The development and execution of this article is 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 and public hearing, provided that such conditional
use and involved structure(s) are found to be in accordance with the
purpose and intent of this Zoning Code 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 Village Board 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, 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 Village Board 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 article 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 applicant shall pay a fee as set by the Village Board at the time the application is submitted. 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 § 520-48 hereinafter. The Village Board 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.
Upon receipt of the application and statement referred to in § 520-45 above, the Village Board shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Village Board. 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 Village Board 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 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 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.
No application for a conditional use shall be granted by the
Village Board unless the Board shall find all of the following conditions
are present:
A.
That 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.
B.
That 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.
C.
That 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.
D.
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
E.
That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
F.
That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
G.
That the proposed use does not violate floodplain regulations governing
the site.
H.
That, when applying the above standards to any new construction of
a building or an addition to an existing building, the 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.
I.
That, in addition to passing upon a conditional use permit, the 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 a denial of a conditional use application is made, the
Village Board shall furnish the applicant, in writing when so requested,
those standards that are not met and enumerate reasons the Board 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 § 520-48 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. The Village Board shall evaluate each application and
may request assistance from any source which can provide technical
assistance. The Board 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.
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 commended 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, 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 § 520-48 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 § 520-47 above. Any person may appear at such hearing and testify in person or 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 § 520-48 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 standards in § 520-48A and B 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 this article.
B.
BED-AND-BREAKFAST ESTABLISHMENT
Definition. As used in this section, the following terms shall have
the meanings indicated:
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists 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.
State standards. Bed-and-breakfast establishments shall comply with
the standards of Chapter DHS 197, Wis. Adm. Code.
The following public and semipublic uses shall be conditional
uses and may be permitted as specified.
A.
Airports, airstrips and landing fields in the A-1 District, providing
that these facilities meet the regulations contained in Chapter 114,
§§ 114.135 and 114.136, of the Wisconsin Statutes.
B.
Governmental and cultural uses such as administrative offices, fire
and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds and museums in all residential, business
and industrial districts.
C.
Utilities in all districts, provided all principal structures and
uses are not less than 50 feet from any residential district lot line.
D.
Public passenger transportation terminals, such as heliports, bus
and rail depots, except airports, airstrips and landing fields, in
all business and industrial districts, provided all principal structures
and uses are not less than 100 feet from any residential district
boundary.
E.
Public, parochial and private, preschool, elementary and secondary
schools and churches in the R and R-1 Residential District, provided
that lot area is not less than one area and all principal structures
and uses are not less than 50 feet from any lot line.
F.
Colleges, universities, hospitals, sanitariums, religious, charitable,
penal and correctional institutions, cemeteries and crematories in
the R-1 and R-2 Districts, provided all principal structures and uses
are not less than 100 feet from any lot line.
The following residential and quasi-residential uses shall be
conditional uses and may be permitted as specified:
A.
Clubs, fraternities, lodges and meeting places of a noncommercial
nature in the R-1 and R-2 Residential Districts, provided all principal
structures and uses are not less than 25 feet from any lot line.
B.
Rest homes, nursing homes, homes for the aged, clinics and children's
nurseries in the R-1 and R-2 Residential Districts.
[Amended 7-6-2017 by Ord.
No. 8-2017]
C.
Lot consolidation in the R-1 District through R-5 District shall be considered through a conditional use permit, and applications shall coincide with certified survey map requirements per § 512-7, Minor subdivisions. Proposed lots shall be adjacent and have the same recorded ownership. The lots involved must be designated within the same zoning district and the proposed lot consolidation will not create or result in a violation of the zoning ordinance. Items that will be considered include but are not limited to future land use objectives, size of lots, proposed improvement value per acre, loss of utility revenue and infrastructure costs.
[Added 5-4-2017 by Ord.
No. 4-2017]
Mineral extraction operations, including washing, crushing or
other processing, are conditional uses and may be permitted in the
I-1 Industrial District, provided:
A.
The application for the conditional use permit shall include: an
adequate description of the operation; a list of equipment, machinery
and structures to be used; the source, quantity and disposition of
water to be used; a topographic map of the site showing existing contours
with minimum vertical contour intervals of five feet, trees proposed
and existing access roads, the depth of all existing and proposed
excavations; and a restoration plan.
B.
The restoration plan provided by the applicant shall contain proposed
contours after filling, depth of the restored topsoil, type of fill,
planting of reforestation, restoration commencement and completion
dates. The applicant shall furnish the necessary fees to provide for
the inspection and administrative cost and the necessary sureties
which will enable the Village to perform the planned restoration of
the site in the event of default by the applicant. The amount of such
sureties shall be based upon cost estimates prepared by the Engineer,
and the form and type of such sureties shall be approved by legal
counsel.
The following standards and not the standards contained in the
schedules of regulations shall be applied to the construction of townhouses:
A.
The overall density shall not exceed 25 dwelling units per acre.
The average lot width shall be at least 20 feet; however, no individual
lot shall be narrower than 18 feet.
B.
The average maximum lot coverage of principal and accessory buildings
shall not exceed 50%, and no individual lot shall be covered more
than 60%.
C.
The average front yard setback shall be 20 feet, but no building
shall be located closer to the front property line than 15 feet.
D.
Side yards of not less than 20 feet in width shall be provided at
least every 160 feet and for every corner lot.
E.
The rear yard shall be not less than 20% of the depth of the lot.
F.
The structure shall be higher than three stories or 35 feet. 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.
A junk or salvage yard shall be defined as any building or premises
used for the buying, selling, gathering, delivery, shipping, storing
or salvaging of old iron, bottles, paper, rags, farm machinery, vehicles
or other materials commonly included in the term "junk" without obtaining
a license for the operation of a junk and salvage yard. Storage of
more than one unlicensed vehicle on the same premises shall be prima
facie evidence of operation of a junk or salvage yard.
A.
Public recreational facilities. The following public recreation facilities
shall be conditional uses and may be permitted as specified by the
Village Board: bathhouses, beaches, boating, camps, conservatories,
driving ranges, golf courses, hunting, ice boating, marinas, riding
academies, skating rinks, sport fields, swimming pools, snowmobile
courses, resort lodges and zoological and botanical gardens in the
districts as allowed by the Planning Committee, provided that the
lot area is not less than 0.5 acre and all structures are not less
than 25 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, skating
rinks and theaters may be permitted in the B-1 and I-1 Districts.
Private camping areas shall have a minimum size of one acre
and shall comply with Chapter DHS 178 of the Wisconsin Administrative
Code.
A.
Title. This section may be referred to as the "Small Wind Energy
System Ordinance."
B.
Authority. This section is adopted pursuant to authority granted
by: Wis. Stats. § 60.61 or 60.62 and 62.23(7), or 60.22(3)
and 66.0401.
D.
ADMINISTRATOR
BOARD
METEOROLOGICAL TOWER (MET TOWER)
OWNER
ROTOR DIAMETER
SMALL WIND ENERGY SYSTEM
TOTAL HEIGHT
TOWER
WIND ENERGY SYSTEM
WIND GENERATOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Village of Trempealeau Land Use Administrator or Planning
and Zoning Administrator.
The Village of Trempealeau Board of Supervisors.
The tower, base plate, anchors, guy cables and hardware,
anemometers (wind speed indicators), wind direction vanes, booms to
hold equipment anemometers and vanes, data logger, instrument wiring,
and any telemetry devices that are used to monitor or transmit wind
speed and wind flow characteristics over a period of time for either
instantaneous wind information or to characterize the wind resource
at a given location.
The individual or entity that intends to own and operate
the small wind energy system in accordance with this section.
The cross-sectional dimension of the circle swept by the
rotating blades.
A wind energy system that:
The vertical distance from ground level to the tip of a wind
generator blade when the tip is at its highest point.
The monopole, freestanding, or guyed structure that supports
a wind generator.
Equipment that converts and then stores or transfers energy
from the wind into usable forms of energy [as defined by Wis. Stats.
§ 66.0403(1)(m)]. This equipment includes any base, blade,
foundation, generator, nacelle, rotor, tower, transformer, vane, wire,
inverter, batteries or other component used in the system.
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
E.
Standards. A small wind energy system shall be a permitted use in
all zoning districts subject to the following requirements:
(1)
Setbacks. A wind tower for a small wind system shall be set back
a distance equal to its total height from:
(a)
Any public road right-of-way, unless written permission is granted
by the governmental entity with jurisdiction over the road;
(b)
Any overhead utility lines, unless written permission is granted
by the affected utility;
(c)
All property lines, unless written permission is granted from
the affected landowner or neighbor.
(3)
Electrical wires. All electrical wires associated with a small wind
energy system, other than wires necessary to connect the wind generator
to the tower wiring, the tower wiring to the disconnect junction box,
and the grounding wires, shall be located underground.
(4)
Lighting. A wind tower and generator shall not be artificially lighted
unless such lighting is required by the Federal Aviation Administration.
(5)
Appearance, color, and finish. The wind generator and tower shall
remain painted or finished the color or finish that was originally
applied by the manufacturer, unless approved in the building permit.
(6)
Signs. All signs, other than the manufacturer's or installer's identification,
appropriate warning signs, or owner identification on a wind generator,
tower, building, or other structure associated with a small wind energy
system visible from any public road shall be prohibited.
(7)
Code compliance. A small wind energy system, including tower, shall
comply with all applicable state construction and electrical codes
and the National Electrical Code.
(8)
Utility notification and interconnection. Small wind energy systems
that connect to the electric utility shall comply with the Public
Service Commission of Wisconsin's Rule 119, "Rules for Interconnecting
Distributed Generation Facilities."
(9)
Met towers shall be permitted under the same standards, permit requirements,
restoration requirements, and permit procedures as a small wind energy
system.
F.
Permit requirements.
(1)
Building permit. A building permit shall be required for the installation
of a small wind energy system.
(2)
Documents. The building permit application shall be accompanied by
a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property.
(b)
Location, dimensions, and types of existing major structures
on the property.
(c)
Location of the proposed wind system tower.
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
Any overhead utility lines;
(f)
Wind system specifications, including manufacturer and model,
rotor diameter, tower height, tower type (freestanding or guyed).
(g)
Tower foundation blueprints or drawings.
(h)
Tower blueprint or drawing.
(3)
Fees. The application for a building permit for a small wind energy
system must be accompanied by the fee required for a building permit
for a permitted accessory use.
(4)
Expiration. A permit issued pursuant to this section shall expire
if:
G.
Abandonment.
(1)
A small wind energy system that is out of service for a continuous
twelve-month period will be deemed to have been abandoned. The Administrator
may issue a notice of abandonment to the owner of a small wind energy
system that is deemed to have been abandoned. The owner shall have
the right to respond to the notice of abandonment within 30 days from
notice receipt date. The Administrator shall withdraw the notice of
abandonment and notify the owner that the notice has been withdrawn
if the owner provides information that demonstrates the small wind
energy system has not been abandoned.
(2)
If the small wind energy system is determined to be abandoned, the
owner of a small wind energy system shall remove the wind generator
from the tower at the owner's sole expense within three months of
receipt of notice of abandonment. If the owner fails to remove the
wind generator from the tower, the Administrator may pursue a legal
action to have the wind generator removed at the owner's expense.
H.
Building permit procedure.
(1)
An owner shall submit an application to the Administrator for a building permit for a small wind energy system. The application must be on a form approved by the Administrator and must be accompanied by two copies of the plot plan identified in Subsection F(2) above.
(2)
The Administrator shall issue a permit or deny the application within
one month of the date on which the application is received.
(3)
The Administrator shall issue a building permit for a small wind
energy system if the application materials show that the proposed
small wind energy system meets the requirements of this section.
(4)
If the application is approved, the Administrator will return one
signed copy of the application with the permit and retain the other
copy with the application.
(5)
If the application is rejected, the Administrator will notify the
applicant in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the Administrator's
decision pursuant to Chapter 68, Wis. Statutes. The applicant may
reapply if the deficiencies specified by the Administrator are resolved.
(6)
The owner shall conspicuously post the building permit on the premises
so as to be visible to the public at all times until construction
or installation of the small wind energy system is complete.
I.
Violations. It is unlawful for any person to construct, install,
or operate a small wind energy system that is not in compliance with
this section or with any condition contained in a building permit
issued pursuant to this section. Small wind energy systems installed
prior to the adoption of this section are exempt.
J.
Administration and enforcement.
(1)
This section shall be administered by the Administrator or other
official as designated.
(2)
The Administrator may enter any property for which a building permit
has been issued under this section to conduct an inspection to determine
whether the conditions stated in the permit have been met.
(3)
The Administrator may issue orders to abate any violation of this
section.
(4)
The Administrator may issue a citation for any violation of this
section.
(5)
The Administrator may refer any violation of this section to legal
counsel for enforcement.
K.
Penalties.
(1)
Any person who fails to comply with any provision of this section or a building permit issued pursuant to this section shall be subject to enforcement and penalties as stipulated in § 520-125 of this chapter.
(2)
Nothing in this section shall be construed to prevent the Village
Board from using any other lawful means to enforce this section.
[Added 5-3-2010 by Ord. No. 4-2010; amended 1-4-2016 by Ord. No. 1-2016; 1-4-2024 by Ord. No. 1-2024]
A.
Solar energy systems.
(1)
Statement of findings and purpose:
(a)
Diminishing supplies of nonrenewable energy resources threaten
the physical and economic well-being of the residents of this community
who presently rely on such resources to maintain their homes, industries,
businesses and institutions;
(b)
Solar energy systems hold great promise for the future energy
needs of this community because they use a renewable energy resource;
because they require less capital, land, water and other resources
needed for central-station generation of electricity; and because
they do not pollute the community's water and air; and
(c)
The successful use of solar energy systems for such purposes
as supplying space heating, water heating or the production of electricity
is dependent upon sufficient access to direct sunlight.
(2)
This section is adopted under authority contained in § 66.0403,
Wis. Stats., for the purpose of protecting the health, safety, and
general welfare of the community by:
B.
APPLICANT
APPLICATION
COLLECTOR SURFACE
COLLECTOR USE PERIOD
IMPERMISSIBLE INTERFERENCE
(1)
(2)
(3)
(4)
OWNER
PERMIT
SOLAR COLLECTOR
SOLAR ENERGY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An owner applying for a permit under this section.
An application for a permit under this section.
Any part of a solar collector that absorbs solar energy for
the use in the collector's energy transformation process. "Collector
surface" does not include frames, support and mounting hardware.
9:00 a.m. to 3:00 p.m. standard time daily.
A blockage of solar energy from a collector surface or a proposed collector surface for which a permit has been granted under this section during a collector use period, if such blockage is by any structure or vegetation on property an owner of which was notified under Subsection C(6). "Impermissible interference" does not include:
Blockage by a narrow protrusion, vegetation, or other object
which never obstructs more than 5% of the solar energy which would
strike a solar collector during the collector use period on any given
day.
Blockage by any structure constructed, under construction or
for which a building permit has been applied for before the date the
last notice is mailed or delivered under Subsection C(6).
Blockage by any vegetation planted before the date the last
notice is mailed or delivered under Subsection C(6).
Blockage by any structure or vegetation which obstructs less
solar energy from a solar collector during the collector use period
than would be obstructed by a six-foot-high wall located along the
northern boundaries of the property to the south of the solar collector.
At least one owner, as defined under § 66.0217(d),
Wis. Stats., of a property or the personal representative of at least
one owner.
A solar access permit issued under this section.
A device, structure or part of a device or structure a substantial
purpose of which is to transform solar energy into thermal, mechanical,
chemical or electrical energy.
Direct radiant energy received from the sun.
C.
Permit application and notice.
(1)
Permit jurisdiction. Any owner who has installed or intends to install
a solar collector shall apply to the Village Board for a permit. A
permit may affect any land located within the territorial limits of
the Village or which is subject to an extraterritorial zoning ordinance
unless the extraterritorial land is subject to a zoning ordinance
adopted by a county or town.
(2)
Application. An application for a permit under this section may be
obtained from the Zoning Administrator and shall be completed by the
applicant.
(3)
Informal preapplication meeting. Prior to the filing of an application,
the applicant shall meet with the Zoning Administrator to discuss
the application and the permit process.
(5)
Review of application. The Zoning Administrator shall review the application to determine if it is satisfactorily completed. The Zoning Administrator shall notify the applicant of this determination within 30 days after the application has been filed and the application fee received. If the Zoning Administrator determines that the application is satisfactorily completed, the Village shall provide notice forms and receipt forms to the applicant for service and signing under Subsection C(6).
(6)
Service of notice. If an applicant is notified that an application
has been satisfactorily completed, the applicant shall deliver by
certified mail or by hand the notice, supplied by the Village, to
the owner of any property which the applicant proposed to be restricted
by the permit. The applicant shall submit to the Zoning Administrator
a copy of a signed receipt or affidavit of service for every notice
delivered under this subsection.
(7)
Content of notice. The information on the notice form shall include:
(a)
The name and address of the applicant, and the address of the
land upon which the solar collector is or will be located.
(b)
That an application has been filed by the applicant.
(c)
That the permit, if granted, may affect the rights of the notified
owner to develop his or her property and to plant vegetation.
(d)
That any person who received a notice may request a hearing under Subsection D within 30 days after receipt of the notice.
(e)
The procedure for filing a hearing request and telephone number,
address and office hours of the agency.
D.
Hearing. Within 10 days after receipt of the notice under Subsection C(6), any person who has received a notice, or anyone acting on the person's behalf, may file a request for a hearing on the granting of a permit or the Village Board may determine that a hearing is necessary even if no such request is filed. Any person who has received a notice may waive their right to a hearing and thereby expedite the permitting process. If a request is filed or if the Village Board determines that a hearing is necessary, the Village Board shall conduct a hearing on the application within 90 days after the last notice is delivered. At least 10 days prior to the hearing date, the Village Board shall notify the applicant, any person who has requested a hearing under this section, all owners notified under Subsection C(6), and any other person filing a request of the time and place of the hearing. Prior to the hearing, the Zoning Administrator shall submit an advisory recommendation to the Village Board.
E.
Grant of permit.
(1)
Determination. The Village Board shall grant a permit if the Board
determines that:
(a)
The granting of a permit will not unreasonably interfere with
the orderly land use and development plans of the Village;
(b)
No person has demonstrated that she or he has present plans to build a structure that would create an impermissible interference by showing that she or he has applied for a building permit prior to receipt of a notice under Subsection C(6) has expended at least $500 on planning or designing such a structure, or by submitting any other credible evidence that she or he has made substantial progress toward planning or constructing a structure that would create an impermissible interference; and
(c)
The benefits to the applicant and the public will exceed any
burdens.
(d)
No person has demonstrated that the granting of a permit would
cause an undue hardship in using his or her property in a manner consistent
with existing zoning regulations and neighboring property uses.
(2)
Conditions.
(a)
The Village Board may grant a permit subject to any condition
or exemption the Village Board deems necessary to minimize the possibility
that the future development of nearby property will create an impermissible
interference or to minimize any other burden on any person affected
by granting the permit. Such conditions or exemptions may include
but are not limited to restrictions on the location of the collector
and requirements for the compensation of persons affected by the granting
of the permit.
F.
Appeals. Any person aggrieved by a decision under this section may
appeal the decision by making a written request to the Village Board
within 10 days of the decision. The decision shall be reviewed by
the Zoning Board of Appeals.
G.
Record of permit. If the Village Board grants a permit:
(1)
The Village Board shall specify the property restricted by the permit
and shall prepare notice of the granting of the permit. The notice
shall include the legal description pursuant to § 706.05(2)(C),
Wis. Stats., for the property upon which the solar collector is or
will be located and for any property restricted by the permit, and
shall indicate that the property may not be developed and vegetation
may not be planted on the property so as to create an impermissible
interference with the solar collector which is the subject of the
permit unless the permit affecting the property is terminated or unless
a waiver agreement affecting the property is recorded under this section.
(3)
The Village Board shall note the location of any solar collector
which is the subject of a permit on a map showing the location of
all solar collectors for which permits have been granted and shall
identify on the map all properties which are subject to restrictions
resulting from the granting of a permit.
H.
Rights of permit holder. The holder of a permit granted under this
section is entitled to access to sunlight for the solar collector
subject to any conditions or exemptions in the permit and may seek
damages for any loss caused by an impermissible interference or an
injunction to prevent an impermissible interference as provided under
§ 66.0403(7), Wis. Stats. If the court finds on behalf of
the permit holder, the permit holder shall be entitled to a permanent
injunction. damages. court costs and reasonable attorney fees.
I.
Waiver of rights. A permit holder, by written agreement, may waive
all or part of any right protected by a permit. The permit holder
shall record a copy of the agreement with the register of deeds. A
copy of the agreement shall also be filed with the Village Board.
J.
Termination of permits.
(1)
Any rights protected by a permit under this section shall terminate
if the Village Board determines that the solar collector which is
the subject of the permit is:
(2)
The Village Board shall give the permit holder written notice and an opportunity for a hearing on a proposed termination under Subsection J(1).
(3)
If the Village Board terminates a permit, the Village Board shall
record a notice of termination with the register of deeds. The Village
Board shall charge the permit holders for the cost of recording.
K.
Preservation of rights. The transfer of title to any property shall
not change the rights and duties provided by a permit granted under
this section.
[Added 5-4-2017 by Ord.
No. 6-2017]
The following commercial uses shall be conditional uses and
may be permitted as specified:
A.
In all residential zoning districts, a bakery may be permitted by
a conditional use permit. It is the purpose and intent of this section
to allow for limited commercial uses that are primarily suited to
neighborhoods and are within walking distance (1/4 mile) of the establishment.
A neighborhood-compatible use will have little impact to the neighborhood
and will fit in with the residential character and therefore require
little if any off-street parking.
B.
In determining whether to grant such conditional use permit, the
Plan Commission and Village Board shall consider any decrease in neighborhood
values and character by permitting such use and review the proposed
use for neighborhood compatibility in terms of lighting, signage,
interior layout plan, outdoor seating, accessory uses, demolition
of structures, loss or gain of property values and tax base, landscaping,
site plans, parking and loading and traffic impacts, hours of operation
and other such factors particular to the use and immediate surrounding
properties.
