The Town Board of the Town of Herman may authorize the Zoning
Administrator to issue a conditional use permit for conditional uses
after review and public hearing by the Plan Commission, provided that
such conditional uses or structures are in accordance with the purpose
and intent of this chapter and are found not to be hazardous, harmful,
offensive, or otherwise adverse to the environment or the value of
the area.
A.
Applications for conditional use permits shall be made to the Zoning Administrator on forms provided by his or her office. Such applications shall be forwarded to the Plan Commission Secretary on receipt by the Zoning Administrator for distribution to the Plan Commission and Town Board. Such applications shall be preceded by an application for a land use permit, including all the information as required in § 384-10 for a land use permit.
C.
Fee in the amount set from time to time by resolution of the Town
Board shall be paid to the Town of Herman.
A.
When evaluating
a conditional use permit, the Town Board and Plan Commission shall
evaluate the proposed use on:
(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 vegetation cover of
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers or streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetation cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shoreline 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 system.
(10)
Locational factors under which:
(a)
Domestic uses shall be generally preferred.
(b)
Uses not inherently a source of pollution within an area shall
be preferred over uses that are or may be a pollution source.
(c)
Use locations within an area tending to minimize the possibility
of pollution shall be preferred over use locations tending to increase
the possibility.
B.
In order to secure information upon which to base its determination,
the Town Board and/or Plan Commission may require the applicant to
furnish, in addition to the information required for a land use permit,
the following information:
(1)
A plan of the area showing contours, soil types, high-water mark,
groundwater conditions, bedrock, slope and vegetative covers.
(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.
C.
The Town Board and/or Plan Commission in evaluating each application
may request assistance from other local, county, state or federal
agencies.
The Town Board and/or Plan Commission may attach such conditions,
in addition to those required elsewhere in this chapter, that it deems
necessary in furthering the purpose of this chapter. Violation of
any of these conditions shall be deemed a violation of this chapter.
Such conditions may include specifications for, without limitation
because of specific enumeration, type of shore cover; increased setback
and yards; specified sewage disposal and water supply facilities;
landscaping and planting screens; hours of operation; operational
control; sureties; deed restrictions; locations of piers, docks, parking,
and signs; type of construction; or any other requirement necessary
to fulfill the purpose and intent of this chapter.
Public hearings shall be held by the Plan Commission within
45 days of receiving a complete conditional use permit application.
There shall be a published Class 1 notice as provided in Ch. 985,
Wis. Stats. The Plan Commission Secretary shall notify all abutting
or opposite property owners as listed by the applicant in the original
application of the time, date and subject matter of the hearing. Failure
to comply with this provision shall not, however, invalidate any previous
or subsequent action on the application.
The Plan Commission shall forward a recommendation for approval,
denial, or approval with conditions to the Town Board within 30 days
after the public hearing on the application, unless an agreement with
the applicant is made to extend such time period. Within 30 days after
receiving a recommendation from the Plan Commission, the Town Board
may either approve, deny, or approve with conditions the conditional
use permit application, unless an agreement with the applicant is
made to extend such time period. Failure to act shall not be deemed
as a grant of the conditional use permit.
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 except as modified by this article. Variances shall only be granted as provided in Article X of this chapter. No permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, odors, noise, vibration, lighting, health hazards, or possibly of accident.
[Amended 12-11-2014 by Ord. No. 14-05]
Planned unit developments (PUD) are permitted as conditional
uses in all zoning districts except the Conservancy Zoning District
and the Agricultural Zoning Districts. PUD is intended to permit planned
developments generally containing not less than 40 contiguous acres
under one ownership or control.
A.
The procedure for obtaining a permit for the development of a PUD shall be as outlined in §§ 384-35 through 384-42 of this chapter, except that the following requirements shall also apply:
(1)
The applicant shall provide proof that the site under consideration
contains a minimum land area of not less than 40 acres under one ownership
or control. If the development is for a religious institution's
use (for example, churches, cemeteries and associated uses), the minimum
land area requirement does not apply. Additional land area may be
added to an existing PUD if it is adjacent or forms a logical addition
to an existing PUD. The procedure for additional land shall be the
same as if an original application was filed, and all of the requirements
of this article shall apply except the minimum acreage requirements.
(2)
The applicant shall furnish with his application 15 copies of a preliminary
plan, prepared or certified by a surveyor or engineer duly authorized
by the state to practice as such, showing the proposed general layout,
the general location of the various types of land uses, the proposed
densities of population in residential areas, major thoroughfare plan,
a public utility plan if public utilities are proposed or required,
a storm drainage plan and a plan showing the location of recreation
spaces, parks, schools and other public or community uses.
B.
Following approval by the Town Board and Plan Commission of a preliminary
plan, the applicant shall furnish 15 copies of a final plan, prepared
or certified by a surveyor or engineer duly authorized by the state
to practice as such, showing the layout of all major and local thoroughfares
and local streets, the location of all buildings, parking areas, pedestrianways,
utility easements, lot lines, open spaces, parks, recreation areas,
school sites, and playgrounds, the proposed use of all buildings and
the metes and bounds of all dedicated areas and lots, including any
recommendations or conditions of the Town Board. The applicant shall
also furnish a proposed deed of dedication, including restrictions
safeguarding the use of open spaces and preventing encroachment upon
open spaces between buildings. The applicant shall furnish a deed,
or deeds, to land determined by the Town to be needed for public elementary
and intermediate school purposes. When the final plan and deed of
dedication shall have been approved by the Town Board as being in
conformity with this section and with any changes or requirements
of the Town Board or Plan Commission on the preliminary plan and it
has been determined that the applicant has complied with the requirements
of the Dodge County Land Use Code, whether or not it is a subdivision,
it shall be approved for recordation and recorded. Thereafter, no
modification may be made in any final plan except by an amended final
plan submitted as provided for the original plan.
C.
In granting a permit for the development of a PUD the Town Board
shall make the following determinations:
(1)
That the overall population density shown on the PUD plan for residential
and associated industrial and commercial uses shall not exceed an
average density of 11 persons per acre. In computing population density,
a factor of 3.7 persons shall be used per one-family dwelling.
(2)
That a maximum of three residential density areas are shown on the
PUD plan. Such density areas shall be designated low, medium and high.
(a)
The population density within a low-density area shall not exceed
3.8 persons per acre of gross residential area.
(b)
The population density within a medium-density area shall not
exceed 14 persons per acre of gross residential area.
(c)
The population density within a high-density area shall not
exceed 60 persons per acre of gross residential area.
(3)
That in computing average density on any final plan of a part of
a PUD, which at the time of its creation was under one ownership or
control, any excess in land area over that required to support an
average density of 13 persons per acre of gross residential area in
any final plan previously recorded may be included. In other words,
as each successive final plan is submitted, the overall density of
all areas shown on recorded final plans within the proposed PUD as
approved by the Town Board shall be recomputed so that the average
population density of the developed areas within the recorded sections
of the PUD shall never at any time in the history of the development
exceed a density of 13 persons per acre.
(4)
That the uses shall be as shown on the preliminary plans.
(5)
That the location of all structures and designated building envelopes
shall be as shown on final plans. Building envelopes must be protected
by adequate covenants running with the land, conveyances or dedications.
(6)
That the proposed location and arrangement of structures shall not
be detrimental to existing or prospective adjacent dwellings or to
the existing or prospective development of the neighborhood. Open
spaces between structures shall be protected where necessary by adequate
covenants, running with the land, conveyances or dedications. There
shall be no minimum lot size, no minimum setback lines, no maximum
percentage of lot coverage and no minimum lot width in a PUD. However,
every single-family dwelling shall have access to a public street,
court, walkway or other area dedicated to public use, and no single-family
dwelling (except a townhouse or semidetached dwelling) and no addition
to any single-family dwelling shall be erected within a distance of
less than 16 feet from any other single-family dwelling.
Prior to granting a permit for the development or improvement
of a campground the Town Board and Plan Commission shall make the
following determination:
A.
The minimum size of a campground shall be five acres.
B.
The maximum number of campsites shall be 15 per acre.
C.
Minimum dimensions of a campsite shall be 25 feet wide by 40 feet
long.
D.
Each campsite must be separated from other campsites by a yard not
less than 15 feet wide.
E.
There shall be one automobile parking space for each campsite.
F.
In addition to the requirements of Article V of this chapter, there shall be a minimum yard setback of 40 feet from all exterior lot lines of the campground.
G.
It shall conform to the requirements of the Wisconsin Administrative
Code which shall apply until amended and then apply as amended.
B.
In granting a conditional use permit for residential uses in the
agricultural zoning districts, the Town Board and Plan Commission
will consider the following:
(1)
The proposed residential use should be generally located so as to
limit impacts upon agricultural operations in the surrounding area
or be situated in a location that minimizes, to the extent practicable,
impacts upon future inhabitants of such residence by agricultural
operations in the surrounding area.
(2)
The site(s) of the proposed residential use, to the extent practicable,
should be selected in areas not well suited for agricultural use by
virtue of wooded areas, topography, shape of parcel, soil characteristics,
and similar factors.
