The development and execution of this article are based upon
the division of the Village 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.
A.
The Village Board may, by resolution, authorize the Zoning Administrator
to issue a conditional use permit for either regular or limited conditional
use after review, public hearing and advisory recommendation from
the Plan Commission, provided that such conditional use and involved
structure(s) are found to be in accordance with the purpose and intent
of this chapter and are further found to be not hazardous, harmful,
offensive or otherwise adverse to the environment or the value of
the neighborhood or the community. In the instance of the granting
of limited conditional use, the Village Board in its findings shall
further specify the delimiting reason(s) or factors which resulted
in issuing limited rather than regular conditional use. Such Board
resolution and the resulting conditional use permit, when for limited
conditional use, shall specify the period of time for which effective,
if specified; the name of the permittee; the location and legal description
of the affected premises. Prior to the granting of a conditional use,
the Commission shall make findings based upon the evidence presented
that the standards herein prescribed are being complied with.
B.
Any development within 500 feet of the existing or proposed rights-of-way
of freeways or expressways and within 1/2 mile of their existing or
proposed interchange or turning lane, rights-of-way shall be specifically
reviewed by the highway agency that has jurisdiction over the traffic
way. The Plan Commission shall request such review and await the highway
agency's recommendation for a period not to exceed 20 days before
taking final action.
C.
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards or parking requirements may be required by the Village
Board upon its finding that these are necessary to fulfill the purpose
and intent of this chapter.
D.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access and performance standards, shall be required of all conditional
uses.
Any person, firm, corporation or organization having a freehold
interest or a possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold interest, or
an exclusive possessory interest, and which is specifically enforceable
in the land for which a conditional use is sought, may file an application
to use such land for one or more of the conditional uses 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 Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, 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 § 525-49 hereinafter. The Plan Commission may require such other information as may be necessary to determine and provide for an 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, water supply systems and arrangements of operations. A nonrefundable fee of $25 shall be paid at the time of application.
All requests for conditional uses shall be to the Plan Commission, or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board, 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 § 525-46 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 such 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.
A.
Hearing. Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 2 notice under the Wisconsin Statutes
in the official Village 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 Village Board and Plan Commission, and
the owners of record as listed in the office of the Village 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.
B.
Report of Plan Commission. The Plan Commission shall report its advisory
recommendations to the Village Board within 30 days after a matter
has been referred to. If such action has not been reported by the
Plan Commission within 30 days, the Village Board can act without
such recommendation.
A.
No application for a conditional use shall be recommended for approval
by the Plan Commission or granted by the Village Board unless such
Commission and Board shall find that all of the following conditions
are present:
(1)
The
establishment, maintenance or operation of the conditional use will
not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
(2)
The
uses, values and enjoyment of other property in the neighborhood for
purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use, and the proposed use is compatible with the
use of adjacent land.
(3)
The
establishment of the conditional use will not impede the normal and
orderly development and improvement of the surrounding property for
uses permitted in the district.
(4)
Adequate
utilities, access roads, drainage and other necessary site improvements
have been or are being provided.
(5)
Adequate
measures have been or will be taken to provide ingress and egress
so designed as to minimize traffic congestion in the public streets.
(6)
The
conditional use shall, except for yard requirements, conform to all
applicable regulations of the district in which it is located.
(7)
The
proposed use does not violate floodplain regulations governing the
site.
B.
When applying the above standards to any new construction of a building
or an addition to an existing building, the Plan Commission and Board
shall bear in mind the statement of purpose for the zoning district
such that the proposed building or addition at its location does not
defeat the purposes and objective of the zoning district.
C.
In addition to passing upon a conditional use permit, the Plan Commission
and Board shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
When an advisory recommendation of denial of a conditional use
application is made, the Plan Commission shall furnish the applicant,
in writing when so requested, those standards that are not met and
enumerate reasons the Commission 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 Village Board 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 § 525-49 above. In all cases in which conditional uses are granted, the Board 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:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall
evaluate each application and may request assistance from any source
which can provide technical assistance. The Commission shall 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 Village Board 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 Village Board 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
which are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided which clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
F.
Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter, such as lot
width and area, yards, height, parking and loading.
Where the Village Board has approved or conditionally approved
an application for a conditional use, such approval shall become null
and void within 12 months of the date of the Board's action unless
the use is commenced, construction is underway or the current owner
possesses a valid building permit under which construction is commenced
within six months of the date of issuance and which shall not be renewed
unless construction has commenced and is being diligently prosecuted.
Approximately 45 days prior to the automatic revocation of such permit,
the Zoning Administrator shall notify the holder by certified mail
of such revocation. The Board may extend such permit for a period
of 90 days for justifiable cause, if application is made to the Village
Board at least 30 days before the expiration of said permit.
The Village Board 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 chapter. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the Plan Commission, the Village Board 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 § 525-49 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 § 525-48 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 525-49 or conditions previously imposed by the Village Board, 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 § 525-49A(1) and (2) will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing, stating the reasons therefor.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residence districts pursuant
to the requirements of this article.
B.
AGENT
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person designated by the owner as the person in charge
of such establishment and whose identity shall be filed in writing
with the Village Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
Any place of lodging that provides six or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner at the time of rental,
and in which the only meal served to guests is breakfast.
C.
Regulations.
(1)
Compliance with state standards. All bed-and-breakfast establishments
and permittees shall be subject to and comply with Ch. DHS 197, Wis.
Adm. Code, relating to bed-and-breakfast establishments, or Ch. DHS
195, Wis. Adm. Code, relating to hotels, motels and tourist rooming
houses.
(2)
Registry. Each bed-and-breakfast establishment shall provide a register
and require all guests to register their true names and addresses
before assigned quarters. The register shall be kept intact and available
for inspection by a Village representative for a period of not less
than one year.
D.
Permit required.
(1)
Village permit required. In addition to the permit required by Ch.
DHS 195 or DHS 197, Wis. Adm. Code, before opening for business every
bed-and-breakfast establishment shall obtain a permit from the Zoning
Administrator by application made upon a form furnished by said officer
and shall obtain a conditional use permit.
(2)
Application requirements. The following is required to be furnished
at the time an application is filed for a conditional use permit in
addition to the other application requirements of this article:
(3)
Display of permit. The permit issued by the Zoning Administrator
shall be conspicuously displayed in the bed-and-breakfast establishment.
E.
Off-street parking required. Permits shall be issued only to those
establishments that provide a minimum of one improved off-street parking
space for each room offered for occupancy. Establishments otherwise
qualifying under this section regulating bed-and-breakfast establishments
shall not be subject to the other requirements of this chapter with
respect to traffic, parking and access.
F.
On-site signs. Total signage shall be limited to a total of 12 square
feet and may be lighted in such manner and nature as to not alter
or deteriorate the nature of the surrounding neighborhood. Establishments
otherwise qualifying under this section regulating bed-and-breakfast
establishments shall not be subject to the requirements of this chapter
with respect to signs.
G.
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection D above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section or of State of Wisconsin regulations as set forth in Ch. DHS 195 or DHS 197, Wis. Adm. Code, or as above provided.
A.
Intent. The intent of this section is to provide a means to accommodate
a small family business without the necessity of a rezone into a commercial
district. Approval of an expansion of a limited family business or
home occupation at a future time beyond the limitations of this section
is not to be anticipated; relocation of the business to an area that
is appropriately zoned may be necessary.
B.
Restrictions on home occupations. Home occupations are a conditional
accessory use in all residential districts and are subject to the
requirements of the district in which the use is located, in addition
to the following:
(1)
The home occupation shall be conducted only within the enclosed area
of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structure located on the premises.
(4)
No use shall create smoke, odor, glare, noise, dust, vibration, fire
hazard, small electrical interference or any other nuisance not normally
associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business.
Such sign shall not be illuminated.
(6)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises.
(7)
The Plan Commission may determine the percentage of the property
that may be devoted to the occupation.
(8)
The home occupation may be restricted to a service-oriented business
prohibiting the manufacturing of items or products or the sale of
items or products on the premises.
(9)
The types and number of equipment or machinery may be restricted
by the Plan Commission.
(10)
Sale or transfer of the property shall cause the conditional
use permit to be null and void.
A.
Types. Auto drive-in facilities shall be defined to include the following
uses:
(1)
Automobile and truck laundry establishments (car washes).
(3)
Drive-in bank facility, defined as a teller window designed in such
manner that the client can conduct limited bank or savings and loan
transactions without leaving his car.
(4)
Drive-in ice cream or confectionery stands, defined as having characteristics
similar to drive-in restaurants with or without interior seating.
B.
Location. Auto drive-in facilities shall be located in business and
industrial districts only.
D.
Plans and specifications. The plans and specifications shall conform
in all respects to the requirements of the laws of the State of Wisconsin
and existing laws for building and construction work in the Village
of Kimberly. In addition thereto, the following is also required:
(1)
All of the drive-in facility areas and driveways which receive moving
traffic shall be surfaced with bituminous or portland cement concrete.
Should portland cement concrete be used, it shall be a minimum thickness
of six inches of a designed mix, containing not less than 5 1/2
bags of cement per cubic yard of concrete. Should bituminous concrete
be used, it shall be laid with a minimum thickness of 1 1/2 inches
of a plant mix material either upon a four-inch portland cement concrete
base or upon a six-inch crushed rock bituminous macadam base, said
base to be constructed either by a mixed or penetration method, properly
compacted and rolled.
(2)
Sidewalk, street and curb grades are to be established by the Streets
Department, and said construction shall conform to the grades so established.
(3)
Entrance at the curb to any proposed drive-in facility shall not
be greater than 30 feet and entrances to said facility at the outside
sidewalk line shall in no event be greater than 20 feet.
(4)
On a corner lot, the entrance to the facility at the curbline shall
not be less than 30 feet from the crosswalk.
(5)
Two driveways will be allowed on both the long and short side of any lot. However, in no case will two driveways be allowed on any side less than 100 feet in length; the openings shall not exceed the distances set out in Subsection D(3). Where there are two driveways from one street, a safety zone shall be maintained for pedestrians and a safety island shall be constructed the entire length of said safety zone on the property of the owner as near to the sidewalk as the lot line will permit, said safety island to be constructed on concrete and not less than 18 inches high and eight inches in width. The end 48 inches may be eventually tapered to allow the top of said island to intersect the grade at the terminus.
(6)
All driveways on both sides shall have a curbing commencing at the outside sidewalk line at the grade established by the Streets Department, and said curb shall continue and become attached to the curb at the street at the same grade as said street curbing, the outer edge of said curbing to conform with the entrance measurements as set forth in Subsection D(3).
(7)
Type, pattern and location of all lights mounted shall be in such
a manner that no glare is created on any public right-of-way or any
adjoining properties.
(8)
All signs, with the exception of one identity sign, shall be located
beyond the building setback established for the abutting street or
15 feet from the street property line, whichever is greater. The identity
sign shall not exceed 10 feet in height or width, nor 35 square feet
in area. The bottom edge of said identity sign shall be not less than
12 feet above the sidewalk grade. No sign shall be located within
25 feet of any residentially zoned property. Any proposed sign larger
than the above requirements shall be referred to the Plan Commission
for recommendation to the Village Board for approval or denial.
(9)
Trash and litter shall be stored in closed containers. Such storage
areas shall be not less than 15 feet from any residentially zoned
district. Auto-oriented trash receptacles common to drive-in restaurants
are allowed.
E.
Site plan requirement. A site plan shall be submitted to the Village
Board and shall be referred to the Plan Commission for study, report
and for informal public hearings. It shall include, but not be limited
to:
(1)
Location, arrangement, dimensions and elevations of main and accessory
buildings.
(2)
Location, arrangement and dimensions of automobile parking spaces
and reservoir of waiting spaces, if required.
(3)
Location and dimensions of vehicular entrances, exits and drives.
(4)
Location and dimensions of pedestrian walks.
(5)
Location and materials of walls and fences, landscaping and final
grading plan.
(6)
Location, size, height and orientation of all signs and lights.
(7)
Location and number of gas pumps and related facilities if pertinent.
F.
Additional requirements. In addition to the above requirements, the
following uses shall meet the specified additional requirements:
(1)
Service stations.
(a)
Filling station, greasing station, service station or bulk storage
plant of petroleum products shall not be permitted within 150 feet
of a public or private school, church, playground, hospital, theater,
orphanage or elderly housing.
(b)
The plans and specifications shall further provide the following:
[1]
The location of the elevated pump islands.
[2]
The location of a rectangular area that shall surround the pump
islands, said area to be surfaced with portland cement concrete or
bituminous concrete in accordance with this chapter and covered and
maintained with a solvent-resistant material; said area in size is
to project at least three feet to the front and to the rear of the
pump island and eight feet to each side.
[3]
The minimum distance from the nearest point of any place on
the face of said pump islands shall be 15 feet from any street line
and not less than 50 feet from any residential district.
(c)
During the hours of nonoperation, no more than four motor vehicles
shall be stored outside of the structure on the filling station site.
Such vehicle storage shall not be located within 15 feet of any residentially
zoned district.
(d)
Trailers and other vehicles which are offered for rental shall be stored on paved surfaces of the type designed in Subsection D(1) above.
(e)
Partnerships, corporations, associations or any person or persons
constructing a gasoline filling station by virtue of a permit by the
Building Inspector do thereby agree for themselves, their executives,
administrators and assigns to construct and permanently maintain said
station in accordance with the terms of this chapter and do thereby
agree to suspend any operation of business at any time, if the terms
of this chapter are not complied with, and do agree to permit the
Streets Department, the Building Inspector, or their agents or other
parties properly designated by the Village Board to come upon the
premises at all reasonable times and hours for the purposes of inspection
and to comply with their order to suspend business activities at such
place of business until all the terms of this chapter are complied
with.
(2)
Drive-in bank facilities.
(a)
Setback provisions applicable to drive-in facilities shall,
in the case of banking or savings institutions, apply to the drive-in
facility only. Setback provisions of the B-1 General Business District
shall apply to the principal building.
(b)
The drive-up teller window shall be oriented so that, after
using the facility, the automobile exits directly to the street.
(c)
Off-street parking regulations. In addition to the requirements of Article VII, five reservoir or waiting spaces shall be provided per drive-up teller window.
(d)
Exit width at the outside sidewalk line can be equal to the
width of the drive-up teller facilities and 10 feet greater at the
curbline if more than one teller window is provided in a layout parallel
to the street. Otherwise, exit width at the curb shall not be greater
than 30 feet, nor greater than 20 feet at the outside sidewalk line.
(3)
Automobile and truck laundry establishments.
(a)
An automobile and truck laundry establishment shall be permitted
on the same lot when it is an accessory and subordinate use, and provided
that the services and products sold or dispensed therein comply with
the regulations of this chapter.
(b)
Automobile and truck laundry establishments shall meet the following
additional standards:
[1]
Front yard. There shall be a front yard of not less than 35
feet extending across the full width of the lot abutting any street
or thoroughfare.
[2]
One parking space shall be provided for each two employees,
plus one space for the owner or manager. In addition to the above,
reservoir or waiting spaces shall be provided in the ratio of four
times the capacity of the auto laundry.
C.
Hospitals and educational, religious and philanthropic institutions.
D.
Motels and hotels.
(1)
Districts. Business districts only.
(2)
Specific conditions. Motels and hotels shall provide 2,000 square
feet of lot area for each unit. There must be at least 20 feet between
buildings, but for purposes of this requirement a series of attached
units comprising a continuous structure shall be considered as one
building. Each unit shall contain at least 200 square feet of floor
area and provide heating, lavatory, toilet and tub or shower with
hot and cold water.
