public gathering conditional use permit shall not be issued unless it is determined, based on evidence produced at the hearing, that the following standards are or will be met:
(1)
For events scheduled for two successive days or more, at least one acre of land, exclusive of roads, parking lots and required yards, shall be provided for each 100 persons attending.
(2)
Every site proposed for a public gathering conditional use permit shall be on generally well-drained ground and shall not be a ground on which storm or other waters accumulate or on ground which is wet or muddy due to subsoil moisture.
(3)
The applicant shall provide proof that he or it will furnish, at his or its own expense, before the assembly commences:
(a)
A fence completely enclosing the proposed location of sufficient height and strength to prevent people in excess of the maximum permissible number from gaining access to the assembly grounds, which shall have at least four gates, at least one at or near four opposite points of the compass.
(b)
Physicians and nurses licensed to practice in Wisconsin sufficient to provide the average medical care enjoyed by residents of Wisconsin for the maximum number of people to be assembled at the rate of at least one physician for every 2,000 people and at least one nurse for every 1,000 people, together with an enclosed, covered structure where treatment may be rendered, containing separately enclosed treatment rooms for each physician, and at least one emergency ambulance available for use at all times.
(c)
If the assembly is to continue during hours of darkness, illumination sufficient to light the entire area of the assembly at the rate of at least five footcandles, but not to shine unreasonably beyond the boundaries of the enclosed location of the assembly.
(d)
A free parking area inside of the assembly grounds sufficient to provide parking space for the maximum number of people to be assembled at the rate of at least one parking space for every four persons.
(e)
Security guards, either regularly employed, duly sworn, off-duty Wisconsin peace officers or private guards, licensed in Wisconsin, sufficient to provide adequate security for the maximum number of people to be assembled at the rate of at least one security guard for every 500 people. If it is determined by the Town Chairperson that additional police protection shall be required, he may contact the County Sheriff's Department, and all costs for the additional protection required shall be deducted from the posted cash bond.
(f)
Fire protection, including alarms, extinguishing devices and fire lanes and escapes, sufficient to meet all state and local standards for the location of the assembly as set forth in the Wisconsin Administrative Code and ordinances of the county and municipality and sufficient emergency personnel to efficiently operate the required equipment.
(4)
The applicant shall provide adequate sanitary facilities which shall require a minimum of one approved toilet for each 100 persons in attendance.
(5)
The applicant shall provide an adequate source of pure water with sufficient supply outlets for drinking and other purposes to comfortably accommodate the number of persons expected to attend the event at the rate of one gallon per person per day. Where a public water supply is not available, potable water, meeting all federal and state requirements for purity, may be used. Any well or wells supplying any such site shall comply with the Wisconsin Administrative Code.
G.
Other licenses and permits required.
(1)
Any license as provided by Ch. 125, Wis. Stats., particularly Class "B" picnic licenses, shall be obtained by the applicant.
(2)
All required permits and licenses must be on file with the Zoning Administrator prior to issuance of the public gathering conditional use permit.
H.
Permit issuance. If approved, the Town Board shall direct the Zoning Administrator to issue the conditional use permit. Such permit shall be valid only on the dates for which the same is issued and shall permit the assembly of only the maximum number of people stated in the permit. The permit holder shall not sell tickets or permit the assembly at the approved location of more than the maximum permissible number of people.
I.
Revocation. It shall be the duty of Town law enforcement officers to enforce the provisions of this section. In the event of any noncompliance with this section by the applicant or owner of the site or any other person or in the event of violation or threatened violation of any conditions attached to the conditional use permit, Town law enforcement officers shall forthwith revoke such permit and issue a citation for such violations notifying the Town Attorney, who shall prosecute such violations and take appropriate legal action to restrain any further violation or threatened violation of this section.
§ 380-55 Commercial driveway and roadway access uses.
The following commercial driveway and roadway access uses are conditional uses and may be permitted as specified:
A.
Definition. Commercial driveway and roadway access uses, for purposes of this section, shall be defined as any public or private driveway, roadway, highway, street, alley or other thoroughfare constructed on private property for the purpose of providing ingress and egress from a public highway or road to a commercial or industrial use and on which it is anticipated that traffic will average more than 25 vehicle trips per day.
B.
Intent. The purpose and intent of this section is to regulate commercial driveways and roadway access uses, as defined in more detail above, in order to take into account the impact of those uses upon neighboring land, traffic patterns, and/or existing public facilities and highways.
C.
Application. Applications for the construction of a commercial driveway or roadway use shall be accompanied by the following: specifications for the construction of said commercial driveway or roadway use; estimates, prepared by the applicant, of the average number of vehicle trips and types of vehicles, including load weights if vehicles include semi-tractor-trailers, for the traffic that will be using the commercial driveway or roadway use; plat of survey prepared by a registered land surveyor showing the location, dimensions, and elevations of the proposed commercial driveway and roadway use; application fee and costs; and such other information as may be specifically requested by the Town of Trenton in furtherance of the intent of this section. The application shall further contain a statement made upon oath or affirmation by the applicant that the statements contained therein are true and correct to the best knowledge of the applicant and shall be signed and sworn to or affirmed by the individual making the application in the case of an individual, natural human being, by all officers in the case of a corporation, by all partners in the case of a partnership, or by all officers of an incorporated association, society or group, or, if there are no officers, by all members of such association, society or group.
D.
Application fee and costs. An application for a commercial driveway and roadway conditional use shall be filed with the Town Building Inspector in writing. The initial application fee as set forth on the schedule of deposits, bonds and fees shall accompany the application, unless waived or reduced by the Town Board. In addition, the Town Board may charge the applicant an additional fee to reimburse the Town for appropriate necessary costs and expenses incurred by the Town for attorneys' fees and experts' fees related to the application process. The total application fees, both initial and subsequent, shall not exceed $20,000 for any application.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E.
Bond. The Town Board shall have authority to require, and the Town Plan Commission may recommend, that any commercial driveway and roadway conditional use permit issued under this section shall not be effective unless there is on file with the Town Clerk a cash bond or a bond with a corporate surety duly licensed in the State of Wisconsin in the amount of $100,000. This bond is to assure that the applicant will comply with all the provisions of this chapter. As a term and condition of the commercial driveway and roadway conditional use, the applicant will save harmless, indemnify and defend the Town, its officers, it representatives and its agents of any expenses or costs incurred through the action of the applicant with regard to the use. Such expenses or costs shall specifically include, but are not limited to, repairs, damage, or injury to a public roadway or highway in the Town.
F.
Standards for review. In addition to those standards set forth in § 380-42 of this chapter, as amended, a commercial driveway and roadway conditional use permit shall not be issued without consideration, based upon evidence produced at the public hearing, of the following, as applicable to the specific request:
(1)
The load-bearing weight of vehicles that it is anticipated will be using the commercial driveway or roadway conditional use and the impact of the same on public Town highways and roadways;
(2)
The impact of the proposed use on traffic patterns in the area and the potential need for traffic markers, signs, and/or acceleration/deceleration traffic lanes to be provided by the applicant and/or landowner, if different, to lessen the impact on local traffic patterns;
(3)
Driveway width which shall safely accommodate the expected traffic patterns, vehicle trips, and types of vehicles;
(4)
Driveway length which shall safety accommodate the anticipated vehicle patterns, vehicle trips, and types of vehicles; and
(5)
Paving of driveways with the intent of minimizing the dust, noise, and/or other nuisance to neighboring properties and uses.
G.
Permit issuance. If approved, the Town Board shall direct the Zoning Administrator to issue the conditional use permit. Such permit shall contain those limitations and/or conditions determined by the Town Board.
H.
Revocation. In the event of any noncompliance with this section by the applicant or owner of the site or any other person or in the event of a violation or threatened violation of any conditions attached to the conditional use permit, the permit may be revoked after a public hearing upon a published Class 1 notice by the Town.
I.
State law applicability. Nothing contained herein shall be deemed to limit or restrict the application of any state law, including Ch. 86, Wis. Stats., or any administrative regulation of any state agency regulating the subject of this section.
J.
References. References within this section to the term "vehicle trip" shall be defined as an entry or an exit by a motor vehicle on the proposed use.
§ 380-56 Home occupations and professional home offices.
A.
Intent. The intent of this section is to provide a means to accommodate a small family home occupation business or professional home office without the necessity of a rezone into a commercial district, in some instances as a permitted use and in others as a conditional use. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.
B.
Permitted home occupations. Home occupations and professional home offices are a permitted use in all residential districts and country estate districts, provided that the following standards are completely adhered to, and such uses are subject to the requirements of the district in which the use is located:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.
(4)
No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated.
(6)
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7)
The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the gross floor area of any one floor of the dwelling unit (including the basement or cellar) shall be used in the conduct of the home occupation.
(8)
The home occupation shall be restricted to a service-oriented business. The manufacturing of items or products or the retail sale of items or products on the premises is prohibited.
(9)
One nonresident employee may work at the home occupation or professional home office.
(10)
Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.
C.
When conditional use permit required. A home occupation or professional home office which exceeds or does not satisfy the standards in Subsection B may only be maintained following the issuance of a conditional use permit. Uses which require retail sales, involve the parking or storage of commercial vehicles, or which utilize manufacturing or fabrication equipment require issuance of a conditional use permit or may be deemed as inappropriate for the site by the Town. The general intent of this section and the underlying zoning district shall be respected. Sale or transfer of the property shall cause the conditional use permit issued under this section to be null and void. Landscaping, lawn care, masonry, carpenter/contractor, and other businesses which may utilize off-site workers/employees are governed by § 380-48J.
§ 380-57 Group homes.
A.
Proximity. In the absence of compelling reasons to the contrary, it is the policy of the Town of Trenton that in order to prevent the concentration of group home facilities, no two group homes may locate within 1/4 mile of each other. There shall be a finding that there is no other home located within 1/4 mile of the proposed group home or that there are compelling reasons for disregarding this dispersal policy in a particular case.
B.
Conditional use. Group homes may only be allowed in residential districts as a conditional use.
C.
Exceptions. The Fair Housing Act does not extend to persons who claim to be disabled solely on the basis of having been adjudicated a juvenile delinquent, having a criminal record or being a sex offender. Furthermore, the Fair Housing Act does not protect persons who currently use illegal drugs, persons who have been convicted of the manufacture or sale of illegal drugs, or persons with or without disabilities who present a direct threat to the persons or property of others.
D.
Process. Upon notification by the State of Wisconsin of an application for licensure of an adult family home, community living arrangement, foster home or treatment foster home, the Town Clerk shall:
(1)
Request of the pertinent Town departments that within 15 days they provide a report on a form prescribed by the Town as follows:
(a)
The Chief of Police shall report, as applicable, with respect to the conditions and criteria set forth in § 380-42 and shall note any conditions which may adversely affect the health and safety of the residents of the facility proposed to be licensed.
(b)
The Fire Department shall report with respect to the criteria set forth in § 380-42 and shall note any conditions which may adversely affect the health and safety of the residents of the facility proposed to be licensed.
(c)
The Building Inspector or his/her agent or designee shall report with respect to the criteria set forth in § 380-42 and shall note any conditions which may adversely affect the health and safety of the residents of the facility proposed to be licensed.
(2)
No later than 30 days after notification by the state of a license application, conduct a public meeting for the purpose of identifying specific hazards which may affect the health and safety of the residents of the licensed facility. The license applicant shall attend the meeting. The meeting shall be preceded by written notice to the last known address of all property owners within 200 feet of the facility proposed to be licensed. Following the meeting, the Town Clerk shall prepare a list of specific hazards and forward the same to the State of Wisconsin.
E.
Access. The license applicant shall permit reasonable access to the proposed facility to Town employees and their agents for the purpose of conducting inspections necessary in the preparation of reports specified in Subsection D of this section.