Weyauwega City City Zoning Code
ARTICLE V
Conditional Uses
§ 530-34 Statement of purpose.
The development and execution of this chapter are based upon the division of the City of Weyauwega 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.
§ 530-35 Authority of Plan Commission and City Council; requirements.
The City Council hereby authorizes the Zoning Administrator to issue a conditional use permit after review, public hearing, and approval from the Plan Commission and City Council, 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 Commission or City Council action, 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, and the location and legal description of the affected premises. Prior to the granting of a conditional use, the City Council shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.[1]
Any development within 500 feet of the existing or proposed rights-of-way of freeways or 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 and City Council shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
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 Plan Commission and City Council upon their finding that these are necessary to fulfill the purpose and intent of this chapter.
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.
§ 530-36 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 chapter in the zoning district in which such land is located.
§ 530-37 Application for conditional use.
An application for a conditional use shall be filed on a form prescribed by the City. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures and the existing and proposed use of each structure and lot and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 530-40 hereinafter. The Plan Commission or City Council may require such other information as may be necessary to determine and provide for the enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock; vegetative cover; specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, and water supply systems; and arrangements of operations.
§ 530-38 Hearing on application.
All requests for conditional uses shall be to the City Council and Plan Commission, or the Plan Commission or City Council can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the City Council 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 § 530-37 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 the 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.
§ 530-39 Notice of hearing on application.
Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 notice under the Wisconsin Statutes in the official City 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 City Council and Plan Commission, and the owners of record as listed in the office of the City Assessor who are owners of property in whole or in part situated within 100 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. The Plan Commission shall report its action to the City Council within 45 days after a matter has been referred to it, after which the City Council shall take formal action.
§ 530-40 Standards for conditional uses.
Standards. No application for a conditional use shall be recommended for approval by the Plan Commission, or granted by the City Council, unless the Commission shall find all of the following conditions are present:
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.
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.
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.
Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
The conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
The proposed use does not violate floodplain regulations governing the site.
Adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.
Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the City Council and Plan Commission 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.
Additional considerations. In addition, in passing upon a conditional use permit, the Plan Commission shall also evaluate the effect of the proposed use upon:
The maintenance of safe and healthful conditions.
The prevention and control of water pollution, including sedimentation.
Existing topographic and drainage features and vegetative cover on the site.
The location of the site with respect to floodplains and floodways of rivers and streams.
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
The location of the site with respect to existing or future access roads.
The need of the proposed use for a shoreland location.
Its compatibility with uses on adjacent land.
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 530-41 Denial of application.
When an advisory recommendation of denial of a conditional use application is made by the Plan Commission or an actual denial by the City Council, the Plan Commission and/or City Council shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission and/or City Council has used in determining that each standard was not met.
§ 530-42 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the City Council 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 § 530-40 above. In all cases in which conditional uses are granted, the City 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:
Landscaping;
Type of construction;
Construction commencement and completion dates;
Sureties;
Lighting;
Fencing;
Operational control;
Hours of operation;
Traffic circulation;
Deed restrictions;
Access restrictions;
Setbacks and yards;
Type of shore cover;
Specified sewage disposal and water supply systems;
Planting screens;
Piers and docks;
Increased parking; or
Any other requirements necessary to fulfill the purpose and intent of this chapter.
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 may 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.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the City Council, after recommendation from the Plan Commission.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the City Council may require the use of certain general types of exterior construction materials and/or architectural treatment.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that 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.
§ 530-43 Term of conditional use permit. [1]
Where a conditional use application has been approved or conditionally approved, such approval shall become null and void within 24 months of the date of the approval 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 Council may extend such permit for a period of 90 days for justifiable cause, if application is made to the City Council at least 30 days before the expiration of said permit.
§ 530-44 Complaints regarding conditional uses.
The City Council 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. Upon written complaint by any citizen or official, the City Council 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 § 530-40 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 § 530-39 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The City Council may, in order to bring the subject conditional use into compliance with the standards set forth in § 530-40 or conditions previously imposed by the City Council, 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 standards in Subsections A and B in § 530-40 will be met, the City Council may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the City Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
§ 530-45 Bed-and-breakfast establishments.
As conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to this article.
Definition. "Bed-and-breakfast establishment" means any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.[1]
State standards. Bed-and-breakfast establishments shall comply with the standards of Ch. DHS 197, Wis. Adm. Code.
§ 530-46 Home occupations.
Intent. The intent of this section is to provide a means to accommodate a small family home-based business or professional home office as a conditional use without the necessity of a rezone into a commercial district. 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.
Restrictions on home occupations. Except as provided in Subsection C below, home occupations are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:
The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage.
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.
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.
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.
There shall be no demand for parking beyond that which is normal to the neighborhood. In no case shall the home occupation cause more than two additional vehicles to be parked on or near the premises.
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises. This shall not be interpreted to include delivery and/or pickup services such as United Parcel Service, Federal Express, etc., in the conduct of their normal operations.
No more than 25% of the gross floor area of the principal building shall be utilized by the home occupation.
The home occupation is restricted to a service-oriented business; the manufacturing of items or products or the sale of items or products on the premises is prohibited.
The types and number of equipment or machinery may be restricted by the City Council.
Activities which involve the manufacture, utilization, processing or storage of chemicals or inflammable and explosive material shall not be permitted.
Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.
No more than one nonresident employee may work on the home occupation premises.
Permitted use exception.
A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of Subsection B above are complied with and no more than one person works on the premises, no customers regularly come to the house, and the business is service-oriented and not engaged in retail trade. A conditional use permit shall be first obtained for home occupations that exceed the standards of Subsection B. Sale or transfer of the property shall cause the conditional use permit to be null and void.
Persons engaged in building trades or similar fields using their dwelling units or residential premises as an office for business activities carried on off the premises may have more employees than the limitations set forth in Subsection B(12) of this section if they are not employed on the premises. If such employees regularly come to the premises to take work assignments, however, a conditional use permit shall first be obtained.
Permitted home occupations. Permitted home occupations include, but are not necessarily limited to, the following:
Artists or sculptors.
Authors or composers.
Home crafts such as model making, rug weaving and cabinet making.
Office facility of a minister, rabbi, or priest.
Office facility of an attorney, architect, professional engineer, surveyor, landscape architect, insurance agent or real estate agent.
Private tutoring limited to three pupils at any one time.
Musical instruction limited to two pupils at a time.
Dressmaking.
Home occupations not permitted. The following uses, by the nature of the investment or extent of operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, home occupations not permitted include, but are not necessarily limited to, the following:
Barbershops and beauty parlors.
Antique shops.
Stables and kennels.
Medical offices, including, but not necessarily limited to, physicians, surgeons, dentists, chiropractors, or optometrists, for the general practice of the profession, except for consultation or emergency treatment.
Automobile repair or paint shops.
Restaurants and bakeries.
Unlisted home occupations. Any proposed home occupation that is neither specifically permitted by Subsection B or E nor specifically prohibited by Subsection F shall be considered a conditional use and be granted or denied by the City Council upon consideration of those standards contained in Subsection B and § 530-40 and in accordance with the procedures as required in this article.
§ 530-47 Townhouses.
The following standards, and not the standards contained in the schedules of district regulations, shall be applied to the construction of townhouses:
The overall density shall not exceed 15 dwelling units per acre.
The average lot width shall be at least 20 feet; however, no individual lot shall be narrower than 18 feet.
The average maximum lot coverage of principal and accessory buildings shall not exceed 50% and no individual lot shall be covered more than 60%.
The average front yard setback shall be 20 feet, but no building shall be located closer to the front property line than 15 feet.
Side yards of not less than 20 feet in width shall be provided at least every 160 feet and for every corner lot; zero lot lines are permitted in between.
The rear yard shall be not less than 20% of the depth of the lot.
No structure shall be higher than three stories or 35 feet.
One off-street parking space of not less than 180 square feet in area, exclusive of access drive or aisle, shall be provided for each dwelling unit.
§ 530-48 Public and semipublic uses. [1]
The following public and semipublic uses shall be conditional uses and may be permitted as specified:
Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in all districts.
Utilities in all districts, provided that all principal structures and uses are not less than 50 feet from any residential district lot line.
Public, parochial and private elementary and secondary schools and churches in the R-1, R-2, R-3, B-2 and I-1 Districts, 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.
§ 530-49 Recreational uses.
The following public recreational facilities shall be conditional uses and may be permitted as specified:
Archery ranges, bathhouses, beaches, boating, camps, conservatories, driving ranges, firearm ranges, golf courses, gymnasiums, ice boating, marinas, music halls, pools, riding academies, skating rinks, sport fields, stadiums, swimming pools, and zoological and botanical gardens in any district, provided that the lot area is not less than one acre and all structures are not less than 50 feet from any district boundary.
Commercial recreation facilities, such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, racetracks, rifle ranges, skating rinks, and theaters, are conditional uses and may be permitted in the R-2 District.[1]