A.
Approval required. Uses listed as permitted by conditional grant
may be permitted in the district in which listed upon petition for
such grant to the Plan Commission and subject to the approval of the
Commission and to such other conditions as hereinafter designated.
B.
Basis for approval. The Plan Commission shall base its determination
on general considerations as to the effect of such grant on the health,
general welfare, safety and economic prosperity of the City and specifically
of the immediate neighborhood in which such use would be located,
including such considerations as the effect on the established character
and quality of the area, its physical attractiveness, the movement
of traffic, the demand for related services, the possible hazardous,
harmful, noxious, offensive or nuisance effect as a result of noise,
dust, smoke or odor and such other factors as would be appropriate
to carrying out the intent of conditional grants.
A.
Petition. A request for conditional use grant shall be submitted
in writing to the Public Works and Development Department which shall
promptly refer such petition to the Plan Commission for determination.
Such petition shall be accompanied by appropriate data and information
necessary for proper evaluation of the request, including specifically
the following:
(1)
An accurate map of the property, including indication of general
terrain and topographical characteristics, the location of all significant
terrain features such as streams, ponds, tree growths, etc., and the
location of all existing structures.
(2)
An accurate and complete written description of the use for
which conditional grant is being requested, including pertinent statistics
and operational characteristics.
(3)
Plans and other drawings showing proposed development of the
site and buildings, including landscape plans, location of parking
and service areas, driveways, exterior lighting, type of building
material, etc.
B.
Public hearing. Upon referral of the petition the Plan Commission
shall schedule a public hearing thereon as soon as practical.
C.
Determination. Following public hearing and necessary study and investigation,
the Plan Commission shall as soon as practical render its decision
in writing and a copy shall be made a permanent part of the Commission's
records. Such decision shall include an accurate description of the
use permitted, of the property on which permitted, and any and all
conditions made applicable thereto, or, if disapproved, shall indicate
the reasons for disapproval.
A.
Standard requirements.
(1)
Except as may be specifically otherwise provided, any such use
shall conform to the building location, height, building size, lot
size, and open space regulations of the district in which it is located.
(2)
Building, site and operation plans of the proposed use shall
be submitted for approval of the Plan Commission. Such plans shall
be in sufficient detail to enable the Commission to evaluate the suitability
of architectural and landscape treatment; the proper location of the
building or buildings on the lot; the satisfactory provision for parking
and circulation needs, for drainage and sewage disposal, for adequate
planting screen where necessary, and for operational control devices
where necessary to eliminate noise, dust, odor, smoke, or other objectionable
operating condition; and the general compatibility of the proposed
use with the area in which it is located.
B.
Special requirements. In addition to the general standards and requirements
as stated in this section, such conditional uses shall be subject
to more specific standards and requirements pertinent to the particular
use, which standards and requirements may be set out in a supplementary
guide for conditional use regulation adopted by the Commission and
modified from time to time in order that they reflect the best and
most contemporary of regulatory practices.
C.
Modification of regulations. Requirements applicable to uses permitted
by right or as accessory uses in any district by the regulations of
this chapter may be modified or waived by the Plan Commission in their
application to a conditional use if in the Commission's opinion they
are not appropriate or necessary to the proper regulation of the conditional
use and where such modification or waiver would not in the Commission's
opinion result in adverse effect upon surrounding properties.
D.
Accessory uses and structures. Uses and structures accessory to a
principal conditional use may be permitted subject to appropriate
regulations in the same manner as hereinbefore set forth for the principal
conditional use.
F.
Gasoline service stations. In the case of requests for a conditional
grant for a gasoline service station in a commercial zoning district,
such grant is subject to the express condition that no such station
shall be located, built, constructed, maintained or operated:
(1)
Within 500 feet of any public building or within the same distance
of any public theater or park.
(2)
Within 1,500 feet of any other automobile service station unless
the Plan Commission determines, upon examining the plan and specifications
of the size and layout of the proposed station submitted by the prospective
operator and upon examining a report of the City Engineer as to the
effect of such a station upon present traffic conditions, that the
proposed station will not result in traffic, fire, health, or safety
hazard and that such a station will not be offensive or a nuisance
to the surrounding neighborhood by reasons of its physical, social
or economic feasibility.
(3)
So that the boundary line of any driveway connecting such station
with any street is nearer than 150 feet to an intersection unless
the Plan Commission determines, upon examining the plans and specifications
of the size and layout of the proposed station submitted by the prospective
operator and upon examining a report of the City Engineer as to the
effect of such a station upon present traffic conditions, that the
location and access driveways of the proposed station will not result
in a traffic or safety hazard or unduly interfere with the orderly
and expeditious flow and control of traffic at such intersection,
in which case the Plan Commission may reduce said one-hundred-fifty-foot
requirement but may not reduce such requirement below 100 feet and
in any case within the visual setback line.
G.
Reasonable accommodations for the disabled. A waiver to a dimensional
zoning regulation can be granted through a conditional use grant to
offer a reasonable accommodation for a person with disabilities. Said
grants should only be issued for current needs and only the minimum
waiver necessary should be granted, with all other nonwaiver options
first being explored and ruled out. The Plan Commission can impose
conditions as part of said grant, such as having said structure/feature
removed once the disabled person vacates the property.
[Amended 3-22-2012 by Ord. No. 1351]
I.
Conditional uses permitted. Subject to the foregoing, in addition
to such uses and conditional uses enumerated in the district regulations,
the following may be permitted as conditional uses, subject to all
terms and conditions of this article:[3]
(1)
Community and other living arrangements. In all situations where an exception or special zoning permission procedure is required by § 62.23(7)(i), Wis. Stats., the use may be allowed pursuant to the procedures of this article and further subject to all terms and conditions of § 62.23(7)(i), Wis. Stats. Unless waived by the Common Council, an annual review shall be required for any conditional use approved under this subsection, pursuant to the procedures described in § 62.23(7)(i)9, Wis. Stats., and the Common Council has the power to order a cessation of the operation, as described therein. Nothing herein shall be interpreted as expanding the opportunity for conducting this use beyond the limits of § 62.23(7)(i), Wis. Stats., or as modifying § 62.23(7)(i), Wis. Stats. All decisions to grant or deny a community or other living arrangement under this subsection shall be made at the City Plan Commission's discretion, which may be independent of the standards of § 400-157B.
J.
Adaptive reuse of existing barns for an event/wedding venue.
[Added 3-18-2020 by Ord.
No. 1442]
(1)
Definition. "Adaptive reuse of existing barns for an event/wedding
venue" means any barns erected before January 1, 2020, to be reused
as an event/wedding venue.
(2)
Purpose. The following regulations are created to allow for
an adaptive reuse of existing barns ensuring that applicable ordinances
are followed: to protect against adverse impacts of noise, odor, disturbance,
visual impacts or other nuisances that this practice could have upon
neighboring properties and to control the impacts of such operations
on municipal services, including snowplowing, garbage collection,
sanitation, law enforcement and fire protection.
(3)
Conditional use grant required. No commercial event/wedding may occur in a barn unless an adaptive reuse of existing barns for an event/wedding venue conditional use grant for such operation is granted by the City, and only in full compliance with such conditional use permit. The general provisions as to conditional uses described in Article XIV of this chapter apply to adaptive reuse of existing barns for an event/wedding venue conditional uses.
(4)
Conditions to be met for grant of permit. A conditional use
permit shall not be granted for the adaptive reuse of existing barns
for an event/wedding venue unless all of the following conditions
are met:
(a)
The minimum parcel size shall be five acres.
(b)
A 200-foot separation between any event-related building or
amenity/feature and any structures on adjacent lots shall be provided
on all sides of the property not abutting a public roadway. Special
event/commercial business-related structures, activities and/or features
are not permitted within a fifty-foot buffer area, nor is parking
allowed in this buffer area. The Plan Commission can consider reducing
the required buffer, as it relates to parking only, from any right-of-way
if dense landscape screening is provided. If an existing barn is located
closer than the fifty-foot buffer, then the Plan Commission can consider
reducing the required buffer to not less than the existing barn offset.
Where possible, agricultural crops shall remain or be grown in the
buffer area, or suitable landscaping, to maintain the rural/agricultural
character of the site.
(c)
Buffer plantings shall be provided along a property line where
there is an abutting residence, including across roadways, to screen
views, lights and noise from the operation.
(d)
Parcels shall have direct unobstructed frontage along a paved
public road for direct access.
(e)
The surface of the parking areas and driveways are preferred
to be asphalt, but the Plan Commission can consider gravel parking
areas on a case-by-case basis if the parking is far enough from adjacent
lots and homes and if the parking lot can be maintained in a dustless
condition. The number of parking stalls required should be one stall
for every two people of building capacity with the final quantity
being approved by the Plan Commission.
(f)
Any amplified music should occur only in the main barn structure
and all doors and windows must remain closed when the amplified music
is playing. Special conditions can be considered for unique situations,
subject to Plan Commission review.
(g)
The barn must be structurally sound and must meet all applicable
Building Codes and Fire Codes.
(h)
Applicants for a conditional use grant under this subsection
shall provide the following information at the time of application:
[1]
Ownership of the property.
[2]
Months/duration of operation.
[3]
The anticipated number of events per year.
[4]
Proposed hours/days of operation.
[5]
Primary types of events to be hosted and a description of their
ancillary activities (e.g., hayrides, petting farms, bonfires, etc.).
[6]
Size of the barn facility and guest capacity, including a floor
plan of the barn and auxiliary structures (including any tents or
other temporary structures).
[7]
A site plan/survey for the entire parcel, including ingress/egress,
parking areas, all facility structures/tents, restroom locations,
and any other site-based features.
[8]
Provision of restroom facilities, including screening method
(must be provided).
[9]
Location of refuse receptacles, screening and method of disposal.
[10]
Proposed signage and lighting plan.
[11]
Proposed use and location of amplified music.
[12]
Any additional information required by the Plan
Commission to ensure the safe operations of the event/wedding venue.
Subsequent change or addition to the approved conditional use
grants shall first be submitted for approval to the Plan Commission,
and if in the opinion of the Plan Commission such change or addition
constitutes a substantial alteration based on the standards set forth
in this code, a public hearing before the Plan Commission shall be
required.
A.
A use which existed lawfully on a lot at the time said lot was placed
in a district where such use would be permitted only as a conditional
grant shall automatically be granted conditional use status.
B.
The grant of conditional use in such case shall be based upon the
existing conditions at that time, and any expansion or change in use
shall require changing of the conditional use grant.
C.
Petition may be made at any time for expansion or other change of
the conditional use grant, and such petition shall not prejudice the
existing grant as herein authorized.
D.
Conditional use status granted under previous zoning regulations
shall be considered in effect under this chapter subject to the conditions
established by the original grant. Any expansion or other change,
however, shall be subject to the provisions of this chapter.
A.
Where a permitted conditional use does not continue in conformity
with the conditions of the original approval, or where a change in
the character of the surrounding area or of the use itself causes
it to be no longer compatible with surrounding area, or for similar
cause based upon consideration of the public welfare, the conditional
grant may be terminated by action of the Common Council following
referral to the Plan Commission for recommendation and public hearing
thereon. Such use shall thereafter be classified as legal nonconforming
use, except that where the action is due to failure to comply with
the conditions of the conditional grant, the Common Council may require
complete termination of such use.
B.
When the owner of the property/business is requesting the termination
willingly, due to the use being discontinued, a public hearing is
not required. Building, site and operation plan amendment review is
still required by the Plan Commission to terminate said use in this
circumstance.
[Amended 3-22-2012 by Ord. No. 1351]
