A.
For the purpose of this chapter, the "conditional use permit" is
a flexible device designed to cope with situations where a particular
use, although not inherently inconsistent with the use classification
of a particular district, could create special problems and hazards
if allowed to develop and locate as a matter of right and therefore
is in need of special consideration. Often, the effects of these uses
on the surrounding environment cannot be foreseen until a specific
site has been proposed. The nature, character or circumstances of
these uses are so unique or so dependent upon specific contemporary
conditions that predetermination of permissibility by right or the
detailing in this chapter of all of the specific standards, regulations
or conditions necessary or appropriate to such permissibility is not
practicable.
B.
The development and execution of this article is based upon the division
of the Town of Lowell 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 Town Board hereby authorizes the Zoning Administrator to issue
a conditional use permit after review, public hearing, and recommendation
from the Plan Commission and approval from the Town Board, 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 Town Board and Plan Commission action and the resulting
conditional use permit 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 Town Board and Plan 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 trafficway.
The Town Board or 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 Town
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.
A.
Application. Upon payment of fees prescribed in accordance with the
Town Board's current Fee Schedule, applications for conditional use
permits shall be made in duplicate to the Zoning Administrator on
forms furnished by the Zoning Administrator or designee and shall
include the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Name and address of the applicant, owner of the site, architect,
professional engineer, contractor, and all opposite and abutting property
owners of record.
(2)
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.
(3)
Plat of survey prepared by registered land surveyor or, where deemed
appropriate by the Zoning Administrator, a location sketch drawn to
scale. The scale shall not be smaller than one inch equals 50 feet.
The plat or sketch shall show all the information required for a zoning
permit.
(4)
Proposed water and sanitary survey plan, showing the location of
any private well, if municipal water service is not available. Site
plan shall illustrate sanitary sewer systems, including distance from
proposed and existing buildings.
B.
Standards statement. An application for a conditional use shall be filed on a form prescribed by the Town, with the required fee payment. The application 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 § 295-33 hereinafter.
C.
Additional information. The Town Board, Plan Commission or Zoning
Administrator (or designee) 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; and plans of buildings, sewage disposal facilities,
water supply systems and arrangements of operations.
All requests for conditional uses shall be applied for with the Zoning Administrator, or the Town Board or Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Town 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 § 295-30 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.
A.
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 Town 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 Town Board and Plan Commission, and
the owners of record as listed in the office of the Town Assessor
who are owners of property in whole or in part situated within 100
feet of the boundaries of the properties affected, said notice to
be sent at least 10 days prior to the date of such public hearing.
B.
The Plan Commission shall report its action to the Town Board within
45 days after a matter has been referred to it, recommending that
the application be approved, conditionally approved, or denied, after
which the Town Board shall take formal action.
A.
Standards. No application for a conditional use shall be granted
by the Town Board or recommended by the Plan Commission unless the
Town Board or Plan Commission shall find all of the following conditions
are present:
(1)
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.
(2)
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.
(3)
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.
(4)
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
(5)
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.
(6)
That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
(7)
That the proposed use does not violate floodplain regulations governing
the site.
(8)
That 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 Town Board or 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 Town Board or 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.
A.
Town Board action. The Town Board, upon the recommendation of the
Plan Commission, may authorize the Zoning Administrator to issue a
conditional use permit for a conditional use(s) after review by the
Plan Commission, provided that such conditional uses and structures
are in accordance with the purpose and intent of this chapter and
are found to be not hazardous, harmful, offensive, or otherwise adverse
to the environment and the value of the neighborhood or the community.
B.
Written determination. When an advisory recommendation of denial
of a conditional use application is made by the Plan Commission or
an actual denial by the Town Board, the Plan Commission and/or Town
Board shall furnish the applicant, in writing when so requested, those
standards that are not met and enumerate reasons the Commission and/or
Town Board has used in determining that each standard was not met.
C.
Compliance. Compliance with all other provisions of this chapter,
such as lot width and area, setbacks, height, parking, loading, traffic,
highway access, and performance standards, shall be required of all
conditional uses.
D.
Recording. A land covenant form provided by the Town shall be recorded
at the office of the Register of Deeds for Dodge County, as a covenant
on the title of the premises involved, documenting the existence of
the approved conditional use permit.
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 Town 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 § 295-33 above. In all cases in which conditional uses are granted, the Town 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 Town Board, upon the recommendation
of the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Town 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
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 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
Town Board may extend such permit for a period of 90 days for justifiable
cause if application is made to the Town at least 30 days before the
expiration of said permit.
The Town 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 Town 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 § 295-33 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 § 295-32 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Town Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 295-33 or conditions previously imposed by the Town 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 the standards in § 295-33A and B will be met, the Town Board may revoke the subject conditional approval and direct the Zoning Administrator and the Town Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Town 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.
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,
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 ATCP 73, Wis. Adm. Code.
[Amended 7-13-2010 by Ord. No. 2010-1 (Exhibit "G")]
A.
Purpose and intent. The purpose of this section is to establish the
requirements and criteria for permitting uses of and/or activities
from residential dwellings located in residential and agricultural
zoning districts for home-based occupations, businesses, professions,
or trades where such uses and activities are:
(1)
Accessory and subordinate to the primary residential or agricultural
use of the property;
(2)
Conducted in a manner that is compatible with the surrounding residential
and agricultural zoning properties; and
(3)
Not detrimental to the character, appearance or quality of life of
the surrounding properties or neighborhood within which such uses
and activities are to be conducted.
B.
Home occupation classifications. A home occupation shall be classified
as either a "minor" or a "major" home occupation based on the size,
intensity, number and type of employees, and the characteristics and
types of activities associated with a particular home occupation.
The determination as to whether a home occupation is to be classified
as a minor or major home occupation shall be made by the Plan Commission
as set forth in this section.
(1)
Minor home occupation. "Minor home occupations" are occupations that,
given their size, appearance, number of employees, operational characteristics
and activities, are less likely to have a noticeable and negative
impact on the surrounding properties and neighborhood. Minor home
occupations are allowed by right as a permitted accessory use and
only require a zoning permit obtained from the Plan Commission.
(2)
Major home occupation. "Major home occupations" are occupations that,
given their size, appearance, number of employees, operational characteristics
and activities, are more likely to have more noticeable and potentially
negative impacts on the surrounding properties and neighborhood. Major
home occupations are only allowed with a conditional use permit obtained
from the Town Board with a recommendation from the Plan Commission
and following a public hearing of the proposed home occupation.
C.
General requirements and performance criteria. All minor and major
home occupations shall comply with all of the following requirements
prior to or as a result of complying with any conditions of approval
required by the Town prior to obtaining the required permit (zoning
permit or conditional use permit):
(1)
The owner/operator of a home occupation shall reside in the dwelling
from which the home occupation is being conducted.
(2)
The total area of the dwelling used to conduct activities associated
with a home occupation shall not exceed 1/3 of the total gross floor
area of the residential dwelling (excluding activities conducted in
accessory buildings).
(3)
All applicable state, federal and local business and/or occupational
licenses and any other approvals required shall be obtained as necessary
and kept up-to-date throughout the duration of the home occupation.
All activities associated with a home occupation and the residential
dwelling, accessory building, structure, and overall property from
which such home occupation is being conducted shall comply with all
local, county, and state building, fire, sanitary, health and other
applicable requirements and regulations, including any homeowners'
association, subdivision and other recorded property restrictions
and covenants. Noncompliance with any applicable requirement and/or
regulation may be grounds for a zoning code violation, denial of a
home occupation application, or revocation of a home occupation permit.
(4)
The owner/operator of a home occupation shall be responsible for
notifying the Plan Commission of any changes to the home occupation
that are different from those included in the permit application or
from any conditions or restrictions imposed as part of the permit.
Changes that result in a home occupation that is larger, more intense,
has more employees, has different or more activities, etc., may result
in the need for a new permit and possible reclassification of the
home occupation (from minor to major).
(5)
Activities associated with a home occupation shall not generate any
traffic, parking, solid or liquid waste, water consumption, noise,
vibrations, smoke, dust, odor, heat, glare, disturbance or interference
with the provision of electrical, television or other utility services,
or create any safety hazards exceeding those which are typically and
customarily produced by and/or associated with a residential dwelling
and residential uses in the zoning district and surrounding neighborhood
within which the subject property and home occupation is located.
(6)
The residential dwelling, accessory buildings and structures, and
overall property shall remain residential in character and appearance
that is typical and customary for residential property located in
the neighborhood within which the home occupation is located. Structural
or other alterations to the exterior appearance that make the dwelling,
accessory buildings, and/or the overall property appear similar to
a commercial operation are prohibited.
(7)
Goods or products intended for sale as part of the home occupation
may be displayed outside of a dwelling, accessory building or structure,
or elsewhere on the property, provided that such goods or products
are kept in a neat-appearing and orderly manner on the property.
(8)
Truck deliveries or pickup of supplies or products associated with
a home occupation shall be limited to the type of vehicles and pickup/delivery
hours that are typical and customary for residential dwellings and
uses located in the neighborhood within which the home occupation
is located.
(9)
In order to ensure that a home occupation does not become a nuisance
to the surrounding properties and property owners, the Plan Commission
and Town Board may impose reasonable conditions as deemed necessary
to protect the health, safety and welfare of such properties, property
owners, and general public.
(10)
Multiple home occupations may be permitted from a single residence,
provided that the general requirements and specific performance criteria
set forth in this section can be met based on an accumulation of the
activities, characteristics, etc., of all home occupations conducted
from such dwelling.
(11)
The use of exterior signs is allowed subject to the allowances and requirements of Article VII, Signs, Canopies, Awnings and Billboards.
(12)
Owners/operators of a major home occupation shall permit reasonable
inspection of the premises by the Zoning Administrator, Plan Commission,
Town Board, or other duly authorized agent of the Town or other agency
having jurisdiction or responsibility for enforcing applicable laws,
requirements, and regulations at the time of application or after
the home occupation has commenced operation in order to determine
compliance with the requirements of this section and/or any conditions
of approving a home occupation.
(13)
All minor home occupation permits shall be deemed valid for
an indefinite period of time unless:
(14)
All major home occupation permits shall be deemed valid for
a period of three years unless:
(15)
Whenever the Plan Commission or Town Board has reasonable cause
to believe that any of the general or specific requirements and/or
performance criteria set forth in this section or any conditions imposed
as part of the home occupation have been violated, the Town shall
have the right to issue a notice of zoning code violation and pursue
appropriate remedies, including, but not limited to, imposing stricter
conditions upon the home occupation or revocation of the permit issued
for the home occupation.
(16)
The granting of a home occupation permit shall not constitute
a covenant running with the property from which such home occupation
is being conducted. A home occupation permit shall not be transferable
to another property and shall automatically and immediately terminate
and become null and void upon the sale, lease, or transfer of the
property to a party different from to whom the home occupation permit
was originally granted.
(17)
Failure to comply with the provisions of this section, including
failure to obtain a home occupation permit as provided for herein,
shall constitute a violation of this chapter and be subject to the
penalties set forth therein.
D.
Specific requirements and performance criteria.
(1)
Minor home occupations shall comply with all of the following performance
criteria:
(a)
Activities associated with a home occupation shall be conducted
entirely within a residential dwelling and/or an accessory building;
(b)
The display, storage or parking of materials, goods, supplies
or equipment outside of the dwelling or outside of an enclosed accessory
building is prohibited; and
(c)
The total number of part-time or full-time nonresident employees
working on the property at any one time shall not exceed three nonresident
employees. There is no limit on the number of resident employees.
(2)
Major home occupations shall comply with all of the following performance
criteria:
(a)
Activities associated with a home occupation shall be conducted
entirely within the residential dwelling and/or in an enclosed accessory
building or structure;
(b)
The display, storage or parking of materials, goods, supplies,
or equipment outside of the dwelling is permitted in an enclosed accessory
building, or in the side or rear yard of the subject property, provided
the yard area used for such display, storage or parking is completely
screened from view from all public streets and adjacent property through
the use of natural landscaping materials or a combination of natural
landscaping and other man-made or fabricated screening materials,
e.g., fencing, etc.; and
(c)
The number of part-time or full-time nonresident employees working
upon the premises at any given time shall not exceed 10 employees
unless specifically established as a condition of permit approval.
E.
Prohibited home occupations.
(1)
Any occupation involving the repetitive purchase and resale, exchange,
production, refinement, packaging or handling of explosives or any
hazardous materials by any person who devotes time or attention to
such items as a regular or part-time course of trade or business with
the objective of livelihood or principle means of profit is prohibited.
(2)
Any home occupation involving the on-site sale, resale, repair of
automobiles, trucks, boats, trailers, or other motorized vehicles
where the total number of all such items kept or being repaired at
any given time is more than 10.
(3)
Truck-for-hire operations with more than four trucks.
F.
Application procedures.
(1)
The Plan Commission shall determine whether a home occupation qualifies
as a minor or major home occupation at its next regularly scheduled
meeting but not later than 60 days after the date an application has
been received. In the event that the Plan Commission determines that
the home occupation for which an application has been received does
not conform to one or more of the general requirements and performances
criteria, the Plan Commission has the right to deny the application.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Copies of all major home occupation applications may be forwarded
to the appropriate Town, county, state, and federal agencies for review
and comment concerning applicable laws, regulations, and requirements
and whether or not a proposed occupation complies with such laws,
regulations, or requirements, or under what conditions compliance
can be met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G.
HOME OCCUPATION
PROFESSIONAL HOME OFFICE
Definitions. For purposes of this section, the following definitions
shall apply:
A business, occupation, profession or trade use or activity
conducted for financial gain or profit on a reoccurring basis within
or from a residential dwelling and/or accessory building by one or
more occupants residing in the dwelling where the conduct of such
use or activity is clearly incidental and subordinate to the primary
or principal use of the dwelling and property for residential purposes
and does not change the residential character or appearance of the
dwelling or accessory building.
For purposes of this section, a professional home office
shall be the same as a home occupation. See definition of "home occupation."
The following public and semipublic uses shall be conditional
uses and may be permitted as specified:
A.
Airports, airstrips, and landing fields in the M-1 Manufacturing/Industrial
District and AG-1 Agricultural District, provided the site area is
not less than 20 acres.
B.
Governmental and cultural uses, such as fire and police stations,
community centers, libraries, public emergency shelters, parks, playgrounds,
and museums, in the RC-1 Rural Cluster Residential District; the B-1
Business/Commercial Mixed-Use District; the M-1 Manufacturing/Industrial
District, and the P-1 Park District.
C.
Utilities in all districts, provided all principal structures and
uses are not less than 100 feet from any residential district lot
line. Utilities in the C-1 District shall also meet the requirements
of this chapter.
D.
Public passenger transportation terminals, such as heliports, bus
and rail depots, airstrips, and landing fields, in the B-1 Business/Commercial
Mixed-Use District and the M-1 Manufacturing/Industrial District,
provided all principal structures and uses are not less than 300 feet
from any residential district boundary.
E.
Public, parochial, and private elementary and secondary schools and
churches in the B-1 Commercial/Mixed Use District and P-1 Park District,
provided the lot area is not less than two acres and all principal
structures and uses are not less than 50 feet from any lot line.
A.
Where allowed. Mineral extraction operations are conditional uses
and may be permitted in accordance with the provisions of this article
in all districts except in the R-1 and RC-1 Residential Districts,
C-1 Conservancy District and P-1 Park District.
B.
Use restricted. Mineral extraction operations shall include the removal
of rock, slate, gravel, sand, or any other minerals from the earth
by excavating, stripping or leveling.
C.
Permits. Conditional use permits for mineral extraction operations
shall be in effect for such period of time and subject to those conditions
set forth in that permit; provided, however, such conditional use
permit shall terminate upon failure of the permit to comply with any
Town ordinance requiring annual quarrying permits.
D.
Application. Applications for a conditional use permit for a mineral
extraction operation shall be submitted to the Town Clerk and shall
be accompanied by a fee as set by the Town Board to defray the cost
of notification, holding of public hearings, administrative processing
and inspection of such applications; a detailed description of all
aspects of the proposed extraction operation; a list of equipment,
machinery and structures which may be used; the source, quantity,
and disposition of water to be used, if any; a legal description of
the proposed site; a topographic map of the site and the area abutting
the site, to the nearest public road right-of-way or a minimum distance
of 300 feet on all sides of the site drawn at a minimum vertical contour
interval of five feet and showing all existing and proposed private
access roads and the depth of all existing and proposed excavations;
and a restoration plan.
E.
Referral and public hearing. Application for conditional use permits
for mineral extraction operations shall be referred to the Plan Commission
for public hearing, and the Commission shall report back to the Town
Board with its recommendation within 60 days after the public hearing.
The Plan Commission shall conduct such public hearing within 60 days
after referral. The Plan Commission shall fix a reasonable time and
place for the hearing and publish a Class 1 notice thereof. In addition,
written notice of the public hearing shall be delivered by first-class
mail or shall be hand-delivered by courier to all owners of the property
within 1/2 mile of the proposed mineral extraction operation. Substantial
compliance with the notice requirements of this section shall be deemed
sufficient.
F.
Town Board action. The Town Board shall, within 30 days after receipt
of the recommendation from the Plan Commission, issue or deny a conditional
use permit for the proposed mineral extraction operation. The determination
shall be based upon the effect of the proposed operation on existing
roads and traffic movement in terms of adequacy, safety, and efficiency;
the effect of the proposed operation on drainage and water supply;
the possibility of soil erosion as a result of the proposed operation;
the degree and effect of dust or noise as a result of the proposed
operation; the practical possibility of restoration of the site; the
effect of the proposed operation on the natural beauty, character,
tax base, land value and land uses in the area; and particular consideration
for future residential use. Town Board determination regarding the
issuance or denial of a renewal of a conditional use permit shall
be based particularly on the evaluation of the effect of the continuance
of the use in relation to changing conditions in the area. Where renewal
is denied, the reason for denial shall be specifically outlined to
the applicant, in writing.
G.
General requirements.
(1)
No part of the mineral extraction operation shall be permitted closer
than 1,000 feet, nor shall any accessory private access road or building
be permitted closer than 500 feet to a district zoned residential
at the time of the granting of the permit, except by written consent
of the owners of all residentially zoned properties within 1,000 feet,
but in no case shall such operation be permitted closer than 200 feet
to a residential district.
(2)
No mineral extraction operation shall be permitted if 30 or more
families reside within a half mile of the proposed site.
H.
Setback/yard requirements. No part of the mineral extraction operation
shall be permitted closer than 50 feet to any property line, except
with the written consent of the owner of the adjoining property, or
where said mineral extraction operation is abutting an existing mineral
extraction operation or an industrial district, but in no case shall
such operation be closer than 20 feet to any property line except
by agreement between the owners abutting mineral extraction operations.
I.
Operational requirements.
(1)
Fencing or other suitable barrier shall be erected and maintained
around the site or around portions of the site where in the determination
of the Plan Commission such fencing or barrier is necessary for the
protection of the public, and shall be of a type approved by the Plan
Commission.
(2)
All machinery and equipment used in mineral extraction operations
shall be constructed, maintained and operated in such manner as to
minimize dust, noise and vibration. Access and haulage roads on the
site shall be maintained in a dust-free condition by surfacing or
treatment as directed by the Town Board.
(3)
The planting of trees and shrubs and other appropriate landscaping
shall be provided where deemed necessary by the Town Plan Commission
to screen the operation so far as practical from the public right-of-way,
and generally to minimize the damaging effect of the operation on
the beauty and character of the surrounding countryside. Such planting
shall be started as soon as practical, but not later than one year
after mineral extraction operations have begun.
(4)
Except in an industrial district, mineral extraction operations shall
not begin before the hour of 7:00 a.m. and shall not continue after
the hour of 6:00 p.m., and no operations shall take place on Sundays
or legal holidays.
(5)
The applicant shall route all vehicles in a manner that will not
damage Town roads. The applicant shall provide to the Town a bond
written by a licensed surety company, a certified check, or other
financial guarantee satisfactory to the Town Board in an amount sufficient
to repair damages to the Town roads caused by vehicles using the mineral
extraction operation.
J.
Restoration requirements.
(1)
In order to ensure that the area comprising the mineral extraction
operation shall be restored to a condition of practical usefulness
and reasonable physical attractiveness, the owner or operator shall,
prior to the issuance of a conditional use permit, submit to the Plan
Commission a plan for such restoration in the form of the following:
(a)
An agreement with the Town Board whereby the applicant contracts
to restore the premises within a time satisfactory to the Town.
(b)
A restoration plan showing the proposed contours after restoration,
plantings and other special features of restoration, and the method
by which such restoration is to be accomplished.
(c)
A bond written by a licensed surety company, a certified check,
or other financial guarantee satisfactory to the Town Board in an
amount sufficient to secure the performance of the restoration agreement.
(d)
Such agreement and financial guarantee shall be in a form approved
by the Town Attorney.
(2)
In the event of the applicant's failure to fulfill this agreement,
or a new owner/applicant's failure to comply, such bond, check, or
other financial guarantee shall be deemed forfeited for the purpose
of enabling the Town to perform the restoration.
(3)
At any stage during implementation of the restoration, the plan may
be modified by mutual agreement between the Town and the owner or
the operator. Restoration shall proceed as soon as practicable and
at the order and direction of the Town Plan Commission.
(4)
Where there is any backfilling, the material used or the method of
fill shall not be such as to create a health hazard nor which would
be objectionable because of odor, combustibility or unsightliness.
In any case, the finished grade of the restored area or areas of proposed
building or paving construction shall be of sufficient depth of earth
to support plant growth.
(5)
Within one year after the cessation of the mineral extraction operation,
all temporary structures (excepting fences), equipment, stockpiles,
rubble piles or heaps or other debris shall be removed or backfilled
into the excavation so as to leave the premises in a neat and orderly
condition.
(6)
In any restoration procedure which takes place in sand or gravel
pits or on other sites where the material is of a loose or friable
nature, no slope shall be left which is steeper than a ratio of three
horizontal to one vertical. In no case shall any slope exceed the
normal angle of repose of the material involved.
K.
Inspection. The Town Board may periodically conduct an inspection
of mineral extraction operations to ascertain whether or not the requirements
of this section and any previously agreed-upon conditions are being
met.
The following wetland conservancy uses shall be conditional
uses and may be permitted as specified:
A.
Road construction. The construction of roads in the C-1 Conservancy
District which are necessary for the conduct of agricultural cultivation
or to a silviculture activity, or necessary for the provision of essential
utility and public safety services, or necessary to provide access
to permitted open space uses, provided that:
(1)
The road cannot, as a practical matter, be located outside of a wetland;
and
(2)
The road is designed and constructed to minimize the adverse impact
upon the natural functions of the wetland and meets the following
standards:
(a)
The road shall be designed and constructed for the minimum cross
section practical to serve the intended use;
(b)
Road construction activities are to be carried out in the immediate
area of the roadbed only; and
(c)
Any filling, flooding, draining, dredging, ditching, tiling,
or excavating that is to be done must be necessary for the construction
or maintenance of the road.
B.
Nonresidential buildings. The construction and maintenance of nonresidential
buildings in the C-1 Conservancy District which are used solely in
conjunction with raising of waterfowl, minnows, or other wetland or
aquatic animals or used solely for some other purpose which is compatible
with wetland preservation, if such building cannot, as a practical
matter, be located outside of a wetland, provided that:
(1)
Any such building does not exceed 500 square feet in floor area and
no filling, flooding, draining, dredging, ditching, tiling, or excavating
is to be done.
C.
Recreation areas. The establishment and development of public and
private park and recreation areas, boat access sites, natural and
outdoor education areas, historic and scientific areas, wildlife refuges,
game preserves, and private wildlife habitat areas in the C-1 Conservancy
District, provided that:
(1)
Any private recreation or wildlife habitat area must be used exclusively
for that purpose;
(2)
No filling is to be done, except for limited filling necessary for
the development of boat launching sites or swimming beaches or the
construction of park buildings;
(3)
Ditching, excavating, dredging, and dike and dam construction may
be done in wildlife refuges, game preserves and private wildlife habitat
areas, but only for the purpose of improving wildlife habitat or to
otherwise enhance wetland values.
D.
Utilities. The construction and maintenance of electric, gas, telephone,
water, and sewer transmission and distribution lines, and related
facilities in the C-1 Conservancy District by public utilities and
cooperative associations organized for the purpose of producing or
furnishing heat, light, power or water to members located outside
the C-1 Conservancy District, provided that:
(1)
The transmission and distribution lines and related facilities cannot,
as a practical matter, be located outside of a wetland; and
(2)
Any filling, excavating, ditching, or draining that is to be done
must be necessary for such construction or maintenance and must be
done in a manner designed to minimize flooding and other adverse impacts
upon the natural functions of the wetlands.
E.
Railroad lines. The construction and maintenance of railroad lines
in the C-1 Conservancy District, provided that:
(1)
The railroad lines cannot, as a practical matter, be located outside
of a wetland; and
(2)
Any filling, excavating, ditching, or draining that is to be done
must be necessary for such construction or maintenance and must be
done in a manner designed to minimize flooding and other adverse impacts
upon the natural functions of the wetland.
A.
Compliance. The operation of a kennel or horse boarding facility
where allowed as a conditional use shall be in full compliance with
the terms of this chapter and any other applicable regulations. It
shall be unlawful to establish and operate a kennel or horse boarding
facility in noncompliance with the terms of this chapter and other
applicable regulations.
B.
Conditional use requirements for kennels. Except in conservancy and
park districts, the following shall apply:
(1)
Dog shelter requirements.
(a)
The following are minimum dog run size requirements as corresponding
to different-sized dogs. Sizes to be measured at the shoulders.
|
Size of Dog
|
Minimum Dog Run
(per dog)
| |
|---|---|---|
|
Small
|
4 inches to 12 inches
|
4 feet x 8 feet
|
|
Medium
|
12 inches to 18 inches
|
4 feet x 12 feet
|
|
Large
|
18 inches or larger
|
6 feet x 14 feet
|
(b)
For each additional dog over one, the dog shelter is required
to be 50% larger than the minimum size stated above. Thus, the dog
shelter size for two dogs must be 50% larger. The dog run size for
three dogs must be 100% larger (double in size).
(c)
Dog shelters must otherwise be adequate with respect to light,
ventilation, etc.
(d)
The owner must demonstrate adequate sound control, especially
during night hours and for surrounding residential uses.
(2)
Additional requirements for kennels.
(a)
There will be a limit of one dog per run in commercial kennels.
(3)
Additional requirements for private kennels.
C.
Horse boarding facility conditional use requirements.
(1)
The following are the minimum size requirements for stables corresponding
to the size of the horse:
|
Size of Horse
|
Minimum Stable Size
| |
|---|---|---|
|
Small
|
Under 13-2 hands
|
9 feet x 9 feet
|
|
Medium
|
13-2 to 15-2 hands
|
10 feet x 10 feet
|
|
Large
|
15-2 hands or over
|
12 feet x 12 feet'
|
(2)
Stables must be a box stall, lean-to or a three-sided structure.
(3)
Property owners shall present a manure disposal plan, if intending
to board more than five horses, to be approved by the Town Board.
[Added 3-10-2015 by Ord.
No. 2015-01 (Exhibit "F")]
A.
Intent. "Accessory dwelling units" (ADUs) are a second dwelling unit
located on a property that is intended to be an accessory or secondary
use of that property. Accessory dwelling units are created auxiliary
to, and smaller than, the primary dwelling on a property. Accessory
dwelling units can be created in a variety of ways, including conversion
of a portion of an existing house, addition to an existing house,
conversion of an existing garage or the construction of an entirely
new and detached building. Accessory dwelling units are also known
as "mother-in-law suites," "caregiver suites," "guest quarters" and
"granny flats."
B.
Minimum standards.
(1)
Property size. The property upon which an ADU is proposed shall not
be less than three acres in area or the minimum parcel size required
in order to accommodate the ADU and a replacement or expanded septic
system.
(2)
Size. The ADU may have no more than two bedrooms and cannot exceed
in size (gross square feet) more than 50% of the total living area
(gross square feet) of the primary dwelling or a maximum of 1,000
square feet, whichever is less.
(3)
Only one ADU will be allowed per property with an existing single-family
residence. Accessory dwelling units are not be allowed on lots containing
a duplex. A detached ADU will not be allowed on a property containing
an existing attached ADU, and an attached ADU will not be allowed
on a property containing a detached ADU.
(4)
A detached ADU shall be located in a side or rear yard of the property
and within 150 feet of the primary dwelling.
(5)
An ADU cannot be used as a rental unit or property.
(6)
Attached v. detached. The standard for attached versus detached ADUs
is as follows:
(a)
Detached buildings. To be considered a detached building, the
ADU must be located in the side or rear yard of the property and at
least 25 feet behind the primary dwelling.
(b)
Attached buildings. To be considered attached, living space
of both the primary dwelling and ADU must abut, i.e., share a common
wall, or be connected by a breezeway, garage, or other enclosed structure
constructed on a foundation where the length of the connecting structure
cannot exceed twice the width. Features such as trellises, decks,
patios, or other unenclosed structures will not be considered an attached
structure.
(7)
A detached ADU shall not be approved unless and until a legal covenant
or title notice is recorded on the property which will generally state
that the accessory dwelling located on this property may not be sold
as a separate residence until such time as the accessory dwelling
is located as the sole residence on a legally subdivided parcel. Said
covenant shall also contain whatever additional conditions or stipulations
are approved by the Town for ADUs requiring a conditional use permit.
