Requirements for uses and structures specified
in this article shall apply to such uses and structures whether permitted
by right or permissible by special exception.
A.
Intent. It is the intent of the accessory dwelling
provisions to provide for housing options for the extended family
and certain specified segments of the population. These regulations
are established to permit modification of single-family dwellings
to include an accessory dwelling unit to be occupied by no more than
two persons who are handicapped, over the age of 60 years old, or
related to the owner-occupant.
B.
Mandatory owner occupancy. The owner of the single-family
residence must occupy either the principal residence or the accessory
residence.
C.
Nature and scale of accessory unit. An accessory dwelling
may be a separate, complete housekeeping unit; provided, however,
that it is substantially contained within the structure of the single-family
dwelling and clearly a subordinate part thereof. Permissible modifications
to the structure are a limited extension of the structure to the rear
and the creation of a separate entrance at the side or rear. The accessory
apartment shall not exceed 600 square feet of floor area or 25% of
the entire floor area of the dwelling, whichever is greater. Any external
modification shall be done with a design and materials similar in
appearance to the principal structure such that, to the maximum extent
possible, the external appearance of the dwelling will remain as a
single-family dwelling.
D.
Dimensional requirements. Maximum lot coverage and
maximum height requirements, as well as minimum yard requirements
in the RSF District, shall be met.
A.
Intent. It is the intent of these regulations to permit
resource extraction uses in outlying areas as a temporary or transitional
use with assurances that later reuse for other permissible uses and
structures is possible.
B.
Existing operations. The requirements of this section
shall not apply to existing operations only where more than 50% of
the area (excluding setbacks required herein) of a parcel of record
has been excavated at the time of adoption of this chapter. Where
less than 50% of the area has been excavated, any extension of operations
within the parcel or on adjacent parcels shall comply with the requirements
of this section, including restoration for the entire parcel(s).
C.
Uses and operations. Permitted uses or operations
shall include the removal for sale or processing of timber, natural
vegetation, topsoil, fill, sand, gravel, rock or any mineral. Processing
may include crushing, washing or refining. Storing or stockpiling
of such materials on the site is permissible. Permissible uses may
also include concrete or asphalt manufacturing.
D.
Area and setback requirements. The parcel shall consist
of a minimum of five acres with dimensions sufficient to adequately
accommodate the proposed uses with minimum adverse affects on adjacent
lands. No operations shall be permitted within 100 feet of any exterior
boundary of the tract or within 250 feet of any building intended
for human occupancy existing at the time of permit application. For
operations involving blasting, processing or manufacturing, the Plan
Commission may increase required setbacks as a condition of approval.
E.
Location. Location shall be appropriate to existing
development and development which may reasonably be expected within
the time period specified herein for permits. The site shall be so
located as to make it unnecessary to conduct trucking operations on
any platted street in a residential subdivision.
F.
Plan of operation. Each application for a special
exception shall be accompanied by a plan of operation for the site
including the following information:
(1)
Statement of ownership of the parcel and control of
the operations.
(2)
Extent of the area to be excavated.
(3)
Location, width and grade of all easements or rights-of-way
on or abutting the parcel.
(4)
Existing topography by five-foot contour intervals,
existing watercourses and drainageways, existing vegetation and soils,
depth to groundwater as indicated by at least four borings, and existing
buildings or structures.
(5)
Cross section showing extent of sand or gravel deposits
and the water table.
(6)
Estimated type and volume of excavation, method(s)
of extracting and processing, and the sequence of operations.
(7)
Proposed equipment and proposed locations of equipment,
proposed areas for ponding, proposed drainage modifications, proposed
processing and storage areas, proposed interior roads and ingress
and egress to the site, and proposed areas for the disposition of
overburden or topsoil.
G.
Plan of restoration. Each application for a special
exception shall be accompanied by a plan of restoration for the site
including the following information:
(1)
A statement on the planned restoration, including
phasing and timing of the restoration process and reuse of the site.
(2)
A plan showing fill methods and materials, final contours
of the site, proposed roads within the site, the location of any water
bodies or watercourses within the restored area, landscaping or vegetative
planting, and areas of cut and fill.
(3)
The method of disposing of any materials, equipment
or buildings on the site.
H.
Time limitations. No special exception permit shall
be issued for a period exceeding eight years consisting of not more
than six years for the operational phase and not more than two years
for the restoration phase. Upon expiration of the operational phase,
the applicant may request and receive extensions of this phase for
three-year periods unless changing conditions indicate the extension
will be detrimental to the public health, safety and welfare. Any
extension shall require the submission of a new plan of restoration
if the operation is extended or enlarged. If such extension is denied,
the applicant shall complete the restoration phase within the two-year
time period specified.
I.
Financial assurance. To insure completion of the restoration
phase, as proposed, within the two-year time period, each applicant
shall submit a performance bond or other financial guarantee sufficient
in amount to cover the restoration expense relative to the proposed
operation or extension thereto.
[Amended 9-18-2001]
A.
Intent. The intent of the planned unit development
provisions is to encourage quality and desirable development by allowing
for greater flexibility and design freedom than that permitted under
basic residential district regulations. These regulations are established
to permit and encourage diversification, variation and imagination
in layout of residential development; to encourage the preservation
of open space; and to encourage more rational, economic development
with respect to the provisions of public services.
B.
Unified control. All land included for development
as a PUD shall be under the legal control of the applicant, whether
that applicant is an individual, partnership, or corporation or group
of individuals, partnerships or corporations. Applicants requesting
approval of a PUD shall present firm evidence of unified control of
the entire area within the proposed PUD together with evidence that
the developer has the unrestricted right to impose all of the covenants
and conditions upon the land as are contemplated by the provisions
of these regulations. The applicant shall state agreement to proceed
with the proposed development according to the provisions of these
zoning regulations and such conditions as may be attached to the special
exception for PUD; provide agreements, contracts and deed restrictions
necessary for completion of the development according to the approved
plans; and bind his or its successors in title to any commitments
made in the approval process.
C.
Permitted uses. Any use permitted in the residential
multifamily (RMF, R-3, R-4 and R-5), commercial and industrial districts.
D.
General requirements. All permitted uses shall be
subject to the accessory use and structure, sign, height and parking
requirements of the district in which they are located.
E.
Area and density requirements. A tract of land proposed
for development as a planned unit development shall contain a minimum
area of two acres and a maximum density equal to the underlying zoning
district.
F.
Internal lots and frontage. Within the boundaries
of the PUD, no minimum lot size or minimum yards shall be required;
provided, however, that no structure shall be located closer to any
peripheral property line than a distance equal to the height of such
structure.
G.
Access. Every dwelling unit shall have access to a
public street either directly or via an approved private road, pedestrianway,
court or other area dedicated to public or private use or common element
guaranteeing access. Permitted uses are not required to front on a
dedicated public street. Access to buildings may be by approved private
streets in planned unit developments, provided that such streets are
no further than 200 feet from the building served. Private streets
shall be a minimum of 24 feet wide with curbs and internal drainage
(an urban section design) and pavements equal or better in quality
to Town minimum design standards.
H.
Engineering design standards. Normal standards or
operational policy regarding right-of-way widths, provision for sidewalks,
streetlighting and similar environmental design criteria shall not
be mandatory in a planned unit development, but precise standards
shall be made a part of the approved plan and shall be enforceable
as a part of this chapter.
I.
Procedures for approving planned unit developments.
(1)
Development plan. A development plan shall accompany
the application for a special exception permit and contain the following
information:
(a)
Names of the owner and developer.
(b)
Scale, date, and North arrow.
(c)
Existing streets, buildings, watercourses, easements
and utility lines.
(d)
Proposed pattern of public and private streets,
accessways and parking areas.
(e)
Locations and arrangements of lots, buildings
by dwelling types, open space areas and recreational facilities, if
any.
(f)
Architectural drawings and sketches illustrating
the design and character of the various buildings proposed.
(g)
Appropriate statistical data on the size of
the development, number of dwellings by type, percentage of open space
and other data pertinent to review.
(h)
General outline of deed restrictions and other
documents pertaining to the development, operation and maintenance
of the project.
(2)
Plan approval. Upon approval of a development plan,
a special exception permit shall be issued. All terms, conditions
and stipulations made at the time of approval shall be binding upon
the applicant or any successors in interest.
(3)
Preliminary and final plans. Approval of a development
plan for a special exception does not constitute preliminary or final
plat approval. Preliminary and final plats shall be submitted and
processed in accordance with standard subdivision review procedures.
(4)
Changes in plan. Minor changes in plans shall be made by application and follow procedures pursuant to Article X. Minor changes shall not be considered a reapplication for special exception permit. Substantial changes in plans shall be made by application and processed as a new application for a special exception permit.
(5)
Deviations from approved plans. Deviations from approved
plans or failure to comply with any requirement, condition or safeguard
during approval or platting procedures shall constitute a violation
of these zoning regulations.
J.
Building permits. Final approval does not constitute
approval for the construction of individual buildings or structures
in the development. Application for building permits shall be submitted
and processed in accordance with standard procedures.
A.
Intent. The intent of the cluster subdivision provisions
is to provide voluntary alternative zoning provisions which promote
ingenuity in design and preserve the natural features of the site.
B.
Unified control. All land included for development as a cluster subdivision shall meet the requirements of unified control for planned unit developments in § 535-59B.
C.
Permitted uses. Single-family detached dwellings.
D.
General requirements. All permitted uses shall be
subject to the accessory use and structure, sign, height and parking
requirements of the district within which the subdivision is located.
E.
Area and density requirements. A tract or parcel of
land proposed for development as a cluster subdivision shall contain
a minimum area of two acres. Maximum density of a cluster subdivision
shall be eight dwelling units per net acre.
F.
Minimum lot area requirements. All single-family detached
dwellings shall have a minimum lot area of 3,600 square feet, front
yard of 10 feet and rear yard of 20 feet. There shall be a minimum
side yard of two feet and minimum aggregate side yards of 12 feet;
provided, however, that there shall be a minimum building separation
of 10 feet. All lot size reductions shall be compensated for by a
substantially equivalent amount of land in cluster open space to be
preserved and maintained for its scenic, recreational or conservation
value. The maximum extent practicable, such open space areas shall
be directly accessible by all dwellings.
[Added 4-23-2015 by Ord.
No. 2015-04; amended 1-18-2022 by Ord. No. 2022-01]
A.
Purpose. The purpose of this section is to allow small-scale keeping
of bees and fowl on lots with a residential use. A further purpose
is to establish certain requirements for keeping of bees and fowl
within the community to avoid issues that might otherwise be associated
with keeping of bees and fowl in residential neighborhoods. A growing
interest in renewable resources has prompted more people to take up
keeping of bees and fowl as a way to produce their own eggs, honey,
beeswax, pollen and other hive products that are high in nutritional
value. Domestic strains of honeybees have been selectively bred for
desirable traits so that they can be kept within populated areas and
in reasonable densities, without causing a nuisance if the bees are
properly located and carefully managed. By providing a "best practices"
ordinance for small-scale ("hobby") keeping of bees and fowl on residential
properties, the Town can support a sustainable activity while setting
standards that are practical for keeping of bees and fowl and safe
for neighbors.
B.
Standards and practices for small-scale keeping of bees. No hives
are allowed on any property that is not in residential use (including
property zoned residential), with the exception that hives are allowed
under the General Agricultural District as a "farm-related" use. The
following criteria constitute standards and practices that, when applied
to small-scale beekeeping on residential lots, protect the health,
safety, property and welfare of the general public.
(1)
Number of hives. The maximum number of hives allowed on any lot zoned
and used for residential purposes are based on the size of lot, as
follows:
(2)
Location. Hives are allowed only within side or rear yards. In all
cases, a minimum setback of 10 feet must be maintained between any
property line and the closest point of any hives. Any hives located
within 25 feet of a property line must be shielded with a minimum
six-foot height flyway barrier installed at the property line. The
flyway barrier may consist of a solid wall, fence, dense vegetation,
or combination thereof that extends 10 feet beyond the outer edges
of the hives in each direction so that all bees are forced to fly
over the material to reach the colony.
(3)
Water supply. Every beekeeper shall ensure that a convenient and
constant supply of water is provided near the hives for as long as
colonies remain active outside of the hives.
(4)
Best practices. The following best practices are established as standards
of operation for any small-scale beekeeping operation hereafter licensed
by the Town:
(a)
Provide screening around hives so colonies are out of sight
from neighboring properties.
(b)
Maintain colonies in movable-frame hives mounted on substantial
stands.
(c)
Hives and all other beekeeping equipment must be kept in good
and usable condition, including securing unused equipment from weather,
theft, vandalism or occupancy by swarms of bees.
(d)
Leave enough room between any screening and the hives for ease
of working around the colonies.
(e)
Limit beekeeping activities to times when it doesn't interfere
with neighbors' outdoor activities.
(f)
Inspect and monitor bees on a regular basis for the health of
the hive and to ensure that the colonies are not creating a nuisance
to others.
(g)
Prevent swarming or aggressive behavior by re-queening colonies.
C.
Standards
and practices for small-scale keeping of fowl. The keeping of fowl
is allowed on a parcel that is zoned General Agricultural (AGD) with
five acres or greater. The keeping of fowl with a license is allowed
on a parcel that is zoned General Agricultural (AGD) with less than
five acres, Single-Family (RSF) and Two-Family (RTF and R-2). The
following criteria constitute standards and practices that, when applied
to small-scale keeping of fowl on residential parcels, protects the
health, safety, property, and welfare of the general public.
(1)
Definition of fowl. The term "fowl," used in § 535-61, shall exclusively mean chicken or duck. The term "fowl" does not include roosters, quail, grouse, pheasant, turkeys, peacocks, emus, ostriches or the like.
(2)
Number
of fowl. The maximum number of fowl allowed on a parcel with a license
is no more than six, except for a parcel zoned General Agricultural
(AGD) with five acres or greater.
(4)
Coop
and run standards.
(a)
The coop shall provide at least three square feet of floor area per
fowl, but shall not exceed 48 square feet of floor area in total.
(b)
The coop floor shall be of a hard, cleanable surface. A dirt floor
or similar is not permissible.
(c)
The coop shall be provided with one nest box per three fowl, and
elevated perches to ensure fowl are able to rest in their natural
roosting positions.
(d)
The run shall provide at least eight square feet per fowl, but shall
not exceed 100 square feet of floor area in total. The run must be
attached to the coop with there being direct access between the coop
and the run.
(e)
Runs shall be enclosed with wire netting, or equivalent material,
including overhead enclosure, capable of preventing fowl from escaping
and predators entering.
(f)
Coops and runs shall consist of materials suitable for residential
districts. The use of repurposed scrap materials of any kind is prohibited.
The coop and run shall be built with quality materials and in a manner
capable of preventing fowl from escaping and predators from entering.
(g)
Coops and runs shall be removed from the property in their entirety
or repurposed in accordance with other building codes within 30 days
of a revocation or expiration of a nonrenewal keeping of fowl license.
(5)
Best
practices. The following best practices are established as standards
of operation for any small-scale keeping of fowl operation hereafter
licensed by the Town:
(a)
No person shall keep any rooster, except for parcels zoned General
Agricultural (AGD) with five acres or greater.
(b)
Coops and runs shall be cleaned of feces, uneaten feed, feathers,
and other waste as necessary to ensure the birds' health and minimize
odor and other nuisances.
(c)
Fowl shall be provided with adequate water, food, and shelter.
(d)
Feed shall be stored in containers which make the feed inaccessible
to rodents, vermin, wild birds, and predators.
(e)
All fowl shall be kept within a ventilated and weatherproof coop.
(f)
No fowl shall run at large. Any fowl not secured within a fenced
area, or equivalent, within the property limits of its owner or keeper
is declared to be at large, and is declared to be a public nuisance.
(g)
Deceased fowl shall be disposed of immediately in a safe manner,
which may include trash disposal after placing the deceased fowl in
a sealed bag.
(h)
Applicants shall comply with Wisconsin Department of Agriculture,
Trade, and Consumer Protection's premises registration program.
(i)
Unusual illness or death of fowl shall be immediately reported to
the Outagamie County Health Department.
D.
Administration and enforcement. A license application must be received
and approved by the Town before a property owner or tenant can begin
keeping of bees or fowl at a residential lot. In addition, keeping
of bees or fowl licenses must be renewed annually, prior to April
1.
(1)
Neighbor notification. Prior to Town issuance of a keeping of bees
or fowl license, the applicant will be required to notify all neighbors
whose properties share a common lot line with the property where keeping
of bees or fowl will take place.
(2)
Town inspections. The Community Development Department is authorized
to make inspections, during reasonable hours, to investigate any complaints,
or to determine continued compliance with the keeping of bees or fowl
ordinance. The Department may revoke a license if there have been
three or more violations of the ordinance within any six-month period.
(3)
Effect of compliance. Compliance with this section shall not be a
defense to a proceeding alleging that a given bee colony, coop, or
run is in violation of other codes or ordinances governing public
nuisances, or public health and safety. However, compliance with this
section may be offered as evidence of the applicant's efforts to abate
any proven nuisance, or as evidence of the applicant's compliance
with generally accepted standards in the State of Wisconsin.
A.
Intent. It is the intent of this chapter to provide limited opportunities for mobile home parks as a means of providing balance and variety to housing in the Town of Grand Chute. All mobile home parks are subject to the site plan requirements of Article X.
B.
Character of tract. Each mobile home park tract shall
be suitable for the development proposed, recognizing and preserving
to the maximum extent practicable outstanding natural features. Every
mobile home park shall be located on a well-drained area, and the
premises shall be properly graded so as to prevent the accumulation
of stormwater or other waters.
C.
Access. Access shall be designed for safe and convenient
movement of traffic into and out of the park. All vehicular traffic
into and out of the park shall be through designated entrances and
exits.
D.
Streets. All sites shall abut upon a street. For a
two-way street, the width must be at least 32 feet if parking is to
be permitted on both sides of the street, 25 feet in width if parking
is permitted on only one side, or 18 feet in width if parking on the
street is prohibited. A one-way street must be at least 14 feet in
width and parking is prohibited unless the width is appropriately
increased.
E.
Sites. Each site shall be clearly defined and delineated.
The basic dwelling unit shall not occupy more than 33% of the site
area and the basic dwelling unit and all accessory buildings shall
not occupy more than 35% of the site area. Each site shall contain
a concrete slab not less than 10 feet by 20 feet in dimension for
a carport or patio; such slab shall not be required until after the
mobile home is in position.[2]
G.
Site requirements. Each mobile home site shall contain
a minimum area of 3,600 square feet. Each mobile home shall have a
minimum front yard of 25 feet, rear yard of 25 feet and side yards
of eight feet each.
H.
Mobile home standards. Each mobile home shall be certified
as meeting the mobile home construction and safety standards of the
Department of Housing and Urban Development. Each mobile home shall
have a visible foundation or skirting around the entire perimeter
to form a complete enclosure under exterior walls.
I.
Buffer area. A buffer area not less than 25 feet in
width may be required along public streets and mobile home park boundaries.
Such buffer strip may be used for drainage structures and utility
easements but shall not be used for any other purpose. All such buffer
strips shall be planted in suitable ground cover material.
J.
Off-street parking. Two off-street parking spaces
shall be provided for each site. One parking space for each 200 square
feet of nonstorage floor space shall be provided for offices, recreation
facilities and the like.
K.
Accessory uses and structures.
(1)
Accessory uses and structures in § 535-25C(1) through (3) in the RSF District.
(2)
Park recreation facilities, including room or center,
courts for games and the like.
(3)
Park offices, maintenance facilities and laundry facilities.
(4)
Enclosed storage structures and storage garage facilities,
with use limited to park residents only.
L.
Utilities. Each mobile home site shall be connected
to central water and sewer. No individual water supply or sewage disposal
system shall be permitted in any mobile home park. Each site shall
also be provided with electrical power and central gas (if used) and
shall be serviced by individual meters.
A.
Intent. It is the intent of this chapter to provide
opportunities for mobile home subdivisions wherein mobile home sites
(lots) are individually owned.
B.
Character of tract. Each mobile home subdivision tract
shall be suitable for the development proposed, recognizing and preserving
to the maximum extent practical outstanding natural features. Every
mobile home subdivision shall be located on a well-drained area, and
the tract shall be properly graded so as to prevent the accumulation
of surface water.
C.
Permitted uses.
(1)
Mobile
homes and manufactured homes. Each mobile home shall be certified
as meeting the safety standards of the Department of Housing and Urban
Development. Each mobile home shall have a permanent foundation and
form a complete enclosure under exterior walls. Minimum width of the
main structure shall not be less than 16 feet as measured across the
narrowest portion of the structure.
D.
Area and density requirements. A tract or parcel of
land proposed for development as a mobile home subdivision shall contain
a minimum area of two acres. Maximum density of a mobile home subdivision
shall be six dwelling units per net acre.
E.
Lot requirements. Each lot in a mobile home subdivision
shall have a minimum lot area of 3,600 square feet, minimum lot width
of 30 feet, minimum front yard of 25 feet, minimum side yards of eight
feet each, and minimum rear yard of 25 feet. Each lot shall be connected
to central water and sewer.
F.
Buffer area. A buffer area of not less than 25 feet
in width may be required along exterior subdivision boundaries. Such
buffer area may be used for drainage structures and utility easements.
G.
Accessory uses and structures. As for the RSF District.
H.
Approval and permits. Approval procedures shall be as provided in § 535-60 for a cluster subdivision; provided, however, that a mobile home subdivision shall not need a special exception permit as a cluster subdivision. Final approval of a mobile home subdivision does not constitute approval for individual structures. Application for building permits shall be submitted and processed in accordance with standard procedures.
[Amended 3-4-2014 by Ord. No. 2014-04]
A.
Purpose. The purpose of this section is to regulate all home occupations
within the Town of Grand Chute. By controlling the type, number, location,
and operation of home occupations now in use, planned, or hereafter
started, citizens are provided an opportunity to start and grow a
business while still protecting the health, safety, property, and
welfare of the general public. A further purpose of this section is
to reinforce standards that provide for particular types and intensities
of land use, especially in residential neighborhoods.
B.
General regulations.
(1)
Home occupations shall be permitted only in the following zoning
districts:
(2)
Only one home occupation is permitted per lot.
(3)
A home occupation shall be classified as one of the following:
(a)
Office, such as accounting, architecture, web-based businesses,
brokering, computer programming;
(b)
Professional service, such as massage therapy, physical therapy,
photography, and real estate; or
(c)
Home goods and products, all made or produced as part of the
home occupation, such as baked goods, cake-decorating, and small-scale
production of custom, as-ordered crafts.
(4)
A home occupation shall not modify the interior or exterior of any
structure in any manner that reduces the residential character of
such structure or the lot on which it is located.
(5)
A home occupation must be incidental and secondary to the use of
such building for dwelling purposes.
(7)
The gross floor area of a home occupation shall be no greater than
25% of the floor area of the principal structure or 500 square feet,
whichever is less.
C.
Performance standards. A home occupation shall conform to all the
following:
(2)
Hours of operation. No home occupation shall conduct on-site business
with an external client between the hours of 8:00 p.m. and 8:00 a.m.
(3)
Employment. No home occupation shall have more than one nonresident
employee in the home during hours of operation. An off-street parking
space must be provided for nonresident employee use.
(4)
Traffic. No home occupation shall generate any more vehicular traffic
than what is normal for a residential street. No home occupation shall
increase traffic by more than two cars at a time. The lot on which
the home occupation is located shall provide sufficient off-street
parking to accommodate clients' vehicles.
(5)
Clients. No home occupation shall have more than two clients on the
lot at any time.
(6)
Noise. No home occupation shall create noise greater than what is normally generated in a residential setting and must comply with § 415-7A of the Town of Grand Chute Municipal Code.
(7)
Refuse and recycling. No home occupation shall generate refuse or
recycling waste in a volume greater than what is typically and customarily
produced by or associated with residential dwellings. All home occupations
shall adhere to Town of Grand Chute ordinances and policies for refuse
and recycling on residential properties.
(8)
Storage. All home occupations shall store associated goods and products
within an enclosed structure. All storage areas shall count towards
the amount of space measured as part of the home occupation.
(9)
Equipment and machinery. Only equipment and machinery recognized
as being part of the normal practice of owning and maintaining a residence
are permitted for use in conducting a home occupation.
(10)
Hazardous materials. All home occupations shall use, store,
and dispose of any hazardous or other restricted materials in accordance
with the International Fire Code and the National Fire Protection
Association Life Safety Code. No home occupation activity shall require
the installation of safety features not common to residential uses.
(11)
Air quality. No home occupation shall emit smoke, dust, or steam
that reduces ambient air quality and visibility beyond any lot line.
(12)
Light. No home occupation shall produce light that exceeds 0.1
foot-candles above ambient levels as measured at any lot line.
(13)
Odor. No home occupation shall produce noxious odors that transgress
beyond any lot line.
(14)
Temperature. No home occupation shall alter ambient air temperature
by more than 1º F., as measured at any lot line.
(15)
Vibration. No home occupation shall create vibrations for an
extended period of time, as measured at any lot line.
D.
Administration and enforcement. An application for a home occupation
permit shall be filed with the Department of Community Development.
Necessary supporting documentation, if any, and the required filing
fee shall accompany the application. The Community Development Director
will complete the review of the request for a home occupation, and
will either approve or deny the request based on conformance to the
requirements and standards as specified in this section. In the case
of an applicant feeling aggrieved by a decision to deny approval of
a home occupation permit, said applicant may file an appeal to the
Plan Commission for final action.
(1)
Permit. Home occupation permits are approved for a specified use,
by a specified resident/operator, at a specified location. As such,
permits are not automatically transferrable to a different resident
or different address from those approved with the issuance of the
permit. If the holder of a home occupation permit intends to relocate
and conduct a home occupation at a new address in the Town, a new
home occupation permit must be approved.
(2)
Inspection. Upon reasonable notice, the permit holder shall allow
the Community Development Department to conduct an on-site inspection
of the premises to determine compliance with the requirements and
standards of this section.
(3)
Revocation/voiding of permit. The Community Development Department
may revoke and void any previously issued home occupation permit upon
finding that said home-based business is being operated in noncompliance
with the requirements and standards of this section, and any specified
conditions contained in the originally approved permit. Revocation
may take place at any time, and a revoked permit shall become null
and void and said home occupation shall be immediately terminated
and discontinued.
[Added 1-17-2006; amended 2-7-2006]
A.
SOLID-FUEL-FIRED OUTDOOR HEATING DEVICE
STACK or CHIMNEY
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any equipment, device or apparatus, or any part thereof,
which is installed, affixed or situated outdoors for the primary purpose
of combustion of fuel to produce heat or energy used as a component
of a heating system providing heat for any interior space or water
source.
Any vertical structure enclosing a flue or flues that carry
off smoke or exhaust from a solid-fuel-fired heating device, especially
that part of such structure extending above a roof.
B.
Regulations. All solid-fuel-fired outdoor heating
devices shall:
(1)
Be installed, operated and maintained in strict conformance
with the manufacturer's instructions and regulations and all other
applicable local, state and federal standards.
(2)
Be approved by the Department of Safety and Professional
Services through an approved testing agency.
(3)
Be provided with written documentation from the manufacturer
that the device meets the Environmental Protection Agency (EPA) emission
criteria identified in 40 CFR 60, Subpart AAA, Section 60.532(b)(2).
(4)
Be provided with written documentation from the manufacturer
that the device meets or is in the process of being registered with
the Department of Safety and Professional Services Boiler Division.
C.
A solid-fuel-fired outdoor heating device may be installed
in the Town of Grand Chute in accordance with the following provisions:
(1)
The solid-fuel-fired outdoor heating device shall
be located at least 300 feet from all exterior property lines.
(2)
The solid-fuel-fired outdoor heating device shall
have a chimney that extends at least 15 feet above the ground surface.
If there are any residences within 500 feet, the chimney shall also
extend at least two feet higher above the ground surface than the
height of the roofs of all such residences. All chimneys greater than
15 feet in height above the ground shall be provided with documentation
from the manufacturer specifying that the solid-fuel-fired outdoor
heating device will function with this increased chimney height and
how the chimney shall be supported.
(3)
The owner of the solid-fuel-fired outdoor heating
device shall obtain an HVAC permit from the Town of Grand Chute before
installing a solid-fuel-fired outdoor heating device.
D.
Nuisance. Should any solid-fuel-fired outdoor heating
device permitted under this section become hazardous, harmful, noxious,
offensive or a nuisance to the surrounding neighborhood as determined
by the Building Inspector and/or Fire Chief, then the owner shall
correct, improve or abate the nuisance using whatever means are necessary
in accordance with this section. If the nuisance cannot be abated,
then operation of the device shall be discontinued until a solution
to the nuisance can be found.
E.
Penalties. Any person, firm, corporation, business
or entity who or which fails to comply with any provisions of this
section shall, upon conviction thereof, forfeit an amount as prescribed
in the Uniform Forfeiture and Bond Schedules, plus the cost of prosecution
for each violation, and on default of the payment of any such fine
and costs of prosecution shall be committed to the county jail until
payment thereof, but not exceeding 30 days. Each day of violation
shall represent a separate violation of this section as described
herein.[2]
