(Series 1 to 16 in Land Use Matrix)
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Series 1. Agricultural Uses
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A.
Generally. Such use shall not be located in, or adjacent to, an existing
or platted residential subdivision. If such use is established prior
to March 31, 2013, the adjoining lands may be platted for residential
subdivisions after that date.
B.
Long-term use. This use shall be located in an area that is planned
to remain commercially viable for agricultural land uses over the
long term.
C.
Setbacks. All buildings, structures, and outdoor storage areas shall
be located at least 100 feet from all side and rear property boundary
lines.
A.
Legislative findings. The Village Board of Trustees makes the following
legislative findings regarding large-scale animal agriculture:
(1)
The State Legislature adopted § 93.90, Wis. Stats.,
(Livestock Facility Siting Law) to govern livestock facilities, which
is implemented by administrative rule under Ch. ATCP 51, Wis. Adm.
Code.
(2)
The Livestock Facility Siting Law allows local jurisdictions
to review livestock facilities with 500 animal units or more as a
conditional use.
B.
Standards for livestock facilities with fewer than 500 animal units.
There are no special standards that apply to general agriculture with
fewer than 500 animal units.
C.
Standards for livestock facilities with 500 animal units or more.
A livestock facility with 500 animal units or more shall comply with
the following requirements:
(1)
Minimum lot area. The facility shall only occur on a parcel
of land that is 40 acres or larger. Once this use is established,
the parcel shall not be made smaller through a property boundary line
relocation or other means, except as may be approved by the Planning
Commission.
(2)
Road access. Primary access to this use shall occur off of a
road classified as a county trunk highway or state highway, unless
otherwise prohibited.
(3)
Location of livestock structures. A livestock structure approved
after March 31, 2013, except for livestock waste storage structures,
shall be located at least 100 feet from a public road right-of-way
and 150 feet from a property boundary line, other than for a public
road right-of-way.
(4)
Location of livestock waste storage structures. A livestock
waste storage structure approved after March 31, 2013, shall be located
at least 350 feet from a property boundary. If any portion of an existing
structure is closer than 350 feet to a property boundary line, such
structure may be expanded, provided the expansion is not located any
closer to the property boundary line than the existing structure.
A single new livestock waste storage structure may be constructed
closer than 350 feet if such structure is located on the same tax
parcel as a livestock waste storage structure in existence before
May 1, 2006, is not larger than the existing structure, is no further
than 50 feet from the existing structure, and is no closer to the
property boundary line than the existing structure. An existing structure
that does not meet the setback standards in this subsection may be
expanded, provided such expansion is not located any closer to the
property boundary line than the existing structure.
(5)
Wells. All water wells located within a livestock facility shall
comply with Chs. NR 811 and 812, Wis. Adm. Code. New or substantially
altered livestock structures shall be separated from existing wells
by the distances required in Chs. NR 811 and 812, Wis. Adm. Code,
regardless of whether the livestock facility operator owns the land
on which the wells are located. A livestock structure in existence
on May 1, 2006, may be altered as long as the alteration does not
reduce the distance between the livestock structure and an existing
well.
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Series 2. Resource-Based Uses
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A.
State and federal compliance. A dam constructed after March 31, 2013,
shall comply with all state and federal rules and regulations.
B.
Removal. A dam may be removed, provided the standards and requirements
of Ch. 31, Wis. Stats., are met.
C.
Safety. The owner of the dam shall comply with the safety measures
required in § NR 333.07(3), Wis. Adm. Code.
D.
Unsafe conditions. If the Zoning Administrator determines that a
dam is unsafe or otherwise defective, the Administrator shall follow
the procedure outlined in Article 6 of this chapter relating to unsafe
conditions.
E.
Termination of use. If the Zoning Administrator determines that a
dam has not been operational for a continuous period of 12 months,
the Administrator shall follow the procedure outlined in Article 6
of this chapter relating to the termination of an approval.
A.
Removal of trees and shrubs within a buffer yard. Trees and shrubs
within a required buffer yard shall not be removed, except as follows:
(1)
A dead or dying tree or shrub may be removed.
(2)
An invasive tree or shrub may be removed. If a tree or shrub
is removed and the tree or shrub is counted towards meeting a landscaping
requirement contained in this chapter, a new plant shall be planted
in the buffer yard to compensate for the loss.
B.
Removal of a tree or shrub within a defined open space area. Trees
and shrubs within an area set aside as open space shall not be removed
except as follows:
(1)
A dead or dying tree or shrub may be removed.
(2)
An invasive tree or shrub may be removed.
(3)
The removal of trees and shrubs is done consistent with a landscape
management plan as prepared by a registered landscape architect, an
arborist, or a forester and as approved by the Zoning Administrator.
No special standards apply to hunting preserves.
The land application of sewage sludge shall comply with § 283.82,
Wis. Stats., Ch. NR 204, Wis. Adm. Code, and other applicable rules
and regulations administered by the Wisconsin Department of Natural
Resources.
No special standards apply to wildlife parks.
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Series 3. Residential Uses
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No special standards apply to mixed-use housing.
A.
Minimum size. The minimum size of a manufactured/mobile home park
established after March 31, 2013, shall be 20 acres.
B.
Uses. A recreational vehicle shall not be used for dwelling purposes.
The following are permitted uses:
(1)
One mobile home or manufactured home per designated space;
(2)
One single-family dwelling for the park operator or caretaker;
(3)
One or more community safe rooms;
(4)
Service buildings, such as administrative offices, laundromats,
and recreational buildings, provided that such uses are subordinate
to the residential character of the park and are intended for use
primarily by park residents;
(5)
Accessory structures, such as storage sheds, porches, garages,
and carports, as may be approved by the park operator, provided minimum
setback requirements to the perimeter are maintained; and
(6)
One or more play areas for children.
C.
Density. The maximum density shall be eight spaces per gross acre.
D.
Park access. The entrance to the manufactured/mobile home park shall
be designed to minimize congestion and hazards and allow free movement
of traffic on adjacent roads. Each access to the development shall
be off of a road classified as a minor arterial, major collector,
or minor collector as depicted on the Zoning Map or a supplemental
map.
E.
Interior access. Access to each manufactured/mobile home space shall
be off of a paved private street internal to the project.
F.
Walkways. Pedestrian walkways shall be provided in the area around
service buildings, along major streets, and in other locations of
anticipated heavy foot traffic. Walkways shall be at least four feet
wide and hard surfaced. In addition, each manufactured/mobile home
stand shall be provided with a walkway from the stand to the street
or parking space.
G.
Manufactured/mobile home space. An individual manufactured/mobile
home space shall contain at least 3,000 square feet and shall have
a minimum width, at the narrowest point, of 45 feet. The limits of
each manufactured/mobile home space shall be clearly marked on the
ground. Considering the orientation of principal windows in manufactured/mobile
homes, manufactured/mobile home spaces should be arranged diagonally
to the street (30° from perpendicular).
H.
Identification of manufactured/mobile home spaces. Each manufactured/mobile
home shall be clearly identified in a uniform manner with a unique
number or other approved designation for fire and police services.
Such number or other approved designation shall be filed with the
appropriate authorities by the licensee.
I.
Manufactured/mobile home pad. Within each designated manufactured/mobile
home space, a manufactured/mobile home pad with minimum dimensions
of 17 feet by 70 feet shall be provided for the placement of the manufactured/mobile
home. The pad shall be hard surfaced with asphalt, concrete, or similar
material and provide adequate drainage and support against settling
and frost heave. It shall be equipped with tie-downs and anchors to
secure the manufactured/mobile home against winds.
J.
Required separation between manufactured/mobile homes. Manufactured/mobile
homes shall be separated from each other and from other buildings
and structures by at least 10 feet. An accessory structure such as
an awning, cabana, storage cabinet, carport, windbreak, or porch attached
to the manufactured/mobile home shall, for purposes of separation
requirements, be considered a part of the manufactured/mobile home.
The basic unit shall not occupy in excess of 1/4 of the area of the
lot and the complete unit including all accessory structures shall
not occupy more than 1/2 of the area of the lot.
K.
Setback and buffer strips. Each manufactured/mobile home shall be
located at least five feet from any manufactured/mobile home lot line.
There shall be a minimum setback of the manufactured/mobile home of
20 feet from the front or main street side of the lot and of at least
10 feet from the rear of the lot. All manufactured/mobile homes shall
be located at least 25 feet from the perimeter of the site. Accessory
buildings shall be located at least 10 feet from the perimeter of
the site.
L.
Drainage and landscaping. The ground surface shall be graded and
equipped to drain all surface water in a safe, efficient manner away
from the manufactured/mobile home pad. Except for the manufactured/mobile
home pad and other hard-surfaced areas, manufactured/mobile home spaces
shall be sodded or seeded or otherwise landscaped.
M.
Skirting. Each manufactured/mobile home shall be skirted within 30
days of placement on the pad.
N.
Mail delivery. An off-street area for central mail delivery shall
be provided.
O.
Solid waste collection. If the solid waste service provider does
not provide individual pickup, a dumpster enclosure of sufficient
size shall be provided.
P.
Common storage area for residents. An open, well-drained, dust-free
storage area for the parking of boats, trailers, and outside vehicles
owned by those living in the manufactured/mobile home park shall be
provided. The minimum size of such area shall be 100 square feet per
manufactured/mobile home space. The storage area shall be fenced to
prevent access from outside the park.
Q.
Recreation area. A manufactured/mobile home park shall contain a
recreation area consisting of 1/2 acre for each 100 manufactured/mobile
home spaces. The minimum area in a park shall be 0.2 acre. Such area
shall be located in a central area of the manufactured/mobile home
park.
R.
Utilities. Utilities, including electrical, television, and telephone
services, shall be placed underground.
S.
Lighting. Streetlights shall be provided in sufficient number and
intensity to permit the safe movement of vehicles and pedestrians
at night and shall be effectively related to buildings, trees, walks,
steps, and ramps.
T.
Fire hydrants. Fire hydrants shall be installed as required by the
fire department serving the subject property.
U.
Sanitation. All appropriate state, county, and county sanitation
regulations shall be strictly observed.
V.
Continuing maintenance. The owner of the manufactured/mobile home
park shall maintain the park in a clean and sanitary manner and may
adopt and enforce community rules.
W.
Community safe room. A new manufactured/mobile home park that contains
20 or more manufactured/mobile home spaces and existing manufactured/mobile
home parks that expand the number of spaces to 20 or more spaces shall
provide and maintain an on-site community safe room for the use of
park residents during wind-related storm events. The shelter shall
meet applicable building codes and shall comply with the design and
construction guidance as contained in Design and Construction Guidance
for Community Safe Rooms (FEMA 361, second edition), or later edition,
as published by the Federal Emergency Management Agency, U.S. Department
of Homeland Security.
X.
Local license. Prior to the establishment of a manufactured/mobile home park, the operator shall obtain a license from the Village of Fox Crossing pursuant to Chapter 276, Mobile Homes and Mobile Home Parks, of the Village Code and maintain such license for the life of the use or until the Village no longer requires such license.
A.
Number of principal buildings per parcel. More than one multifamily
building with two dwelling units may be located on a parcel of land,
provided the district standards are maintained.
A.
Number of principal buildings per parcel. More than one multifamily
building with three or more dwelling units may be located on a parcel
of land, provided the district standards are maintained.
B.
Design and construction. A multifamily building with three or more
dwelling units shall meet the design and construction standards set
forth in the Wisconsin Commercial Building Code and the International
Building Code.
A.
Number of principal dwellings per parcel. No more than one principal
residential building shall occupy any single parcel of land.
B.
Occupancy. A dwelling unit shall be occupied by no more than one
family.
C.
Design and construction. A single-family dwelling shall meet the
following standards:
(1)
Suitable roof coverings include clay or ceramic tiles, wood
shingles or shakes, metal, or fiberglass or asphalt shingles.
(2)
Exterior wall surfaces shall be covered with stucco, wood siding,
cement-fiber siding, vinyl siding, metal horizontal lap siding, wood
shingles, or a masonry veneer.
(3)
An overhang shall extend at least 12 inches beyond the face
of the exterior wall.
(4)
The building shall be set on and anchored to a continuous permanent
foundation that extends around its perimeter.
A.
Lot area. No more than 70% of the lot area shall be occupied by a
building.
B.
Utility service. Each dwelling unit shall have independent service
connections to all utilities, including water, sewer, and electricity.
C.
Subsequent divisions. Individual townhouses shall not be further
subdivided.
D.
Driveways. When more than one garage is located in the front of a
townhouse, a common driveway shall be used whenever possible.
E.
Vertical offsets. When a building includes five or more dwelling
units, there shall be a vertical offset of at least two feet between
each adjoining dwelling unit.
F.
Accessory buildings. The floor area of accessory buildings, excluding
garages and carports, shall not exceed 120 cumulative square feet.
G.
Front entrances. The front entrance to each dwelling unit shall be
clearly visible from the street on which it fronts and accentuated
by a porch or other architectural feature.
A.
Fire separation. Each dwelling unit of a twin home shall be separated
from the abutting unit by a minimum fire separation complying with
§ SPS 321.08, Wis. Adm. Code.
B.
General layout. The common wall between dwelling units in a twin
home shall be approximately perpendicular to the front lot line.
C.
Water service. Dwelling units in a twin home shall have a separate
water service with separate curb stops, lines, and meters.
D.
Gas and electric service. Dwelling units in a twin home shall have
separate gas and electric meters.
E.
Sanitary sewer service. Dwelling units in a twin home shall have
separate sanitary sewer service laterals and lines, subject to including
a provision in a joint access and maintenance agreement that addresses
emergency access to, and the responsibility for, sanitary sewer building
blockage.
F.
Written agreement required. Dwelling units in a twin home shall be
subject to a joint cross access and maintenance agreement as approved
by the Zoning Administrator. Such agreement shall be recorded with
each lot in the office of the Register of Deeds for Winnebago County.
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Series 4. Special Care Facilities
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An adult family home described in § 50.01(l)(b), Wis.
Stats., shall not be established within 2,500 feet of another such
facility or any community living arrangement. An agent of a proposed
adult family home may apply for an exception to this requirement,
and the Village Board at its discretion may grant the exception. An
adult family home certified under § 50.032(1m)(b), Wis.
Stats., is exempt from this provision.
A community living arrangement shall not be established within
2,500 feet of another such facility. An agent of a facility may apply
for an exception to this requirement, and the Village Board at its
discretion may grant the exception. Two community living arrangements
may be adjacent if allowed by the Village Board and if both facilities
comprise essential components of a single program. A foster home and
a foster treatment home that is the primary domicile of a foster parent
or foster treatment parent and that is licensed under § 48.62,
Wis. Stats., are exempt from this provision.
A.
Proximity to other such facility. A foster home or treatment foster
home that is operated by a corporation, a child welfare agency, a
religious association, as defined in § 157.061(15), Wis.
Stats., an association, or a public agency shall not be established
within 2,500 feet of another such facility. An agent may apply for
an exception to this requirement, and the Village Board at its discretion
may grant the exception.
B.
State license. Prior to the establishment of a foster home or treatment
foster home, the operator shall obtain a license from the state as
provided for in § 48.75, Wis. Stats., and maintain such
license for the life of the use or until the state no longer requires
such license.
An outdoor activity area associated with a group day-care center
shall not be located within 20 feet of an adjoining property in a
residential zoning district.
Prior to the establishment of a hospice care center, the operator
shall obtain a license from the state as provided for in § 50.92,
Wis. Stats., and maintain such license for the life of the use or
until the state no longer requires such license.
A.
Required green space. A minimum of 30% of the gross site area shall
be green space.
B.
Parking lot screening. When an off-street parking lot is located
within 20 feet of a property in a residential zoning district, landscaping,
fencing, a berm, or any combination thereof shall be used to effectively
screen the parking area from the residential property.
C.
Setbacks. Principal buildings shall be located at least 35 feet from
a property in a residential zoning district.
A.
Required green space. A minimum of 30% of the gross site area shall
be green space.
B.
Parking lot screening. When an off-street parking lot is located
within 20 feet of a property in a residential zoning district, landscaping,
fencing, a berm, or any combination thereof shall be used to effectively
screen the parking area from the residential property.
C.
Setbacks. Principal buildings shall be located at least 35 feet from
a property in a residential zoning district.
No special standards apply to temporary shelters.
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Series 5. Group Accommodations
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The property owner or a property manager shall reside on the
premises.
A.
Generally. In addition to the other applicable design and improvement
requirements contained in this chapter, a campground shall comply
with the provisions of this section and applicable state law.
B.
Minimum lot area. The minimum lot area for a campground is five acres.
C.
Continuing maintenance. The owner of the campground shall maintain
the campground in a clean and sanitary manner.
D.
Accessory facilities. Accessory facilities (e.g., laundry and food
sales) may be allowed as a service to the occupants of the campground
but shall be designed, operated, and located to inhibit use by non-occupants.
E.
Density. The density shall not exceed 25 campground spaces per acre
(gross).
F.
Recreation area. At least 8% of the gross site area or 2,500 square
feet, whichever is greater, shall be dedicated for on-site recreational
purposes and shall be easily accessible from all camping spaces.
G.
Access. Campground spaces shall be arranged to permit the safe and
practical placement and removal of vehicles from a private roadway
internal to the development.
H.
Setbacks from property boundary line. A campground space shall be
no closer than 40 feet to the perimeter property boundary line of
the site.
I.
Solid waste collection. An off-street area for the collection of
solid waste shall be provided within a campground.
J.
Limitation on addition of features. Storage sheds, decks, patios,
and similar structures, whether permanent or temporary, shall not
be permitted within a camping space. Structural additions to a recreational
vehicle, whether permanent or temporary, shall not be permitted.
K.
State license. Prior to the establishment of a campground, the operator
shall obtain a license from the Wisconsin Department of Agriculture,
Trade and Consumer Protection as required by state law and maintain
such license for the life of the use or until the state no longer
requires such license.
L.
Local license. Prior to the establishment of a campground, the operator
shall obtain a license from the Winnebago County Health Department
and maintain such license for the life of the use or until the Department
no longer requires such license.
A.
Generally. In addition to the other applicable design and improvement
requirements contained in this chapter, a group recreation camp shall
comply with the provisions of this section and applicable state law.
B.
Minimum lot area. The minimum lot area for a group recreation camp
is five acres.
C.
Continuing maintenance. The owner of the group recreation camp shall
maintain the group camp in a clean and sanitary manner.
D.
Accessory facilities. Accessory facilities (e.g., laundry and food
sales) may be allowed as a service to the occupants of the group recreation
camp but they shall be designed, operated, and located to inhibit
use by non-occupants.
E.
Density. If campground spaces are provided, the density shall not
exceed 25 campground spaces per acre (gross).
F.
Access. If campground spaces are provided, they shall be arranged
to permit the safe and practical placement and removal of vehicles
from a private roadway internal to the development.
G.
Setbacks from property boundary line. If campground spaces are provided,
they shall be no closer than 40 feet to the perimeter property boundary
line of the site.
H.
Solid waste collection. An off-street area for the collection of
solid waste shall be provided within a group recreation camp.
I.
Limitation on addition of features. Storage sheds, decks, patios,
and similar structures, whether permanent or temporary, shall not
be permitted within a camping space. Structural additions to a recreational
vehicle, whether permanent or temporary, shall not be permitted.
J.
State license. Prior to the establishment of a group recreation camp,
the operator shall obtain a license from the Wisconsin Department
of Agriculture, Trade and Consumer Protection as required by state
law and maintain such license for the life of the use or until the
state no longer requires such license.
K.
Local license. Prior to the establishment of a group recreation camp,
the operator shall obtain a license from the Winnebago County Health
Department if so required and maintain such license for the life of
the use or until the Department no longer requires such license.
No special standards apply to a migrant labor camp.
A.
Local license. Prior to the establishment of the use, a hotel/motel license shall be obtained from the Village Clerk per Chapter 232 of the Fox Crossing Municipal Code.
B.
Health Department license. Prior to the establishment of the use,
the operator shall obtain a license from the Winnebago County Health
Department and maintain such license for the life of the use or until
the Department no longer requires such license.
C.
Location of customer entrance. No customer entrance to the building
shall be located within 100 feet of a property in a residential zoning
district.
D.
Length of stay. No guest may stay longer than 60 days within any
six-month period.
A.
Minimum lot area. The minimum lot area for a resort is five acres.
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Series 6. Food and Beverage Sales
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A.
Local license. Prior to the establishment of a brewpub, the operator
shall obtain a license from the Village, as may be required, and maintain
such license for the life of the use or until the Village no longer
requires such license.
B.
State license. Prior to the establishment of a brewpub, the operator
shall obtain a license from the state, as may be required, and maintain
such license for the life of the use or until the state no longer
requires such license.
C.
Limitation on floor area devoted to production. No more than 40%
of the floor area shall be devoted to the production of fermented
malt beverages, including storage of raw materials and finished products.
D.
Limitation on production. Not more than 10,000 barrels (310,000 gallons)
of fermented malt beverages may be manufactured in a calendar year.
Prior to the establishment of a restaurant, the operator shall
obtain a license from the Winnebago County Health Department and maintain
such license for the life of the use or until the Department no longer
requires such license.
A.
Local license. Prior to the establishment of a tavern, the operator
shall obtain a license from the Village in which the use is located
and maintain such license for the life of the use or until the license
is no longer required.
B.
Compliance with state requirements. A tavern shall comply with requirements
as may be adopted by the State of Wisconsin.
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Series 7. Vehicle Rental, Sales, and Service
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Outdoor display areas and other activity areas shall be located
at least 50 feet from a property in a residential zoning district
and 25 feet from a property in a commercial or mixed-use zoning district.
A.
Minimum lot area and location. A truck stop established after March
31, 2013, shall be located on a parcel containing at least 10 acres
that is located within 2,000 feet of a U.S. highway or a state highway.
B.
Access. Each access to the parcel with a truck stop shall be off
of a road classified as an arterial or a higher classification as
depicted on the Zoning Map or a supplemental map.
C.
Rest room facilities. If a truck stop provides rest room facilities,
the door to each rest room shall be accessed from within the interior
of the building in which they are located.
D.
Pump island canopies. Pump island canopies shall not exceed 22 feet
in height.
E.
Special setbacks. The following setbacks shall apply to a vehicle
fuel station:
F.
Location of parking areas. Areas designated or used for truck parking
and other similar activity areas shall be designed and located so
that noise levels at the property boundary line of a property in a
residential zoning district do not exceed 60 decibels as measured
on a dB(A) scale between the hours of 10:00 p.m. and 7:00 a.m.
A.
Rest room facilities. If a vehicle fuel station provides rest room
facilities, the door to each rest room shall be accessed from within
the interior of the building in which they are located.
B.
Pump island canopies. Pump island canopies shall not exceed 22 feet
in height.
C.
Special setbacks. The following setbacks shall apply to a vehicle
fuel station:
A.
Work area. Motor vehicles shall be not serviced or repaired outside
of the principal structure intended for such use, except when located
in an industrial zoning district.
B.
Vehicle storage. When a vehicle repair shop is located in a commercial
zoning district, no more than 10 motor vehicles shall be stored out
of doors overnight. When located in an industrial zoning district,
there is no limitation on the number of motor vehicles that can be
stored out of doors overnight. Storage of unlicensed vehicles is prohibited.
A.
Show room. An indoor vehicle display area shall be provided that
is at least 12 feet by 20 feet. If only motorcycles are sold, the
indoor vehicle display area shall be large enough to display at least
three motorcycles.
B.
State license. Prior to the establishment of this use, the operator
shall obtain a license from the state as required by state law and
maintain such license for the life of the use or until the state no
longer requires such license.
C.
Setback for display area. Display areas and other activity areas
shall be located at least 30 feet from a property in a residential
zoning district and 10 feet from a property in a commercial or mixed-use
zoning district.
No special standards apply to vehicle service shops.
A.
Buffer yard. In addition to the buffer yard requirements in Article
8 of this chapter, the reviewing authority may, as part of the site
plan review process, require additional buffer yard requirements deemed
necessary to provide adequate screening between this use and adjoining
properties.
B.
Setback requirements. Outdoor storage areas and other activity areas
shall be located at least 40 feet from a property in a residential
zoning district and 20 feet from a property in a commercial or mixed-use
zoning district.
C.
Fence. A six-foot solid fence, subject to approval by the reviewing
authority, shall be located around the perimeter of the area used
to store the motor vehicles.
D.
Fence plan. As part of the site plan review application, the applicant
shall submit a fence plan which specifies construction materials and
specifications.
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Series 8. General Sales
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No special standards apply to convenience retail sales.
No special standards apply to general retail sales.
A.
Legislative findings. The Village Board of Trustees makes the following
legislative finding relating to large-format retail sales: abandoned
buildings are a blighting influence on the community and large vacant
stores are especially detrimental.
B.
Purpose. The provisions of this section are intended to prevent urban
blight due to large vacant stores.
C.
Development agreement. Prior to issuance of a building permit for
a large-format retail store, the property owner shall enter into a
development agreement with the Village, to run with the land, that
includes all of the following:
(1)
A provision that prevents the owner from prohibiting or otherwise
limiting, through contract or other legal device, the reuse of the
building for retail or other legitimate purpose.
(2)
A provision requiring long-term maintenance of the property
including landscaping if the building is vacated.
(3)
A provision requiring the preparation of an adaptive reuse plan
or a demolition plan by the property owner acceptable to the Village
Board within 12 months of vacation.
(4)
A provision stating that the property owner, within 24 months
of vacation, shall either begin demolishing the building and restoring
the site consistent with the approved demolition plan and continue
in good faith to completion or begin implementing the approved adaptive
reuse plan and continue in good faith to completion.
(5)
Other provisions deemed necessary by the Village Board to address
the particular circumstances related to the project.
D.
Vacation of existing buildings. When a large-format store is proposed
as a replacement for another retail store already located in the Village,
the applicant shall not prohibit or otherwise limit, through contract
or other legal device, the reuse of its former building.
Items offered for sale shall not be located within the setbacks
established for the zoning district in which the use is located.
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Series 9. General Services
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No special standards apply to administrative services.
A.
Legislative findings. The Village Board of Trustees makes the following
legislative findings regarding adult-oriented establishments:
(1)
The Village Board of Trustees has become aware, based upon its
own observations, studies and experiences, as well as testimony before
the Board by legal counsel for the Village, and also the experiences
of other communities, that adult-oriented establishments may and do
generate deleterious secondary adverse effects which the governing
body believes are detrimental to the public health, safety, welfare
and morals of Fox Crossing.
(2)
Specifically, the Village Board has reviewed evidence concerning
adverse secondary effects on other communities found in, but not limited
to, the cases of Ben's Bar, Inc. v. Village of Somerset, 316 F3d 702
(2003); City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986);
Barnes v. Glen Theater, Inc., 501 U.S. 560 (1991); Arcara v. Cloud
Books, Inc., 478 U.S. 697 (1986); California v. LaRue, 409 U.S. 109
(1972); City of Newport, KY v. Iacobucci, 479 U.S. 92 (1986); United
States v. O'Brien, 391 U.S. 367 (1968); DLS, Inc. v. City of Chattanooga,
107 F3d 403 (6th Cir. 1997); Kev, Inc. v. Kitsap County, 793 F2d 1053
(9th Cir. 1986); Hang On, Inc. v. City of Arlington, 65 F3d 1248 (5th
Cir. 1995); South Florida Free Beaches, Inc. v. City of Miami, 734
F2d 608 (11th Cir. 1984); New York State Liquor Auth. v. Bellanca,
452 US 714 (1981); Blue Canary Corp. v. City of Milwaukee, 251 F3d
1121; MDK, Inc. v. Village of Grafton, 345 F. Supp 2d 952 at page
957; Daytona Grand, Inc. v. City of Daytona Beach, Florida 490 F3d
860 (11th Cir. 2007); and a compilation of studies on various municipalities
regarding the impact of adult-oriented business, and reports of harmful
secondary effects occurring in and around adult-oriented establishments,
including a publication of the American Planning Association compiled
by Eric Damian Kelly and Connie Cooper titled "Everything You Always
Wanted To Know About Regulating Sex Businesses XXX," Report of the
Attorney General's Working Group on the Regulation of Sexually Oriented
Businesses, June 6, 1989, reports from studies in Phoenix, Arizona
1984 and 1995-1998; Minneapolis, Minnesota 1980; Houston, Texas 1997;
Indianapolis, Indiana 1984; Amarillo, Texas 1977; Garden Grove, California
1991; Los Angeles, California 1977; Whittier, California 1978; Austin,
Texas 1986; Seattle, Washington 1989; Oklahoma City, Oklahoma 1986;
Cleveland, Ohio 1977; Dallas, Texas 1997; St. Croix County, Wisconsin
1993; Bellevue, Washington 1998; Newport News, Virginia 1996; and
New York Times Square Study 1994.
(3)
As a result of the Board's own experiences, observations, studies,
experiences of other communities and testimony, the Board finds that
adult-oriented establishments are frequently used for unlawful sexual
activities, including prostitution and sexual liaisons of a causal
nature, which may have a deleterious secondary effect on the existing
and planned commercial and residential uses in the surrounding areas
and result in downgrading of property values as well as causing an
increase in criminal activity. Further, the service or presence of
alcohol within an adult-oriented establishment is likely to heighten
the potential occurrence of such deleterious secondary effects on
the surrounding areas.
(4)
The establishment of adult-oriented establishments within 600
feet of each other can create especially deleterious secondary effects
on existing and planned commercial and residential uses in the surrounding
area.
(5)
The establishment of an adult-oriented establishment within
600 feet of certain land uses, including schools, worship facilities,
libraries, parks, and other places where the public and children congregate,
can conflict with those uses.
(6)
Concern over sexually transmitted diseases is a legitimate health
concern of Fox Crossing which demands reasonable regulation of adult-oriented
establishments in order to protect the health, safety and welfare
of its citizens.
(7)
Fox Crossing desires to minimize and control these adverse secondary
effects and thereby protect the health, safety and welfare of the
citizenry, protect the citizens from increased crime, preserve the
quality of life, preserve the property values and character of surrounding
neighborhoods, and deter the spread of blight.
B.
Purpose.
(1)
It is the intent and purpose of this section to be passed pursuant
to legitimate regulatory authority of the Village under its police
powers and zoning powers, pursuant to Wisconsin Statutes, to promote
the health, safety, welfare and morals of the citizens of Fox Crossing
by establishing reasonable and uniform regulations to prevent the
deleterious secondary effects associated with adult-oriented establishments.
(2)
The provisions of this section have neither the purpose nor
the effect of imposing a limitation or restriction on the content
of any communicative or expressive materials or acts, including sexually
oriented materials or acts. Similarly, it is not the intent or effect
of this section to restrict or deny access by adults to sexually oriented
materials or acts protected by the First Amendment or to deny access
by the distributors and exhibitors of sexual oriented entertainment
to their intended market. Neither is it the intent nor effect of this
section to condone or legitimize the distribution of obscene materials
as regulated by state law.
(3)
The regulations of this section are not aimed at the content
of any speech. Rather, this section has the purpose and effect of
controlling the deleterious secondary effects of adult-oriented establishments
while avoiding the regulation of content.
(4)
This section is not intended to prohibit adult-oriented establishments
from operating in Fox Crossing, but rather this section is intended
to regulate their location and manner of operation while providing
reasonable opportunity for such adult-oriented establishments to exist.
This section is also intended to regulate the proximity of adult-oriented
establishments to certain sensitive land uses.
C.
Applicability. Upon any of the following events, an adult-oriented
establishment shall comply with the provisions of this section:
(1)
The opening, commencement, or operation of an adult-oriented
establishment;
(2)
The conversion of an existing business, whether or not an adult-oriented
establishment, to an adult-oriented establishment;
(3)
The addition of an adult-oriented establishment to an adult-oriented
establishment;
(4)
The relocation of an adult-oriented establishment;
(5)
The sale, lease, or sublease of an adult-oriented establishment;
(6)
The transfer of securities which constitute a controlling interest
in an adult-oriented establishment, whether by sale, exchange or other
means of transfer; or
(7)
The establishment of a trust, gift or some other legal instrument
that transfers ownership or control of an adult-oriented establishment.
D.
Exclusions. This section does not apply to theaters, performing arts
centers, civic centers, and dinner theaters where:
(1)
Live dance, ballet, music or dramatic performances of serious artistic
merit are offered on a regular basis;
(2)
The predominant business or attraction is not the offering of entertainment
which is intended for sexual interests or titillation of customers;
and
(3)
The establishment is not distinguished by an emphasis on or the advertising
or promotion of nude or seminude performances.
E.
License.
(1)
Except as provided in Subsection E(5) below, from and after the effective date of this section, no adult-oriented establishment shall be operated or maintained in any area subject to Fox Crossing zoning without first obtaining a license to operate issued by the Fox Crossing Village Board.
(2)
A license may be issued for only one adult-oriented establishment
located at a fixed and certain location per application filed. Any
person, partnership, corporation or other entity or organization which
desires to operate more than one adult-oriented establishment must
have a license for each.
(3)
No license or interest in a license may be sold, assigned, or
otherwise transferred to any person, partnership, corporation or other
entity or organization.
(4)
It shall be unlawful for any entertainer, employee or operator
of an adult-oriented establishment to knowingly work in or to knowingly
perform any service directly related to the operation of any adult-oriented
establishment that does not have a valid license pursuant to this
section.
(5)
Nothing in this section shall be construed so as to permit material
or performances prohibited by § 944.21, Wis. Stats.
F.
Application for license.
(1)
Any person, partnership, corporation or other entity or organization
desiring to secure a license shall submit an application for such
license to the Fox Crossing Village Board. The application shall be
filed with the Village Clerk.
(2)
The application for a license shall be submitted upon a form
provided by Fox Crossing. An applicant for a license shall furnish
the following information under oath:
(a)
The full name and date of birth of the applicant and any partner
or limited partner in a partnership applicant and any shareholder
holding more than 10% of the stock of a corporate applicant and each
corporate officer and director.
(b)
Written proof that any person required to be named under Subsection F(2)(a) is at least 18 years of age.
(c)
A detailed description of the activities to be conducted on
the premises. If any booth, room or cubicle for private viewing of
any sexually oriented entertainment is intended, a sketch or other
description of the premises, which is acceptable to Fox Crossing,
is required.
(d)
The address of the adult-oriented establishment to be operated
by the applicant.
(e)
Whether any person required to be named under Subsection F(2)(a) of this section is currently operating, or has previously operated, in this or any other town, village, city, county or state, under an adult-oriented establishment license or similar business license or permit.
(f)
Whether the applicant or any person required to be named under Subsection F(2)(a) has ever had an adult-oriented establishment license, or similar business license or permit, revoked or suspended. If so, the applicant must provide reasons therefor and the business entity or trade name under which the applicant or any person required to be named under Subsection F(2)(a) operated that was subject to revocation or suspension.
(g)
If the applicant is a corporation, the application shall specify,
without limitation, the name of the corporation, the date and state
of incorporation, and the name and address of the registered agent.
(3)
Within 21 days of receiving an application for a license, the
Fox Crossing Village Clerk shall notify the applicant whether the
application has been approved or denied.
(4)
If an application is denied, the Fox Crossing Village Board
shall advise the applicant in writing of the reason or reasons for
the denial. The applicant may request a review of a denial pursuant
to Ch. 68, Wis. Stats., as amended from time to time.
(5)
Failure or refusal of the applicant to give any information
relevant to the investigation of the application or the applicant's
refusal or failure to appear at any reasonable time and place for
examination under oath regarding said application or the applicant's
refusal to submit to or cooperate with any investigation required
by this section shall be grounds for denial of an application.
G.
Standards for issuance of license.
(1)
To be eligible to receive a license to operate an adult-oriented
establishment, an applicant must meet the following standards:
(a)
If the applicant is an individual:
[1]
The applicant shall be at least 18 years old.
[2]
The applicant shall not have been found to have
previously violated this section within five years immediately preceding
the date of application.
[3]
The applicant shall not have been convicted of
any offense involving moral turpitude, prostitution, obscenity, or
any other offense of a sexual nature in any jurisdiction within five
years immediately preceding the date of application, unless the person
has been duly pardoned.
(b)
If the applicant is a partnership, joint venture or any other
type of organization:
[1]
All persons having a financial interest in the
partnership, joint venture or other type of organization shall be
at least 18 years of age.
[2]
Neither the applicant nor any person having a financial
interest in the organization shall have been found to have violated
any provision of this section within five years immediately preceding
the date of application.
[3]
No applicant or person having a financial interest
in the partnership, joint venture, or other type of organization shall
have been convicted of any offense involving moral turpitude, prostitution,
obscenity, or other offense of a sexual nature in any jurisdiction
within the five years immediately preceding the date of application,
unless the person or applicant has been duly pardoned.
(c)
If the applicant is a corporation:
[1]
All officers, directors, shareholders and agents
required to be named under this section are at least 18 years of age.
[2]
Neither the corporate applicant nor any officer,
director, or shareholder required to be named under this section shall
have been found to have previously violated this section within five
years immediately preceding the date of application.
[3]
No officer, director, shareholder or agent required
to be named under this section, or the corporate applicant, shall
have been convicted of any offense involving moral turpitude, prostitution,
obscenity, or other offense of a sexual nature in any jurisdiction
within the five years immediately preceding the date of the application,
unless the person or applicant has been duly pardoned.
(2)
Prior to granting the license, the Fox Crossing Village Board
shall determine whether the applicant complies with all applicable
restrictions on location, this section, and has complied with all
building, zoning, plumbing, electrical, fire, health and other codes
and regulations.
H.
Fees. A license fee shall be submitted with the application for the
license in the amount specified in the Village of Fox Crossing Fee
Schedule.
I.
Display of license. The license shall be displayed in a conspicuous
and public place in the adult-oriented establishment.
J.
Renewal of license.
(1)
Every license issued pursuant to this section will terminate
at the expiration of one year from the date of issuance, unless sooner
revoked or suspended, and must be renewed before operation is allowed
in the following year. Any applicant or operator of an adult-oriented
establishment desiring to renew a license shall make application to
the Fox Crossing Village Board and file said renewal at least 60 days
prior to the license expiration date. The application for renewal
shall be filed in duplicate with the Fox Crossing Village Clerk. The
application for renewal shall be on a form provided by the Village
of Fox Crossing and shall contain such information and data, given
under oath or affirmation, as is required for an application for a
new license.
(2)
A license renewal fee in the amount specified in the Fox Crossing
Fee Schedule shall be submitted with the application for renewal.
In addition to the renewal fee, a late penalty in an amount specified
in the Fox Crossing Fee Schedule shall be assessed against the applicant
who files for a renewal less than 60 days before the license expires.
K.
Revocation, suspension, and nonrenewal of license.
(1)
In addition to other reasons provided by Fox Crossing, a license
issued under this section may be suspended or revoked by Fox Crossing
for any of the following reasons:
(a)
Discovery that false or misleading information or data was provided
on any application or material facts were omitted from any application.
(b)
The applicant, operator, entertainer, or any employee of the
adult-oriented establishment violates any provision of this section
or any rule or regulation adopted by the Fox Crossing Village Board
pursuant to this section; provided, however, that in the case of a
first offense by an applicant where the conduct was solely that of
an employee or customer, the Fox Crossing Village Board may choose
to suspend the license for 30 days if the Fox Crossing Village Board
finds that the applicant or operator of the adult-oriented establishment
had no actual or constructive knowledge of such violation and could
not by the exercise of due diligence have had such actual or constructive
knowledge.
(c)
The applicant or operator of the adult-oriented establishment
becomes ineligible to obtain a license under this section.
(d)
Any cost or fee or penalty required to be paid under this section
is not paid.
(e)
Any intoxicating liquor or fermented malt beverage, narcotic
or controlled substance is served or consumed on the premises of the
adult-oriented establishment.
(f)
The applicant, operator of the adult-oriented establishment,
any employee or entertainer sells, furnishes, gives, or displays or
causes to be sold, furnished, given or displayed to any minor any
sexually oriented entertainment or sexually oriented material.
L.
Proximity to another establishment of the same kind. An adult-oriented
establishment shall not be located within 600 feet of another adult-oriented
establishment.
M.
Proximity to specified zoning districts. An adult-oriented establishment
shall not be located within 600 feet of a parcel of land in a residential
zoning district or a planned development district that allows residential
uses.
N.
Proximity to other specified land uses.
(1)
An adult-oriented establishment shall not be located within 600 feet
of any of the following:
(a)
Public library;
(b)
Public playground or park, including nature trails, pedestrian/bicycle
paths, wilderness areas, or other public lands open for recreational
activities;
(c)
Educational facility, including K-12 and post-secondary, but
not including facilities used primarily for another purpose and only
incidentally as a school;
(d)
State-licensed family day-care home, group day-care home, or
day-care center;
(e)
Church, synagogue or other worship facility;
(f)
Any youth-oriented establishment;
(g)
Tavern;
(h)
Any commercial business holding a valid liquor license;
(i)
Residential uses; or
(j)
Farm dwellings.
(2)
If one of these specified uses locates within this area of separation
after the adult-oriented establishment has been granted a building
permit or certificate of use and occupancy, the adult-oriented establishment
shall not be required to relocate.
O.
Measurement of distances. For purposes of this section, specified
distances are measured in a straight line, without regard to intervening
structures or objects, from the nearest portion of the building or
structure containing the adult-oriented establishment to the nearest
property boundary line of the parcel with the specified use or to
the specified zoning district. If an adult-oriented establishment
is located in a multi-tenant building (e.g., shopping center), the
measurement shall be taken from the outer boundary of such space (i.e.,
from the outer edge of the party wall or the outer wall). The presence
of a city, village, county, or other political subdivision boundary
shall be irrelevant for purposes of applying the separation requirements
of this section.
Q.
Building standards. All building openings, entries and windows of
adult-oriented establishments shall be located, covered, or screened
in such a manner so as to prevent the interior of such premises from
being viewed from outside the establishment. There shall be no display
windows in adult-oriented establishments.
R.
Special provisions. Adult-oriented establishments shall close no
later than the closing time established for taverns and shall not
be open between the hours of 2:00 a.m. and 8:00 a.m., Monday through
Friday, and 2:30 a.m. and 8:00 a.m. on Saturdays and Sundays.
S.
Special provisions for adult motion-picture theaters. The viewing
screen of an adult motion-picture theater shall not be visible from
a public park, road, street, highway, or residence. The premises shall
be surrounded by a solid fence at least eight feet in height. All
adult motion-picture theaters shall comply with § 134.46,
Wis. Stats.
T.
Prohibitions. The property owner and the operator of an adult-oriented
establishment shall ensure that minors, as defined by § 990.01(20),
Wis. Stats., are not permitted on the premises of the adult-oriented
establishment. Solicitation for purposes of prostitution shall be
strictly prohibited on the premises of adult-oriented establishments.
U.
Physical contact with an entertainer. During a performance, an entertainer
shall not have physical contact with another individual. To prevent
such physical contact, performances shall occur on a stage or on a
table that is elevated at least 18 inches above the immediate floor
level and shall not be less than three feet from any areas occupied
by any patron. Patrons shall not be closer than five feet to an entertainer
during a performance, including, but not limited to, during the payment
of a tip or gratuity. An adult-oriented establishment existing on
the effective date of this section shall not have to reconstruct existing
stages and tables to meet this requirement, but shall adhere to the
prohibition against physical contact.
V.
Signage. Signs advertising an adult-oriented establishment shall conform with Article 10 of this chapter with the exception that no pole or portable signs or billboards shall be permitted on the premises, and with the further exception that signs will not depict specified sexual activities, specific anatomical areas, or both, and provided further that there shall be no flashing or traveling lights located outside of the building of the adult-oriented establishment.
W.
Special provisions related to review of application. As part of the
review of a conditional use application for an adult-oriented establishment,
the Zoning Administrator shall conduct an inventory of the surrounding
area and population along with a study of the proposed development
and plans for the area so as to enable the Planning Commission to
make appropriate findings relating to the effect of the establishment
of an adult-oriented establishment.
X.
Penalties and prosecution.
(1)
Any applicant found to have violated this section shall have
any license obtained hereunder revoked.
(2)
In addition to the revocation of a license issued under this section, any applicant in violation of this section or any applicant who fails to obtain a license as required hereunder shall, upon conviction of such violation, be subject to a penalty as provided in Chapter A450, Fines and Penalties, together with the costs of prosecution. Each violation and each day a violation continues or occurs shall constitute a separate offense and violation. Nothing in this section shall preclude the Fox Crossing Village Board from maintaining any appropriate action to enforce, prosecute, prevent or remove a violation of any provision of this section.
Y.
Severability. If a court of competent jurisdiction deems any provision
of this section invalid or unconstitutional, such invalidity or unconstitutionality
shall not affect the other provisions of this section.
Z.
Enforcement. Officers and other personnel of the Village Police Department
in which the adult-oriented establishment is located shall have the
authority to enter any adult-oriented establishment to inspect the
premises and enforce this section.
AA.
Discontinuance of operation. Any discontinuance in the operation
of an adult-oriented establishment for a period of 12 months or more
shall cause the license to lapse and become void. A license holder
whose license has lapsed in this manner shall thereafter be subject
to the procedures applicable to the issuance of a new license.
BB.
Effective date. This section shall take effect and be in force upon
its passage and publication as required by law.
A.
Vocational standards. A body-piercing establishment shall not be
located within 600 feet of another body-piercing establishment or
a tattoo establishment. For the purpose of this section, such distance
shall be measured in a straight line, without regard to intervening
structures or objects, from the nearest portion of the exterior wall
of the building containing the body-piercing establishment to the
outer wall of the building containing the other specified land use.
If one or both of the specified land uses are located in a multi-tenant
building (e.g., shopping center), the measurement shall be taken from
the outer boundary of such space (i.e., from the outer edge of the
party wall or the exterior wall). The presence of a city, village,
county, or other political subdivision boundary shall be irrelevant
for purposes of applying the separation requirements of this section.
B.
Sale of alcohol. A body-piercing establishment shall not also sell,
distribute, or allow consumption of alcoholic beverages on the premises.
C.
Building standards. A patron who is being pierced shall not be visible
from the exterior of the building through a window or entrance to
the building.
D.
State license. Prior to the establishment of a body-piercing establishment,
the operator shall obtain a license from the state as required by
state law and maintain such license for the life of the use or until
the state no longer requires such license. In addition, each practitioner
shall obtain a license from the state as required by state law and
maintain such license while at the establishment or until the state
no longer requires such license.
No special standards apply to a commercial kennel.
A.
Minimum lot area. The minimum lot area for a commercial stable is
five acres.
B.
Review materials. As part of the building, site, and operation plan
review process, the handling and disposal of animal waste generated
by this use shall be addressed, along with required setbacks from
adjoining properties and the maximum number of livestock that may
be kept on the premises.
Outdoor display and storage areas and other activity areas shall
be located at least 50 feet from a property in a residential zoning
district and 10 feet from a property in a commercial or mixed-use
zoning district.
No special standards apply to small equipment rental.
A payday loan business or auto title loan business shall not
be located within 5,000 feet of another payday loan business or auto
title loan business or within 150 feet of a single-family or two-family
residential zoning district. For the purpose of this section, such
distance shall be measured in a straight line, without regard to intervening
structures or objects, from the nearest portion of the exterior wall
of the building containing the payday loan business or auto title
loan business to the outer wall of the building containing the other
specified land use or, as appropriate, to the nearest property boundary
line of a parcel in the specified zoning district. The presence of
a city, village, county, or other political subdivision boundary shall
be irrelevant for purposes of applying the separation requirements
of this section. If a payday loan business or auto title loan business
is operating on March 31, 2013, and does not comply with the vocational
standards in this section, such business may continue to operate at
that location.
No special standards apply to funeral homes.
All activities related to this use shall occur within a building,
except when the parcel of land is located in an industrial zoning
district.
No special standards apply to general services.
No special standards apply to health care clinics.
A.
Access requirements. The primary access to a health care center shall
be off of a road classified as a collector or a higher classification
as depicted on the Zoning Map or a supplemental map.
B.
Transition when allowed as a conditional use. When a health care
center is allowed as a conditional use, an appropriate transition
shall be required between this use and an adjoining use.
No special standards apply to instructional services.
Outdoor work areas, parking areas, and storage of equipment
and materials related to a landscape business shall not be located
within the setbacks established for the zoning district in which the
use is located.
No special standards apply to professional services.
A.
Vocational standards. A tattoo establishment shall not be located
within 600 feet of another tattoo establishment or a body-piercing
establishment. For the purpose of this section, such distance shall
be measured in a straight line, without regard to intervening structures
or objects, from the nearest portion of the exterior wall of the building
containing the tattoo establishment to the outer wall of the building
containing the other specified land use. If one or both of the specified
land uses are located in a multi-tenant building (e.g., shopping center),
the measurement shall be taken from the outer boundary of such space
(i.e., from the outer edge of the party wall or the outer wall). The
presence of a city, village, county, or other political subdivision
boundary shall be irrelevant for purposes of applying the separation
requirements of this section.
B.
Sale of alcohol. A tattoo establishment shall not also sell, distribute,
or allow consumption of alcoholic beverages on the premises.
C.
Building standards. A patron who is being tattooed shall not be visible
from the exterior of the building through any window or entrance to
the building.
D.
State license. Prior to the establishment of a tattoo establishment,
the operator shall obtain a license from the state as required by
state law and maintain such license for the life of the use or until
the state no longer requires such license. In addition, each practitioner
shall obtain a license from the state as required by state law and
maintain such license while at the establishment or until the state
no longer requires such license.
The standards applicable to animal shelters apply to general
veterinary clinics.
The standards applicable to animal shelters apply to small animal
veterinary clinics.
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Series 10. Recreation and Entertainment Uses
|
No special standards apply to driving ranges.
Clubhouses and maintenance buildings shall be located at least
300 feet from a property in a residential zoning district.
No special standards apply to indoor entertainment.
No special standards apply to indoor recreation.
A.
Hours of operation. An existing or new outdoor shooting range shall
not operate between the hours of 11:00 p.m. and 6:00 a.m., except
that this use restriction shall not apply to:
B.
Incidental sales. An outdoor shooting range may offer items for sale
or rental as listed in this subsection provided the totality of such
sales and/or rental activity is clearly incidental to the overall
operation of the shooting range. The following may be offered for
retail sale:
No special standards apply to administrative government centers.
A.
Noise
control. The building shall be designed and operated so that, to the
greatest extent practicable, noise from the animals at the facility
cannot be heard beyond the property boundary line of the parcel of
land on which it is located.
A.
Minimum size. A cemetery shall be at least three acres.
B.
Location of burial plots. Burial plots shall not be located within
50 feet of a public street right-of-way, in a designated floodplain,
or in a wetland area, nor shall interment occur below the groundwater
table.
C.
Marker required. A permanent marker stating the name of the deceased
and the birth and death dates, if known, shall identify the location
of each occupied burial plot.
D.
Casket required. The deceased shall be enclosed in a casket or other
durable container.
E.
Name required. The cemetery shall have a formal name, which shall
be placed on a permanent sign located by the main entrance to the
cemetery.
F.
Financial guarantee. Prior to the establishment of this use, the
property owner shall submit a financial guarantee to the Village,
consistent with any requirement the Village Board may adopt. This
financial guarantee shall relate to the long-term upkeep and maintenance
of the cemetery.
The primary access to a civic use facility with a capacity of
600 people or more shall be off of a road classified as a collector
or a higher classification as depicted on the Zoning Map or a supplemental
map.
The primary access to a community center with a capacity of
600 people or more shall be off of a road classified as a collector
or a higher classification as depicted on the Zoning Map or a supplemental
map.
The primary access to a community cultural facility with a capacity
of 600 people or more shall be off of a road classified as a collector
or a higher classification as depicted on the Zoning Map or a supplemental
map.
No special standards apply to community gardens.
No special standards apply to correctional facilities.
No special standards apply to pre-K through 12 educational facilities.
No special standards apply to post-secondary educational facilities.
The primary access to a post-secondary educational facility shall
be off of a road classified as a collector or a higher classification
as depicted on the Zoning Map or a supplemental map.
Outdoor storage areas and other activity areas shall be located
at least 50 feet from a property in a residential zoning district
and 25 feet from a property in a commercial or mixed-use zoning district.
No special standards apply to parks.
No special standards apply to public safety facilities.
No special standards apply to sidewalks.
No special standards apply to unspecified public uses.
The primary access to a worship facility with 600 seats or more
shall be off of a road classified as a collector or a higher classification
as depicted on the Zoning Map or a supplemental map.
|
Series 12. Telecommunications and Utilities
|
No special standards apply.
No special provisions apply to a stormwater management facility.
A.
Applicability. The provisions of this section apply to all telecommunication
facilities, except for the following:
(1)
Supervisory control and data acquisition (SCADA) systems for
water, flood alert, traffic control devices and signals, stormwater
facilities, pump stations, and similar facilities with heights not
exceeding 35 feet;
(2)
Antennas or towers located on property owned, leased or otherwise
controlled by the governing authority, provided a license or lease
authorizing such antenna or tower has been approved by the governing
authority;
(3)
Structures for the support of amateur radio antennas that are
owned and/or operated by a federally licensed amateur radio operator,
provided that the antenna use constitutes ancillary or secondary use,
not primary use, of the property;
(4)
An antenna or tower that is installed on an existing structure
(such as a tower, building, sign, light pole, water tower, electric
transmission and distribution structure, or other freestanding nonresidential
structure) and provided the antenna or tower adds no more than 20
feet to the height of the structure;
(5)
Portable antennas that are used in broadcasting public information
coverage of news events of a temporary nature; and
(6)
Handheld devices such as cell phones, business-band mobile radios,
walkie-talkies, cordless telephones, garage door openers, and similar
devices.
B.
Federal requirements. A telecommunication facility shall comply with
all applicable requirements of the Federal Communications Commission,
the Federal Aviation Administration, and other federal agencies with
authority to regulate telecommunication facilities. In the event of
a conflict between federal law and this section, federal law shall
prevail.
C.
Equipment buildings. The exterior of equipment buildings, shelters,
and cabinets exceeding 200 cubic feet shall be covered with building
materials typically used on buildings found in the area.
A.
Purpose. This section is to regulate the siting and construction
of any new mobile service support structure and facilities and Class
1 and 2 co-location.
B.
Application process.
(1)
A Village zoning permit is required for the siting and construction
of any new mobile service support structure and facility.
(2)
A permit application must be completed by the applicant and
submitted to the Village Zoning Administrator containing the following
information:
(a)
Name, business address and contact information for the applicant.
(b)
Location of the proposed or affected support structure.
(c)
Location of the proposed mobile service facility.
(d)
Construction of new mobile service support structure shall include
a construction plan which describes the proposed modifications to
the support structure and the equipment and network components, including
antennas, transmitters, receivers, base stations, power supplies,
cabling and related equipment to be placed on or around the new mobile
service support structure and shall include an explanation of why
the applicant chose the proposed location and why the applicant did
not choose co-location, including a sworn statement from an individual
who has responsibility over placement of the mobile service support
structure attesting that co-location within the applicant's search
ring would not result in the same mobile service functionality, coverage
and capacity; is technically infeasible; or is economically burdensome
to the mobile service provider.
(e)
A Class 1 co-location of an existing support structure shall
include a construction plan which describes the proposed modifications
to the support structure and the equipment and network components,
including antennas, transmitters, receivers, base stations, power
supplies, cabling and related equipment associated with the proposed
modifications.
(3)
A Class 1 or Class 2 permit application will be provided by
the Village upon request to any applicant.
(4)
If an applicant submits to the Village an application for a
permit to engage in an activity described in this section, which contains
all of the information required under this section, the Village shall
consider the application complete. If the Village does not believe
the application is complete, the Village shall notify in writing the
applicant for a Class 1 permit within 10 days and the applicant for
a Class 2 permit within five days of receiving the application that
the application is not complete. The written notification shall specify
in detail the required information that was incomplete. An applicant
may resubmit an application as often as necessary until it is complete.
(5)
Within 90 days of application for a Class 1 permit and within
45 days of application for a Class 2 permit the Village shall complete
all of the following or the applicant may consider the application
approved, except that the applicant and the Village may agree in writing
to an extension of the ninety-day period for a Class 1 permit or the
forty-five-day period for a Class 2 permit:
(a)
Review the application to determine whether it complies with
all applicable aspects of the political subdivision's building code
and, subject to the limitations in this section, zoning ordinances.
(b)
Make a final decision whether to approve or disapprove the application.
(c)
Notify the applicant, in writing, of its final decision.
(d)
If the decision is to disapprove the application, include with
the written notification substantial evidence which supports the decision.
(6)
The Village may disapprove an application if an applicant refuses to evaluate the feasibility of co-location within the applicant's search ring and provide the sworn statement described under Subsection B(2)(d).
(7)
If an applicant provides the Village with an engineering certification
showing that a mobile service support structure, or an existing structure,
is designed to collapse within a smaller area than the setback or
fall zone area required in a zoning ordinance, that zoning ordinance
does not apply to such a structure unless the Village provides the
applicant with substantial evidence that the engineering certification
is flawed.
(8)
The fees for permits are specified in the Village's adopted
fee schedule and may not exceed the amount allowed by Wisconsin Statutes.
C.
Unsafe conditions. If the Zoning Administrator determines that a
tower is unsafe or otherwise defective, the Administrator shall follow
the procedure outlined in Article 6 of this chapter relating to unsafe
conditions.
D.
Termination of approval. If the Zoning Administrator determines that
all of the antennas on a tower have not been operated for a continuous
period of 12 months, the Administrator shall follow the procedure
outlined in Article 6 of this chapter relating to termination of the
approval.
E.
Nonconformity. Towers that are constructed and antennas that are
installed in accordance with the provisions of this section shall
not be deemed to constitute an expansion of a nonconforming use or
structure.
No special standards apply to major utility installations.
A minor utility installation that also includes a security fence
is considered a major utility installation.
A.
Distance to other land uses. Sewage treatment plants, sewage storage
tanks or any other aboveground sewage collection or treatment facilities
shall be isolated from properties used for residential, commercial
or mixed-use purposes. The following separation distances shall be
maintained:
(1)
500 feet for mechanical treatment facilities, effluent holding
and polishing ponds, seepage cells, ridge and furrow systems, and
overland flow systems;
(2)
750 feet for aerated lagoons;
(3)
1,000 feet for off-site sludge holding facilities, spray irrigation
systems, and wastewater storage tanks with a capacity greater than
25,000 gallons; and
(4)
1,500 feet for stabilization lagoons.
No special standards apply to minor sanitary sewer utility installations.
Outdoor storage areas and other activity areas shall be located
at least 100 feet from a property in a residential zoning district
and 50 feet from a property in a commercial or mixed-use zoning district.
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Series 13. Transportation Facilities
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All buildings, outdoor airplane or helicopter storage areas,
and other activity areas shall be located at least 100 feet from the
perimeter of the airport property.
Outdoor storage areas and other activity areas shall be located
at least 50 feet from a property in a residential zoning district
and 25 feet from a property in a commercial or mixed-use zoning district.
No special standards apply to marinas.
The primary access to a mass transit terminal shall be off of
a road classified as a collector or a higher classification as depicted
on the Zoning Map or a supplemental map.
A.
Access requirements. The primary access to an off-site parking lot
shall be off of a road classified as a collector or a higher classification
as depicted on the Zoning Map or a supplemental map.
B.
Cut-through traffic. Access and vehicular circulation shall be designed
so as to discourage cut-through traffic.
Snow chutes shall be placed in a location causing the least
amount of impact on surrounding properties.
The primary access to a park-and-ride lot shall be located in
close proximity to a road classified as a collector or a higher classification
as depicted on the Zoning Map or a supplemental map.
No special standards apply to railroad lines.
No special standards apply to streets.
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Series 14. General Storage
|
Outdoor storage areas and other activity areas shall not be
located within a yard setback for the zoning district in which the
use is located.
No special standards apply to bulk fuel storage.
A.
Lot size. Minimum lot size is one acre. The maximum lot size is six
buildable acres if on-site stormwater management is required or four
buildable acres if using an existing off-site stormwater facility.
Portions of a site may be deemed unbuildable by the Zoning Administrator
due to factors including, but not limited to, wetlands, conservation
easements, high-pressure gas line easements or high-voltage power
line easements.
B.
Access. Access drives into the development shall only be off of collector,
arterial or other nonresidential streets. Access into personal cubicles
shall not open directly onto a public road right-of-way.
C.
Surfacing of travelways. Driveways, interior aisles, and walkways
shall be concrete, asphalt, pervious pavement, paving blocks or other
dust-free surface approved by the Zoning Administrator.
D.
Storage of prohibited substances. No cubicle shall be used to store
explosives, toxic substances, hazardous materials, or radioactive
materials.
E.
Uses. Only uses that are accessory to storage shall occur. No portion
of the site shall be used for fabrication, repair, or any similar
use or for human habitation.
F.
Design. The personal storage facility shall be designed so as to
minimize adverse visual impacts on nearby properties. The color, exterior
materials, and orientation of proposed buildings and structures shall
complement existing and anticipated development in the surrounding
area. Any building within the facility which directly abuts a property
in a residential (R) zoning district shall not face any unit doors
toward said district, unless the doors are 100 feet or greater from
said district and are screened with berms, landscaping and/or fencing.
G.
Fencing of outdoor storage area. An area used for outdoor storage
shall be enclosed by fencing. Fencing abutting residential districts
shall be of wood, masonry, wrought iron, or other decorative material.
Required landscape buffers shall be on the exterior of the fence.
H.
Setback of outdoor storage area. Outdoor storage areas shall comply
with the building setback standards for the zoning district in which
the use is located.
I.
Separation requirement. If a personal storage facility is proposed
closer than one mile to another personal storage facility, then 10%
of the square footage of the building area of the development shall
be devoted to an additional principal use(s), including but not limited
to retail, industrial or office uses, which shall require a connection
to public water and sewer services, except as follows:
[Amended 11-8-2021 by Ord. No. 211025-2]
(1)
When public water and sewer is not currently available due to unreasonable
costs of extension of public facilities to the site, as determined
by the Village, then private wells and septic systems may be used
subject to the systems meeting all current requirements for the potable
water and septic system effluent. Holding tanks and mound systems
may be used as septic systems if approved by the Village.
(2)
If private wells and septic systems are used then the developer shall
execute and record an agreement binding the owner and future owners
to connect to a public water and sewer system within one year of availability.
"Availability" shall be defined as public water and sewer located
adjacent to the property. Upon availability, the property owner shall
extend the public water and sewer the length of the property, connect
the public water and sewer, and appropriately abandon the private
water and sewer system.
A.
Setback of outdoor storage area. Outdoor storage areas and other
activity areas shall be located at least 100 feet from a property
in a residential zoning district.
B.
Control of fugitive dust. As part of the building, site, and operation
plan review process, the control of fugitive dust generated by this
use shall be addressed.
A.
Setback of outdoor storage area. Outdoor storage areas and other
activity areas shall be located at least 100 feet from a property
in a residential zoning district.
B.
Control of fugitive dust. As part of the building, site, and operation
plan review process, the control of fugitive dust generated by this
use shall be addressed.
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Series 15. Industrial Uses
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When an artisan shop is located in a commercial or mixed-use
zoning district, all materials and activities, except loading and
unloading, shall be conducted entirely within the confines of a building.
A.
Control of fugitive dust. As part of the building, site, and operation
plan review process, the control of fugitive dust generated by this
use, if any, shall be addressed.
B.
Prerequisite use. A batching plant in this instance shall only be
allowed as an ancillary use to a nonmetallic mine that was previously
approved under this chapter.
C.
Setback requirements. A batching plant shall be located at least
300 feet from a property in a residential zoning district and 200
feet from a property in a commercial or mixed-use zoning district.
D.
Termination of approval. If the Zoning Administrator determines that
the nonmetallic mine with which the batching plant is associated is
permanently closed, the Administrator shall follow the procedure outlined
in Article 6 of this chapter relating to termination of the approval.
E.
Restoration plan. As part of the review process, the applicant shall
prepare and submit a restoration plan and obtain the approval of the
same. Such restoration plan shall identify those areas of the property
that will be disturbed and how those areas will be restored following
the cessation of the batching plant.
F.
Financial guarantee. Prior to the establishment of a batching plant,
the property owner shall submit a financial guarantee in a form acceptable
to the Zoning Administrator and in an amount equal to 110% of the
estimated cost of site restoration identified in the restoration plan
that is approved for the project. If the Village exercises its right
to use the financial guarantee to restore the property and the amount
of the financial guarantee does not cover such costs, the difference
between the amount of the guarantee and the actual cost shall constitute
a lien against the property as authorized by state law.
A.
Access. The primary point of access to the subject property with
a biofuels production plant shall be off of a public road classified
as an arterial or a higher classification.
B.
Fugitive dust. Primary internal roads, as determined by the reviewing
authority, shall be paved. Secondary internal roads, as determined
by the reviewing authority, shall be treated to minimize the amount
of fugitive dust generated on site.
C.
Fuel storage tanks. All fuel storage tanks shall be located within
an impermeable containment levee system as may be required by state
or federal rule or regulation.
Outdoor storage areas and other activity areas related to this
use shall be located at least 30 feet from a property in a residential
zoning district and 10 feet from a property in a commercial or mixed-use
zoning district. When allowed in a commercial zoning district, all
repair work shall occur within an enclosed building. When allowed
in an industrial zoning district, repair work may be conducted out
of doors.
Display areas and other activity areas related to this use shall
be located at least 30 feet from a property in a residential zoning
district and 10 feet from a property in a commercial or mixed-use
zoning district.
A.
Lot size requirements. There are no minimum lot size requirements
for a contractor yard.
B.
Limitations on equipment. There are no limitations on the number
of trucks, trailers, or other heavy equipment.
C.
Storage of material. When a contractor yard is located next to a
property in a residential, mixed-use, or commercial zoning district,
exterior storage of construction materials, wastes, and the like shall
be screened with a solid, six-foot fence and such materials shall
not be placed higher than the height of the fence.
A.
Distance to specified features. Outdoor storage areas and other activity
areas related to this use shall be located at least 50 feet from a
property in a residential zoning district and 25 feet from a property
in a commercial or mixed-use zoning district.
B.
Material storage. No materials shall be stacked or otherwise stored
so as to be visible over buffer yard screening elements from a property
in a residential zoning district.
A.
Location of materials and activities. All materials and activities,
except loading and unloading, shall be conducted entirely within the
confines of a building.
B.
Material storage. No materials shall be stacked or otherwise stored
so as to be visible over buffer yard screening elements from a property
in a residential or mixed-use zoning district.
A.
Exemptions. The following activities shall not be considered a nonmetallic
mine:
(1)
Operations affecting less than five acres and for the exclusive
on-site use of the property owner;
(2)
Pre-mining activities, such as site surveying, coring, mapping
and other functions necessary solely for proper preparation of the
permit application;
(3)
Excavation in conjunction with a utility installation, which
is to be backfilled;
(4)
Excavation within the limits of a public right-of-way in conjunction
with road construction or reconstruction, when construction plans
have been approved by the Wisconsin Department of Transportation or
other governmental authority;
(5)
Excavation which by nature is of limited duration, such as graves,
septic tanks, and swimming pools;
(6)
Agricultural drainage work incidental to agricultural operations
and irrigation/stock watering ponds, if no material is removed from
the property;
(7)
Excavation for structures and parking areas;
(8)
Stripping of up to 1.5 feet of topsoil for the development of
subdivisions, following subdivision approval;
(9)
Regrading of property for aesthetic purposes that does not affect
existing drainage, if no material is removed from the property;
(10)
Dredging operations under the jurisdiction of the U.S. Army
Corps of Engineers or other governmental authority;
(11)
Ponds developed for wildlife purposes in conjunction with the
Natural Resources Conservation Service or the Winnebago County Land
and Water Conservation Department;
(12)
Excavation related to sod farming;
(13)
Any mining operation, the reclamation of which is required in
a permit obtained under Ch. 293 or Subchapter III of Ch. 295, Wis.
Stats., pertaining to metallic mining;
(14)
Activities conducted at a solid or hazardous waste disposal
site required to prepare, operate, or close a solid waste disposal
facility under Ch. 289, Wis. Stats., or a hazardous waste disposal
facility under Ch. 291, Wis. Stats., for the exception of mineral
extraction operations conducted for the purpose of lining, capping,
or covering such disposal site; and
(15)
Any other use determined to be exempt by the Planning Commission.
B.
Air quality. The operator of a nonmetallic mine shall comply with
Ch. NR 415, Wis. Adm. Code, with regard to particulate emissions.
C.
Blasting. The operator of a nonmetallic mine shall comply with Ch.
SPS 307, Wis. Adm. Code, when explosives are used for blasting.
D.
(Reserved)
E.
Minimization of noise, dust, and vibrations. Roads, machinery, and
equipment shall be located, constructed, and used in such a manner
as to minimize noise, dust, and vibrations.
F.
Hours of operation. A nonmetallic mine shall not be operated on Sunday
and may be operated Monday through Saturday during the standard hours
of operation specified in Table 7-16 based on the proximity of the
site to a residence or commercial establishment open to the public.
Upon written request, the Planning Commission may authorize specific
activities past the standard hours or operation but no later than
the hour specified in Table 7-16 for limited or temporary periods
taking into account the proximity and nature of adjoining uses and
the extent of noise, dust, and vibration associated with the activity.
Such approval shall be in writing and shall specify the time period
the extended hours of operation are in effect, the activities that
are permitted, and conditions, if any, the Planning Commission may
impose to address off-site effects.
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Table 7-16. Permissible Hours of Operation for a Nonmetallic
Mine
| |||
|---|---|---|---|
|
Proximity of Site to Specified Uses
|
Day
|
Standard Hours of Operation
|
Extended Hours of Operation With Approval of Planning Commission
|
|
Property boundary line of the site is located within 500 feet
of a residence or commercial establishment open to the public
|
Monday through Friday
|
From 6:00 a.m. to 6:00 p.m.
|
From 6:00 p.m. to 10:00 p.m.
|
|
Saturday
|
From 6:00 a.m. to 2:00 p.m.
|
From 2:00 p.m. to 7:00 p.m.
| |
|
Property boundary line of the site is not located within 500
feet of a residence or commercial establishment open to the public
|
Monday through Friday
|
From 6:00 a.m. to 6:00 p.m.
|
From 6:00 a.m. to 10:00 p.m.
|
|
Saturday
|
From 6:00 a.m. to 6:00 p.m.
|
From 6:00 a.m. to 10:00 p.m.
| |
G.
Setbacks. The following setback requirements shall apply to a nonmetallic
mine:
(1)
No operations or activities, including berm construction, shall
be conducted within 200 feet of any right-of-way line or within 200
feet of any exterior boundary of the site where a residence is located
within 500 feet of the perimeter of the site.
(2)
The Planning Commission may authorize berm construction and
related site preparation as a temporary activity, for a specific time
period, to within 25 feet of the perimeter of the site for those operations
lawfully existing before March 31, 2013. Exemptions may be authorized
by the Commission for berms located closer than 25 feet to the perimeter
of the site for those operations lawfully existing before March 31,
2013.
(3)
The Planning Commission may authorize continued vertical removal
of materials to within 50 feet of the perimeter of the site for those
operations lawfully existing before March 31, 2013.
(4)
In no event shall any operations or activities, except berm
construction and related site preparation activities, be conducted
within 50 feet of the perimeter of the site. In exercising its authority
under this subsection, the Planning Commission may impose reasonable
conditions including more stringent hours of operation, landscaping,
and fencing.
(5)
The Planning Commission may authorize a reduction in the two-hundred-foot
or the fifty-foot setback requirement where the extraction will not
go below either the grade of the adjacent road or the adjoining property
boundary line and where blasting is not used. In applying the provisions
of this subsection, the Commission may reduce the setbacks as deemed
appropriate and may impose other operational requirements necessary
to offset any potential effect of the reduced setback.
(6)
When a nonmetallic mine adjoins another nonmetallic mine, a
setback as provided in this section is not required along the common
property boundary line when both operators agree in writing and such
agreement is submitted to and approved by the Zoning Administrator
as to form and content.
H.
Plan of operation. A nonmetallic mine, including those that existed
before March 31, 2013, shall prepare a plan of operation for the site
that includes the following:
(1)
A statement of ownership of the parcel and control of the operations.
(2)
A site plan, drawn to scale, showing the lateral extent of existing
and proposed excavations; the location and width of all easements
and right-of-way on or abutting the site; existing water bodies, watercourses
and drainageways and proposed modifications; estimated direction of
flow or groundwater; the location of existing and proposed buildings,
structures, machinery and equipment; and the location of all existing
and proposed storage and stockpiling areas.
(3)
Cross sections of the site, drawn to scale, that show the vertical
extent of existing and proposed excavations.
I.
Term of permit. A permit shall be issued for a term of six years,
renewable for terms of six years. Any activity conducted in compliance
with a lawfully issued permit which subsequently becomes noncompliant
during the term of the permit by reason of surrounding development
may continue for the remainder of the term of the permit.
J.
Transfer of permit. When an operator succeeds to the interest of
another in an uncompleted site, Fox Crossing shall release the present
operator of the responsibilities imposed by the permit only if:
K.
Special standards for specified geologic formations. If the mining
activity includes the base of the Platteville formation or the St.
Peter sandstone formation, the operation of the mine shall not dewater
these formations more than 100 feet beyond the excavation.
L.
Potential impacts to certain water wells. If a mine operation adversely
impacts an off-site water supply well, the mine operator shall repair
or replace the well to provide the same quantity and quality of groundwater
obtained from the well prior to the mining operation. This requirement
applies to all water wells located within 1,320 feet of the outer
extent of the excavation area which were completed prior to the approval
of the mine operation or any expansion thereof.
(1)
If an eligible property owner believes that the operation of the
mine is having an adverse impact on his or her water well (hereinafter
referred to as the "claimant"), the claimant shall provide written
notice to the mine operator and the Zoning Administrator explaining
the nature and the extent of the alleged impact. Within 30 days of
such notice, the mine operator shall send a written response to the
claimant and the Zoning Administrator that either provides evidence
rejecting the claimant's assertion of adverse impact resulting from
the mine operation or an amount of financial compensation for repairing
or replacing the well to provide the same quantity and quality of
groundwater obtained from the well prior to the mining operation.
The claimant shall have seven days to accept or reject the mine operator's
response, including the amount of compensation, if an amount was offered.
(2)
If the claimant rejects the mine operator's response, he or she may
submit a written response to the mine operator and the Zoning Administrator
that includes evidence supporting his or her assertion of adverse
impact and the amount for repairing or replacing the well to provide
the same quantity and quality of groundwater obtained from the well
prior to the mining operation. If the claimant provides such response,
the Planning Commission shall review the materials submitted by both
the mine operator and the claimant at a public meeting within 45 days
of receiving the claimant's response and render a decision within
30 days of such meeting.
(3)
If the Commission determines that the mine operations are having
an adverse impact on the claimant's well, it shall establish a cost
for repairing or replacing the well to provide the same quantity and
quality of groundwater obtained from the well prior to the mining
operation. If the mine operator does not provide the specified amount
of compensation in a timely manner, the Village may utilize the financial
guarantee as required under this section for such purposes.
M.
Financial guarantee. Prior to the commencement of any on-site work,
the mine operator shall provide a financial guarantee to the Village
in a form acceptable to the Zoning Administrator and in an amount
equal to $3,200 for each domestic well that is located within 1,320
feet of the area to be mined and the estimated replacement cost for
each nondomestic water well that is located within 1,320 feet of the
area to be mined. If the Village exercises its right to use the financial
guarantee for the work authorized in this section and the amount of
the financial guarantee does not cover such costs, the difference
between the amount of the guarantee and the actual cost shall constitute
a lien against the property as authorized by state law.
N.
Supplemental application materials. In addition to the materials
typically submitted for review, the following shall be provided as
part of the application:
(1)
A topographic map of the subject property and the surrounding
area, having a contour interval of four feet or less.
(2)
A map depicting vegetation, soils, and existing conditions including
on-site structures.
(3)
A map depicting property boundary lines within 1,600 feet of
the area to be mined and water supply wells within 1,320 feet of the
area to be mined including the type of well (e.g., domestic, industrial,
or agricultural), well depth, static water level if known, and owner
name.
(4)
A hydrologic study prepared by a qualified person if mining
will occur below the groundwater level. Such study should describe
anticipated dewatering effects on site and on adjoining properties
and evaluate the potential of mining and associated dewatering to
reach an arsenic rich horizon. For example, the base of the Platteville
formation and the top of the St. Peter sandstone often contain high
levels of arsenic.
(5)
A proposed water well monitoring plan if the proposed excavation
includes the Platteville formation or the St. Peter sandstone formation.
Such plan shall be designed to determine if mine operations are affecting
water levels more than 100 feet from the proposed mine area. On-site
water supply wells or nearby private wells completed in the uppermost
aquifer may also be used for monitoring purposes. Water levels should
be measured in these wells on a quarterly basis for at least three
years, and annually thereafter, to understand natural seasonal variation
in water levels and to be able to differentiate the effects of natural
variation from those related to mining operations.
(6)
A proposed plan for measuring arsenic levels in surrounding
water wells and water discharged to facilitate mining if the mining
or dewatering has the potential to affect an arsenic rich horizon.
(7)
One or more cross sections showing the extent of the nonmetallic
deposits to be mined, the proposed depth of removal, and the location
of the water table.
(8)
The estimated volume of materials to be removed from the site.
(9)
A description of the methods and equipment that will be used
to extract, process, or otherwise handle earth materials.
(10)
The location and operation of proposed processing and storage
areas.
(11)
The purpose and locations of any on-site ponds.
(12)
A phasing plan, if the mine operation and reclamation will be
completed in phases.
A.
Proximity to other specified property. All buildings, structures,
and outdoor storage areas and any other activity areas shall be located
at least 600 feet from a property in a residential, mixed-use, or
commercial zoning district.
B.
Hazardous materials. Hazardous materials shall not be stored or handled.
C.
Buffer yard. In addition to the buffer yard requirements in Article
8 of this chapter, the reviewing authority may, as part of the site
plan review process, require additional buffer yard requirements deemed
necessary to provide adequate screening between this use and adjoining
properties.
D.
Fence. A six-foot solid fence, subject to approval by the reviewing
authority, shall be located around the perimeter of the area used
to store salvage materials.
E.
Fence plan. As part of the site plan review application, the applicant
shall submit a fence plan which specifies construction materials and
specifications.
F.
Compliance with state law. A salvage yard located within 1,000 feet
of a right-of-way of an interstate or primary highway shall comply
with the requirements of § 84.31, Wis. Stats., and any administrative
rule adopted pursuant to that section.
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Series 16. Solid Waste Facilities
|
A.
Licensing. A composting facility shall comply with all local, state,
and federal regulations.
B.
Distance to specified features. A composting facility shall not be
located within 600 feet of a residential zoning district, a mixed-use
zoning district, an educational facility, a worship facility, or any
other place where the public congregates.
C.
Setbacks. All buildings, structures, and activity areas shall be
located at least 100 feet from the perimeter of the site.
When located in an I-1 zoning district, all materials and activities,
except loading and unloading, shall be conducted entirely within the
confines of a building.
A.
Access requirements. The primary access to a solid waste landfill
shall be off of a road classified as a collector or a higher classification
as depicted on the Zoning Map or a supplemental map.
B.
Compliance with other regulations. A solid waste landfill shall comply
with all applicable state and federal rules and regulations governing
this use.
A.
Road access requirements. The primary access to a solid waste transfer
station shall be off of a road classified as a collector or a higher
classification as depicted on the Zoning Map or a supplemental map.
B.
Location of materials and activities. All materials and activities,
except loading and unloading, shall be conducted entirely within the
confines of a building.
C.
Distance to specified features. A solid waste transfer station shall
not be located within 600 feet of a residential zoning district, a
mixed-use zoning district, an educational facility, a worship facility,
or any other place where the public congregates.
