[Amended 2-26-2018 by Ord. No. 1861-18; 8-26-2019 by Ord. No. 1888-19; 10-10-2022 by Ord. No. 1945-22]
The Plan Commission shall review all proposed conditional uses.
Upon receipt of a conditional use permit application, and following
publication in the City of a Class 2 notice under Ch. 985, Wis. Stats.,
the City Plan Commission shall hold a public hearing on the application.
In granting a conditional use, the Plan Commission may prescribe conditions
that it deems to be necessary to fulfill the purpose and intent of
this chapter. Such conditions may include special landscaping, architectural
design, type of construction, construction commencement and completion
dates, sureties, lighting, fencing, planting screens, operational
control, deed restrictions, highway access restrictions, increased
yards, parking requirements or any condition related to the standards
below. Preapplication conferences, amendments, expiration dates, and
reapplications of conditional use permits shall follow the same standards
as site plan reviews. The City Plan Commission must demonstrate that
its decision to approve or deny the permit is supported by substantial
evidence. Public testimony alone is not substantial evidence and cannot
be the sole basis for the commission to deny a conditional use permit.
"Substantial evidence" means evidence of such convincing power that
reasonable persons would accept it in support of a conclusion. Substantial
evidence does not include public comment that is based solely on personal
opinion, uncorroborated hearsay, or speculation. Once granted, a conditional
use permit shall remain in effect as long as the conditions upon which
the permit was issued are followed, but the City Plan Commission may
impose conditions, such as the permit's duration, transfer, or renewal,
in addition to any other conditions specified in this chapter. In
determining its findings, the Plan Commission shall take into account:
A. Proposed operation. No conditional use shall be approved by the Plan
Commission unless it finds that the use for which such permit is sought
will not be injurious to the neighborhood or otherwise detrimental
to the public welfare and will be in harmony with the general purpose
of this chapter and will not place demands on fire, police, or other
public resources in excess of current capacity.
B. Character and use of adjoining buildings and those in the vicinity.
The proposed conditional land use shall not involve uses, activities,
processes, materials, or equipment that would create a substantially
negative impact on other conforming properties in the area by reason
of traffic, noise, smoke, fumes, glare, and odors.
C. Utilities. The proposed conditional land use will be adequately served
by electric, water and sewer facilities and refuse collection and
disposal services.
The following public and semipublic uses shall be conditional
uses and may be permitted as specified.
A. Airports, airstrips, and landing fields in the A District or the
I3 District, providing that these facilities meet the regulations
contained in §§ 114.135 and 114.136, Wis. Stats.
B. Clubs, fraternities, lodges, and meeting places of noncommercial
nature in the agriculture and residential districts, provided all
principal structures and uses are not less than 25 feet from any lot
line.
C. Governmental and cultural uses such as administrative offices, fire
and police stations, community centers, libraries, public emergency
shelters, parks, playgrounds, and museums in all residential, agricultural,
business and industrial districts. All principal uses within parks
and playgrounds shall be 10 feet from all residential districts.
D. "Employee housing" — A dwelling or lodging unit with
overall living accommodations for persons who are employed at the
on-site or connecting business. Employee housing is permitted as a
conditional use in I zoning districts, subject to the following standards:
[Amended 2-22-2016 by Ord. No. 1826-16]
(1) That such dwellings are owned by the business.
(2) That such dwellings are managed by a resident manager employed by
the business which employs the residents.
(3) That residency is temporary and seasonal.
(4) That building design and landscaping matches the character of its
zoning district.
(5) That the development of more than 12 units shall require inclusion
of recreation facilities and open space. Examples may include children's
play equipment, basketball, or horseshoes.
(6) That adequate provision is made to monitor and enforce restrictions
on noise, parking, garbage disposal, exterior lighting and other conditions
that may be imposed through the conditional use permit process.
(7) That the housing is licensed and inspected by the state, when applicable.
E. Public passenger transportation terminals such as heliports, bus
and rail depots, except airports, airstrips, and landing fields, in
all business and industrial districts, provided all principal structures
and uses are not less than 100 feet from any residential district
boundary.
F. Public, parochial and private preschool, elementary and secondary
schools and churches in the residential and agricultural districts.
[Amended 6-28-2010]
G. Colleges, vocational schools, universities, hospitals, sanitariums,
religious, charitable, penal and correctional institutions, cemeteries
and crematories in the A and R Districts.
H. Bed-and-breakfast and boardinghouse establishments, provided that:
(1) The building is properly licensed under the laws of the State of
Wisconsin and/or Sauk County.
(2) All drives and parking areas shall be hard-surfaced.
(3) There shall be one off-street parking stall for each guest room.
All parking stalls shall be available on the premises or on adjoining
premises.
(4) Any signs shall comply with the sign requirements of the zoning district
where the establishment is located. Establishments in Residential
1 Districts shall comply with the sign requirements for home occupations.
(5) The building shall contain sufficient smoke alarms, fire extinguishers
and fire escapes as required by Wis. Adm. Code for multiple-family
dwellings.
I. All adult day-care centers and community and other living arrangements
as defined by state statute, provided that:
(1) Prior to issuance of a permit, a public hearing on that issuance
is held and notification of all property owners within 150 feet of
the exterior boundaries of the proposed site is provided to the property
owners by first class mail and a Class 1 notice.
(2) The proposed center is properly certified pursuant to state law.
(3) The center proposes to locate in an area permitted within its state
certification.
The following residential and quasi-residential uses shall be
conditional uses and may be permitted as specified.
A. Planned residential developments such as cluster developments, garden
apartments, townhouses and group housing in the R1, R2 and R3 Residential
Districts are permitted. The proper preservation, care and maintenance
by the original and all subsequent owners (of the exterior design)
of all common structures, facilities, utilities, access and open spaces
shall be assured by deed restrictions enforceable by the community.
The following provisions shall be complied with:
Development
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Minimum 10 Acres
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Lot
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Area
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Minimum of 2/3 of the minimum lot area for the district in which
located. Minimum 3,000 square feet for townhouses.
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Width
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Minimum of 2/3 of the minimum lot width for the district in
which located. Minimum 20 feet for townhouses.
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Building
|
Area
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Maximum lot coverage of 40%
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Yards
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Street
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Minimum 20 feet
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Rear
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Minimum 50 feet
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Side
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Minimum 20 feet from street right-of-way exterior property lines
of the development and other buildings.
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B. Rest homes, nursing homes, homes for the aged and clinics in the
R1 or R2 Residential Districts.
Mineral extraction operations, including washing, crushing,
or other processing, are conditional uses and may be permitted in
the I2 District, provided:
A. The application for the conditional use permit shall include an adequate
description of the operation; a list of equipment, machinery, and
structures to be used; the source, quantity and disposition of water
to be used; a topographic map of the site showing existing contours
with minimum vertical contour interval of five feet, trees, proposed
and existing access roads, the depth of all existing and proposed
excavations; and a restoration plan.
B. The restoration plan provided by the applicant shall contain proposed
contours after filling, depth of the restored topsoil, type of fill,
planting or reforestation, restoration commencement and completion
dates. The applicant shall furnish the necessary fees to provide for
the inspection and administrative costs and the necessary sureties
that will enable the county to perform the planned restoration of
the site in event of default by the applicant. The amount of such
sureties shall be based upon cost estimates prepared by the engineer,
and the form and type of such sureties shall be approved by the county's
legal counsel.
C. The conditional use permit shall be in effect for period not to exceed
two years and may be renewed upon application for renewal.
D. The zoning agency shall particularly consider the effect of the proposed
operation upon existing streets, neighboring development, proposed
land use, drainage, water supply, soil erosion, natural beauty, character,
and land value of the locality and shall also consider the practicality
of the proposed restoration plan for the site.
Mobile home parks shall be designed in accordance with the Ch.
SPS 326, Wis. Adm. Code. In addition, the following requirements shall
be complied with.
A. The minimum size of a mobile home park shall be five acres.
B. The minimum size lot per mobile home shall be 3,000 square feet.
C. The minimum width of a mobile home site shall be 40 feet.
D. The minimum distance between mobile home trailers shall be 20 feet.
E. The minimum distance between mobile home and service road shall be
10 feet.
F. Each mobile home site shall be connected to a public water supply
system and a public sewage disposal system or a private sewage disposal
and water system, in accordance with Ch. SPS 326, Wis. Adm. Code,
approved by the State Department of Safety and Professional Services.
G. All drives, parking areas and walkways shall be concrete or asphalt
surfaces. There shall be one parking space for each mobile home plus
additional parking spaces within the park for automotive vehicles,
the combined total of which shall be not less than 1 1/4 parking
spaces for each mobile home space.
H. The owner of a mobile home park or its agent may maintain a sales
office for new mobile home units. No more than two new units shall
be located within the park grounds. Laundries, washrooms, recreation
rooms, maintenance equipment storage and one office for the park are
also authorized. No other business or commercial use shall be located
within the site.
I. A minimum side yard setback of 40 feet at all front, side and rear
lot lines of the mobile home park is required. This section does not
apply to mobile home parks in existence at the time of this subsection
and shall meet the setbacks of its current zoning district.
[Amended 10-10-2022 by Ord. No. 1945-22]
J. Each mobile home park shall be completely enclosed, except for permitted
entrances and exits, by:
(1) A temporary plant with fast-growing characteristics, capable of reach
a height of 15 feet or more; or
(2) A permanent evergreen planting, the individual trees to be of such
a number and so arranged that, within 10 years, they will have formed
a dense screen. Such permanent planting shall be grown or maintained
to a height of not less than 15 feet.
K. All mobile homes shall meet the current construction standards of
42 U.S.C. §§ 5401 to 5426 (Title 42, Chapter 70, Manufactured
Home Construction and Safety Standards).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Except as otherwise provided in this chapter, no trailer shall
be occupied except in a federal, state or county camp or in a private
campsite. Private campsites shall meet the following conditions:
A. Each trailer site shall be plainly marked and surfaced.
B. Maximum number of trailer sites shall be 10 per acre.
C. All drives and parking areas other than those at individual trailer
sites shall be hard-surfaced.
D. Central toilet, shower and washing facilities shall be provided in
sufficient quantity, as determined by the State Department of Safety
and Professional Services requirements, in accordance with Ch. SPS
327, Wis. Adm. Code.
E. The water supply shall be approved by the State Department of Natural
Resources.
F. The manner of sewage disposal shall be approved by the State Department
of Safety and Professional Services.
G. No trailer shall be less than 50 feet from the front, side or rear
lot lines of the camp.
H. Marshland and shoreline areas shall not be altered.
[Amended 9-10-2012; 7-23-2018 by Ord. No. 1876-18; 1-10-2022 by Ord. No. 1932-21]
The City of Reedsburg recognizes the desire and/or need of some
citizens to use their residence for business activities in order to
reduce trip generation and to provide another economic development
tool, but it also recognizes the need to protect the surrounding areas
from adverse impacts generated by these business activities. This
section is intended for those uses that are the primary business of
the homeowner and/or contains commercial land use effects not consistent
with the surrounding residential area. It is not intended for infrequent
uses or gatherings that do not otherwise conflict with the intent
of this chapter.
A. Administration.
(1) Home businesses require conditional use permits and are those land
uses involving any of the following:
(a)
Has an additional on-site, nonresident employee who works at
and/or travels to and from the home site.
(b)
Has additional parking for or results in additional traffic
from customers and/or employees.
(c)
Receives commercial deliveries or pickups of materials or supplies
used in the home occupation.
(d)
Has outside storage and/or performance standards that exceed the standards for residential lots per Article
XVIII, Enclosures, and Article
XIX, Performance Standards.
(e)
Any other commercial-related activity the same as or similar to those listed in Subsection
B below.
(2) No home business shall be conducted until a conditional use permit
has been approved by the Plan Commission. The application shall include:
(a)
The type of business and business activities.
(c)
The vehicles used in the home occupation.
(d)
The number of expected customers per day.
(e)
The number of expected deliveries/drop-offs per day.
B. Conditional uses. It is recognized that this list may not be all-inclusive.
The Plan Commission shall determine whether a request is similar to
the following listed uses as part of its decision.
(1) Home office, including architects, counselors, clergy, doctors, dentists,
engineers, attorneys, contractors and accountants.
(2) Home studios, including artists, sculptors, musicians, photographers
and authors.
(3) Personal services, including barbershops and beauty parlors.
(4) Instructional services, including music, dance, art and craft classes.
(5) Repair services, including small appliances, small engines and computers/electronics.
(6) Workrooms, including weaving and woodworking.
(7) Day-care homes with more than eight children.
C. Standards. All home business requests shall meet the following standards
for approval in addition to the conditional use permit standards of
this chapter:
(1) Uses permitted herein shall only be approved for parcels occupied
by the parcel owner and which shall contain the owner's primary residence
or in an R1-, R2-, or B3-zoned rental dwelling unit with the owner's
consent.
(2) Home businesses shall be conducted within the principal residential
dwelling or permitted accessory building(s) and utilize less than
50% of the total dwelling floor area.
(3) Excluding day-care homes, customer visits and delivery vehicles are
limited to the hours of 8:00 a.m. to 7:00 p.m. The Plan Commission
may allow additional operating hours if they determine through findings
of fact that the hours are necessary and would not negatively affect
surrounding properties.
(4) Delivery vehicles are limited to passenger vehicles, mail carriers
and express carriers.
(5) Nonresident employees on the premises are limited to one at any one
time. The Plan Commission may allow one additional employee for day-care
homes if it determines through findings of fact that this would not
negatively affect surrounding properties.
(6) Home occupations shall not create traffic, visible displays, vibrations,
heat, noise, odors, dust, glare or other similar nuisances not normally
found in the surrounding area.
(7) Home occupations shall not generate waste volumes and/or types that
are not normally associated with residential use.
D. Conditional approvals. The Plan Commission may impose reasonable conditions with the approval of an application, pursuant to the preceding Subsection
C, Standards.
[Added 3-25-2019 by Ord.
No. 1883-19]
A. Zero lot line. A lot created with no side yard setback on one side
of the lot to create a shared building envelope between the two lots.
This shared building envelope shall only be used to build or divide
a duplex where the common wall between the two units is built, or
determined to be, the common boundary line to create two separate
attached single-family dwelling units.
B. Zero lot line construction. A development approach in which a building
is sited on one or more lot lines. Two-family (duplex) construction
is permitted in R-1 and R-2 Zoning Districts following site plan and
certified survey map or plat approval by the Plan Commission.
C. The standards of §
690-18, Schedule I shall apply. In addition the following standards shall apply and may supersede any that conflict with §
690-18.
(1)
Lot width at minimum building setback line: The aggregate widths
of both lots that a duplex occupies shall total not less than 80 feet.
No single lot width shall be less than 40 feet.
(2)
Lot area (each unit): Minimum 5,000 square feet for duplexes.
(3)
Principal building setback—side yard: Zero feet on side
yard(s) that includes the common wall(s) of the structure; the opposite
side yard shall be the same as for other residences in the zoning
district.
(4)
Each new unit shall have a separate water lateral connection,
meter and curb stop. Existing nonconforming units shall comply if
water or other utility service is altered in the future. The size,
type, and installation of water, sewer, electric and telecommunication
services shall be in accordance with plans and specifications approved
by the Reedsburg Utility Commission and Public Works Department.
(5)
The common wall between the units shall meet the requirements
of the current Wisconsin Building Code and shall extend from the basement
floor to the top of the roof. Compliance with such standards shall
be confirmed in writing before the building permit shall be issued.
(6)
The developer shall provide with the application a draft agreement
or covenant specifying:
(a)
Maintenance standards for the common wall.
(b)
Maintenance standards for any common lateral, utility service
and any other common features.
(c)
Restrictions against construction of detached single-family
residences on any of the affected lots in the event either or all
sides of the zero lot line construction dwelling are destroyed.
(d)
Such agreement shall provide that it may not be terminated,
amended or otherwise altered without the approval of the Plan Commission.
(e)
Such agreement shall be subject to Plan Commission approval,
and then recorded by the developer against all affected properties
and continually maintained by the property owners before the building
permit will be issued and the site plan approval takes effect.
(f)
When attached dwelling units are created, matters of mutual
concern to the adjacent property owners, due to construction, catastrophe,
and maintenance, shall be guarded against by private covenants and
deed restrictions and the approving authorities shall not be held
responsible for the same.
(7)
Fees are based on the City's site plan, CSM and plat reviews
plus any additional review costs incurred by the City for associated
engineering, legal and administrative expenses.
[Added 7-8-2019 by Ord.
No. 1886-19]
A. Definition. Townhouses are three or more dwellings connected by individual
or common sidewalls and forming a continuous group.
B. Approval process. Townhouses are conditional in R-2 Zoning and permitted
in R-3 Zoning Districts following site plan and certified survey map
or plat approval by the Plan Commission. Townhouses shall be developed
as a single project.
C. The standards of §
690-18, Schedule 1 shall apply. In addition the following standards shall apply and may supersede any that conflict with §
690-18:
(1)
Maximum of 10 dwelling units shall be contiguous.
(2)
Minimum lot width is 24 feet per unit.
(3)
Minimum lot size of 2,000 square feet per unit.
(4)
Minimum building setback:
(a)
Side yard: zero feet on side yard(s) that includes the common
wall(s) of the structure.
(d)
All yard setbacks shall meet those of the zoning district where
adjacent to neighboring properties but no less than 10 feet.
D. Accessory buildings shall be located in the rear yard only. An accessory
building shall not be located within 10 feet of the rear property
line or occupy more than 25% of the rear yard area.
E. Each new unit shall have a separate water lateral connection, meter
and curb stop. Existing nonconforming units shall comply if water
or other utility service is altered in the future. The size, type,
and installation of water, sewer, electric and telecommunication services
shall be in accordance with plans and specifications approved by the
Reedsburg Utility Commission and Public Works Dept.
F. The developer shall provide with the application a draft agreement
or covenant specifying:
(1)
Maintenance standards for the common wall.
(2)
Maintenance standards for any common lateral, utility service
and any other common features.
(3)
Restrictions against construction of detached single-family
residences on any of the affected lots in the event either or all
sides of the zero lot line construction dwelling are destroyed.
(4)
Such agreement shall provide that it may not be terminated,
amended or otherwise altered without the approval of the Plan Commission
and RUC.
(5)
Such agreement shall be subject to Plan Commission approval,
and then recorded by the developer against all affected properties
and continually maintained by the property owners before the building
permit will be issued and the site plan approval takes effect.
G. Fees are based on site plan, CSM and plat reviews plus any additional
review costs incurred by the City for associated engineering, legal
and administrative expenses.
[Added 7-8-2019 by Ord.
No. 1886-19]
A. Definition. Bungalow courts are multifamily housing developments
which contain four to 12 smaller, detached or attached housing units
arranged around a central court or green space.
B. Approval process. Bungalow courts are conditional in R-2 Zoning and
permitted in R-3 Zoning Districts following site plan approval by
the Plan Commission and shall be developed as a single project.
C. The standards of §
690-18, Schedule 1 shall apply. In addition the following standards shall apply and may supersede any that conflict with §
690-18:
(1)
Maximum height is 20 feet or 1 1/2 stories.
(2)
Minimum first floor area is 720 square feet; maximum first floor
area is 1,500 square feet.
(3)
Maximum garage size is 400 square feet per unit.
(4)
Maximum lot coverage for all buildings is 40%.
(5)
Minimum building setback:
(d)
All yard setbacks shall meet those of the zoning district where
adjacent to neighboring properties but no less than 10 feet.
D. Parking may be in or outside a structure, provided that:
(1)
The parking is screened from direct street view by one or more
street facades by garage doors, fencing or landscaping.
(2)
Parking shall be located to the rear of the principal structures
and served by an alley or private driveway and not located in the
front yard or common open space, as is feasible.
E. Each new unit shall have a separate water lateral connection, meter
and curb stop. Existing nonconforming units shall comply if water
or other utility service is altered in the future. The size, type,
and installation of water, sewer, electric and telecommunication services
shall be in accordance with plans and specifications approved by the
Reedsburg Utility Commission and Public Works Dept.
F. The developer shall provide with the application a draft agreement
or covenant specifying:
(1)
Maintenance standards for any common lateral, utility service
and any other common features.
(2)
Such agreement shall provide that it may not be terminated,
amended or otherwise altered without the approval of the Plan Commission
and RUC.
(3)
Such agreement shall be subject to Plan Commission approval,
and then recorded by the developer against all affected properties
and continually maintained by the property owners before the building
permit will be issued and the site plan approval takes effect.
G. Fees are based on site plan, CSM and plat reviews plus any additional
review costs incurred by the City for associated engineering, legal
and administrative expenses.