West Bend Town City Zoning Code
ARTICLE V
Conditional Uses
§ 325-38 Purpose and intent.
A.
Uses listed as permitted by conditional use permit may be authorized in the district in which permitted, upon application to the Plan Commission and subject to the Commission's authorization of a conditional use permit. When an existing use or structure is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal use without further action of the Plan Commission. Changes to or substitution of conditional uses shall be subject to review and approval by the Plan Commission in accordance with this section.
B.
The Plan Commission shall consider the effect of granting a conditional use permit upon the health, safety, and general welfare of the Town 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; and the Town Comprehensive Plan or components thereof.
§ 325-39 Conditional use permit required.
A conditional use permit shall be required for the uses listed as conditional uses in this chapter. The Plan Commission shall review such application for a conditional use permit, hold a public hearing thereon in accordance with the requirements of Article XIV of this chapter, and report its findings and recommendations to the Town Board. The Town Board may thereafter authorize the Zoning Administrator to issue the conditional use permit, provided that such uses are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community.
§ 325-40 Conditional use permit application.
Applications for conditional use permits shall be made on forms furnished by the Town of West Bend.
§ 325-41 Review and approval.
The Plan Commission and Town Board shall review the site plans, landscape plans, 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.
A.
Conditions.
(1)
Conditions such as landscaping, architectural design, type of construction, floodproofing, anchoring of structures, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational 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.
(2)
The Plan Commission and/or Town Board, at its discretion, may adjust or require additional conditions to those listed in this section as needed to protect and enhance the health, safety, and welfare of the Town's residents and protect and enhance its natural and cultural features.
B.
Compliance. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses, except as allowed for "existing lots" in the R-1S and R-1S/MU Districts and as set forth in § 325-42. Variances shall only be granted as provided in Article XII.
C.
Amendments. 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 in § 325-39.
D.
Revocation of conditional use permit. Should a permit applicant or his or her 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. The process for revoking a permit shall generally follow the procedures for granting a permit as set forth in § 325-39.
§ 325-42 Residential uses.
The following residential and quasi-residential uses shall be conditional uses and may be permissible as specified:
A.
In any residential district. More than one principal structure, used as single-family dwellings, on a single lot if all principal structures conform to the following conditions:
(1)
The lot must have been a lot of record with the Washington County Register of Deeds on April 1, 1986. This may include lots that were subsequently altered from the combination of or addition to those lots of record (existing on April 1, 1986) by certified survey map, metes and bounds description, or other approved method.
(2)
The principal structures must have been present on that one single lot on April 1, 1986 (as can best be determined by available information and records). The condition of more than one principal structure on a lot cannot be created through the combination of lots that contained only one principal structure on each lot as of April 1, 1986.
(3)
All principal structures must have been used (as can best be determined by available information and records) as single-family dwelling units during the previous year.
(4)
All principal structures must be hooked up to an approved septic system or served by an approved municipal sewerage collection system.
(5)
The use, lot, and all principal structures must address all applicable district standards and other applicable standards of this chapter and other Town, county, state, and federal ordinances, regulations, laws, or statutes.
(6)
The presence of the multiple principal structures must not pose a threat to the public's health, safety or welfare.
(7)
For the period of time when there are multiple principal structures present on the single lot, one principal structure shall be designated and documented as the "primary principal structure" and the other principal structure(s) shall be designated and documented as the "secondary principal structure(s)." During this period, with appropriate approvals, both primary and secondary principal structures may undergo routine maintenance. However, only the primary principal structure may be enlarged, moved or otherwise structurally altered. The secondary principal structure(s) may not be moved to another location on the lot or undergo enlargement or structural alteration. In addition, any enlargement, moving or structural alternation of the primary principal structure will require appropriate review and approval of building, site and landscape plans and may require a new or amended conditional use permit.
(8)
Any additional conditions that the Plan Commission or Town Board deems necessary to protect the health, safety, or welfare of the Town and its residents.
B.
(Reserved)
C.
In the R-1N Residential District. New single-family residential lots in a conventional development (preferably with 10 or fewer lots), provided the overall density does not exceed one unit per 2.5 acres (based on the total site area). The development shall conform to all applicable site, building, parking, and landscape standards within this chapter as well as any additional requirements or conditions deemed appropriate by the Town.
(2)
Calculation of allowable number of units in R-1N conventional developments. To determine the allowable number of units, the following steps shall be taken:
(a)
Determine the total acreage of the site.
(b)
Determine the total acreage of Environmental Conservancy District area on the site.
(c)
Subtract the Environmental Conservancy District area from the total acreage of the site. Divide this number by 2.5 (acres) to determine the number of allowable units.
(d)
Use the following formula for calculating the allowable number units:
Allowable Number of Units = Total Site Area - Environmental Conservancy District Area ÷ 2.5 |
(e)
Example:
Total site area = 100 acres |
Total acreage of Environmental Conservancy District area = 45 acres |
Total allowable number of units = (100 - 45)/2.5 = 22 units |
(f)
The following table gives the range of the allowable number of units for a 100-acre parcel:
Total Site Area (acres) | 100 | |||||||||
Environmental conservancy district area acres | 90 | 80 | 70 | 60 | 50 | 40 | 30 | 20 | 10 | 0 |
Maximum allowable number of units | 4 | 8 | 12 | 16 | 20 | 24 | 28 | 32 | 36 | 40 |
Note: The total number of buildable units that are feasible on any parcel will vary depending on several factors, including but not limited to the following: the location and size of wetlands, streams or lakes, soil type, site topography, average lot size, total road area, and general creativity of the designer. When calculations yield numbers with decimals, the allowable number of units shall be rounded down to the nearest whole number. |
D.
In the R-1R Residential District. New single-family residential lots in a conventional development, provided the overall density does not exceed one unit per 3.5 acres (based on the total site area). The development shall conform to all applicable site, building, parking, and landscape standards within this chapter as well as any additional requirements or conditions deemed appropriate by the Town.
(1)
Design process and standards for new R-1R conventional developments. The following is the site design, review and approval process for conventional developments. The site developer should follow the process listed below as well as any additional requirements or conditions deemed appropriate by the Town Zoning Administrator or Plan Commission:
(a)
Create an environmental and cultural resources diagram for the site and surrounding area that identifies valuable existing environmental and cultural features that could be preserved. The analysis must include all county, state, and federally protected areas such as wetlands, lakes and streams. In addition the analysis should emphasis any new environmental features or amenities that may be created on site.
[1]
Existing natural environmental and cultural features to be identified and mapped, as applicable:
[a]
Please refer to § 325-26E(1).
[2]
Other possible environmental features or amenities not identified above that could be created or preserved (see § 325-160 "common open space" definition for descriptions):
[a]
Please refer to § 325-26E(2) and (3).
(b)
Review the environmental and cultural resources diagram and visit the site with Town representatives to evaluate important site features. The Town may require that a qualified ecologist, engineer, or land planner be included as part of the review. Establish an agreement between all parties as to what is valuable and should be preserved or enhanced in the conventional development plan.
(c)
Create a preservation and amenity diagram with the agreed upon items on the site to be preserved and/or created for Plan Commission review and acceptance.
(d)
Present the preservation and amenity diagram to the Plan Commission for review and finalization of site features to preserve and/or create as part of conventional development plan.
(e)
Create three conceptual sketch diagrams using the accepted preservation and amenity diagram in consultation with Zoning Administrator and other plan reviewers. All three sketch diagrams should retain the agreed upon environmental features and amenities to the largest extent possible and be acceptable development scenarios that the developer would be willing to pursue if approved. The following development design criteria should be used when creating the conservation development concepts:
[1]
Protect and create important environmental and cultural resources and site amenities. Protect all existing Town, county, state, and federally regulated environmental and cultural resources and all other existing environmental and culturally resources and new features identified on accepted preservation and amenity diagram. Conservation easements may be required to ensure preservation of the significant environmental and cultural features on the private lots.
[2]
Locate houses to minimize disruption to the natural character. Locate houses such that:
[3]
Locate houses so as to minimize the length of time the house is visible to drivers on public roads. Do this by placing houses behind landscape elements or natural features that reduce visibility of the house. Minimize the degree to which houses are prominently featured on ridges and hilltops, especially when they are visible to other houses and the public roads.
[4]
Connect the landscaping. Extend and connect the existing natural areas and environmental corridors with new plantings and landscaping that match the existing plantings and landscape. Create continuous landscape edges along public roads and between houses using mixtures of species that create a varied image as the seasons change.
[5]
Link trail systems. Link natural features on private parcels with a trail system which continues throughout the Town. Create features of culs-de-sac. Minimize the use of culs-de-sac except where necessary to preserve a natural feature. Include planting in the cul-de-sac and create formal shapes to provide a front "green" for the surrounding homes.
[6]
Road design. Design roads (and adjacent landscapes) so as to minimize a) the number of houses that are seen from roads; and b) the length of time houses are seen from the road. Where feasible, design roads with straight alignments that are aimed at natural vistas with no buildings in them. Use curves to slow traffic naturally, rather than to accommodate increased speed.
[7]
Preserve scenic drives. Preserve existing scenic drives in order to protect the natural character of the neighborhood.
[8]
Create walking and hiking trails. Create walking and hiking trails that are adjacent to public roads and act as buffers to residential uses. Integrate walking and hiking trails with the geometry and pattern of roads. Provide easements on private lots to provide trail access.
(f)
Provide the three conceptual sketch diagrams to the Plan Commission for review and possible conceptual approval. The Plan Commission may evaluate these alternatives according to the following criteria:
[1]
The degree to which the preservation and amenity diagram has been integrated into the overall site design.
[2]
The degree to which the development design criteria have been integrated into the overall site design.
[3]
The degree to which the site design conforms to the dimensional and allowable number of units as described in this section.
[4]
The degree to which the overall design and environmental preservation can be implemented based on the Chapter 310, Subdivision and Land Development, of the Town Code and other relevant Town, county, state, and federal regulations.
[5]
Whether the site design creates a visually appealing development that supports the overall goals of Town of West Bend as expressed in the Comprehensive Plan.
(g)
The Plan Commission shall review the three conceptual sketch diagrams and take one of the following actions:
[1]
Approve one of the three conceptual sketch diagrams as presented;
[2]
Approve one of the three conceptual sketch diagrams with conditions. The applicant shall make appropriate revisions and present a revised diagram to the Plan Commission;
[3]
Deny approval of all three conceptual sketch diagrams. The applicant may develop additional concepts for Plan Commission review.
(h)
Prepare preliminary and final plats for Town approval. Work with the Zoning Administrator and reviewers to translate approved development design into final plans.
(2)
Calculation of allowable number of units in R-1R Conventional Developments. To determine the allowable number of units, the following steps shall be taken:
(a)
Determine the total acreage of the site.
(b)
Determine the total acreage of Environmental Conservancy District area on the site.
(c)
Subtract the environmental conservancy district area from the total acreage of the site. Divide this number by 3.5 (acres) to determine the number of allowable units.
(d)
Use the following formula for calculating the allowable number units:
Allowable # of Units = Total Site Area - Environmental Conservancy District Area ÷ 3.5 |
(e)
Example:
Total site area = 100 acres |
Total acreage of Environmental Conservancy District area = 45 acres |
Total allowable number of units = (100 - 45)/0.5 = 16 units |
(f)
The following table gives the range of the allowable number of units for a 100-acre parcel:
Total Site Area (acres) | 100 | |||||||||
Environmental conservancy district area acres | 90 | 80 | 70 | 60 | 50 | 40 | 30 | 20 | 10 | 0 |
Maximum allowable number of units | 3 | 6 | 9 | 11 | 14 | 17 | 20 | 23 | 26 | 29 |
Note: The total number of buildable units that are feasible on any parcel will vary depending on several factors, including but not limited to the following: the location and size of wetlands, streams or lakes, soil type, site topography, average lot size, total road area, and general creativity of the designer. When calculations yield numbers with decimals, the allowable number of units shall be rounded down to the nearest whole number. |
E.
In the R-1S Shoreland Residential District.
(1)
For new or existing principal or accessory structures that do not meet permitted dimensional standards, located on existing lots, and which are undergoing structural alteration, improvement or modification that require a site plan permit or result in 500 square feet of site disturbance.
(a)
New or altered existing principal structures on lakeshore lots that are 50 feet or less in width, that exceed 25 feet in height, as measured from the lowest point, may be allowed up to 35 feet if one or more of the following conditions are met:
[1]
The existing principal structure is over 25 feet in height.
[2]
The existing surrounding buildings within 200 feet (on adjacent lots) average 30 feet or greater in height.
[a]
R-1S CUP - Average Height Diagram:
 |
[3]
The new or altered existing principal structure is designed with a ten-foot building projection in which the width of the projection extends across at least 60% of the shore yard building facade. This projected area should be designed with a maximum height of 25 feet to minimize the perceived height of the building as seen from the lake.
[a]
R-1S CUP - Elevation Projection Diagram:
 |
(b)
Additional general design considerations when reviewing building design for a conditional use permit:
[1]
When possible, new or altered existing principal structures should be designed to create layered and visually interesting building facades that harmonize with the surrounding lakefront buildings, through the use of building step-backs, varied roof forms, porches, etc.
[2]
Also, when possible, building facades should be designed to avoid the appearance of overly "tall and skinny" building proportions as viewed from the lake. In general, buildings should be designed to not exceed an approximately one-to-one vertical to horizontal proportion.
[a]
R-1S CUP - Building Proportion Diagram:
 |
[3]
Special attention should be given to buildings that have large areas of exposed basements visible from the adjacent lakes and other areas. Often the "perceived" overall height of the facade is eight to 10 feet taller than the official building height as measured from the mean elevation. In these cases, buildings, sites and landscape should be designed to reduce the visual impact of the exposed basement.
Note: The above design considerations should be applied with respect to the unique and unpredictable nature of possible building configurations and lot arrangements around the lakes. |
(c)
New or existing principal or accessory structures that do not meet permitted street, rear, or side yard setbacks must not encroach beyond the existing street, rear, or side yard footprints. In no case shall the side setback be less than three feet (absolute minimum side setback).
(d)
R-1S CUP - Yard Setback Diagram:
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F.
In the R-1S/MU Shoreland Residential/Mixed-Use District.
(1)
For new or existing principal or accessory structures that do not meet permitted dimensional standards, located on existing lots, and which are undergoing structural alteration, improvement or modification that requires a site plan permit or results in 500 square feet of site disturbance:
(a)
New or existing principal structures that do not meet the minimum living area of 1,200 square feet must not have an area less than the existing building square footage.
(b)
New or existing principal structures that do not meet the minimum first floor area of 600 square feet must not have an area less than the existing building footprint square footage.
(c)
Existing principal or accessory structures that exceed 35 feet in height may be permitted to be rebuilt to the existing height if the new roof structure is built within the building envelope of the existing roof structure (See R-1S/MU CUP - Building Height Diagram).
[1]
R-1S/MU CUP - Building Height Diagram.
 |
(d)
New or existing principal or accessory structures that do not meet permitted street, rear, or side yard setbacks must not encroach beyond the existing street, rear, or side yard footprints. In no case shall the side setback be less than five feet (absolute minimum side setback).
[1]
R-1S/MU CUP - Yard Setback Diagram).
.tif.png) |
(2)
For new or existing principal or accessory structures on existing lots that do not meet the impervious surface area requirements.
(a)
Structures on lots that have greater than the permitted maximum percentage of impervious surface area shall have an approved landscape plan, and should demonstrate that all stormwater can be managed on-site. Lots should be designed to minimize stormwater surface runoff from the lot through the use of pervious paving, rain gardens, bioswales, cisterns, rain barrels or other approved stormwater management techniques.
G.
(Reserved)