[Amended 12-3-2018 by Ord. No. 11-01-2018; 8-5-2019 by Ord. No. 07-02-2019]
The Village Planning Commission may authorize the issuance of
a conditional use permit for conditional uses after public hearing
and review, 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 or the value of the neighborhood or the community.
Application for a conditional use permit shall be made to the
Village Planning Commission on a form furnished by the Village Clerk,
along with the required nonrefundable fee, and shall include the following
where pertinent and necessary for proper review by the Village Planning
Commission:
B.
Plat of survey. The plat of survey and/or scaled drawing of the site
must show the following information:
(1)
Property location, boundaries, topography and dimensions, including
building pad.
(2)
Property use.
(3)
Size of existing and proposed structures and any modification to
existing structures.
(4)
Location of any easements on the subject property.
(5)
Ingress/egress points and parking lot layout.
(6)
Location and use of all structures within 100 feet of the property
boundaries, including floor elevations.
C.
A proposed "Plan of Operation" describing the proposed use(s), which
shall include measurable facts and information for consideration by
the Planning Commission, such as, but not limited to, the following:
(1)
Hours and days of operation.
(2)
Intensity of use(s): number of customers, employees, size of building(s).
(4)
Economic impacts: job creation, property valuation, tax base growth.
(5)
Vehicular and pedestrian traffic impacts.
(6)
Parking impacts: off-street and on-street.
(7)
Physical impacts: noise, vibrations, odors, air emissions, dust,
light emission.
(8)
Visual impacts: indoor use, outdoor use, view obstruction, landscaping.
E.
Quality of supporting information and applicant's burden of proof:
(1)
The applicant must demonstrate that the application and all requirements
and conditions established by the Village relating to the conditional
use are or shall be satisfied, both of which must be supported by
substantial evidence.
(2)
"Substantial evidence" means facts and information, other than merely
personal preferences or speculation, directly pertaining to the requirements
and conditions an applicant must meet to obtain a conditional use
permit and that reasonable persons would accept in support of a conclusion.
F.
Preapplication consultation. A consultation with the Village Zoning
Administrator prior to or during the preparation of an application
for a conditional use permit is recommended.
G.
Payment of Village costs incurred. Any costs incurred by the Village related to the review of the application and the preparation of conditions shall be paid for by the applicant in accord with §§ 51-16 and 51-17 of the Village Code. Such costs may be for legal, engineering, planning or other technical or professional services rendered in conjunction with the application.
The Village Planning Commission shall hold a public hearing
on a conditional use permit application, giving notice of the time,
place, and the proposed use by publication of a Class 2 notice, under
Ch. 985, Wis. Stats.
Following a public hearing, the Village Planning Commission
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.
A.
Evaluation. The Planning Commission shall evaluate the effect of
the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
Existing topography, drainage, and vegetative cover.
(3)
The compatibility of the use with other uses on adjacent properties.
(4)
Existing and proposed vehicular and pedestrian traffic generation
and circulation.
(5)
The adequacy of existing and proposed parking areas and driveway
locations.
(6)
The adequacy of existing and proposed public utilities and other
public services.
(7)
The compatibility of the use with the Village's Comprehensive Plan.
(8)
The suitability of the subject site for the type and density or intensity
of the proposed use(s).
(9)
The creation of noise, traffic, odors or other conditions that may
be detrimental to the public.
B.
Approval conditions.
(1)
Conditions such as landscaping, architectural design, type of construction,
floodproofing, anchoring of structures, construction commencement
and completion dates, sureties, lighting, fencing, planting screens,
operational control, hours of operations, improved traffic circulation,
deed restrictions, highway access restrictions, increased yards or
parking requirements may be required by the Village Planning Commission
upon its finding that these are necessary to fulfill the purpose and
intent of this chapter.
(2)
Any condition imposed must be related to the purpose of this article
and be based on substantial evidence.
(3)
The requirements and conditions must be reasonable and, to the extent
practicable, measurable and may include conditions such as the permit's
duration, transfer or renewal.
C.
Compliance with Zoning Code. Compliance with all other provisions
of this chapter, such as lot width and area, yards, height, parking,
loading, traffic, highway access, landscaping and lighting shall be
required for all conditional uses.
D.
Action. The Commission may take final action on the application at
the time of the public hearing or may continue the proceedings at
its discretion or at the applicant's request. The Commission may approve
the conditional use as originally proposed, may approve the proposed
conditional use with modifications, or may deny approval of the proposed
conditional use. The requirements and conditions described must be
reasonable and, to the extent practicable, measurable and may include
conditions such as the permit's duration, transfer or renewal. The
Commission's approval of the proposed conditional use shall be considered
the approval of a unique request, and shall not be construed as precedent
for any other proposed conditional use.
E.
Revocation. A conditional use permit shall remain in effect, provided
that the conditions of the permit are continued in the manner specified
by the permit or until the expiration of the permit as provided by
its terms. In the event the permit holder fails to comply with the
conditions specified in the permit, the same may be revoked by the
Zoning Administrator upon 10 days' notice to the permit holder. The
permit holder shall be entitled to a hearing before the Village Planning
Commission on the questions of revocation of the conditional use permit
and approval of the Village Planning Commission shall be required
for the reinstatement of any conditional use permit.
F.
Conditional use permits issued prior to August 5, 2019. Any conditional
use permits issued prior to the requirements established in this section
on its adoption date shall be considered as a conforming conditional
use. Any proposed change or amendment to such an existing conditional
use permit shall be processed in accord with the procedures and requirements
in this section as if it was being newly established.
[Added 8-5-2019 by Ord.
No. 07-02-2019]
A.
Salvage yards.
(1)
Each application shall be accompanied by a fee as set by the
Village Board, and in addition thereto, the applicant shall pay the
reasonable cost of a review of the operational and restoration plans
by the Village.
(2)
The applications shall be accompanied by a detailed description
of the proposed method of operation, the manner in which materials
will be stored, the equipment proposed to be used, the method of disposition
of the end products, the manner in which adjoining property owners
will be protected, the hours of operation, the Village streets proposed
to be used, the gross weight of equipment to be used in the hauling
in and out of any of the product, and similar information as the Planning
Commission may require.
(3)
The application for the operation of a salvage yard under this
section shall be accompanied by a proposed restoration plan and illustrative
drawing showing the manner in which the site will be restored.
(4)
Any permit issued under this section shall be subject to revocation
if all or any necessary state licenses or permits have been withdrawn
or revoked.
(5)
No permit shall be issued until the applicant furnishes a performance
bond in such amount and on such conditions as shall be fixed by the
Village Planning Commission.
(6)
Any nonconforming salvage use which had a State of Wisconsin
salvage license prior to June 7, 1983, shall immediately apply to
the Village Planning Commission for a use and occupancy permit. The
Planning Commission shall require a plan of operation, final restoration
plan, intermediate restoration plans as deemed necessary, and may
impose such restrictions upon the use of such site or structure as
may be reasonable and not unduly burdensome or onerous under the particular
circumstances that may be required.
B.
Cellular and digital communication antennas and towers.
(1)
The developer shall prepare a plan showing the number and potential
location of all antenna sites needed in the Village to complete the
communication network.
(2)
All antennas shall be constructed on existing structures, such
as but not limited to water towers, public buildings, existing utility
towers, or other communication towers.
(3)
If it is determined by the Planning Commission that such antennas
cannot be co-located on existing structures, freestanding tower structures
may be permitted, but such structures shall be designed to support
the proposed antennas and three additional sets of communication antennas.
The developer shall agree, in writing, to make the structure available
for co-location of similar communication equipment operated by other
companies at a reasonable return.
(4)
The developer may be required to post a bond or cash deposit
to assure maintenance of communication equipment and its supporting
structures; and to assure that if such facilities are abandoned, sufficient
resources are available for the Village to remove such equipment and
structures.
(5)
Minimum setback requirements. There shall be a setback of a
sufficient radius around the antenna structure (as measured from the
extremities of the antenna base) equal to the antenna tower height
so that its collapse will be contained on the property, except when
the applicant provides evidence from a Wisconsin-registered structural
professional engineer which allows for reduced setback requirements.
(6)
Any storage/equipment building associated with a cellular tower
shall meet the setback requirements for principal buildings in the
district in which it is located. A storage building shall not be classified
as an accessory use or building.
(7)
New or modified towers shall be certified by a registered engineer
to be in accordance with structural standards for antennas by the
Electronics Industries Association.
(8)
Abandoned or unused towers or portion of towers shall be removed
within 18 months of the cessation of operations at the site. In the
event that a tower is not removed within 18 months of cessation of
operations at a site, the tower may be removed by the Village and
the costs of removal assessed against the property. The replacement
of portions of a tower previously removed requires the issuance of
a new conditional use permit.
(9)
Tower appearance and illumination.
(a)
For towers not regulated by the Wisconsin Bureau of Aeronautics
or the Federal Aviation Administration, a surface paint or finish
shall be used that reduces the visibility of the tower.
(b)
Towers shall not be illuminated except as required by the Wisconsin
Bureau of Aeronautics or the Federal Aviation Administration. When
incorporated into the approved design of the tower, light fixtures
used to illuminate ball fields, parking lots, or similar areas may
be attached to the tower. However, such lights shall be directional
and shall not produce glare into residential areas.
(10)
The use of any portion of a tower for signs other than warning
or equipment information is prohibited.
(11)
No new or existing telecommunications service shall interfere
with public safety telecommunications. All applications for new service
shall be accompanied by an intermodulation study which provides a
technical evaluation of existing and proposed transmissions and indicates
all potential interference problems. Before the introduction of a
new service or changes in existing service, telecommunication providers
shall notify the Village at least 10 calendar days in advance of such
changes and allow the Village to monitor interference levels during
the testing process.
(12)
Any newly constructed communication towers shall require building/site landscaping in accordance with § 550-90 of this chapter, and perimeter landscaping in accordance with the following:
(a)
For towers 200 feet in height or less, a buffer area no less
than 25 feet wide shall commence at the property line. At least one
row of evergreen shrubs shall be spaced not more than five feet apart.
Shrubs should be of a variety which can be expected to grow to form
a continuous hedge at least five feet in height within two years of
planting. At least one row of evergreen trees or shrubs, not less
than four feet in height at the time of planting, and spaced not more
than 15 feet apart, shall also be planted. Trees and shrubs in the
vicinity of guy wires shall be of a type that would not exceed 20
feet in mature height or would not affect the stability of the guys
should they be uprooted, and shall not obscure the visibility of the
guy anchor from the transmission building or security facilities and
staff.
(b)
For towers more than 200 feet, the provisions included in Subsection B(12)(a) above shall be followed, including the extension of the buffer area to 40 feet with an additional row of deciduous trees not less than 2 1/2 inches caliper measured three feet from the ground at the time of planting, and spaced not more than 25 feet apart.
(c)
Native vegetation on the site shall be preserved to the greatest
practical extent. The site plan shall show any existing native vegetation
to be removed and shall indicate the type and location of native vegetation
to be replanted.
(13)
A minimum of two parking spaces shall be provided on each site.
Sites with personnel routinely in attendance shall be required to
install additional parking spaces based on the number of personnel
routinely on-site.
C.
Self-storage and mini-warehouse facilities located in the Village
of Slinger and lawfully approved and or existing at the time of adoption
of this subsection, or annexed into the Village of Slinger after the
date of adoption of this subsection, shall be considered conditional
uses.
[Amended 4-17-2023 by Ord. No. 04-02-2023]
D.
Outdoor sale and/or consumption of alcoholic beverages. The outdoor
sale and/or consumption of alcoholic beverages in circumstances where
a license is required under Ch. 125, Wis. Stats., may be allowed as
a conditional use as specified within the regulations of the zoning
district. Any such conditional use may be reviewed annually. Additionally,
such conditional use may be reviewed by the Planning Commission at
any time upon complaint or upon Planning Commission initiative. The
Planning Commission shall have the right to amend or further restrict
the use, after providing notice and an opportunity to be heard to
the conditional use holder.
