The development and execution of this chapter is based upon
the division of the Village of Spencer 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 Plan Commission may 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 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 a limited conditional use, the Plan Commission
in its findings shall further specify the delimiting reason(s) or
factors which resulted in issuing limited rather than regular conditional
use. Such Plan Commission 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, 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 Plan
Commission 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 in the zoning
district in which such land is located.
A.
Required application materials. An application for a conditional
use shall be filed in duplicate on a form prescribed by the Village.
Such applications shall be forwarded to the Plan Commission on receipt
by the Zoning Administrator. Such applications shall include, where
applicable:
(1)
A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 480-38 hereinafter.
(2)
Names and addresses of the applicant, owner of the site, architect,
professional engineer, contractor and all property owners of record
within 300 feet.
(3)
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
proposed operation or use of the structure or site; number of employees
and the zoning district within which the subject site lies.
(4)
Plat of survey prepared by a professional land surveyor showing all
of the information required for a building permit and existing and
proposed landscaping.
(5)
Additional information as may be required by the Plan Commission
or other boards, commissions or officers of the Village. 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.
B.
Plans. In order to secure information upon which to base its determination,
the Plan Commission may require the applicant to furnish, in addition
to the information required for a building permit, the following information:
(1)
A plan of the area showing contours, soil types, high water mark,
groundwater conditions, bedrock, slope and vegetation cover;
(2)
Location of buildings, parking areas, traffic access, driveways,
walkways, open spaces, landscaping, lighting;
(3)
Plans for buildings, sewage disposal facilities, water supply systems
and arrangements of operations;
(4)
Specifications for areas of proposed filling, grading, lagooning
or dredging;
(5)
Other pertinent information necessary to determine if the proposed
use meets the requirements of this chapter.
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 § 480-35 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.
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 five days prior to the date of such public hearing.
Failure to comply with this provision shall not, however, invalidate
any previous or subsequent action on the application.
No application for a conditional use shall be approved by the
Plan Commission or granted by the Village Board/Zoning Board of Appeals
on appeal unless such Commission and Board shall find that 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 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.
I.
That, 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 a decision 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
the reasons the Commission has used in determining that each standard
was not met.
Any action of the Plan Commission in granting or denying a conditional
use permit may be appealed to the Village Board, if a written request
for an appeal is filed within 10 days after the date of the Plan Commission's
action in granting or denying the permit.
Such request for appeal shall be signed by the applicant or
by the owners of at least 20% of the land area immediately adjacent
extending 100 feet therefrom or by the owners of 20% or more of the
land directly opposite thereto extending 100 feet from the street
frontage of such opposite land. The request shall be filed with the
Zoning Administrator who shall submit it to the Village Board at its
next meeting, together with any documents and other data used by the
Plan Commission in reaching its decision. The Village Board may consider
the matter forthwith, refer the matter to a subsequent meeting or
set a date for a public hearing thereon. In the event the Village
Board elects to hold a public hearing, notice thereof shall be given
by mail to the known owners of the lands immediately adjacent thereto
and directly opposite any street frontage of the lot or parcel in
question and by publication of a Class 1 notice in the official newspaper
at least 10 days before the date of the hearing. The Village Board
may either affirm or reverse in whole or in part the action of the
Plan Commission and may finally grant or deny the application for
a conditional use permit.
The following provisions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Village Board on appeal, 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 § 480-38 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 decision, 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 Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Plan Commission 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. No conditional
use permit shall be granted where the proposed use is deemed to be
inconsistent or conflicting with neighboring uses for reasons of smoke,
dust, odors, noise, vibration, lighting, health hazards or possibility
of accident.
Where the Plan Commission 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 Commission'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 Plan Commission may extend
such permit for a period of 90 days for justifiable cause, if application
is made to the Village at least 30 days before the expiration of said
permit.
The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Plan Commission 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 § 480-38 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 § 480-37 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 480-38 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally; the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-3. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 480-38A and B will be met, the Plan Commission 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 Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this section may be taken to the Village Board.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential 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 m writing
with the Zoning Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists or other transients 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.[1]
C.
Regulations.
(1)
Compliance with state standards. All bed-and-breakfast establishments
and licensees shall be subject to and comply with Ch. ATCP 73, Wis.
Adm. Code, relating to bed-and-breakfast establishments, or Ch. ATCP
72, 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.
ATCP 72 or 73, 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 C 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. ATCP 72 or 73, Wis. Adm. Code, or as above provided.
