(a)

Uses listed as permitted by conditional permit may be authorized in the district in which permitted upon application to the plan commission and subject to the commission's authorization of conditional use permit.

(b)

The plan commission shall consider the effect of such grant on the health, general welfare, safety and economic prosperity of the city and of the immediate area in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive, or nuisance effects resulting from noise, dust, smoke or odor and other factors.

(Code 1988, § 10-1-32(a); Ord. No. 1997-003, § 10-1-17(1), 4-14-1997)

(a)

A request for a conditional use grant shall be submitted in writing to the building inspector who shall promptly refer the application to the plan commission. The application shall be accompanied by the same information as is required for a building permit. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this article, including a site plan as specified in this article.

(b)

The plan commission shall review the site; existing and proposed structures and architectural plans; parking areas and driveway locations; highway access, traffic generation and circulation; drainage, sewerage and water systems; operation, conditions which will effect the maintenance of safe and healthful conditions, prevention and control of water pollution including sedimentation, the location of the site with respect to floodplains and the compatibility of the proposed use with the use of the adjacent land.

(c)

Upon consideration of the factors listed above, the plan commission may require such conditions, in addition to those listed elsewhere in this article, as it deems necessary in furthering the purpose of this article. Such conditions may include specifications for, without limitation because of specific enumeration, landscaping, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, increased setbacks and yards, type of shore cover, specified sewage disposal and water supply systems, planting screens, piers and docks, sights, or any other requirements necessary to fulfill the purpose and intent of this article.

(Code 1988, § 10-1-32(b); Ord. No. 1997-003, § 10-1-17(2), 4-14-1997)

The plan commission, through its chairperson, shall schedule a public hearing on the application within 30 days after it is filed but not less than 15 days.

(Code 1988, § 10-1-32(c); Ord. No. 1997-003, § 10-1-17(3), 4-14-1997; Ord. No. 11-003, 5-9-2011)

The plan commission shall report its decision within 90 days after the filing of the application. Its decision shall include an accurate description of the use permitted, of the property on which it is permitted, and any and all conditions made applicable.

(Code 1988, § 10-1-32(d); Ord. No. 1997-003, § 10-1-17(4), 4-14-1997)

When a conditional use is approved, an appropriate record shall be made of the land use and building permits and such grant shall be applicable solely to the structures, use and property so described.

(Code 1988, § 10-1-32(e); Ord. No. 1997-003, § 10-1-17(5), 4-14-1997)

Where a permitted conditional use does not continue in conformity with the conditions of the original approval, the conditional grant shall be terminated by action of the plan commission and may be considered by the commission as a violation of this article.

(Code 1988, § 10-1-32(f); Ord. No. 1997-003, § 10-1-17(6), 4-14-1997)

Land uses or activities listed in the land use schedule in article V of this chapter as being "conditional uses" shall not be considered permitted, and the zoning administrator shall not issue a zoning certificate for such uses or activities, until applicable conditions, as set forth below, have been complied with or a variance has been granted:

(1)

Animal hospital or pound. Animal hospitals or pounds shall have a lot area not less than three acres and all principal structures and uses shall be not less than 100 feet from any residential district.

(2)

Animal reduction. All principal structures and uses involving animal reduction shall be located at least 600 feet from residential, public and semipublic and commercial districts.

(3)

Airport, air strips and landing fields. Airports, air strips and landing fields shall have a lot area of not less than 20 acres.

(4)

Bag cleaning. All principal structures and uses involving bag cleaning shall be located at least 600 feet from residential and public and semipublic buildings.

(5)

Bakery. A bakery is permitted in a neighborhood commercial district provided that all goods processed and prepared on the premises are sold only on the premises.

(6)

Battery and tire sales and service. A battery and tire sales and service establishment is permitted in a service commercial district provided that:

a.

All storage and servicing occurs within a building and vehicles are not parked outdoors overnight.

b.

Access drives to parking and service areas are clearly defined by curbs and are no wider than 24 feet.

c.

All outside storage is screened from public view.

(7)

Bleacheries. Bleacheries shall be located at least 600 feet from residential and public and semipublic districts.

(8)

Boat sales and repair. A boat sales and repair establishment is permitted in the service commercial district provided that:

a.

Parking areas and access thereto are paved and clearly defined by curbing and are landscaped according to district standards or not less than a five-foot landscape area.

b.

A five-foot buffer strip (see section 66-1, Definitions) is planted along all property lines adjacent to a residential district.

(9)

Boat launching ramps, boat liveries and marinas. Marinas and boat liveries may be permitted provided that they are designed and constructed as to not interfere with adjacent riparian owner's uses of the water for swimming, fishing or boating; nor interfere or obstruct the public's free navigation. The minimum lot area of marinas and boat liveries shall be not less than one acre and 20,000 square feet respectively.

(10)

Business use. A business use is permitted within multifamily residential developments of 80 or more units or within multifamily buildings for the elderly of 50 or more units provided that ten percent of the first floor area of any one building may be devoted to commercial use designed to serve only the residents of the complex. Examples of such commercial uses might include beauty or barbershop, laundry, snack bar, etc.

(11)

Camping areas. Camping areas may be permitted provided that:

a.

The minimum size of a camping area shall be five acres.

b.

The maximum number of camping sites shall be ten per acre.

c.

Minimum dimensions of a camping site shall be 50 feet wide by 40 feet long.

d.

Each camping site shall be separated from other camping sites by a yard not less than 15 feet wide.

e.

There shall be 1½ automobile parking spaces for each camping site.

f.

There shall be a minimum setback for each camping site of 40 feet from all other exterior lot lines.

g.

The plan commission shall specify that adequate waste disposal facilities are provided.

(12)

Canneries. All principal structures and uses involving canning shall be located at least 600 feet from residential, public and semipublic and commercial districts.

(13)

Churches or other places of religious worship.

a.

In public and semipublic districts, churches shall have a lot area not less than two acres and shall have all principal structures and uses not less than 50 feet from any lot line.

b.

No structure may be located less than 30 feet from any residential lot line.

c.

Adjacent to residential lot lines, a heavily landscaped buffer strip at least 12 feet wide shall be provided.

(14)

Clubs, fraternities, lodges and meeting places of a noncommercial nature. Clubs, fraternities, lodges and meeting places of a noncommercial nature shall have all principal structures and uses not less than 25 feet from any lot line.

(15)

Drive-in theaters. Drive-in theaters shall have a planting screen at least 50 feet wide along any side abutting a residential district.

(16)

Dwelling, efficiency. One efficiency dwelling is permitted when such dwelling is included within the structure of an owner-occupied one family dwelling and does not occupy more than 30 percent of the total usable floor area not to exceed 200—400 square feet of such one-family dwelling.

(17)

Dwelling-multiple, family abutting RS-12, RS-8, or RS-2F districts. A multifamily dwelling is permitted adjacent to or across the street from RS-12, RS-8 and RS-2F districts provided that:

a.

The building setback requirements of the RS-12, RS-8 or RS-2F district are met and a landscaped buffer strip at least ten feet wide shall be established adjacent to the RS-12, RS-8 or RS-2F lot line and approved as part of site plan approval.

b.

Trash receptacles are located not less than five feet from any property line and are appropriately screened.

c.

Approved facilities are provided for the outdoor or indoor storage of seasonal vehicles, recreation equipment, and similar items.

(18)

Dwelling: single-family, duplex, multifamily, CC district. Dwelling units occupying second floor level as an accessory to permitted uses in the community commercial district.

a.

Residential dwelling units shall not be permitted on the ground floor in the CC district.

b.

One parking space shall be provided for each dwelling unit on premises or may be acceptable off premises with evidence of long-term availability.

c.

Residential units shall meet minimum standards for basic equipment, lighting, heating, ventilation, electrical services, and related standards specified in the city uniform dwelling code.

d.

Residential units shall have outside ingress/egress independent of the principal commercial use.

e.

Minimum floor space for dwelling units shall be 400 square feet.

f.

Efficiency units shall not be allowed.

(19)

Electric and steam generating plants. Electric and steam generating plants shall be located at least 600 feet from residential and public and semipublic districts.

(20)

Electroplating. All principal structures and uses involving electroplating shall be located at least 600 feet from residential and public and semipublic districts.

(21)

Enameling. All principal structures and uses involving enameling shall be located at least 600 feet from residential and public and semipublic districts.

(22)

Filling. Filling may be permitted provided that the fill material:

a.

Shall be suitable for its intended use; no fill intended for supporting buildings shall consist of junk, wood, paper, mulch, peat or any similar material which could cause subsidence.

b.

Is protected from erosion so as not to cause siltation of adjacent lands or navigable waters. The use of a temporary ground cover or other conservation practices such as sediment catch, basins or diversion terraces may be required in order to prevent erosion.

c.

Shall rest on a firm bottom and is stabilized according to accepted engineering standards.

d.

Shall not impede the drainage from adjacent lands as to create significant harm without the adjacent landowner's written consent.

e.

Shall not in any manner alter the course of a waterway on property belonging to someone other than the applicant.

(23)

Forges. Forges shall be at least 600 feet from residential and public and semipublic districts.

(24)

Foundries. Foundries shall be at least 600 feet from residential and public and semipublic districts.

(25)

Funeral homes. Funeral homes shall have all principal structures and uses not less than 25 feet from any lot line.

(26)

Grading. Grading of an area greater than the specified area may be permitted provided that:

a.

The smallest amount of bare ground shall be exposed for the shortest time feasible and permanent ground cover shall be established as soon as practical.

b.

Precautions shall be taken to prevent erosion and sedimentation through the use of silting basins, diversion, terraces or similar practices used individually or in combination where circumstances warrant such.

(27)

Hobby shop. A hobby shop may be permitted in a neighborhood commercial district provided that:

a.

Total floor area does not exceed 5,000 square feet.

b.

Testing or use of items sold or displayed occurs only within the shop.

(28)

Home occupations. Home occupations may be permitted provided:

a.

The occupation is conducted only by members of the family, within their place of residence.

b.

That no article is sold or offered for sale on the premises except that which is produced by the home occupation.

c.

That no stock in trade is kept or sold.

d.

That no mechanical equipment is used other than such as is permissible for purely domestic purposes.

e.

The home occupation is conducted only within the enclosed area of the dwelling unit or an attached garage. If such occupation is conducted in an attached garage it cannot displace the enclosed storage of property maintenance and recreational equipment.

f.

There are 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.

g.

No storage or display of materials, goods, supplies or equipment related the operation of the home occupation is visible outside any structure located on the premises.

h.

No use creates smoke, odor, glare, noise, dust, vibration, fire hazard, environmental hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

i.

Only one sign is used to indicate the type of occupation or business. The sign may not exceed 200 square inches in size and may not be illuminated. The appearance and content of the sign shall be subject to the approval of the Zoning Administrator.

j.

The use does not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

k.

The space required by the occupation or activity is no greater than 25 percent of the gross floor area of the dwelling on the lot or one half of an attached garage.

(29)

Hospitals. Hospitals shall have all principal structures and uses not less than 50 feet from any lot line.

(30)

Incinerator, public. All public incinerators shall be located at least 600 feet from residential and public and semipublic districts.

(31)

Junkyards. No junk or salvage yard shall be permitted in the city except in conformance with a plan approved by the city plan commission. Such yards shall comply with the following requirements:

a.

Junk or salvage materials shall not be located within 600 feet of public roads, streets and highways, and all establishments of this kind shall have minimum side and rear yards of 100 feet each.

b.

Junk or salvage materials shall be enclosed by a suitable fence or planting screen so that the materials are not visible from other property in the vicinity of the junkyard, nor from a public right-of-way such as roads, streets, highways and waterways. The fence or planting screen shall be kept in good repair.

c.

Junk or salvage materials shall not be piled higher than the height of the fence, or planting screen, nor against the fence or planting screen.

d.

For fire protection, an unobstructed firebreak shall be maintained, one road in width and completely surrounding the salvage or junkyard.

(32)

Lacquering. All principal structures and uses involving lacquering shall be located at least 600 feet from residential and public and semipublic districts.

(33)

Lithographing. All principal structures and uses involving lithographing shall be located at least 600 feet from residential and public and semipublic districts.

(34)

Manufacturing and bottling of alcohol beverages. Manufacturing and bottling of alcohol beverages shall be located at least 600 feet from residential and public and semipublic districts.

(35)

Manufacturing and processing of materials listed below. Manufacturing and processing of abrasives, acetylene, acid, alkalies, ammonia, asbestos, asphalt, batteries, bedding, bleach, bone, cabbage, candles, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oil cloth, paint, paper, peas, perfume, pickle, plaster of paris, plastics, poison, polish, potash, pulp, pyroxylin, radium, rope, rubber, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles and varnish shall be located at least 600 feet from residential and public and semipublic districts.

(36)

Manufacturing, processing and storage of materials listed below. Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast shall be located at least 600 feet from residential, commercial and public and semipublic districts.

(37)

Mineral extractions. Mineral extraction operations must meet the same conditions as required under Quarrying.

(38)

Mobile home parks. Mobile home parks are permitted as conditional uses pursuant to the provisions of chapter 34.

(39)

Nursery, greenhouse, truck garden. In a residential district, nurseries, greenhouses and truck gardens may be permitted provided that:

a.

No offensive odors and dust are created.

b.

Retail sales are limited to products grown on the premises and sold in the open or from a structure that is removed at the end of the growing season.

(40)

Nursing homes. Nursing homes shall have all principal structures and uses not less than 50 feet from any lot line.

(41)

Penal and correctional institutions. Penal and correctional institutions shall have all principal structures and uses not less than 50 feet from any lot line.

(42)

Planned unit developments. Planned unit developments are permitted as conditional uses pursuant to the provisions of article VII of this chapter.

(43)

Public transportation terminals such as heliports, bus and rail depots, except airports, airstrips and landing strips. Public transportation terminals such as, heliports, bus and rail depots shall have all principal structures and uses not less than 100 feet from any residential district boundary.

(44)

Quarrying. Applications requesting the plan commission's approval of a proposed quarrying activity shall be accompanied by:

a.

A description of all phases of the contemplated operation including types of machinery and equipment which will or might be necessary to carry on the operation. Where the operation is to include sand and gravel washing, the estimated daily quantity of water required, its source and its disposition shall be identified.

b.

A legal description of the proposed site.

c.

A topographic map at a minimum contour interval of five feet of the proposed site and the area extending beyond the site to a minimum distance of 300 feet on all sides.

d.

A restoration plan as hereinafter required.

e.

Consideration of compatibility. In reviewing a proposal for a quarrying activity, the plan commission shall take into consideration:

1.

The effect of the proposed operation on drainage and water supply, particularly in connection with sand and gravel washing.

2.

The possibility of soil erosion as a result of the proposed operation.

3.

The most suitable land use for the area and its effect on the land use in adjacent areas.

f.

Restoration plan and financial guarantee required. No grant to carry on a quarrying operation shall be given until the plan commission approves a restoration plan and the owner agrees to restore the quarried area to a condition of practical usefulness and reasonable physical attractiveness as provided in the conditional use permit or within six months after the quarrying operations have ceased. The owner shall provide sufficient financial guarantee to secure the performance of the restoration agreement. The agreement and financial guarantee shall be in a form approved by the city attorney.

g.

Conditions for approval. The plan commission may set forth conditions regarding appropriate setback and other dimensional requirements, particularly with reference to avoiding a nuisance effect on surrounding residential uses. Suitable fencing and landscaping may be required.

h.

Duration of conditional grant. The initial grant to carry on a quarrying operation shall not be effective for more than five years. Authorization may be extended for three additional years, subject to conditions specified by the plan commission.

1.

Within six months after the effective date of the ordinance from which this article is derived, the owners of all existing quarrying operations shall submit to the plan commission the names of the quarry owners and operators and information regarding its operation.

2.

Within one year after adoption of the ordinance from which this article is derived, the owners shall submit to the plan commission a plan for restoration of the quarrying site in accordance with subsection (44)f of this section. The restoration plan shall not impose requirements which are economically or engineeringly unreasonable with respect to conditions resulting from operation prior to enactment of this article.

3.

Within three years after the effective date of the ordinance from which this article is derived, any such existing operations shall be subject to any other applicable provisions of this article.

(45)

Recreation areas. Recreation areas may be permitted provided that:

a.

Compatibility. The area shall be compatible with adjacent land or water uses.

b.

Access. Entrances and exits are designed and located as to not interfere with the public's or adjacent landowner's access to public waters.

c.

Illumination. Any lighting facilities are designed as to minimize reflection or glare on or over the water except navigation aids.

d.

Sanitary systems. Sanitary systems are adequately designed for the intensity of use and are located as to not cause water pollution.

e.

Screening. Bleachers, spectator stands, motor-driven rides, concession stands, maintenance and storage buildings, parking lots and sanitary facilities are effectively screened from the water and adjacent properties by vegetative growth.

(46)

Rental service facility including vehicles. A rental service facility (including vehicles) may be permitted in a service commercial district provided that:

a.

Outdoor storage areas are located no less than ten feet from any property line.

b.

A landscaping plan has been approved for outdoor storage and parking areas.

c.

Access drives are clearly defined by curbs and are no wider than 24 feet.

(47)

Rest homes. Rest homes shall have all principal structures and uses not less than 50 feet from any lot line.

(48)

Road test facilities. Road test facilities shall be located at least 600 feet from residential, commercial and public and semipublic districts.

(49)

Roominghouse or boardinghouse. A roominghouse or boardinghouse is permitted in a residential district provided that:

a.

Cooking facilities are not in the boardingroom.

b.

Bathroom facilities must conform to all city housing and health codes.

c.

One on-site, off-street parking space shall be required per lodgingroom. If on-site parking spaces cannot be provided, required parking may be provided within 200 feet of the property where the lodgingrooms are located.

d.

All Wisconsin Administrative Code requirements shall be met and are hereby adopted by reference.

e.

Lodgingrooms shall be permitted at a density not to exceed one unit for each 2,000 square feet of lot area.

(50)

Sanitariums. Sanitariums shall have all principal structures and uses not less than 50 feet from any lot line.

(51)

Sawmills. Sawmills shall have all principal and accessory structures and uses located at least 600 feet from residential and public and semipublic districts.

(52)

Schools, public, parochial and private elementary and secondary. Public, parochial and private elementary and secondary schools in the residential and public and semipublic districts shall have a lot area of not less than two acres and shall have all principal structures and uses not less than 50 feet from any lot line.

(53)

Secondhand store. A secondhand store is permitted in a community commercial district or neighborhood commercial district provided that there is no outside, overnight storage of furniture, appliances or any other type of material or rummage.

(54)

Sewage disposal plant. Sewage disposal plants shall be located at least 600 feet from residential and public and semipublic districts.

(55)

Slaughterhouses. Slaughterhouses shall have all principal and accessory structures and uses located at least 600 feet from residential, commercial and public and semipublic districts.

(56)

Smelting. Smelting operations shall have all principal and accessory uses and structures at least 600 feet from residential, commercial and public and semipublic districts.

(57)

Stockyards. Stockyards shall have all principal and accessory uses and structures at least 600 feet from residential, commercial and public and semipublic districts.

(58)

Storage of buoyant materials of an inert nature, such as logs, boats and building materials. Storage of buoyant materials of an inert nature such as logs, boats and building material are removed or restrained from floating during periods of high water. Failure to prevent such material from floating off the immediate premises shall constitute a violation of this article.

(59)

Storage of dangerous materials that are flammable, explosive or injurious to human, animal or plant life. The storage of dangerous materials that are flammable, explosive or injurious to human, animal or plant life may be permitted providing that such materials are stored within a floodproofed building or structure or in a floodproofed underground tank. Failure to confine such material to the storage area during periods of high water shall constitute a violation of this article.

(60)

Tanneries. Tanneries shall have all principal and accessory structures and uses located at least 600 feet from residential and public and semipublic districts.

(61)

Temporary building or fence. A temporary building or fence is permitted when such building or fence is related to a construction project and located on the same lot where such construction is being undertaken or on a lot contiguous thereto.

(62)

Utilities. Utilities shall have all principal structures and uses not less than 40 feet from any residential lot line.

(63)

Vehicle sales, service, washing and repair stations. Vehicle sales, service, washing and repair stations shall have all gas pumps not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street line.

(64)

Work in respect to waterways.

a.

Shall not impede the drainage of adjacent lands without the written consent of the adjacent landowners.

b.

Shall not result in a change or alteration in the direction of flow or a reduction in normal volumes of water that would be detrimental to adjacent landowners or to the public interest.

c.

Shall not result in degrading water quality in navigable waters including the capability to sustain fish and other aquatic life.

d.

Shall not create detrimental effects upon the wildlife habitat on lands belonging to individuals other than the applicant.

e.

Shall not be incompatible with adjacent land uses, create a safety hazard or a nuisance.

f.

Shall have the walls of artificial channels or watercourses stabilized to prevent slumping and erosion.

(65)

Wrecking yard. Wrecking yards shall meet the same requirements as those specified for junkyards.

(66)

Zero lot line. Zero lot line dwellings in the residential two-family, RS-2F district shall meet district requirements and in addition shall meet the following conditions:

a.

The developer shall show compliance of lot recordation.

b.

Public services and utilities shall be provided to each specific dwelling unit.

c.

Front yards shall have public street orientation.

d.

The adjacent lots are held under the same ownership at the time of initial construction of the attached dwellings.

e.

Each unit shall have individual driveway access and parking.

f.

Restrictive covenants shall be recorded at the county register of deeds providing declarations and/or bylaws similar to those recorded on a declaration of condominium. Said covenants shall provide for mediation of any and all disputes between owners of each unit and with any third party with regard to construction, use, and maintenance of the real property. Furthermore, said covenants shall specifically state that the city and all approving authorities shall not be held responsible for same and that said covenants shall run with the land and inure to all heirs/successors and assigns.

(Code 1988, § 10-1-33; Ord. No. 1997-003, § 10-1-17(7), 4-14-1997)