The development and execution of this chapter
are based upon the division of the City of Weyauwega into districts,
within which districts the use of land and buildings and bulk and
location of buildings and structures in relation to the land are mutually
compatible and substantially uniform. However, there are certain uses
which, because of their unique characteristics, cannot be properly
classified as unrestricted permitted uses in any particular district
or districts without consideration, in each case, of the impact of
those uses upon neighboring land or public facilities and of the public
need for the particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses.
Any person, firm, corporation or organization
having a freehold interest or a possessory interest entitled to exclusive
possession, or a contractual interest which may become a freehold
interest, or an exclusive possessory interest, and which is specifically
enforceable in the land for which a conditional use is sought may
file an application to use such land for one or more of the conditional
uses provided for in this chapter in the zoning district in which
such land is located.
An application for a conditional use shall be filed on a form prescribed by the City. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures and the existing and proposed use of each structure and lot and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in §
530-40 hereinafter. The Plan Commission or City Council may require such other information as may be necessary to determine and provide for the enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock; vegetative cover; specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, and water supply systems; and arrangements of operations.
All requests for conditional uses shall be to the City Council and Plan Commission, or the Plan Commission or City Council can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the City Council on its own motion from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in §
530-37 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such
hearing shall be given by publication of a Class 1 notice under the
Wisconsin Statutes in the official City newspaper. Notice of the time,
place and purpose of such public hearing shall also be sent to the
applicant, the Zoning Administrator, members of the City Council and
Plan Commission, and the owners of record as listed in the office
of the City Assessor who are owners of property in whole or in part
situated within 100 feet of the boundaries of the properties affected,
said notice to be sent at least 10 days prior to the date of such
public hearing. The Plan Commission shall report its action to the
City Council within 45 days after a matter has been referred to it,
after which the City Council shall take formal action.
When an advisory recommendation of denial of
a conditional use application is made by the Plan Commission or an
actual denial by the City Council, the Plan Commission and/or City
Council shall furnish the applicant, in writing when so requested,
those standards that are not met and enumerate reasons the Commission
and/or City Council has used in determining that each standard was
not met.
The following conditions shall apply to all
conditional uses:
A. Conditions. Prior to the granting of any conditional use, the Plan Commission may recommend and the City Council may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in §
530-40 above. In all cases in which conditional uses are granted, the City shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(3) Construction commencement and completion dates;
(14)
Specified sewage disposal and water supply systems;
(18)
Any other requirements necessary to fulfill
the purpose and intent of this chapter.
B. Site review. In making its recommendation, the Plan
Commission shall evaluate each application and may request assistance
from any source which can provide technical assistance. The Commission
may review the site, existing and proposed structures, architectural
plans, neighboring uses, parking areas, driveway locations, highway
access, traffic generation and circulation, drainage, sewerage and
water systems and the proposed operation/use.
C. Alteration of conditional use. No alteration of a
conditional use shall be permitted unless approved by the City Council,
after recommendation from the Plan Commission.
D. Architectural treatment. Proposed architectural treatment
will be in general harmony with surrounding uses and the landscape.
To this end, the City Council may require the use of certain general
types of exterior construction materials and/or architectural treatment.
E. Sloped sites; unsuitable soils. Where slopes exceed
6% and/or where a use is proposed to be located on areas indicated
as having soils that are unsuitable or marginal for development, on-site
soil tests and/or construction plans shall be provided that clearly
indicate that the soil conditions are adequate to accommodate the
development contemplated and/or that any inherent soil condition or
slope problems will be overcome by special construction techniques.
Such special construction might include, among other techniques, terracing,
retaining walls, oversized foundations and footings, drain tile, etc.
Where a conditional use application has been
approved or conditionally approved, such approval shall become null
and void within 24 months of the date of the approval unless the use
is commenced, construction is underway or the current owner possesses
a valid building permit under which construction is commenced within
six months of the date of issuance and which shall not be renewed
unless construction has commenced and is being diligently prosecuted.
Approximately 45 days prior to the automatic revocation of such permit,
the Zoning Administrator shall notify the holder by certified mail
of such revocation. The Council may extend such permit for a period
of 90 days for justifiable cause, if application is made to the City
Council at least 30 days before the expiration of said permit.
The City Council shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval, or violation of any other provision of this code. Upon written complaint by any citizen or official, the City Council shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in §
530-40 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in §
530-39 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The City Council may, in order to bring the subject conditional use into compliance with the standards set forth in §
530-40 or conditions previously imposed by the City Council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in Subsections
A and
B in §
530-40 will be met, the City Council may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the City Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
The following standards, and not the standards
contained in the schedules of district regulations, shall be applied
to the construction of townhouses:
A. The overall density shall not exceed 15 dwelling units
per acre.
B. The average lot width shall be at least 20 feet; however,
no individual lot shall be narrower than 18 feet.
C. The average maximum lot coverage of principal and
accessory buildings shall not exceed 50% and no individual lot shall
be covered more than 60%.
D. The average front yard setback shall be 20 feet, but
no building shall be located closer to the front property line than
15 feet.
E. Side yards of not less than 20 feet in width shall
be provided at least every 160 feet and for every corner lot; zero
lot lines are permitted in between.
F. The rear yard shall be not less than 20% of the depth
of the lot.
G. No structure shall be higher than three stories or
35 feet.
H. One off-street parking space of not less than 180
square feet in area, exclusive of access drive or aisle, shall be
provided for each dwelling unit.
The following public and semipublic uses shall
be conditional uses and may be permitted as specified:
A. Governmental and cultural uses, such as fire and police
stations, community centers, libraries, public emergency shelters,
parks, playgrounds, and museums in all districts.
B. Utilities in all districts, provided that all principal
structures and uses are not less than 50 feet from any residential
district lot line.
C. Public, parochial and private elementary and secondary
schools and churches in the R-1, R-2, R-3, B-2 and I-1 Districts,
provided that the lot area is not less than two acres and all principal
structures and uses are not less than 50 feet from any lot line.
D. Replacement mobile homes meeting the requirements of Article
XV.
The following public recreational facilities
shall be conditional uses and may be permitted as specified:
A. Archery ranges, bathhouses, beaches, boating, camps,
conservatories, driving ranges, firearm ranges, golf courses, gymnasiums,
ice boating, marinas, music halls, pools, riding academies, skating
rinks, sport fields, stadiums, swimming pools, and zoological and
botanical gardens in any district, provided that the lot area is not
less than one acre and all structures are not less than 50 feet from
any district boundary.
B. Commercial recreation facilities, such as arcades,
bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges,
miniature golf, physical culture, pool and billiard halls, racetracks,
rifle ranges, skating rinks, and theaters, are conditional uses and
may be permitted in the R-2 District.