The development and execution of this chapter is based upon
the division of the City of Fox Lake 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 and are those uses specifically designated as conditional uses
by the zoning district or which are classified as a conditional use
under the review procedures in this article.
[Amended 3-6-2013]
A.
The Common Council after review by the Planning Commission may authorize
the Zoning Administrator to issue a conditional use permit for either
regular or limited conditional use after review and public hearing,
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 Common Council 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 Common Council 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 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 traffic
way. The Common Council 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 Common
Council 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.
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 in the zoning
district in which such land is located.
[Amended 3-6-2013]
A.
Required application materials. An application for a conditional
use shall be filed in duplicate on a form prescribed by the City.
Such application shall be forwarded to the Common Council and Planning
Commission on receipt by the City Clerk. Such application shall include
where applicable:[1]
(1)
A statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 520-30 hereinafter.
(2)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all property owners of record
within 100 feet.
(3)
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 lies.
(4)
Plat of survey showing all of the information required for a building
permit and existing and proposed landscaping.
B.
Plans. In order to secure information upon which to base its determination,
the Common Council or Planning Commission may require the applicant
to furnish, in addition to the information required for a building
permit, the following information:
(1)
A plan of the area showing contours, soil types, high-water mark,
groundwater conditions, bedrock, slope and vegetation cover.
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, open spaces, landscaping, and lighting.
(3)
Plans for buildings, sewage disposal facilities, water supply systems
and arrangements of operations.
(4)
Specifications for areas of proposed filling, grading, lagooning
or dredging.
(5)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
[Amended 3-6-2013]
Upon receipt of the application and statement referred to in § 520-27 above, the Common Council shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Council. 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 Common Council shall, by rule, prescribe from time to time.
[Amended 3-6-2013]
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 1 notice, as prescribed by the
Wisconsin Statutes, at least 10 days prior to the public hearing 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 Common Council and Planning 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 14 days prior to the date of such public hearing.
Failure to comply with this provision shall not, however, invalidate
any previous or subsequent action on the application.
[Amended 3-6-2013]
A.
No application
for a conditional use shall be granted by the Common Council on appeal
unless 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 Common Council 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 Common Council 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.
[Amended 3-6-2013]
When a decision of denial of a conditional use application is
made, the Common Council shall furnish the applicant, in writing when
so requested, those standards that are not met and enumerate reasons
the Common Council has used in determining that each standard was
not met.
[Amended 3-6-2013]
Any action of the Common Council in granting or denying a conditional
use permit may be appealed to the Zoning Board of Appeals if a written
request for an appeal is filed within 10 days after the date of the
Common Council's action in granting or denying the permit. Such request
for appeal shall be signed by the applicant or by the owners of at
least 20% of the land area immediately adjacent extending 100 feet
therefrom or by the owners of 20% or more of the land directly opposite
thereto extending 100 feet from the street frontage of such opposite
land. The request shall be filed with the Zoning Administrator who
shall submit it to the Zoning Board of Appeals at its next meeting,
together with any documents and other data used by the Common Council
in reaching its decision. The Zoning Board of Appeals may consider
the matter forthwith, refer the matter to a subsequent meeting or
set a date for a public hearing thereon. In the event the Zoning Board
of Appeals elects to hold a public hearing, notice thereof shall be
given by mail to the known owners of the lands immediately adjacent
thereto and directly opposite any street frontage of the lot or parcel
in question and by publication of a Class 1 notice in the official
newspaper at least 10 days before the date of the hearing. The Zoning
Board of Appeals may either affirm or reverse, by a two-thirds vote,
in whole or in part, the action of the Common Council and may finally
grant or deny the application for a conditional use permit.
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Common Council, or the Zoning Board of Appeals on appeal, 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 § 520-30 above. In all cases in which conditional uses are granted, the Common Council 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:
[Amended 3-6-2013]
(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; or
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In reviewing each application, the Common Council and
Planning Commission shall evaluate each application and may request
assistance from any source which can provide technical assistance.
The Common Council and/or Planning Commission may review the site,
existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, stormwater detention, highway
access, traffic generation and circulation, drainage, sewerage and
water systems and the proposed operation/use.
[Amended 3-6-2013]
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Common Council after review
by the Planning Commission.
[Amended 3-6-2013]
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Common Council may require the use of certain general types
of exterior construction materials and/or architectural treatment.
[Amended 3-6-2013]
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. No conditional
use permit shall be granted where the proposed use is deemed to be
inconsistent or conflicting with neighboring uses for reasons of smoke,
dust, odors, noise, vibration, lighting, health hazards or possibility
of accident.
[Amended 3-6-2013]
Where the Common Council 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 Common Council 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 Common Council may extend such
permit for a period of 90 days for justifiable cause, if application
is made to the City at least 30 days before the expiration of said
permit.
[Amended 3-6-2013]
The Common 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 Common 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 § 520-30 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 § 520-29 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Common Council may, in order to bring the subject conditional use into compliance with the standards set forth in § 520-30 or conditions previously imposed by the Common Council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 520-33. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-4 of this Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 520-30A(1) and (2) will be met, the Common 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 Common Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Common Council under this section may be taken to the Zoning Board of Appeals.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential districts pursuant
to the requirements of this article.
B.
AGENT
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person designated by the owner as the person in charge
of such establishment and whose identity shall be filed in writing
with the Zoning Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
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]
C.
Regulations.
(1)
Location. All bed-and-breakfast units shall be established within
a principal structure only.
(a)
A bed-and-breakfast may be located in a formally designated
local, state or national historical structure with an area of not
less than 1,000 square feet of living space.
(b)
A bed-and-breakfast may be located in an existing single-family
dwelling with an area of not less than 1,000 square feet of living
space; however, a new single-family dwelling shall not be constructed
for the purpose of establishing a bed-and-breakfast.
(3)
Domicile requirement. The bed-and-breakfast shall be the domicile
for the owner or manager.
(4)
Employee restriction. The bed-and-breakfast shall employ not more
than the equivalent of two full-time persons who are not domiciled
in the principal structure.
(5)
Dining and other facilities. Dining and other facilities shall not
be open to the public but shall be used exclusively by the registered
guests and residents, unless allowed by a separate permit.
(6)
Compliance with state standards. All bed-and-breakfast establishments
and licensees shall be subject to and comply with Ch. ATCP 73, Wis.
Adm. Code, relating to bed-and-breakfast establishments or Ch. ATCP
72, Wis. Adm. Code, relating to hotels, motels and tourist rooming
houses.
(7)
Registry. Each bed-and-breakfast establishment shall provide a register
and require all guests to register their true names and addresses
before assigned quarters. The register shall be kept intact and available
for inspection by a City representative for a period of not less than
one year.
D.
Permit required.
(1)
City permit required. In addition to the permit required by Ch. ATCP
72 or Ch. ATCP 73, Wis. Adm. Code, before opening for business every
bed-and-breakfast establishment shall obtain a permit from the Zoning
Administrator by application made upon a form furnished by said officer
and shall obtain a conditional use permit.
(2)
Application requirements. The following is required to be furnished
at the time an application is filed for a conditional use permit in
addition to the other application requirements of this article:
(3)
Display of permit. The permit issued by the Zoning Administrator
shall be conspicuously displayed in the bed-and-breakfast establishment.
E.
Off-street parking required. Permits shall be issued only to those
establishments that provide a minimum of one improved off-street parking
space for each room offered for occupancy. Establishments otherwise
qualifying under this section regulating bed-and-breakfast establishments
shall not be subject to the other requirements of the Zoning Code
with respect to traffic, parking and access.
F.
On-site signs. Total signage shall be limited to a total of 12 square
feet and may be lighted in such manner and nature as to not alter
or deteriorate the nature of the surrounding neighborhood. Establishments
otherwise qualifying under this section regulating bed-and-breakfast
establishments shall not be subject to the requirements of this Zoning
Code with respect to signs.
G.
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Common Council shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection D above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section or of State of Wisconsin regulations as set forth in Ch. ATCP 72 or Ch. ATCP 73, Wis. Adm. Code, or as above provided.
[Amended 3-6-2013]
A.
Intent. The intent of this section is to provide a means to accommodate
a small home-based family or professional business without the necessity
of a rezoning from a residential to a commercial district. Approval
of an expansion of a 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; restrictions. Home occupations, including
professional home offices, meeting the requirements of this subsection
are a permitted 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 requirements:
(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 structures located on the premises.
(4)
No home occupation 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.
(6)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises.
(7)
A permitted home occupation is restricted to a service-oriented business
prohibiting the manufacturing of items or products or the sale of
items or products on the premises. Examples of service-oriented businesses
are, but are not limited to, computer programming, accounting, insurance
agency and computer-based consulting and clerical services.
(8)
A permitted home occupation shall not occupy more than 35% of the
gross floor area of the dwelling.
(9)
Persons employed by a permitted home occupation shall be limited
to resident family members and no more than two nonresident employees.
(10)
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation.
C.
Conditional use home occupations.
