A.
No provisions of this chapter shall be construed to
bar an action to enjoin or abate the use or occupancy of any land,
buildings or other structures as a nuisance under the appropriate
laws of the state.
B.
No provisions of this chapter shall be construed to
prohibit the customary and necessary construction or maintenance of
over-ground or underground public utilities neighborhood service lines
and mechanical appurtenances thereto, where reasonable and necessary
for the preservation of the public health, safety, convenience and
welfare; however:
[Amended 4-23-2007 by Ord. No. 511]
(1)
The placement of said utilities in Village rights-of-way shall be subject to § 191-3 of this Code; and
(2)
The placement of said utilities in the front or side
yard of any lot in the Village shall be subject to the following:
(a)
Unless in conflict with state or federal law,
except when existing aboveground facilities are used, the installation
of new facilities and replacement of old facilities shall be done
underground or contained within buildings or other structures in conformity
with applicable codes.
(b)
All aboveground structures, cabinets or boxes
shall be precisely indicated on plans submitted to the Zoning Administrator,
or, if applicable, the Plan Commission, including the size and appearance
thereof. The Zoning Administrator or Plan Commission may require alternative
placement of said structures, cabinets or boxes as part of the permitting
process if the Administrator or Plan Commission determines that the
planned placement interferes with public safety, health or welfare.
The Administrator or Plan Commission may also reasonably require screening
of said structures, cabinets or boxes if the Administrator determines
that the public welfare is harmed by the potential diminution of property
values in the area because of the appearance of said structures, cabinets
or boxes.
C.
The use of buildings hereinafter erected, converted,
enlarged or structurally altered and the use of any land shall be
in compliance with the regulations established herein for the district
in which such land or building is located.
D.
Every building hereafter erected, converted, enlarged or structurally altered shall be located on a lot, and in no case shall there be more than one main building on one lot except as provided in Subsection F below.
E.
Nothing herein contained shall require any change
in the plans, construction, size or designated use of any building
or part hereof for which a building permit has been issued before
December 13, 1982, or the effective date of the applicable amending
ordinance, the construction of which shall have been started within
six months from the date of such permit.
F.
Nonconforming uses and structures.
[Amended 1-23-2006 by Ord. No. 489; 12-11-2006 by Ord. No.
506; 11-11-2013 by Ord. No. 610]
(1)
The existing lawful use of a building, premises, structure, fixture, land or water on December 13, 1982, or at the time of the enactment of any applicable amendment to this chapter, may be continued, although such use does not conform with the provisions of this chapter for the district in which it is located. Nonconforming signs shall be regulated pursuant to Article VI of this chapter (see § 245-53).
(2)
Nonconforming uses. A nonconforming use is the use of a building,
premises, structure or fixture that was lawful at the time of enactment
of a use regulation under this chapter and is not in conformity with
the provisions of this chapter.
(a)
Only that portion of the land or water in actual use at the
time of the enactment may be so continued, and a nonconforming use
may not be enlarged or extended.
(b)
A nonconforming use shall not be changed to any other nonconforming use unless and until a permit therefor shall first have been secured from the Board of Appeals after notice and hearing as set forth in § 245-54. The Board of Appeals may not allow a change of a nonconforming use in a floodplain district unless the change is in conformance with Chapter 256 of this Code.
[1]
For the purposes of this chapter, the uses permitted in the
Single-Family Residence District comprise the most-restricted classification,
and the uses permitted in the other districts comprise progressively
less-restricted classifications in the following order: Two-Family
Residence District, Multiple-Family Residence District, Business and
Commercial District, Business and Industrial District.
[Amended 8-13-2018 by Ord. No. 658]
[2]
The Board of Appeals may not allow a nonconforming use to be
changed to a less-restricted use.
[3]
The Board of Appeals may authorize the change of a nonconforming
use to another of the same classification, provided that the Board
of Appeals shall find that the proposed change of use will be no more
harmful to the character of the neighborhood than the existing nonconforming
use.
[4]
The Board of Appeals may allow a nonconforming use of a building,
structure, fixture or premises to be changed to another nonconforming
use of a more-restricted classification.
[5]
Whenever a nonconforming use has been changed to a more-restricted
nonconforming use or a conforming use, such use shall not thereafter
be changed to a less-restricted use.
(c)
If the nonconforming use is discontinued for a period of 12
months, any future use of the building, premises, structure or fixture
shall conform to the regulations for the district in which it is located.
(d)
When a building, premises, fixture or structure containing a
nonconforming use is damaged to the extent of more than 50% of its
current assessed value, as determined by the Village Assessor, it
shall not be restored except in conformity with the regulations of
the district in which it is located. The total structural repairs
or alterations in any building, premises, structure or fixture containing
a nonconforming use shall not, during its life, exceed 50% of the
assessed value of the building, premises, structure or fixture unless
permanently changed to a conforming use.
(3)
Nonconforming structures. In this section, "development regulations"
means the part of this chapter that applies to elements including
but not limited to setback, height, lot coverage, side yard, frontage,
lot width, area, yard, parking, or loading requirements. "Nonconforming
structure" means a dwelling or other building that existed lawfully
before the current Zoning Code was adopted or amended, but that does
not conform with one or more of the development regulations, including
setback, height, lot coverage, and side yard, in the current Zoning
Code.
[Amended 8-13-2018 by Ord. No. 658]
(a)
Subject to the provisions of Subsection F(3)(c) of this section, structural additions and enlargements to existing legal nonconforming structures are permitted to the extent that such structural additions and enlargements do not create or increase nonconformity with applicable setback lines or applicable yard, area, height, parking, loading or access provisions of this chapter. No point on the proposed addition or enlargement shall have a distance to a lot line that is shorter in length than the distance required by current street setback and yard regulations.
(b)
Pursuant to Wis. Stats. § 62.23(7)(hb), a nonconforming
structure may be repaired, maintained, renovated or remodeled without
regard to the cost of the work.
(c)
Subject to Subsection F(3)(d) and Wis. Stats. § 62.23(7)(hc), a nonconforming structure that is damaged beyond repair or destroyed may not be restored or rebuilt except as follows: such a structure may be restored to the size, location and use that it had immediately before the damage or destruction occurred, without limitation as to the costs of repair, reconstruction, or improvement, if all of the following apply:
(d)
A damaged or destroyed nonconforming structure that meets the requirements under Subsection F(3)(c)[2] may be restored to a larger size than it was immediately before the damage or destruction if necessary for the structure to comply with applicable state or federal requirements.
(4)
Nonconforming uses and structures located in the floodplain districts. Repairs and alterations to a building, premises, structure, fixture, land or water located in a floodplain district shall conform to the requirements of Chapter 256, specifically § 256-6.[1]
[1]
Editor's Note: Former Subsection G, regarding
development plans for housing projects, which immediately followed
this subsections, was repealed 6-23-2008 by Ord. No. 529. Additionally,
former Subsections H, Accessory buildings, uses and other structures,
as amended; I, Board of Appeals provisions, as amended; and J, Temporary
use permits, as amended, were repealed 7-23-2018 by Ord. No. 658.
[Amended 9-22-2003 by Ord. No. 438; 8-13-2018 by Ord. No. 658]
A.
No lot area shall be so reduced that the yards and
open spaces shall be smaller than is required by this chapter, nor
shall the density of population be increased in any manner except
in conformity with the area regulations hereby established for the
district in which a building or premises is located.
B.
Where a lot has an area less than the minimum number
of square feet per family required for the district in which it is
located and was of record as such on the effective date of an amendment
to said requirement, such lot may be occupied by one family, provided
all state laws and Village ordinances are complied with.
C.
Lot regulations.
(1)
In this chapter, "substandard lot" means a legally created lot or
parcel that met any applicable lot size requirements when it was created,
but does not meet current lot size requirements.
(2)
No ordinance or person may prohibit a property owner from:
(a)
Conveying an ownership interest in a substandard lot.
(3)
No ordinance or person may require one or more lots to be merged
with another lot, for any purpose, without the consent of the owners
of the lots that are to be merged.
A.
Except as otherwise provided in this chapter, the
height of any building hereafter erected, converted, enlarged or structurally
altered shall be in compliance with the regulations established herein
for the district in which such building is located.
C.
Chimney, towers, poles and antennas.
[Amended 3-13-2017 by Ord. No. 650]
(1)
Chimneys,
cooling towers, elevator bulkheads, fire towers, monuments, stacks,
tanks, water towers, ornamental towers, spires, wireless, television
or broadcasting towers, masts or aerials, microwave radio relay structures,
cell towers, and necessary mechanical appurtenances are hereby excepted
from the height regulations of the chapter and may be erected in accordance
with other regulations or ordinances of the Village. In order to qualify
for this exception, however, the setback from every property line
shall be increased to equal the height of the structure unless an
engineering study provided by the applicant proves that the fall zone
of the structure is less than the height of the structure, and in
that case the setback from all property lines shall be at least equal
to the fall zone.
(2)
Telephone,
telegraph and power transmission poles and lines 60 feet or less in
height and noncommercial aerial antennas 25 feet or less in height
are excepted from the height regulations of this chapter and may be
erected in accordance with the other regulations and ordinances of
the Village.
D.
Residences in the residence district may be increased
in height by not more than 10 feet when all yards and other required
open spaces are increased by one foot for each foot by which such
building exceeds the height limit otherwise established for the district
in which it is located.
E.
Where a lot abuts on two or more streets or alleys
having different mean established grades, the higher of such grades
shall control only for a depth of 120 feet from the line of the higher
mean established grade.
[Amended 1-23-2006 by Ord. No. 489]
F.
On through lots which extend from street to street,
the height of the main building may be measured from the mean elevation
of the finished grade along the end of the building facing either
street.
G.
A basement shall be counted as a story for purposes
of height measurement if the vertical distance between the ceiling
and the average level of the adjoining ground is more than five feet
or the basement is used for dwelling purposes.
A.
No part of a yard or other open space provided about
any building for the purpose of complying with the provisions of this
chapter shall be included as part of a yard or other open space required
for another building.
B.
Any side yard, rear yard or court abutting a district
boundary line shall have a minimum width and depth in the less restricted
district equal to the average of the required minimum width and depths
for such yards and courts in the two districts which abut the district
boundary line. See § 245-22B(2).
C.
Where adjacent properties are occupied by principal
buildings which have setbacks greater or less than the setback required
by the district, the minimum setback of the subject principal building
shall be the average setback established by the adjacent principal
buildings, but in no case shall be less than 15 feet in residential
districts. Attached garages shall be considered to be part of the
principal building. Accessory buildings which are separate from the
principal building shall not be located in the setback area, and existing
freestanding accessory buildings located within the setback or side
yard area shall not be used to establish average setbacks.
[Amended 9-26-2005 by Ord. No. 481; 1-23-2006 by Ord. No.
489]
D.
In cases where the adjacent building sites are vacant,
the setback shall equal the average of the setbacks of the next principal
building in each direction on the same side of the street in the same
block. If there is only one other principal building or there are
no other principal buildings on the same side of the street in the
same block, the district setback shall apply.
[Amended 9-26-2005 by Ord. No. 481]
E.
Buildings on through lots and extending from street
to street may waive the requirement for a rear yard by furnishing
an equivalent open space on the same lot in lieu of the required rear
yard, provided that the setback requirements on both streets are complied
with.
F.
Every part of a required yard shall be open to the
sky unobstructed, except for accessory buildings in a rear yard, and
the ordinary projections of sills, belt courses, cornices and ornamental
features projecting not more than 36 inches. However, no such ornamental
feature shall project over a street line more than eight inches.
G.
Open or enclosed fire escapes and fire towers may
project into a required yard not more than five feet and into a required
court not more than 3 1/2 feet, provided they be so located as
not to obstruct light and ventilation.
H.
Vision clearance at intersections.
[Added 8-9-1999 by Ord. No. 383; amended 1-28-2008 by Ord. No.
523; 11-11-2013 by Ord. No. 610]
(1)
Corner lot. On a corner lot in any district, no obstructions, such
as structures, parking or vegetation, shall be erected, placed, planted
or allowed to grow to impede vision between a height of two feet and
10 feet above the curbline grade in the vision clearance triangle.
(2)
Dimensions.
(a)
Definitions. In this subsection:
[1]
The "vision distance lines" are:
[a]
At the intersection of two public or private streets,
the lines extending a designated length from the intersection of the
streets along the back of the curb of each street, and if no curb
exists, along the edge of the shoulder of the street;
[b]
At the intersection of a public or private street
and an alley or driveway, the line extending a designated length from
the intersection of the street and the driveway or alley along the
back of the curb or the edge of the shoulder of the street, and the
line extending a designated length from the intersection of the street
and the driveway or alley along the edge of the pavement of the driveway
or alley.
[2]
The "vision clearance line" is the straight line connecting
the nonintersecting ends of the vision distance lines.
[3]
The "vision clearance triangle" is the triangular area created
by the intersection of the two vision distance lines with the vision
clearance line.
(b)
The dimensions of a specific vision clearance triangle shall
be determined by the Zoning Administrator, with input from the Department
of Public Works. If the landowner disagrees with the decision of the
Zoning Administrator, the landowner may request a determination by
the Village Engineer, at the cost of the landowner as follows:
[1]
At the intersection of any street with a state highway, the
vision clearance triangle shall be determined by the method used by
the State of Wisconsin Department of Transportation.
[2]
At the intersection of public or private streets, the length
of the vision distance lines shall be 40 feet from their intersection.
[3]
At the intersection of a driveway or alley with a public or
private street, the length of the vision distance lines shall be 30
feet from their intersection.
(c)
Exceptions. The requirements of Subsection H(2)(a) do not apply to:
[1]
Public utility poles;
[2]
Trees trimmed (to the trunk) from the ground to a line at least
eight feet above the level of the pavement;
[3]
Official warning signs or signals;
[4]
Signs mounted nine feet or more above the ground and supported
by a single support with a maximum cross section of 12 inches;
[5]
Earth-formed obstructions, including retaining walls, at intersections which were existing on the date of passage of this Subsection H; and
[6]
Mailboxes.
(3)
Existing buildings. Except as set forth in § 245-10F(3) and/or this Subsection H, no building located at the intersection of two or more streets, where a vision clearance less than provided above exists as of the date of the passage or amendment of this subsection, shall be structurally altered on the exterior within the vision clearance triangle unless a vision clearance triangle meeting the requirements of this section is provided at the corner of the building nearest such intersection.
(4)
Heritage Overlay District. Nonresidentially zoned buildings in the Heritage Overlay District are encouraged to about the street line. Existing and new nonresidentially zoned buildings and structures in the Heritage Overlay District may be placed in the vision clearance triangle when they are placed in accordance with the design guidelines. Other obstructions, except as set forth in Subsection H(2)(c), may not be placed in the vision clearance triangle.
(5)
Exceptions by Plan Commission. The Plan Commission may grant exceptions
to the vision clearance requirements where the characteristics of
the intersection are such that traffic safety hazards would not be
created and the placement of signs or structures within the vision
clearance triangle would contribute to the objectives of the zoning
district. Such an exception shall be subject to review and approval
by the Department of Public Works.
[Added 1-28-2008 by Ord. No. 523]
A.
Measurement of lot area. The lot area is the total
area within the lot lines of a lot, excluding any right-of-way in
all districts.
B.
Percentages and fractions. When a measurement results
in a fractional number or percentage, any fraction of 1/2 or less
shall be rounded down to the next lower whole number and any fraction
of more than 1/2 shall be rounded up to the next higher whole number.
Any percentage of 0.5% or greater shall be rounded up to the next
higher whole number and any percentage less than 0.5% shall be rounded
down to the next lower whole number.
C.
Corner lots. Structures on corner lots shall provide
a front yard setback as required by this chapter on the street that
the structure faces. A second front yard shall be provided on the
side of the structure abutting a second public or private street.
See Figure 1. The setbacks on each street shall be the same distance.
The remaining yards shall be a side yard and a rear yard.
D.
Double frontage lots (through lots). Lots abutting
two opposite streets shall provide the front yard setback required
by the district in which the lot is located from each street upon
which the lot abuts. See Figure 1.
E.
Triple frontage lots. Lots abutting three streets
shall provide the front yard setback required by the district in which
the lot is located from each street upon which the lot abuts. See
Figure 1.
F.
Irregular or triangular lots. In the case of irregular
or triangular lots, where none of the lines bounding the rear of the
lot are at a right angle to the front lot line, the rear lot line
for the purpose of meeting the requirements of this chapter is a line
at least 15 feet long, within the lot, parallel to the front lot line,
at the maximum distance from the front lot line that the 15 foot measurement
is possible. See Figure 1.
G.
Determination of main front yard; provisions for uses
not allowed in yards as defined.
(1)
Main front yard. For any principal structure
on a corner lot, double frontage lot, or triple frontage lot, the
main front yard shall be the yard abutting the street for which the
structure is addressed.
(2)
Provisions for uses not allowed in yards as
defined.
(a)
The yard opposite the main front yard, even
if it is defined as a front yard in this section, may be treated as
a rear yard for purposes of determining the allowable use of the yard
pursuant to this chapter, however, the setbacks required for a front
yard shall apply.
(b)
A yard to the side of the main structure, even
if defined as a front yard, may be treated as a side yard for purposes
of determining the allowable use of the yard pursuant to this chapter,
however, the front yard setbacks shall apply.
(d)
Any front yard to be treated as a rear or side
yard for purposes of allowable use shall be clearly identified on
an application for any permit under this Municipal Code, and, once
identified, shall be treated as such for all subsequent permit applications.
[Added 2-9-2004 by Ord. No. 443]
A.
The construction of a fence anywhere within the Village
of Waterford shall require application for a fence permit from the
Building Inspector, the fee for which shall be in an amount set by
the Village Board.
B.
Application for a fence permit, when not part of a
landscaping plan, shall be made to the Building Inspector and include:
the name and address of the applicant; the owner of the site and the
contractor; an accurate drawing or plat of survey of the site, inclusive
of structures located thereon; the address of the site; the proposed
location of the fence superimposed on the drawing or plat of survey;
the type, materials, size and design of the proposed fence; and any
other information the Zoning Administrator may require.
C.
Fence construction is subject to the following limitations:
(1)
Placement and height.
[Amended 4-23-2007 by Ord. No. 513; 1-28-2008 by Ord. No.
523]
(a)
Placement on lot. A fence is permitted on or near the property lines in all districts. No fence shall be closer than three feet to a street frontage property line, except a protective fence or a fence that is used to screen a parking lot from a residential district as set forth in § 245-15E.
[Amended 11-11-2013 by Ord. No. 610]
(b)
Height.
[1]
All districts. Except as otherwise provided in this section,
the following height limitations apply in all districts:
[Amended 11-11-2013 by Ord. No. 610]
[a]
Front yard. A fence that consists of at least 50% open space shall not exceed 50 inches in height. A fence that has less than 50% open space may not exceed 38 inches in height unless the fence is used to screen a parking lot from a residential district as set forth in § 245-15E, in which case it shall not exceed 50 inches in height.
[b]
Side and rear yards. A fence may not exceed 74
inches in height.
[c]
Lots with more than one front yard. The above provisions for front yards shall apply in each front yard; however, a fence that does not meet those requirements (i.e., is less than 50% open space and exceeds 38 inches, or is more than 50% open space and exceeds 50 inches), in any yard other than the main front yard [as defined in § 245-13.1G(1)], is allowed if the fence is at least 25 feet from the street right-of-way line and does not exceed 74 inches in height.
[2]
Protective fences.
[a]
A protective fence in residence, business and institutional districts shall not exceed the height requirements set forth in Subsection C(1)(b)[1].
[b]
In industrial districts, a protective
fence shall not exceed a height of 122 inches.
[Amended 1-10-2011 by Ord. No. 557]
[3]
Measuring height.
[a]
The installed height of a fence
shall be measured from the ground to the top of a fence section, and
the average height between two posts shall not exceed the limitations
in this section.
[b]
A post, post cap or ornamental
feature of a fence may exceed the height limitations of this section,
but shall not be disproportionate to the fence. If the height of a
post, post cap or ornamental feature will exceed the maximum height
by more than six inches, the Building Inspector may require the owner
to apply to the Plan Commission for approval.
(c)
Refuse containers. Refuse containers may be
screened with a fence not meeting the requirements of this section
upon approval by the Plan Commission.
(2)
Limitations and prohibitions.
(a)
No fence or portion of a fence shall be placed within the vision clearance triangle, as set forth in § 245-13H.
(b)
No fences are permitted in the Floodway District.
Fences within Planned Community Development Districts are allowed
only as part of the approval or amendment of a Precise Implementation
Plan. Fences in overlay districts are subject to the requirements
of the underlying districts.
[Amended 12-11-2006 by Ord. No. 505]
(c)
No fence may be constructed as a fence which
conducts electricity or is designed to electrically shock or which
uses barbed wire, except as provided below.
[Amended 1-28-2008 by Ord. No. 523]
(d)
Underground "invisible" pet fences shall be
allowed without a permit, but must be installed at least three feet
from all property lines. Hedge fences shall be allowed without a permit,
but shall meet all of the placement and height limitations of this
section. Barbed wire may be used at the top of a fence in an industrial
district if the barbed wire and the devices securing the barbed wire
are at least 10 feet above the ground and project inward toward the
fenced property and away from public or adjoining property.
(e)
No fence shall be constructed of unsightly or
dangerous materials. The finished or decorative side of a fence shall
face adjoining property.
(3)
Temporary fences. Fences erected for the protection
of planting or to warn of construction hazard or similar purpose shall
be allowed without a permit, but shall be clearly visible or marked
with warning devices at four-foot intervals. Such fences shall meet
the placement and height requirements of this section unless such
placement and height defeats the purpose of the fence. Temporary fences,
other than snow fences, shall not be in place for more than 45 days.
(4)
Nonconforming fences. Any fence existing on the effective
date of this section and not conforming to these requirements may
be maintained, but any alteration, modification or improvement of
more than 50% of said fence shall result in the entire fence being
brought into compliance with this section.
(5)
Determination of location. The property owner erecting
the fence is solely responsible for ensuring that the fence is located
on his or her own property.
(6)
Fence repair. All fences shall be maintained and kept
safe and in a state of good repair.
D.
All fence materials shall be approved by the Building
Inspector, who shall issue a fence permit upon application therefor
for fences meeting the requirements of this subsection. If the Zoning
Administrator denies a permit hereunder, the applicant may appeal
the decision to the Plan Commission, which may uphold, modify or overturn
the Building Inspector's decision.
[Added 4-14-1997 by Ord. No. 349; amended 6-22-1998 by Ord. No.
363; 8-9-1999 by Ord. No. 383]
A.
Parking.
[Amended 12-10-2012 by Ord. No. 596]
(1)
Parking of vehicles accessory to a residential use shall be limited to those actually used by the residents or for temporary parking for guests. Vans or pickup trucks used for private and recreational use, or a motor home (recreational vehicle), or a human service vehicle, or a van or pickup truck used in a business or trade or a commercial vehicle that meets the weight limits in Subsection A(2) that is used for transportation to and from a place of employment or workplace of the occupant may be parked on a residential property.
(2)
One
commercial vehicle may be parked per residential dwelling unit, provided
that all of the following conditions are met:
(a)
The vehicle is registered and licensed;
(b)
The vehicle is used by a resident of the premises;
(c)
Gross vehicle weight rating does not exceed 16,000 pounds; and
(d)
Height does not exceed 12 feet as measured from ground level, excluding
antennas, air vents, and roof-mounted air conditioning units, but
including any load, bed, or box.
(3)
No
other vehicular equipment of a commercial or industrial nature, except
as stated above, shall be parked or stored for more than two consecutive
hours and four accumulated hours during any twenty-four-hour period
on any lot in any zoning district except districts that allow business,
industrial and institutional uses.
(4)
Outdoor
parking of semi-tractors/trailers on commercial property (in any district
that allows business and/or industrial uses), that is not a principal
use (e.g., trucking business), an accessory use (e.g., delivery vehicles),
or which has not been approved through the conditional use or site
plan review process is prohibited.
B.
Parking requirements. In all districts and in connection
with every use, there shall be provided at the time any use or building
is erected, enlarged, extended or increased sufficient off-street
parking stalls for all vehicles in accordance with the following:
(1)
Adequate access. Adequate access to a public street
shall be provided for each parking space; driveways shall be at least
10 feet wide for one- and two-family dwellings and a minimum of 20
feet for all other uses.
(2)
Size.
[Amended 2-14-2000 by Ord. No. 387; 3-27-2006 by Ord. No.
493; 4-24-2006 by Ord. No. 496; 11-11-2013 by Ord. No. 610]
(a)
The size of each parking space to be provided shall be not less
than 180 square feet, exclusive of the space required for ingress
and egress, and each parking space shall be not less than 10 feet
wide.
(b)
Downtown Parking District. There is created a Downtown Parking District, the boundaries of which shall be the same as the boundaries of the Waterford Heritage Overlay District, as set forth in § 245-27 of this chapter. The size of each parking space to be provided in such district shall be not less than 144 square feet in area, exclusive of the space required for ingress and egress, and each parking space shall be not less than nine feet wide.
C.
Parking lot location. The parking lot location shall be on the same lot as the principal use or, with Plan Commission approval, not over 400 feet from the principal use as measured along the shortest available route of pedestrian access, except that required spaces may be permitted at other locations when and as authorized under Subsection N of this section. When planning new parking lots, every attempt shall be made to minimize the effect of headlights and noise from parking lot driveway entrances and exits on adjacent residential areas.
[Amended 9-26-2005 by Ord. No. 481; 3-23-2009 by Ord. No.
539]
D.
Surfacing.
[Amended 2-9-2004 by Ord. No. 442]
(1)
All off-street parking areas shall be graded and surfaced so as to be dust-free and properly drained. In every instance of use, regardless of district, each driveway, parking space, and each area designated for the display, storage, or retention of motor vehicles shall be of a paved asphaltic or cement concrete surface, the depth of which shall be established by specifications approved by the Village Engineer prior to application, or, in the case of single- and two-family usage, pursuant to Chapter 178, Property Maintenance, § 178-7, of this Municipal Code. Any required parking area for more than five vehicles shall have the aisles and spaces clearly marked.
(2)
The provisions of this subsection shall be addressed
by every applicant for an occupancy permit, a conditional use permit,
and by every applicant for a zoning or building permit where the passage
of this amendment has created a nonconforming parking area. The provisions
of this subsection shall be a necessary consideration by the Zoning
Board of Appeals in every application for a zoning ordinance variance.
[Amended 12-11-2006 by Ord. No. 506]
E.
Screening. Any off-street parking area other than
that provided for a residence which abuts or faces a residence district
shall provide a planting screen, landscaped fence or wall at least
four feet in height along the side abutting or fronting on a residence
district.
F.
Offset. No off-street parking area shall include space
within 10 feet of an abutting residential lot line, except as such
parking area may be accessory to a residence.
G.
Lighting. Lights provided in any parking area shall
be hooded or beamed so as to minimize glare and/or illumination of
adjacent residential property or public roads.
H.
Curbs or barriers. Curbs or barriers in all required
parking areas shall be installed so as to prevent the parked vehicles
from extending over any lot lines.
I.
Floor area defined. For purposes of determining the
off-street parking requirements for commercial establishments, "floor
area" shall include the gross floor area of those rooms of a building
to which it is intended generally to admit invitees for the transaction
of business with an occupant or area in which materials for sale are
manufactured, processed, repaired, or stored. It shall not include
unused areas or areas used for dead storage into which neither employees
or customers regularly enter.
J.
Number of parking stalls. Any building hereafter erected,
expanded, or structurally altered shall be provided with off-street
vehicle parking spaces to be used by the residents, patrons, visitors
or employees of the building, according to the following schedule.
When the application of this schedule results in the requirement of
a fractional parking space, any fraction up to one-half may be disregarded
and any fraction equaling one-half or more shall be construed as requiring
one full parking space. Parking spaces located in garages or other
building areas may be included in computing spaces otherwise required.
[Amended 9-26-2005 by Ord. No. 481; 4-24-2006 by Ord. No.
496; 11-11-2013 by Ord. No. 610]
Uses
|
Minimum Required Spaces
(square feet is gross unless otherwise
specified)
|
Minimum Required On-Site Queuing Space
(number of vehicles)
|
Other Required Standard(s) for Off-Street
Parking Spaces
| ||||||
---|---|---|---|---|---|---|---|---|---|
Commercial/Retail:
| |||||||||
Auto fuel station (without service)
|
2.0 minimum
|
Plus 4.75 per 1,000 retail SF
| |||||||
Auto fuel station (with service)
|
3.0 minimum
|
Plus 3.0 per service bay
| |||||||
Auto fuel station (with car wash)
|
Corresponding auto fuel station requirements
|
Equal to 3 times car wash capacity
| |||||||
Auto service station
|
3.0 minimum
|
Plus 3.0 per service bay
| |||||||
Barber/beauty salon/spa
|
3 per licensed chair/facility
| ||||||||
Car wash (full service)
|
Plus 1.0 per employee on largest shift
|
Equal to 8 times car wash capacity
| |||||||
Car wash (self-service)
|
4.0 cars per wash stall
| ||||||||
Car wash (accessory)
|
Equal to 3 times car wash capacity
| ||||||||
Commercial or retail sales uses
(except as herein noted)
|
4.0 per 1,000 SF
| ||||||||
General merchandise and department store greater
than 5,000 SF
|
4.75 per 1,000 SF
| ||||||||
General merchandise and convenience store less
than 5,000 SF
|
5.0 per 1,000 SF
| ||||||||
Restaurant, dine-in (quality, gourmet, family,
sit-down)
|
1.0 per 3 seats
|
Plus 2.0 per 3 employees on largest work shift;
10.0 minimum
| |||||||
Restaurant, dine-in, fast food (w/o drive-through)
|
1.0 per 4 seats
|
Plus 2.0 per 3 employees on largest work shift
| |||||||
Restaurant, fast food with drive-through
|
1.0 per 4 seats
|
12.0 per drive-up window with 5 spaces minimum
at ordering station
|
Plus 2.0 per 3 employees on largest work shift
| ||||||
Shopping center (w/supermarket)
|
5.5 per 1,000 SF
| ||||||||
Shopping center (w/o supermarket)
|
5.0 per 1,000 SF
| ||||||||
Shopping center (3+ stores, not classified elsewhere
in Table)
|
5.0 per 1,000 SF
| ||||||||
Specialty retail center (average tenant space
less than 2,500 SF)
|
4.0 per 1,000 SF
| ||||||||
Specialty store
|
4.0 per 1,000 SF
| ||||||||
Supermarket, grocery
|
6.0 per 1,000 SF
| ||||||||
Tavern, bar, cocktail lounge
|
1.0 per 2.5 seats
|
Plus 2.0 per 3 employees on largest work shift
| |||||||
Video tape rental/sales
|
5.5 per 1,000 SF
| ||||||||
Residential (Private and Commercial):
| |||||||||
Apartment
|
2.0 per unit
|
Plus 0.5 per unit for visitors
| |||||||
Assisted-living facilities, community-based
residential facilities
|
1.0 per 3 patient beds
|
Plus 1.0 per employee on largest work shift
| |||||||
Condominium
|
2.0 per unit, of which 1.0 must be enclosed
|
Plus 0.5 per unit for visitors
| |||||||
Dormitories or group living facilities
|
0.5 per bedroom
| ||||||||
Dwellings (single-family detached)
|
2.0 per dwelling
| ||||||||
Dwellings (two-family/duplex)
|
1.0 per bedroom, of which 1 must be enclosed
|
Plus 0.5 per unit for visitors
| |||||||
Nursing homes
|
1.0 per 2 patient beds
|
3.0 vehicles on-site
|
Plus 1.0 per employee on the largest work shift
| ||||||
Residential units in nonresidential structures
|
1.0 per bedroom
| ||||||||
Senior citizen multiple-family/ retirement community/
independent living facility
|
1.0 per unit
|
3.0 vehicles on-site
|
Plus 0.5 per unit for visitors
| ||||||
Transportation/Communication/Utilities:
| |||||||||
All uses
|
1.0 per employee on largest work shift
|
Plus 1.0 per vehicle used or stored; plus 1.0
per 500 SF of office area
| |||||||
Institutional:
| |||||||||
Child-care centers/day nurseries
|
1.0 per employee
|
Plus 1.0 per 15 children
| |||||||
Churches/chapels
|
1.0 per 3 seats
|
3.0 vehicles on-site
|
Plus 1.0 per vehicle used or stored on premises
| ||||||
Clubs and lodges
|
1.0 per 4 seats or 1.0 per 3 members, whichever
is greater
| ||||||||
Hospitals
|
2.0 per 3 patient beds
|
5.0 vehicles on-site for emergency room
|
Plus 1.0 per doctor and employee on the largest
work shift
| ||||||
Libraries
|
4.0 spaces per 1,000 SF
|
Plus 1.0 per employee on the largest work shift
| |||||||
Museums/galleries
|
2.5 per 1,000 SF gross floor area
| ||||||||
Postal stations
|
4.0 per customer service station
|
Plus 2.0 per 3 employees on largest work shift;
plus 1.0 per vehicle stored on site
| |||||||
Schools, Pre-
|
1.0 per employee
|
Plus 1.0 per 5 children
| |||||||
Schools, Elementary and Junior High
|
1.0 per employee
|
Plus 1.0 per classroom
| |||||||
Schools, Senior High
|
1.0 per employee
|
Plus 1.0 per 5 non-bused students
| |||||||
Schools, Special Education
|
1.0 per classroom and 4.5 per 1,000 SF office
| ||||||||
Schools, College/University and Vocational
|
1.0 per employee
|
Plus 1.0 per 2 students
| |||||||
Cultural/Entertainment/Recreational:
| |||||||||
Athletic fields
|
12.0 per improved facility (field, diamond,
etc.)
|
Plus additional spaces as determined by Plan
Commission for spectator seating
| |||||||
Auditoriums/meeting rooms/places for public
assembly (except as noted herein)
|
1.0 per 3 seats or 1.0 per 50 SF floor area
of assembly area where there is no fixed seating
| ||||||||
Bowling alleys
|
5.0 per alley
| ||||||||
Clubs/lodges, open to public
|
1.0 per 2.5 seats
|
Plus 2.0 per 3 employees on largest work shift
| |||||||
Community centers and private, nonprofit recreation
centers (except as noted)
|
The greater of 4.0 per 1,000 SF or 1.0 per 4
patrons of maximum capacity
|
5 vehicles on site
|
Plus 1.0 per employee on largest work shift
| ||||||
Golf, country clubs
|
To be determined by Plan Commission based upon
report prepared by applicant
| ||||||||
Golf, public
|
3.0 per hole
|
Plus 50% of spaces otherwise required for any
accessory use (bar, restaurant, etc.)
| |||||||
Golf, driving ranges
|
2.0 per tee
| ||||||||
Golf, miniature
|
1.0 per 5,000 SF lot area
| ||||||||
Gymnasiums
|
3.0 per 1,000 SF
| ||||||||
Ice and roller rinks
|
5.5 per 1,000 SF
| ||||||||
Libraries
|
4.0 per 1,000 SF
|
Plus 1.0 per employee on the largest work shift
| |||||||
Parks (city/county/state), playgrounds, and
picnic grounds
|
To be determined by Plan Commission
| ||||||||
Sports club/health spa
|
The greater of 1.0 per 3 patron lockers or 1.0
per 3 persons at maximum facility capacity
| ||||||||
Swimming pools
|
1.0 space per 75 SF of gross water area
|
Plus 1.0 per employee on the largest work shift
| |||||||
Tennis clubs
|
3.0 per 1,000 SF
|
Plus additional spaces as determined by the
Plan Commission for spectator seating
| |||||||
Tennis courts, outdoor
|
3.0 per court
|
Plus additional spaces as determined by Plan
Commission for spectator seating
| |||||||
Theater, live
|
1.0 per 50 SF
| ||||||||
Theater, music
|
1.0 per 50 SF
| ||||||||
Theater, movie
|
0.50 per seat
| ||||||||
Open Space:
| |||||||||
Cemeteries
|
2.0 per 3 employees on largest work shift
|
Plus 1.0 garage space per vehicle used or stored
| |||||||
Industrial:
| |||||||||
Light industry
|
2.0 per 1,000 SF office/customer use
|
Plus 1.0 per employee on the largest work shift;
plus 1.0 per vehicle used/stored
| |||||||
Manufacturing and fabrication
|
2.0 per 1,000 SF office/customer use
|
Plus 1.0 per employee on the largest work shift;
plus 1.0 per vehicle used/stored
| |||||||
Warehousing and wholesaling
|
1.0 per employee on largest work shift
|
Plus 1.0 per vehicle used/stored
| |||||||
Office:
| |||||||||
Dental offices and clinics
|
4.5 per 1,000 SF
| ||||||||
Medical office building or clinic
|
The greater of 4.0 per 1,000 SF floor area or
5.0 per doctor
|
Plus 1.0 per vehicle used/stored
| |||||||
Office building, general
|
4.5 per 1,000 SF
|
Plus 1.0 per vehicle used/stored
| |||||||
Research center (non-leasable space)
|
3.0 per 1,000 SF up to 50,000 SF
|
Plus 2.5 per 1,000 SF over 50,000 SF
| |||||||
Services:
| |||||||||
Financial: bank (walk-in only)
|
4.5 per 1,000 SF
| ||||||||
Financial: bank (drive up-and walk-in)
|
4.5 per 1,000 SF
|
Equal to 5 times drive-up capacity
| |||||||
Financial: lending agency, stockbroker
|
4.0 per 1,000 SF
| ||||||||
Hotels, motels, bed-and-breakfast
|
1.0 per sleeping unit
|
Plus 1.0 per employee on largest work shift;
plus 1.0 per vehicle used or stored
| |||||||
Insurance agents/brokers
|
4.0 per 1,000 SF
| ||||||||
Mortuaries/funeral homes
|
1.0 per 3 seats at maximum capacity; 10 minimum
|
Plus 1.0 per employee on the maximum work shift
| |||||||
Real estate agents/brokers
|
4.5 per 1,000 SF
| ||||||||
Veterinary clinics and hospitals
|
6.0 minimum
|
Plus 4.0 per each exam room over 1 room
|
K.
Uses not listed. In the case of structures or uses
not mentioned, the provision for a use which is similar shall apply
and will be determined by the Plan Commission.
L.
Combinations. Combinations of any of the above uses
shall provide the total of the number of stalls required for each
individual use.
M.
Modifications to required parking spaces. The Village of Waterford recognizes that, due to the particularities of any given land use or development, the inflexible application of the parking supply requirements set forth in Subsection J of this section may result in a land use or development either with inadequate parking supply or parking supply far in excess of its needs. Therefore, the Plan Commission may permit or require deviations from the requirements of Subsection J of this section and may require more parking or allow less parking whenever it finds that such deviations are more likely to satisfy the standards set out in Subsection M(1) and (2) of this section. Whenever the Plan Commission permits or requires a modification to the prescribed parking supply requirements, it may also request the recording of the same under the provisions of Subsection O of this section with the Racine County Register of Deeds.
[Added 9-26-2005 by Ord. No. 481]
(1)
Additional parking spaces can be required if it is
determined that the prescribed requirement for a particular development
will lead to traffic congestion or parking violations in adjacent
streets or unauthorized parking in nearby private parking lots.
(2)
A reduction in parking spaces can be required if it
is determined that the prescribed requirement for a particular development
would result in the wasteful use of property that could more desirably
be used for additional building development, in the case of a land
use or development which would produce less parking demand, or for
environmentally useful or aesthetically pleasing open space.
N.
Alternatives to on-site parking: shared or off-site
parking.
[Added 9-26-2005 by Ord. No. 481]
(1)
The petitioner shall submit written documentation to the satisfaction of the Plan Commission that shared parking spaces are available to satisfy the parking requirements. Shared parking agreements shall provide evidence that either parking lots are adequate in total number of spaces to accommodate multiple users or that parking spaces will be shared at certain times of the day (i.e., one activity uses the spaces during daytime hours and another activity uses the spaces during evening hours). Off-site parking lots shall be located not more than 400 feet from the principal building entrance that it is intended to serve, unless the petitioner's business or other use is located in the Downtown Parking District [identified in Subsection B(2)] and may be served by a municipal parking lot.
[Amended 4-23-2007 by Ord. No. 513]
(2)
When a reduction of parking spaces attributable to shared parking or off-site parking is requested, the petitioner shall submit written verification that such parking is available for the life of the applicant's use and shall include copies of any contracts, joint lease agreements, easements, and other such documentation to show that such shared parking can be accomplished. The method by which the required shared parking will be provided is subject to the approval of the Village Attorney upon request by the Village Administrator, and may be required to be recorded under the provisions of Subsection O of this section. Off-site parking spaces shall be clearly posted for the joint use of employees, tenants and/or customers of each respective use sharing those spaces.
O.
Recording of restrictions. The Plan Commission may
require that a declaration of land use restriction be recorded upon
the subject property at the Racine County Register of Deeds to ensure
that future owners are informed of use restrictions resulting from
the administration of this section.
[Added 9-26-2005 by Ord. No. 481]
[Added 2-13-1995 by Ord. No. 311; amended 6-26-1995 by Ord. No.
316; 1-25-1999 by Ord. No. 372; 5-13-2002 by Ord. No. 422; 11-22-2004 by Ord. No. 467; 9-26-2005 by Ord. No. 481; 1-23-2006 by Ord. No. 489; 12-11-2006 by Ord. No. 506; 4-23-2007 by Ord. No. 513; 3-4-2008 by Ord. No. 528; 7-23-2018 by Ord. No. 658]
A.
Purpose. The purpose of this section is to provide regulations that
govern the procedures and requirements for the review and approval,
or denial, of proposed conditional uses. Under this chapter, a proposed
conditional use shall be denied unless the applicant can demonstrate
to the satisfaction of the Village that the proposed conditional use
will not create undesirable impacts on nearby properties, the environment,
or the community as a whole.
B.
Applicability. The execution of this chapter is based upon the division
of the Village into zoning districts, within which districts the use
of land and buildings 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 of the impact
of those uses upon neighboring land or public facilities and the public
need for a particular use in a particular location. In these instances,
the conditional use permit review and approval procedures shall apply.
C.
Review and approval. All conditional use permit requests shall be
subject to the review of the Zoning Administrator. The Plan Commission
shall review and hear applications for conditional uses, and shall
act on the conditional use permit request in accordance with the procedures
in this section.
D.
Initiation of request for approval of a conditional use. Proceedings
for approval of a conditional use may be initiated by an application
of the owner(s) of the subject property.
E.
Application requirements. An application for a conditional use permit
shall contain the following. The Village may require the applicant
to submit 13 hard copies, plus a digital file, of the items listed
herein:
(1)
Names, addresses and day-time phone numbers of the applicant, owner
of the site, architect, professional engineer, contractor, when engaged,
and all opposite and abutting property owners of record.
(2)
A map of the generalized location of the subject property in relation
to the Village as a whole.
(3)
A map of the subject property (at a minimum scale of one inch equals
800 feet) showing all lands for which the conditional use is proposed
and all other lands within 300 feet of the boundaries of the subject
property, together with the names and addresses of the owners of all
lands on said map as the same appear on the current records of the
Register of Deeds. Said map shall clearly indicate the current zoning
of the subject property and its environs and the jurisdiction which
maintains that control. All lot dimensions of the subject property,
a graphic scale, and a North arrow shall be provided.
(4)
A written description of the proposed conditional use describing
the type of activities, buildings, and structures proposed for the
subject property and their general locations.
(5)
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all requirements of § 245-56.6.
(6)
As an option, the applicant may provide written justification for
the proposed conditional use consisting of the reasons why the applicant
believes the proposed conditional use is appropriate.
(7)
If a facility such as a nursing home, community-based residential
care facility (CBRF) or residential care apartment complex (RCAC),
as defined by statute, which includes living space for five or more
patients or residents and intended for long-term or permanent residential
purposes is to be operated as a not-for-profit entity, the application
for a conditional use permit shall address the potential for increased
services that will be required for that use and shall include a proposal
for a voluntary payment in lieu of taxes (PILOT) agreement to be entered
into between the entity/facility and the Village.
(8)
Additional information, as may be required by the Zoning Administrator,
Village Plan Commission, Village Attorney, or Village Engineer.
F.
Application certification. All applications for proposed conditional
uses shall be certified as complete by the Zoning Administrator a
minimum of two weeks prior to the initiation of this procedure. If
the Zoning Administrator determines that the application does not
fulfill the requirements of this chapter, he shall return a copy of
the application to the applicant and indicate incomplete or missing
requirements. The Zoning Administrator will also provide the application
itself to the Village Clerk, who shall certify that no taxes, assessments,
forfeitures or other claims of the Village are delinquent and unpaid
on the property or by the applicant, unless the same are being legally
appealed.
G.
Review by Zoning Administrator. The Zoning Administrator shall review
and evaluate the application and prepare a written report to be sent
to the Plan Commission for review. Through the written report, the
Zoning Administrator shall evaluate whether:
(1)
The proposed conditional use (the use in general, independent of
its location) is in harmony with the purposes, goals, objectives,
policies and standards of the Comprehensive Plan, this chapter, and
any other plan, program, or ordinance adopted or under consideration
pursuant to official notice by the Village. If the Zoning Administrator
determines that the proposed use, independent of its location, may
be in conflict with any of these, the Zoning Administrator shall note
this determination in the report.
(2)
The proposed conditional use (in its specific location) is in harmony
with the purposes, goals, objectives, policies and standards of the
Comprehensive Plan, this chapter, and any other plan, program, or
ordinance adopted or under consideration pursuant to official notice
by the Village. If the Zoning Administrator determines that the proposed
use, in its specific location, may be in conflict with any of these
provisions, the Zoning Administrator shall note this determination
in the report.
(3)
The proposed conditional use, in its proposed location and as depicted
on the required site plan, results in a substantial or undue adverse
impact on nearby property, the character of the neighborhood, environmental
factors, traffic factors, parking, public improvements, public property
or rights-of-way, or other matters affecting the public health, safety,
or general welfare, either as they now exist or as they may in the
future be developed as a result of the implementation of the provisions
of this chapter, the Comprehensive Plan, or any other plan, program,
map, or ordinance adopted or under consideration pursuant to official
notice by the Village or other governmental agency having jurisdiction
to guide development.
(4)
The proposed conditional use would maintain the desired consistency
of land uses, land use intensities, and land use impacts as related
to the environs of the subject property.
(5)
The proposed conditional use is located in an area that will be adequately
served by, and will not impose an undue burden on, any of the improvements,
facilities, utilities or services provided by public agencies serving
the subject property. The proposed conditional use may be reviewed
by the Department of Public Works.
(6)
The potential public benefits of the proposed conditional use outweigh
any and all potential adverse impacts of the proposed conditional
use after taking into consideration the applicant's proposal and any
requirements recommended by the applicant to ameliorate such impacts.
H.
Public hearing by the Plan Commission.
(1)
As soon as possible, but no later than 45 days after acceptance of
a complete application by the Zoning Administrator, the Plan Commission
shall conduct a public hearing to consider the application. The applicant
may appear in person or by agent and/or by attorney.
(2)
The Village Clerk shall publish a Class 2 notice of the requested
conditional use permit and the public hearing, and at least 10 days
before the hearing shall mail a notice to the abutting property owners
as listed in the application and to the clerk of any municipality
whose boundaries are within 1,000 feet of the proposed conditional
use. Said notice shall contain a description of the subject property
and the proposed conditional use. The failure to mail said notice
or failure to meet the time requirements herein, provided that it
is unintentional, shall not invalidate proceedings under this section.
I.
Review and action by Plan Commission. The Plan Commission shall consider
the report of the Zoning Administrator regarding the proposed conditional
use. The Plan Commission may request further information and/or additional
reports from the Zoning Administrator, applicant, and/or from any
other source. The Plan Commission shall conduct a review including,
but not limited to, the site, existing and proposed structures, neighboring
uses, parking areas, driveway location, highway access, traffic generation
and circulation, drainage, sewerage and water systems, and the proposed
operation.
(1)
The Plan Commission may take final action on the application at the
time of its initial meeting or may continue the proceedings upon its
own motion or at the applicant's request. The Plan Commission may
approve the conditional use as originally proposed, may approve the
proposed conditional use with modifications, or may deny approval
of the proposed conditional use.
(2)
In making its decision, the Plan Commission shall consider the criteria
below and make findings of fact regarding each. The Plan Commission
shall determine:
(a)
The consistency of the proposed use with the Comprehensive Plan;
(b)
Whether the use proposed is hazardous, harmful, or offensive,
within the neighborhood or locale where proposed;
(c)
Whether the use proposed is adverse to the environment;
(d)
Whether the use proposed adversely affects the property value,
the aesthetics, or the general well being of the neighborhood where
proposed;
(e)
Whether all of the criteria and information required herein
has been adequately provided by applicant;
(f)
Any finding of facts supporting its recommendation as to whether
the potential public benefit outweighs any and all potential adverse
impacts.
(3)
The Plan Commission's decision shall be based on substantial evidence,
i.e., facts and information, other than merely personal preferences
or speculation, directly related to the requirements and conditions
the applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of a conclusion.
(4)
If the applicant for a conditional use permit meets or agrees to
meet all of the requirements and conditions specified in this Municipal
Code or those imposed by the Plan Commission, the Plan Commission
shall grant the conditional use permit.
(a)
Any condition imposed must be empirical, must be related to
the purpose of the Code, and must be based on substantial evidence.
(b)
The requirements and conditions must be reasonable and, to the
extent practicable, measurable, and may include conditions such as
the permit's duration, transfer, or renewal. The applicant must demonstrate
that the application and all requirements and conditions established
by the Plan Commission relating to the conditional use are or shall
be satisfied, both of which must be supported by substantial evidence.
The Plan Commission's decision to approve or deny the permit must
be supported by substantial evidence.
J.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change of factors found valid by the Zoning Administrator.
K.
Duration and termination of an approved conditional use.
(1)
Duration. Once granted, the conditional use permit shall remain in
effect as long as the conditions upon which the permit was issued
are followed, but the Plan Commission may impose conditions such as
the permit's duration, transfer, or renewal, in addition to the conditions
specified in the Zoning Code or by the Plan Commission.
(2)
Upon approval by the Plan Commission, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 245-56.6. Once a conditional use is granted, no erosion control permit, site plan, zoning permit, or building permit shall be issued for any development that does not comply with all requirements of this chapter.
(3)
Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in Subsection T below.
L.
Time limits on the development of conditional use. Construction of
any and all conditional uses shall be initiated within 365 days of
approval by the Plan Commission and they shall be operational within
730 days of said approval. Failure to initiate development within
this period shall automatically constitute a revocation of the conditional
use permit. For the purposes of this section, "operational" shall
be defined as the granting of a certificate of zoning compliance for
the conditional use. Prior to such a revocation, the applicant may
request an extension of this period. Said request shall require formal
approval by the Plan Commission and shall be based upon a showing
of acceptable justification (as determined by the Plan Commission).
M.
Discontinuing an approved conditional use. Any and all conditional
uses that have been discontinued for a period exceeding 365 days shall
have their conditional use permit invalidated automatically. The burden
of proof shall be on the property owner to conclusively demonstrate
that the subject conditional use was operational during this period.
N.
Change of ownership. All requirements of the approved conditional
use shall be continued regardless of ownership of the subject property;
however, submittal of a plan of operation shall be required prior
to the change in ownership. For bed-and-breakfast establishments,
the granting of a conditional use permit shall be valid while the
establishment is under the same ownership.
O.
Amendment, modification, alteration or expansion.
(1)
Amendment of existing permits.
(a)
When permissible: application. At such time as the holder of
a conditional use permit wishes to change the terms of its permit
in a manner which does not change the nature of the use but that could
increase or expand the operation of the use by 25% or less, the holder
of the permit shall apply to the Plan Commission for an amendment
to its permit, and shall state in its application the precise changes
it wishes to make and the expected effect of the changes upon the
site, neighboring uses, parking, traffic generation and circulation,
and the drainage, sewerage and water systems. The applicant shall
also list the names of the property owner and all abutting property
owners. Changes to a permit which are expected to change the nature
of a use, change the location of the use to a site which is not in
the same structure as the existing use, or create greater than a twenty-five-percent
increase in the operation of a use may not be made; application must
be made for a new conditional use permit. The Zoning Administrator
may approve minor changes consistent with similar permitted uses.
(b)
Procedure. No fee shall be required to apply for an amendment
to a conditional use permit. Upon application for an amendment to
a conditional use permit, the Clerk shall schedule such application
for review by the Plan Commission at an open meeting, and shall mail
notice thereof to the property owner and all abutting property owners
along with a copy of the application not less than 10 days prior to
the date of the scheduled review. No public hearing shall be required,
but the Plan Commission shall accept comments from any person attending
the open meeting.
P.
Notice to the Wisconsin Department of Natural Resources. The Plan
Commission shall transmit a copy of each application for a conditional
use for affected by regulations in the Floodplain or Shoreland-Wetland
Overlay Zoning Districts to the Wisconsin Department of Natural Resources
(DNR) for review and comment at least 10 days prior to any public
hearings. Final action on the application shall not be taken for 30
days or until the DNR has made its recommendation, whichever comes
first. A copy of all decisions relating to conditional uses affected
by shoreland-wetland regulations or by floodplain regulations shall
be transmitted to the DNR within 10 days of the date of such decision.
Q.
Formerly approved conditional uses.
(1)
A use now regulated as a conditional use which was approved as a
legal land use, either permitted by right or as a conditional use,
prior to the effective date of this chapter [insert date _____] shall
be considered as a legal, conforming land use so long as the previously
approved conditions of use and site plan are followed. Any modification
of the previously approved conditions of use or site plan shall require
application and Village consideration under this section.
(2)
A use that was approved as a conditional use prior to the effective
date of this chapter [insert date _____] that is no longer regulated
as a conditional use shall be considered a legal, conforming land
use so long as the use continues to conform to the regulations of
this chapter.
R.
Fees. One or more fees are required for this procedure. Refer to
§ 245-56M.
S.
Appeals. Appeals from the decision of the Plan Commission of Village
of Waterford shall be to the Circuit Court pursuant to Wis. Stats.
§ 62.23(7)(de).
T.
Penalties.
(1)
In every instance where work commences upon a project subject to § 245-16 of this Code, prior to the conditional use permit being applied for and granted, there shall be a double fee imposed for the permit, and the applicant shall remain required to meet full compliance with this chapter.
(2)
It shall be unlawful to use or improve any structure or land in violation of any of the provisions of the section. In addition to penalties imposed under Chapter 1, Article II, of this Code, the Village of Waterford may institute appropriate action to enjoin a violation of this section, or to cause any structure so constructed or altered to be vacated or removed.
(3)
It shall be unlawful to use or improve any structure or land in violation of any of the terms of a conditional use permit. In addition to or as an alternative to the penalties imposed under § 245-57 of this Code, the Village of Waterford may:
(a)
Send notice to the permit holder of the violation, and require
that the violation be corrected within five days, or more if allowed
by the Zoning Administrator or Village Attorney, after written notice
is given.
(b)
If the violation is not corrected, or a second violation is
incurred within a twelve-month period of the first violation, the
Village may act to suspend or revoke the conditional use permit, as
follows:
[1]
Complaint. The Zoning Administrator or any resident may file
a sworn written complaint with the Village Clerk alleging one or more
violations.
[2]
Summons. Upon the filing of the complaint, the Plan Commission
shall issue a summons, signed by the Clerk and directed to any peace
officer in the municipality. The summons shall command the permit
holder complained of to appear before the Plan Commission on a day
and place named in the summons, not less than three days and not more
than 30 days from the date of issuance, and show cause why his or
her conditional use permit should not be revoked or suspended. The
summons and a copy of the complaint shall be served on the permit
holder at least three days before the time at which the licensee is
commanded to appear. Service shall be in the manner provided under
Wis. Stats. Ch. 801 for service in civil actions in Circuit Court.
[3]
Procedure on hearing.
[a]
If the permit holder does not appear as required
by the summons, the allegations of the complaint shall be taken as
true, and if the Plan Commission finds the allegations sufficient,
the conditional use permit shall be revoked. The Village Clerk shall
give notice of the revocation to the person whose permit is revoked.
[b]
If the permit holder appears as required by the
summons and denies the complaint, both the complainant and the permit
holder may produce witnesses, cross-examine witnesses and be represented
by counsel. The permit holder shall be provided a written transcript
of the hearing at his or her expense.
[i]
If the Plan Commission finds the complaint to be
true, the Plan Commission shall determine whether the conditional
use permit shall either be suspended for not less than 10 days nor
more than 90 days or revoked and shall report the same to the Village
Board.
[ii]
If the Plan Commission finds the complaint untrue, it shall recommend that the proceeding be dismissed without cost to the accused. If the Plan Commission finds the complaint to be malicious and without probable cause, it shall recommend that the costs be paid by the complainant. The Plan Commission may require the complainant to provide security for such costs before issuing the summons under Subsection T(3)(b)[2].
[c]
The Plan Commission shall submit a report to the
Village Board, including findings of fact, conclusions of law and
a recommendation as to what action, if any, the Village Board should
take with respect to the conditional use permit. The Commission shall
provide the complainant and the permit holder with a copy of the report.
Either the complainant or the permit holder may file an objection
to the report and shall have the opportunity to present arguments
supporting the objection to the Village Board. The Village Board shall
determine whether the arguments shall be presented orally or in writing
or both.
[i]
If the Village Board, after considering the Plan
Commission's report and any arguments presented by the complainant
or the permit holder, finds the complaint to be true, or if there
is no objection to a report recommending suspension or revocation,
the conditional use permit shall be suspended or revoked as recommended
by the Plan Commission.
[ii]
If the Village Board finds the complaint untrue,
the proceeding shall be dismissed without cost to the accused. If
the Village Board finds the complaint to be malicious and without
probable cause, the costs shall be paid by the complainant.
[d]
The Village Clerk shall give notice of each suspension
or revocation to the person whose permit is suspended or revoked.
[4]
Effect of revocation. When a conditional use permit is revoked
under this subsection, the revocation shall be recorded by the Village
Clerk and no other conditional use permit issued under this chapter
may be granted within 12 months of the date of revocation to the person
whose permit was revoked.
[5]
Judicial review. The action of the Village Board in suspending
or revoking any permit, or the failure to revoke or suspend any permit
for good cause, may be reviewed by the circuit court for Racine County,
upon application by any permit holder or resident of the Village.
The procedure on review shall be the same as in civil actions instituted
in the Circuit Court. The person desiring review shall file pleadings,
which shall be served on the Village Board in the manner provided
in Wis. Stats. Ch. 801 for service in civil actions, and a copy of
the pleadings shall be served on the permit holder. The Village Board
or permit holder shall have 45 days to file an answer to the complaint.
Following filing of the answer, the matter shall be deemed at issue
and hearing may be had upon due notice served upon the opposing party.
The hearing shall be before the court without a jury. Subpoenas for
witnesses may be issued and their attendance compelled. The decision
of the court shall be filed pursuant to Racine County Circuit Court
Rules and a copy of the decision shall be transmitted to each of the
parties. The decision shall be binding unless it is appealed to the
Court of Appeals.
[Added 12-11-2006 by Ord. No. 504]
A.
Findings of fact.
(1)
The Village finds that adult establishments
as defined in this chapter require special zoning in order to protect
and preserve the health, safety, and welfare of the Village.
(2)
Based on its review of the Report to the American
Center for Law and Justice on the Secondary Impacts of Sex Oriented
Businesses; and based on its review of studies conducted in the City
of Garden Grove, California; Newport News, Virginia; Adams County,
Colorado; and Denver Colorado; and based on the findings incorporated
in City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986);
and Colman A. Young v. American Mini-Theaters, Inc., 427 U.S. 50 (1976),
the Village finds that there is convincing evidence that the secondary
effects of adult establishments include an increased risk of prostitution,
high-risk sexual behavior, crime, and other deleterious effects upon
existing business and surrounding residential areas, and decreased
property values. The consumption of alcoholic beverages on the premises
of an adult business exacerbates the deleterious secondary effects
of such businesses on the community.
(3)
The Village intends to control the impact of
these secondary effects in order to protect the health, safety, and
welfare of the citizenry; protect the citizens from increased crime;
preserve the quality of life; and preserve the property values and
character of surrounding neighborhoods and areas.
(4)
It is not the Village's intent to suppress any
speech activities protected by the First Amendment, but to enact a
content-neutral ordinance which addresses the secondary effects of
adult establishments while providing an outlet for First Amendment
protected activities.
(5)
In order to minimize and control the secondary
effects of adult establishments upon the Village, it is the Village's
intent to prevent the location of adult establishments within a certain
distance of other specified locations which are incompatible with
and would suffer from the secondary effects of adult establishments.
B.
Uses. The First Amendment and other provisions of
the United States Constitution, as interpreted by the United States
Supreme Court and other courts, require that adult establishments,
as defined in this chapter, are entitled to certain protections, including
the opportunity to locate in the Village. Therefore, an adult establishment
shall be an allowed principal use in the Industrial Zoning District,
subject to the conditional use provisions set forth herein, and shall
be a prohibited use in any other zoning district, including Planned
Community Development Districts. The adult establishment may locate
in the specified district only if all the requirements of this chapter
and the zoning district's regulations are met.
C.
Regulations applicable to all adult establishments.
(1)
Hours of operation. No adult establishment shall
be open for business at any time between the hours of 2:00 a.m. and
12:00 noon.
(2)
Animals. No animals, except only for service
animals, shall be permitted at any time at or in any adult establishment.
(3)
Restricted access. No adult establishment patron
shall be permitted at any time to enter into any of the non-public
portions of any adult establishment, including specifically, but without
limitation, any storage areas or dressing or other rooms provided
for the benefit of adult establishment employees. This subsection
shall not apply to persons delivering goods and materials, food and
beverages, or performing maintenance or repairs to the permitted premises;
provided, however, that any such persons shall remain in such non-public
areas only for the purposes and to the extent and time necessary to
perform their job duties.
(4)
Exterior display. No adult establishment shall be maintained
or operated in any manner that causes, creates, or allows public viewing
of any adult material, or any adult entertainment.
[Amended 1-14-2019 by Ord. No. 669]
(6)
Noise. No loudspeakers or sound equipment audible
beyond the adult establishment shall be used at any time.
(7)
Manager's stations. Each adult establishment
shall have one or more manager's stations. The interior of each adult
establishment shall be configured in such a manner that there is a
direct and substantially unobstructed view from at least one manager's
station to every part of each area, except restrooms, of the establishment
to which any adult establishment patron is permitted access for any
purpose. The cashier's or manager's station shall be located so that
someone working there can quickly move to physically halt any attempted
or accidental entry by a minor. An employee shall occupy the station
at all times when patrons are in and on the premises.
(8)
Adult booths prohibited. Adult booths shall
be prohibited in all adult establishments.
(9)
No loitering policy. The adult establishment
shall clearly post and enforce a no loitering policy.
(10)
Age limit restrictions. The adult establishment
shall clearly post and enforce age-limit restrictions. A one-square-foot
sign shall be placed on each public entrance which shall state "Admittance
to adults only" and may include other pertinent business information.
(11)
Measuring disbursement distances. The distances
in this section shall be measured by following a straight line, without
regard to intervening structures, from the public entrance (existing
or proposed) of an adult establishment to the nearest point of the
protected use as described below.
(12)
Adequate parking. Notwithstanding § 245-15J of this chapter, one parking space per 150 square feet of total gross floor area shall be provided in a lighted area on the permitted premises of an adult establishment.
(13)
Spacing requirement. No more than one adult
establishment may be located on any one parcel.
(14)
Display windows prohibited. All points of access
into structures containing adult establishments and all windows or
other openings shall be located, constructed, covered, or screened
in a manner which will prevent a view into the interior.
(15)
Location requirement. No permit shall be granted
where the public entrance of the proposed adult establishment is within
150 feet of a residential use, residential district, house of worship,
school, day-care center, playground, public park, recreation area,
library, or museum. In the case of an area zoned residential, the
distance shall be measured from the nearest point on the residential
district zoning boundary line. From an area not zoned residential
but used for residential purposes, the measurement shall be taken
from the public entrance of the adult establishment to the nearest
entrance of the building in residential use. From schools, houses
of worship, day-care centers, libraries, and museums, the distance
shall be measured from the public entrance of the adult establishment
to the main public entrance of the protected use. From playgrounds,
public parks, recreation areas, and schools, houses of worship and
day-care centers with playgrounds or recreation areas, the distance
shall be measured from the public entrance of the adult establishment
to the nearest property line of the playground, public park, or recreation
area.
(16)
Residential quarters not allowed. No residential
quarters shall be allowed on a premises with an adult establishment.
(17)
No adult establishment may be granted or hold
an intoxicating liquor and/or fermented malt beverage license.
(18)
No adult establishment shall permit any physical
contact between employees appearing in a nude or semi-nude condition
and patrons, except for the taking of tips.
(19)
No adult establishment shall permit any person
on the premises to solicit or perform acts of "sexual conduct" as
that term is defined in Wis. Stat. § 944.21(2)(e).
(20)
The operator of an adult establishment shall
permit officers or agents of the Village of Waterford who are performing
functions in connection with the enforcement of this chapter to inspect
portions of the adult establishment premises where patrons are permitted,
for the purpose of ensuring compliance with this chapter, at any time
the adult establishment is occupied by patrons or open for business.
The provisions of this section do not apply to areas of an adult motel
which are currently being rented by a customer for use as a permanent
or temporary habitation.
D.
Required information and documents. As part of the
conditional use permit required in this section, the applicant shall
provide the following information:
(1)
Demographics.
(b)
Corporations:
[1]
Applicant corporation's complete name and official
business address;
[2]
Legal names, all aliases, the ages, and business
addresses of all of the directors, officers, and managers of the corporation
and of every person owning or controlling more than 25% of the voting
shares of the corporation.
[3]
Applicant corporation's date and place of incorporation
and the objective for which it was formed.
[4]
Proof that the corporation is a corporation
in good standing and authorized to conduct business in the State of
Wisconsin.
[5]
Name of the registered corporate agent and the
address of the registered office for service of process.
(c)
Partnerships (general or limited), joint ventures,
or any other type of organization where two or more persons share
in the profits and liabilities of the organization:
[1]
Applicant organization's complete name and official
business address.
[2]
Legal name, all aliases, the ages, and business
addresses of each partner (other than limited partners) or any other
person entitled to share in the profits of the organization, whether
or not any such person is also obligated to share in the liabilities
of the organization.
(d)
Land trusts:
[1]
Applicant land trust's complete name.
[2]
Legal name, all aliases, and the business address
of the trustee of the land trust.
[3]
Legal name, all aliases, the ages, and business
addresses of each beneficiary of the land trust and the specific interest
of each such beneficiary in the land trust.
[4]
The interest, if any, that the land trust holds
in the permitted premises.
(2)
If a corporation or partnership is an interest
holder that shall be disclosed pursuant to Subsection C(1)(b) and
(c), then such interest holders shall disclose the information required
in said subsections with respect to their interest holders.
(3)
The general character and nature of the applicant's
business.
(4)
The length of time that the applicant has been in the business of the character specified in response to Subsection C(3) above.
(5)
The location (including street address and legal
description) and telephone number of the premises for which the adult
establishment permit is sought.
(6)
The specific name of the business that is to
be operated under the conditional use permit for the adult establishment.
(7)
The identity of each fee simple owner of the
premises.
(8)
A diagram showing the internal and external
configuration of the premises, including all doors, windows, entrances,
exits, the fixed structural internal features of the premises, plus
the interior rooms, walls, partitions, stages, performance areas,
and restrooms. (A professionally prepared diagram in the nature of
an engineer's or architect's blueprint shall not be required; provided,
however, that each diagram shall be oriented to the north or to some
designated street or object and shall be drawn to a designated scale
or with marked dimensions to an accuracy of plus or minus six inches
and sufficient to show clearly the various interior dimensions of
all areas of the permitted premises and to demonstrate compliance
with the provisions of this chapter. The approval or use of the diagram
required pursuant to this subsection shall not be deemed to be, and
may not be interpreted or construed to constitute, any other Village
approval otherwise required pursuant to applicable Village ordinances
and regulations.)
(9)
The specific type(s) of adult establishment(s)
that the applicant proposes to operate on the premises.
(11)
The name of the individual(s) who shall be the
day-to-day, on-site manager(s) of the proposed adult establishment.
(13)
Any other information the Zoning Administrator
or Plan Commission may reasonably require to apply the requirements
of this chapter.
(14)
The Village reserves the right to require a
survey from a surveyor licensed by the State of Wisconsin to determine
the spacing requirements under this chapter.
E.
Incomplete applications returned. Any application
for a conditional use permit for an adult establishment that does
not include all of the information and documents required pursuant
to this chapter, as well as the required fees, shall be deemed to
be incomplete and shall not be acted on by the Plan Commission. The
Village shall give the applicant a written notification and explanation
of such action pursuant to this section.
F.
Applicant cooperation required. An applicant for an
adult establishment permit shall cooperate fully in the inspections
and investigations conducted by the Village. The applicant's failure
or refusal to: (1) give any information reasonably relevant to the
investigation of the application; (2) allow the premises to be inspected;
(3) appear at any reasonable time and place, or (4) otherwise cooperate
with the investigation and inspection required by this chapter shall
constitute an admission by the applicant that the applicant is ineligible
for a conditional use permit for an adult establishment and shall
be grounds for denial of the permit by the Plan Commission.
G.
Time for issuance or denial. The conditional use permit process shall be identical to that set forth in § 245-16D; however, the consideration by the Plan Commission of the conditional use permit application shall be as set forth in this section.
H.
Standards for issuance or denial of permit.
(1)
Issuance. The Plan Commission shall issue a
conditional use permit for an adult establishment to an applicant
if the Plan Commission finds and determines all of the following:
(a)
All information and documents required by this
chapter for issuance of an adult establishment permit have been properly
provided.
(b)
No person identified in the application may:
[1]
Have been denied a conditional use permit for
an adult establishment within 12 months immediately preceding the
date of the application;
[2]
Be a person whose conditional use permit for
an adult establishment has been revoked within 12 months immediately
preceding the date of the application; or
[3]
Be a person whose conditional use permit for
an adult establishment is under suspension at the time of application.
(c)
The adult establishment and the premises comply
with all requirements under this chapter and the applicant has obtained
whatever licenses are required under any other provision of this Code
or the state, if any.
(d)
The applicant has signed the permit he or she
has received indicating his or her acceptance of the conditions of
the permit.
(2)
Denial. If the Plan Commission determines that the applicant has not met any one or more of the conditions set forth in this section, then the Plan Commission shall deny issuance of the conditional use permit for the adult establishment and shall give the applicant a written notification and explanation of such denial. The criteria for a conditional use permit listed in § 245-16A shall not be applicable.
I.
Enforcement.
(1)
A violation of any conditions of a conditional
use permit for an adult establishment is a violation of this chapter.
J.
Continued conforming status; amendments.
(1)
An adult establishment lawfully operating as
a conforming use is not rendered a nonconforming use by the location,
subsequent to the grant of the conditional use permit for the adult
establishment, if a protected use is located within 150 feet of the
adult establishment.
[Added 3-14-2005 by Ord. No. 464]
C.
Use permitted. Swimming pools are permitted in any
zoning district as an accessory structure, subject to the following:
(1)
The swimming pool must be intended for the sole use
of the occupants and guests of the principal use of the property on
which the pool is located.
(2)
A swimming pool, together with its surrounding walk,
deck, patio, diving platforms and bathhouses, shall be considered
an accessory structure, shall be so located that all parts of the
complex are in conformity with the setback and yard requirements of
the applicable district, and shall not, together will all other accessory
structures located on the lot, exceed the maximum accessory structure
limitation for lots in the applicable zoning district. No swimming
pool shall be located in the front or side yard of the principal building.
(4)
Except for a properly installed diving board, access
ladder, deck, or safety railing, there shall be an unobstructed area
of at least three feet surrounding the entire pool for aboveground
pools.
[Amended 4-24-2006 by Ord. No. 496]
[Added 5-11-2009 by Ord. No. 541]
A.
Fireworks.
(1)
Commercial novelty fireworks. The seasonal sales of commercial novelty fireworks in the Village may be allowed as an accessory use in the Business and Commercial District, Business and Industrial District, and a Planned Community Development District if the district is approved for commercial or industrial use and the use is not specifically excluded therein, but a conditional use permit or Precise Implementation Plan for such sales must be approved by the Plan Commission in advance of any such sales, and a permit therefor must be granted as set forth in Chapter 132.
[Amended 8-13-2018 by Ord. No. 658]
B.
Storage.
(1)
No person may store explosives in any district in the Village, except
in an Industrial District if allowed by the Board of Appeals.
(2)
No person may store commercial novelty fireworks or statutory fireworks in any district in the Village, except in an Industrial District if allowed by the Board of Appeals, or as may be permitted in connection with seasonal sales of commercial novelty fireworks for which approval has been obtained pursuant to Subsection A(1) and a permit has been obtained pursuant to Chapter 132, or a display of statutory fireworks, for which a permit has been obtained pursuant to Chapter 132.
[Added 3-13-2017 by Ord.
No. 650]
A.
Purpose. Wisconsin Statutes § 66.0404 specifies the manner
in which a political subdivision can use zoning to regulate cell phone
towers and provides for specific regulations that a political subdivision
may not apply. This section sets forth the Village's regulatory authority
in accordance with Wis. Stats. § 66.0404, and the provisions
of this section take precedence over the provisions of any other section
of the Zoning Code, including the application process and the procedures
for issuance of permits.
B.
Applicability. The Village's regulatory power extends to three types
of projects, all for the installation of types of cell phone transmission
facilities:
(1)
Projects requiring construction of a new tower.
(2)
Projects requiring substantial modification of an existing tower
and facilities, but not construction of a new tower. Projects of this
type are referred to as "class 1 co-location."
(3)
Projects requiring neither construction of a new tower nor substantial
modification of an existing tower and facilities. Projects of this
type are referred to as "class 2 co-location."
C.
Definitions. The definitions contained in Wis. Stats. § 66.0404(1)
are hereby adopted and incorporated by reference.
D.
Siting and construction of any new mobile service support structure
and facilities or the substantial modification of an existing support
structure and mobile service facilities (class 1 co-location).
(1)
Conditional use permit required. A conditional use permit is
required for the siting and construction of a new mobile service support
structure and facility and/or the substantial modification of an existing
support structure and mobile service facilities (class 1 co-location)
and, notwithstanding any other provision of this Code, is subject
only to the conditions set forth in this chapter and the requirements
of the Building Code.[1]
(2)
Applications for permits. Applications for permits shall be
provided by the Village Clerk. Applications shall be completed and
filed with the Zoning Administrator and shall include the following
information:
(a)
Name and business address and contact information for the applicant.
(b)
Location of the proposed or affected support structure.
(c)
The location of the proposed mobile service facility.
(d)
If the application substantially modifies an existing support
structure, a construction plan which describes the proposed modification
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling and related equipment associated with the proposed
modifications.
(e)
If the application is to construct a new mobile service support
structure, a construction plan which describes a proposed mobile service
support structure and equipment network components, including antennas,
transmitters, receivers, base stations, power supplies, cabling and
related equipment to be placed on or around the new mobile service
support structure.
(f)
If the application is to construct a new mobile service support
structure, an explanation as to why the applicant chose the proposed
location and why the applicant did not choose co-location, including
a sworn statement from the individual who has responsibility over
the placement of the mobile service support structure, attesting that
co-location within the applicant's search ring would not result in
the same mobile service functionality, coverage and capacity, is technically
unfeasible or is economically burdensome to the mobile service provider.
(g)
If an applicant submits an application for a permit to engage in an activity described in this section, which contains all the information required under Subsection D(2)(a) through (f) above, the Zoning Administrator shall consider the application complete. If the Zoning Administrator does not believe the application complete, the Zoning Administrator shall notify the applicant in writing, within 10 days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(3)
Referral to Plan Commission.
(a)
If the application is complete as determined by the Zoning Administrator,
the matter shall be referred to the Plan Commission for its review.
(b)
Within 90 days of its receipt of a complete application, the
Plan Commission shall complete all of the following or the applicant
may consider the application approved, except that the applicant and
the Plan Commission may agree in writing to an extension of the ninety-day
period:
[1]
Review the application to determine whether it
complies with all applicable aspects of the Village's Building Code
and, subject to the limitations in this section, zoning ordinances.
[2]
Make a final decision whether to approve or deny
the application.
[3]
Notify the applicant, in writing, of its final
decision.
[4]
If the decision is to deny application, include
with the written notification substantial evidence that supports the
decision.
(c)
The Plan Commission may deny an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection D(2)(f).
(d)
If an applicant provides the Plan Commission with an engineering
certification showing that a mobile service support structure, or
an existing structure, is designed to collapse within a smaller area
than the setback or fall zone area required in a zoning ordinance,
that zoning ordinance does not apply to such a structure unless the
Plan Commission provides the applicant with substantial evidence that
the engineering certification is flawed.
(e)
The fee for the permit shall be set by the Village Board and
shall comply with Wis. Stats. § 66.0404(4)(d)2, i.e., it
shall not exceed $3,000.
(4)
Surety. A performance bond shall be required in the amount of
$20,000 prior to the issuance of a permit under this section to insure
that the requirements of this chapter are maintained by the permittee.
E.
Co-location on existing support structures (class 2 co-location).
(1)
A permit is required for a class 2 co-location. A class 2 co-location
is a permitted use but still requires the issuance of a permit.
(2)
Applications for a permit shall be provided by the Village Clerk.
Applications shall be made and filed with the Zoning Administrator
and shall include the following information:
(3)
A class 2 co-location is subject to the same requirements for
the issuance of a building permit to which any other type of commercial
development or land use development is subject.
(4)
If an applicant submits an application to the Zoning Administrator for a permit to engage in a class 2 co-location and the application contains all of the information required by Subsection E(2), the Zoning Administrator shall consider the application complete. If the required information is not in the application, the Zoning Administrator shall notify the applicant in writing, within five days of receiving the application, that the application is not complete. The written notification shall specify in detail the required information that was incomplete. An applicant may resubmit an application as often as necessary until it is complete.
(5)
Within 45 days of its receipt of a complete application, the
Zoning Administrator shall complete all of the following or the applicant
may consider the application approved, except that the applicant and
the Zoning Administrator may agree in writing to an extension of the
forty-five-day period:
(a)
Make a final decision whether to approve or deny the application.
(b)
Notify the applicant, in writing, of the final decision.
(c)
If the application is approved, issue the applicant the relevant
permit.
(d)
If the decision is to deny the application, include with the
written notification substantial evidence that supports the decision.
(6)
The fee for the permit shall be established by the Village Board
and set forth in the Fee Schedule and shall comply with Wis. Stats.
s. 66.0404(4)(d)1.
(7)
Surety. A performance bond may be required in an amount no greater
than $20,000 prior to the issuance of a permit under this section
to insure that the requirements of this chapter are maintained by
the permittee.
F.
No mobile service support structure or co-location is allowed on
Village property without the authorization of the Village Board.