The development and execution of this article are based upon
the division of the City of New Lisbon 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 Common Council hereby authorizes the Zoning Administrator to
issue a conditional use permit after review, public hearing, and approval
from the Plan Commission and Common Council, 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. Such Commission
or Common Council action, and the resulting conditional use permit,
shall specify the period of time for which effective, if specified,
the name of the permittee, and the location and legal description
of the affected premises. Prior to the granting of a conditional use,
the Common Council 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 and 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 and Common Council 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 Plan
Commission and Common Council upon their 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 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 § 520-42 hereinafter. The Plan Commission or Common 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; water supply systems; and arrangement of operations.
All requests for conditional uses shall be to the Common Council and Plan Commission, or the Plan Commission or Common Council can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Common 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 § 520-39 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 Common 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 Common Council
within 45 days after a matter has been referred to it, after which
the Common Council shall take formal action.
A.
Standards. No application for a conditional use shall be recommended
for approval by the Plan Commission, or granted by the Common Council,
unless the Commission 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.
(8)
Adequate measures have been or will be taken to prevent and control
water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any
new construction of a building or an addition to an existing building,
the Common Council and Plan Commission 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.
Additional considerations. In addition, in passing upon a conditional
use permit, the Plan Commission 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 by the Plan Commission or an actual denial by
the Common Council, the Plan Commission and/or Common Council shall
furnish the applicant, in writing when so requested, those standards
that are not met and enumerate reasons the Commission and/or Common
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 Common 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 § 520-42 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:
(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 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 Common 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 Common 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 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 Common Council at least 30 days
before the expiration of said permit.
The Common 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 chapter. Upon written complaint by any citizen or official, the Common 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 § 520-42 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 § 520-41 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Common Council may, in order to bring the subject conditional use into compliance with the standards set forth in § 520-42 or conditions previously imposed by the Common 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 Subsections A and B in § 520-42 will be met, the Common 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 Common Council 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 this article.
B.
Definition. "Bed-and-breakfast establishment" means any place of
lodging that provides four or fewer rooms for rent for more than 10
nights in a twelve-month period, is the owner's personal residence
or is operated by the owner's authorized agent, and is occupied by
the owner or agent at the time of rental and in which the only meal
served to guests is breakfast.
C.
State standards. Bed-and-breakfast establishments shall comply with
the standards of Ch. DHS 197, Wis. Adm. Code.
A.
Intent. The intent of this section is to provide a means to accommodate
a small family home-based business or professional home office as
a conditional use 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. Except as provided in Subsection C below, home occupations are a conditional 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, attached garage or outbuilding.
[Amended 11-3-2003]
(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 that carries
or is observable beyond the interior of the occupied structure(s).
[Amended 11-3-2003]
(5)
There shall be no demand for parking beyond that which is normal
to the neighborhood. In no case shall the home occupation cause more
than two additional vehicles to be parked on or near the premises.
(6)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises. This
shall not be interpreted to include delivery and/or pickup services
such as United Parcel Service, Federal Express, etc., in the conduct
of their normal operations.
(7)
No more than 25% of the gross floor area of the residence shall be
utilized by the home occupation. All or part of an attached garage
or outbuilding may be used.
[Amended 11-3-2003]
(8)
The home occupation is restricted to service- and/or sales-oriented
businesses.
[Amended 11-3-2003]
(9)
The types and number of equipment or machinery may be restricted
by the Common Council.
(10)
Activities which involve the manufacture, utilization, processing
or storage of chemicals or inflammable and explosive material shall
not be permitted.
(11)
Under no circumstances shall a vehicle repair or body work business
qualify as a home occupation.
(12)
No more than one nonresident employee may work on the home occupation
premises.
C.
Permitted use exception.
(1)
A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of Subsection B above are complied with.
[Amended 11-3-2003]
(2)
Persons engaged in building trades or similar fields, using their dwelling units or residential premises as an office for business activities carried on both on and off the premises, may have more employees than the limitations set forth in Subsection B(12) of this section if they are not employed on the premises. If such employees regularly come to the premises to take work assignments, however, a conditional use permit shall first be obtained.[1]
D.
Permitted home occupations. Permitted home occupations include, but
are not necessarily limited to, the following:
(1)
Artists or sculptors.
(2)
Authors or composers.
(3)
Home crafts such as model making, rug weaving and cabinet making.
(4)
Office facility of a minister, rabbi, or priest.
(5)
Office facility of an attorney, architect, professional engineer,
surveyor, landscape architect, insurance agent or real estate agent.
(6)
Private tutoring limited to three pupils at any one time.
(7)
Musical instruction limited to two pupils at a time.
E.
Unlisted home occupations. Any proposed home occupation that is not specifically permitted by Subsection B or D shall be considered a conditional use and may be granted or denied by the Common Council upon consideration of those standards contained in Subsection B and § 520-42 and the procedures set forth in Article V of this chapter.
[Amended 11-3-2003]
[Added 7-15-2002]
A conditional use permit may be granted in compliance with this
article to allow the relaxation and/or waiver of the size, area, height
and yard requirements set forth in:
