In order to accomplish the purposes of this chapter, it is necessary to give special study and consideration to certain uses, because they are of a special nature and may present special problems because of incompatibility with the neighboring land uses or because of special requirements applicable to a particular use. These uses are not automatically permitted in any district but may be allowed in certain districts upon study and approval of the specific use and compliance with the conditions imposed by the Town Board.
The Town Board may authorize the Town Clerk to issue a conditional use permit after the requirements of this article have been followed and a public hearing has been met.
Application for a conditional use permit shall be made on forms supplied by the Town Clerk, and available at the Town Hall. The following information shall be required:
A.
Names and addresses of the applicant, owner of the site, architect, planner, or engineer responsible for the design, contractor, and all adjacent property owners of record.
B.
Description of the area to be developed, including lot, block, recorded subdivision.
C.
The type of structure proposed, the use proposed, and the existing zoning classification.
D.
Plat of survey (in triplicate) showing the location boundaries, dimensions, elevations, uses and size of the following: subject site, existing and proposed structures, landscaping, natural ground features, easements, streets, and other public ways; off-street parking, loading areas, and driveways; existing highway access restrictions, existing and proposed street, side and rear yards, and existing and proposed easements. In addition, the plat of survey shall show the locations, elevation and use of any abutting lands and structures within 200 feet of the subject site.
E.
Additional information as may be required by the Plan Commission or the Town Board, or as indicated herein.
F.
Fee receipt from the Town Clerk in the amount specified in the Town's Fee Schedule, on file in the Town offices , except where exempted herein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A.
Public hearing. No more than 60 days after the filing of an application for a conditional use permit, a public hearing shall be held by the Plan Commission. Notice of the hearing shall be published as a Class 2 notice pursuant to Ch. 985, Wis. Stats. Written notice of the hearing shall be given to the applicant and any parties in interest and to all surrounding or adjoining landowners within 200 feet of the applicant's land at least 10 days before the hearing. The notice of hearing shall contain the date, time and place of the hearing, the street address or common description of the property involved, and a brief statement of the conditional use sought.
B.
Review and recommendation. The Plan Commission shall review the site and all aspects of the proposal, along with all provisions for circulation of traffic and extension of public utilities, and may recommend conditions necessary to accomplish the intent and purpose of this chapter. The Plan Commission shall thereafter provide to the Town Board its written recommendations to grant or deny the conditional use permit, and applicable conditions.
The Town Board may authorize the issuance of a conditional use permit, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the Town and Sheboygan County. Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal systems, higher performance standards, street dedication, certified survey maps, floodproofing, ground cover, diversions, silting basins, terraces, stream bank protection, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or additional parking may be required by the Town Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
An appeal of conditions imposed or of refusal to allow a conditional use under the provisions of this chapter may be submitted to the Board of Appeals under the regulations set forth in Article XI, Administration.
The Building Inspector shall revoke the conditional use permit if at any time there has been a failure to comply with the conditions imposed or if there has been a substantial change in the development, unless such change has been approved by the Town Board.
All other provisions of this chapter, such as lot dimensions, yards, building bulk restrictions, parking, loading, traffic circulation, and performance standards shall be observed with the granting of a conditional use. Variances shall only be granted as provided in Article XI, Administration.
Except where specifically permitted as principal uses, the following uses shall be conditional uses and may be permitted as specified. In approving or disapproving the location of a conditional use, the Town Board shall familiarize itself with the proposed site or sites and shall consider the Plan Commission's recommendations, based on such evidence as may be presented at the public hearing bearing upon the general purpose and intent of this chapter and upon the particular land use problems related to development of the site or sites as proposed.
The following uses shall be conditional uses and may be permitted in the Agricultural District.
A.
Airports and airstrips.
B.
Auditoriums, stadiums, arenas, armories or gymnasiums.
C.
Cemeteries.
D.
Churches, temples, and other places of worship.
E.
Dog kennels, dog day care facilities, dog grooming facilities and stables.
[Amended 8-2004 by Ord. No. 2004/05]
F.
Drive-in theaters, provided that a planting screen at least 25 feet wide is created along any side abutting a residential district and no access is permitted to or within 1,000 feet of any arterial street.
G.
Golf courses, including club houses located thereon, excluding miniature golf courses.
H.
Governmental and cultural uses, such as fire and police stations, community centers, libraries, parks, playgrounds, museums.
I.
Greenhouses and garden centers.
J.
Hatcheries.
K.
Hospital, sanitariums, nursing homes.
L.
Other compatible uses that may be interpreted by the Town Board as generally understood to be an agricultural/agriculturally related use.
M.
Propagation, boarding or butchering of animals, processing of meat products, packing plants, tanning and curing of raw hides.
N.
Public utilities engaged in the sale and delivery of gas, water, and telephone service, including equipment and facilities required for their distribution, regulation, and metering of such utilities in any district.
O.
Radio and TV towers.
P.
Recreation camps and parks.
Q.
Sanitary landfill.
R.
Storage of any kind, except that storage shall not include the accumulation of motor vehicles for salvage or otherwise or junk of any type.
The following uses may be conditionally permitted, except that issuance of a conditional use shoreland zoning permit (pursuant to the Shoreland-Floodplain Ordinance, Sheboygan County, Wisconsin) and/or Department of Natural Resources permits (pursuant to Wis. Stats. §§ 30.11, 30.12, 30.19, 30.195, and 31.05) may be required:
A.
Stream bank and shore protection and preservation.
B.
Piers and docks.
C.
Removal of peat or topsoil.
D.
Special crop farming.
E.
Utilities, such as telephone, telegraph, gas lines, and transmission lines.
F.
Nonresidential buildings used solely in conjunction with the raising of waterfowl, fish, and other lowland animals or crops.
[Amended 11-19-2002 by Ord. No. 2002/03; 8-2004 by Ord. No. 2004/05; 4-9-2024 by Ord. No. 040924; 4-9-2024 by Ord. No. 04092024-1]
The following uses shall be conditional uses and may be permitted in the R-Residence Districts:
A.
B.
C.
D.
Agricultural uses in R-2, R-3 and R-4, except as follows:
(1)
No building or enclosure in which farm animals and poultry are kept shall be nearer than 100 feet to any adjoining property line.
(2)
No storage of manure, odor- or dust-producing substances or use shall be permitted within 100 feet of any adjoining property line.
(3)
No swine, fur farms or feed lots shall be allowed.
(4)
No sale of products shall be allowed from any roadside stands.
(5)
All animals and poultry, except household pets, shall be kept within a structure or other enclosure. See § 335-67 for keeping horses.
(6)
Any other conditions deemed necessary to carry out the intent of this chapter.
E.
Hospitals, sanitariums, nursing homes, and homes for the aged in R-2, R-3 and R-4, subject to the following:
(1)
The proposed site and site development does not in any way tend to prevent the use of adjacent land for permitted principal uses of the district.
(2)
Side and rear yards shall be screened from adjacent uses within R-2 District through the use of planting, landscaping, or decorative fending.
(3)
The site shall be easily accessible through the use of adjacent streets without causing a substantial increase in traffic on streets intended and designed only for local residential traffic.
(4)
Off-street parking for all staff employees, patients, and visitors must be provided.
F.
Governmental and cultural uses, such as fire and police stations, community centers, libraries, parks, playgrounds, museums in R-2, R-3, R-4 and R-5 Districts.
G.
Auditoriums, stadiums, arenas, armories, or gymnasiums in R-3 and R-4 Districts.
H.
Manufactured homes in the R-4 District, subject to the following conditions:
(1)
Manufactured home communities.
(a)
A manufactured home community shall be located on a well-drained site consisting of at least 10 acres, properly graded to insure rapid drainage and freedom from stagnant pools of water.
(b)
Community or municipal sewer and water facilities must be provided directly to each manufactured home space.
(c)
Each manufactured home community shall provide manufactured home spaces, and each such space shall be clearly defined and delineated. Each space shall have an area of not less than 2,000 square feet and a width of not less than 30 feet. The average size of all manufactured home spaces in a manufactured home community shall not be less than 3,000 square feet, and the average width of all such spaces in a manufactured home community shall not be less than 40 feet.
(d)
Manufactured homes shall be located so that there is at least a twenty-five-foot clearance between manufactured homes; provided, however, that with respect to manufactured homes parked end to end, the end-to-end clearance may not be less than 15 feet.
(e)
No manufactured home shall be located closer than 40 feet from any community building, including any washroom, toilet, or laundry facilities within a manufactured home community or from any property line of a manufactured home community.
(f)
Each manufactured home community shall devote at least 25% of its total area to open space, provided for the recreational uses and enjoyment of the occupants of a manufactured home community.
(g)
All manufactured home spaces shall abut upon a paved driveway of not less than 20 feet in width, which shall have unobstructed access to a public street, alley, or highway.
(h)
No manufactured home shall be located less than 100 feet from any property line or county trunk or Town highway, and wherever a manufactured home community abuts upon any property outside a manufactured home community that is classified for residential uses (except property used for nonresidential uses or for a manufactured home community), then no manufactured home shall be placed closer than 200 feet from such boundary. The 200-foot setback required by this subsection shall be planted and landscaped so as to screen a manufactured home community from the abutting property.
(i)
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residence district or upon any public street or park.
(j)
In all other respects, manufactured home communities shall comply with all of the applicable statutes of the State of Wisconsin, and all applicable regulations of all departments, commissions, and agencies of the State of Wisconsin.
(k)
Screening shall be utilized on all sides of a manufactured home community. Consideration shall be given to topography, large trees, vegetation, site design, and land uses in the evaluation of the extent of required screening. Whenever screening is required, either a durable masonry wall, fence or berm, natural planting and landscaping, designed to be compatible with the character of adjoining properties, shall be provided. Walls and fences shall be at least five feet in height, but not greater than six feet in height, measured from the ground along the common lot line of adjoining properties. Hedges or comparable natural plantings shall be planted at an initial height of at least three feet and shall be of such variety that an average height of at least six feet could be expected within no later than two years from the time of planting.
(l)
For each manufactured home there shall be constructed a permanent patio located adjacent to or attached to the manufactured home stand, and such patio shall be of the following characteristics:
(m)
A walkway shall be constructed for each manufactured home space and shall connect the parking bay and the patio where parking is provided for on the manufactured home space, and shall connect the patio and the drive where community parking areas are provided.
(n)
Parking areas for mobile vehicles shall be provided at a ratio of two parking spaces for each manufactured home living unit. Parking may be provided on the manufactured home space or in community bays. Each parking space shall be at least 180 square feet in area, have a minimum width of 8 1/2 feet, and shall be surfaced with at least four inches of compacted crushed stone.
(2)
Manufactured home subdivision. A manufactured home subdivision may be created by converting a manufactured home community to a manufactured home subdivision. A manufactured home subdivision is a parcel of land to be divided into three or more lots for the purpose of siting thereon three or more manufactured homes to be used as single-family residences on said lots that may be owned by the manufactured home owner. Manufactured home communities, as set forth in § 335-61H(1), may be converted to a manufactured home subdivision subject to the following conditions; provided, however, these conditions shall be superseded by variances, approvals, development agreements, permits, and agreements that have been granted, issued, or entered into for the existing manufactured home community:
(a)
A manufactured home subdivision shall be located on a well-drained site consisting of at least 10 acres, property graded to insure rapid drainage and freedom from stagnant pools of water.
(b)
Community or municipal sewer and water facilities must be provided directly to each lot.
(c)
Each manufactured home subdivision shall provide lots that are platted in accordance with Chapter 337, Subdivision and Land Development, of the Town Code. Each lot shall have an area of not less than 2,000 square feet and a width of not less than 30 feet. The average size of all manufactured home subdivision lots shall not be less than 3,000 square feet, and the average width of all such spaces in a manufactured home subdivision shall not be less than 40 feet.
(d)
There shall be no more than one dwelling unit on each lot.
(e)
Manufactured homes shall be located so that there is at least a twenty-five-foot clearance between manufactured homes; provided, however, that with respect to manufactured homes parked end to end, the end-to-end clearance may not be less than 15 feet.
(f)
No manufactured home shall be located closer than 40 feet from any subdivision community building, including any washroom, toilet, or laundry facilities within a manufactured home subdivision.
(g)
Each manufactured home subdivision shall devote at least 25% of its total area to open space, provided for the recreational uses and enjoyment of the occupants of a manufactured home subdivision.
(h)
All lots shall abut upon a paved driveway of not less than 20 feet in width, which shall have unobstructed access to a public street, alley, or highway.
(i)
No manufactured home shall be located less than 100 feet from any county trunk or Town highway and wherever a manufactured home subdivision abuts upon any property outside a manufactured home subdivision that is classified for residential uses (except property used for nonresidential uses or for a manufactured home subdivision), then no manufactured home shall be placed closer than 100 feet from such boundary. The 100-foot setback required by this subsection shall be planted and landscaped so as to screen a manufactured home subdivision from the abutting property.
(j)
Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any property located in a residence district or upon any public street or park.
(k)
In all other respects, manufactured home subdivisions shall comply with all of the applicable statutes of the State of Wisconsin and all applicable regulations of all departments, commission, and agencies of the State of Wisconsin.
(l)
Screening shall be utilized on all sides of a manufactured home subdivision. Consideration shall be given to topography, large trees, vegetation, site design, and land uses in the evaluation of the extent of required screening. Whenever screening is required, either a durable masonry wall, fence, or berm, natural planting and landscaping, designed to be compatible with the character of properties adjoining a manufactured home subdivision, shall be provided. Walls and fences shall be at least five feet in height, but not greater than six feet in height, measured from the ground along the common lot line of properties adjoining a manufactured home subdivision. Hedges or comparable natural plantings shall be planted at an initial height of at least three feet and shall be of such variety that an average height of at least six feet could be expected within no later than two years from the time of planting.
(m)
A walkway shall be constructed for each lot and shall connect the parking bay and the patio where parking is provided for on the lot.
(n)
Parking areas for mobile vehicles shall be provided at a ratio of two parking spaces for each manufactured home living unit. Parking shall be provided on each lot. Each parking space shall be at least 180 square feet in area, have a minimum width of 8 1/2 feet, and shall be surfaced with at least four inches of compacted crushed stone.
I.
Planned residential developments, such as cluster developments, in the R-3 Residential District and garden apartments, row housing, and group housing in the R-4 Residential District.
(1)
The district regulations governing population density and/or building intensity may be varied, provided other provisions are incorporated in the plan, which would significantly enhance the character of the development, and provided the average intensity and density of land use shall be no greater than that required in the district in which it is located.
(2)
(3)
Common open spaces shall be reserved by a legally binding agreement and may be in the form of land located within the planned district, land located near the planned district, or funds which the Town shall use for the acquisition and development of public open space located near the district for the enjoyment and use of the public. If the common open space is not dedicated for public use, legal agreements shall include an open space easement granted to the Town and provision for adequate future maintenance.
(4)
The following provision shall be complied with:
Development | Minimum 10 acres. | |
Lot | Area | Minimum of 2/3 of the minimum lot area for the district in which located; minimum 3,000 square feet for row houses |
Width | Minimum of 2/3 of the minimum lot width for the district in which located; minimum 20 feet for row houses | |
Building | Area | Minimum building area for the district in which located |
Height | Maximum of 35 feet | |
Rooms | All living rooms shall have windows opening onto a yard | |
Yards | Street | Minimum 20 feet |
Rear | Minimum 50 feet | |
Side | Minimum 20 feet from street rights-of-way, exterior property lines of the development, and other buildings |
(5)
The development as authorized shall be subject to all conditions so imposed and shall be excepted from other provisions of this chapter only to the extent specified in the authorization.
(6)
The report of the Plan Commission to the Town Board shall be in writing and shall include a finding as to whether the proposed development is consistent with the Comprehensive Plan of the Town.
(a)
The proposed residential development must be designated to produce a stable and desirable environment not out of harmony with the surrounding neighborhoods and must provide standards of open space and parking adequate for the occupancy proposed. It must include provisions for open space to meet the needs of the anticipated population, or as specified in the Comprehensive Plan of the Town of Sheboygan.
(b)
The conditional use of this category may contain a professional or limited commercial use as an integral part of a residential development, but such uses shall be planned primarily for the service and convenience of the residents of the planned residential development, and shall be authorized only to the extent that such uses are not available to the residents in reasonable proximity.
(c)
The Town Board may approve the plan if it finds that:
[1]
The proposed uses will not be detrimental to present and potential uses in the area surrounding the proposed district.
[2]
Existing and future highways are suitable and adequate to carry anticipated traffic associated with the proposed district.
[3]
Existing and future utilities are or will be adequate for the proposed development.
[4]
The development plan complies with the requirements of this chapter.
(d)
The permit, when authorized, shall be for a term of two years from the date of issue. At the end of two years, the Town Board shall review the progress of the planned residential development and, upon finding that development is in substantial accord with the permit, shall authorize a renewal of the permit for an additional period of its own determination. Upon a finding that there had not been substantial authorized development within the area, the Town Board may refuse to renew the permit, except when the developer shows good cause for such failures. The planned residential development may be amended when authorized at the discretion of the Town Board.
The following uses shall be conditional uses and may be permitted in the B-Business Districts.
A.
B-1 District.
(1)
Apartments and general residential use incidental to main purpose of building in B-1 District.
(2)
Self-service laundries and dry-cleaning establishments and pickup stations in B-1 District.
(3)
Packaged beverage stores and personal service establishments.
(4)
Dog day care and dog grooming facilities.
[Added 8-2004 by Ord. No. 2004/05]
B.
B-2 District.
(1)
Any use permitted in B-1 District.
(2)
All types of otherwise lawful retail sales and services.
(3)
Garden centers and greenhouses.
(4)
Taverns and cocktail lounges.
(5)
Restaurants.
(6)
Theaters, not including outdoor drive-in theaters.
(7)
Bowling alleys.
(8)
Laundry and dry-cleaning establishments.
(9)
Radio and television repair shops.
(10)
Banks, savings and loan, and credit union establishments, including drive-in banking facilities.
[Amended 7-2000 by Ord. No. 1999/00]
(11)
Radio and television broadcasting stations, excluding towers and relay equipment.
(12)
Wholesale establishments confined to indoor storage.
(13)
Indoor storage and warehouses.
(14)
General retail merchandise and food stores.
(15)
Public passenger transportation terminals.
(16)
Motels, hotels, and tourist courts in the B-2 and B-3 Districts.
(17)
Mobile home and trailer sales and rental in B-2 and B-3 Districts, but not including the use of any mobile home as a residence.
D.
B-4A District (Planned Business Park Office and Light Industrial).
(1)
Banks, savings and loan establishments, except drive-in banking facilities.
(2)
Radio and television broadcasting stations, excluding tower and relay equipment.
(3)
Wholesale establishments confined to indoor storage.
(4)
Indoor storage and warehouses.
(5)
Private clubs and fraternal organizations.
(6)
Motels and hotels.
(7)
Contractor's and construction offices, and shops.
(8)
Machine shops and metal products manufacturing and tool and die shops, provided they do not include drop forges or riveting machines.
(9)
Manufacturing and/or assembling products from substances such as wood, cork, glass, leather, fur, plastic, felt, and other textiles.
(10)
Manufacturing of electronic products and components.
(11)
Printing and binding plants.
(12)
Radio and television broadcasting stations and electronic equipment.
(13)
Research laboratories.
(14)
Business service establishments.
(15)
Personal services.
(16)
Packing and packaging plants.
(17)
Public passenger transportation terminals.
(18)
Indoor storage and warehouses.
E.
B-4C Districts (Planned Business Park Commercial).
(1)
Automobile service stations, automobile laundries, automobile repair stations and garages, automobile sales and rentals.
(2)
Restaurants and drive-in restaurants serving food or beverages for consumption outside the structure and on the premises.
(3)
Mortuaries and funeral parlors, but not including crematoriums.
(4)
Planned shopping center developments.
(5)
Drive-in banking facilities maintained in conjunction with a bank or financing institution.
(6)
Hotels and motels.
(7)
Private clubs and fraternal organizations.
F.
In all B-4 Districts.
(1)
Public utilities engage in the sale and delivery of gas, water, and telephone service, including equipment and facilities required for their distribution, regulation, and metering of such utilities.
(2)
No building shall be used for residential purposes, except that accommodation may be offered to the transient public by motels or hotels.
G.
Multiuse zoning. Planned Business Park District may be zoned for multi-uses, which shall be designated by scaled map designating the specific uses as listed in this section.
The following uses shall be conditional uses and may be permitted in I-1 and I-2 Industrial Districts:
A.
Incinerators, tool houses and sewage treatment plants.
B.
Sand, gravel, and mineral extraction. Sand, gravel, and mineral extractions including washing, crushing, and other processing:
(1)
The application for the conditional use permit shall include: adequate description of the operations; 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.
(2)
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 Town's inspection and administrative costs and the necessary sureties which will enable the Town 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 Town Engineer, and the form and type of such sureties shall be approved by the Town Attorney.
(3)
The conditional use permit shall be in effect for a period not to exceed two years and may be renewed upon application for a period not to exceed two years. Modifications or additional conditions may be imposed upon application for renewal.
(4)
Particular consideration shall be given to 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 of the site.
C.
Public passenger transportation and terminals, radio and television towers.
D.
Crematoriums.
E.
Dumps and disposal areas:
(1)
That they are properly licensed or are fully qualified for licensing under state statute and Town ordinance.
(2)
The Plan Commission may recommend and the Town Board may prescribe other conditions as to access roads, landscaping, sun and wind orientation, pedestrianway treatment, fencing, regulations for covering, and sanitation and parking facilities.
F.
Automobile wrecking and junkyards, provided as follows:
(1)
They are enclosed around the entire perimeter by a solid fence of heights sufficient to effectively screen the scrap material.
(2)
That said fence shall be located at least 750 feet from any public road or highway, lake, or stream and not less than 1/2 mile from the boundary of any residential district.
(3)
That they are properly licensed or are fully qualified for licensing under state statute and Town ordinance.
(4)
The Plan Commission may recommend and the Town Board may prescribe other conditions as to access roads, landscaping, sun and wind orientation, pedestrianway treatment, and parking facilities.
G.
Building material sales and storage.
H.
Business offices.
I.
Contractors' and construction offices, shops and yards.
J.
Machinery sales.
K.
Machine shops and metal products manufacturing and tool and die shops, provided they do not include drop forges or riveting machines.
L.
Manufacturing and/or assembling products from substances such as wood, cork, glass, leather, fur, plastic, felt, and other textiles.
M.
Manufacturing of electronic products and components.
N.
Printing and binding plants.
O.
Radio and television broadcasting stations and electric equipment.
P.
Research laboratories.
Q.
Warehouses and storage yards, not including scrap or junkyards.
R.
Wholesale outlets.
The following uses shall be conditional uses and may be permitted in I-2 Industrial District only:
A.
Refining or manufacturing of petroleum or petroleum products, fuel storage such as coal yards.
B.
Foundries, forge plants, or drop forges.
C.
Stockyards or commercial slaughter of animals or commercial rendering.
D.
Manufacture or storage of explosives or fireworks, manufacture of acids, or the manufacture of fertilizer.
E.
Amusement parks.
F.
Propagation, boarding or butchering of animals, processing of meat products, packing plants, tanning and curing or raw hides.
G.
All other uses not specifically indicated as permitted or conditional uses in other districts.
Industrial and related uses: Commercial service facilities such as restaurants and fueling stations in the I-1 and I-2 Districts, provided that all such services are physically and elsewise oriented toward industrial district users and employees, and other users are only incidental customers.
The following uses shall be conditional uses in all districts:
A.
Public utilities engaged in the sale and delivery of gas, water, and telephone service, including equipment and facilities required for their distribution, regulation and metering of such utilities in any district.
B.
Municipal earth landfill operations.
C.
Barbershops and beauty salons, except where specifically permitted.
D.
Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, cemeteries, and museums, in all districts.
E.
Public, parochial, and private elementary and secondary schools and churches in all residential, business, and park districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line.
The keeping of horses in all districts, except an A-1 Agricultural District, is prohibited, except as follows:
A.
Nonconforming use. All areas or lands, except in Agricultural Districts, used for stabling, raising, breeding, or grazing of horses at the effective date of this chapter (8-1-1968) shall be considered a nonconforming use and shall be governed as such under Article X.
B.
Conditional use. No horses shall be allowed in any district, except an A-1 Agricultural District, without applying for and receiving a conditional use permit for the stabling and grazing only of horses kept for private recreational purposes.
C.
General restrictions on permit. Restrictions on the general use permit shall include the following:
(1)
Buildings. All horses shall be stabled in a roomy, well-ventilated building equipped with stalls and suitable hygienic floor.
(2)
Fly and insect control. Said building shall have screened doors and windows; necessary spraying or mechanical control of flies and insects shall be mandatory.
(3)
Number of horses allowed. The number of horses kept under this permit shall not exceed four.
(4)
Pasture lands. No permit shall be issued unless there is available for paddocks or pasture use at least one acre of land for each horse located thereon.
(5)
Manure handling. Suitable covered containers shall be provided for manure. Manure and cleanings shall be removed from the premises weekly and shall not be used as fertilizer on the paddock, pasture area, or owner's lot.
(6)
Feed and supplies. Grain shall be kept within covered metal containers and all hay and straw shall be kept within the building.
(7)
Fences. Applicant, owner, or occupant of said land shall be responsible for the construction of proper fences so as to control horses and prevent said animals from reaching into a neighbor's yard or destroying plants, trees, shrubs, or other vegetation on the neighbor's property.
(8)
Rat control. The presence of rats on the premises shall be considered a violation of this permit.
(9)
Breeding of horses. The breeding of horses on premises is prohibited. Mares may foal if property facilities are present.
(10)
Definition. "Horse" shall mean and include within its meaning ponies, foals, colts, mules, or donkeys.
(11)
Other restrictions. The Town Board may set forth other requirements for the issuance of said permit as it deems necessary from time to time to conform with the intent and purpose of this chapter.
D.
Violation. A violation of any permit restrictions as set forth herein and as determined by the Town Board shall be deemed a revocation of said permit, and said use as a stable shall be removed immediately. Nothing in this section shall be deemed to give the owner, applicant, or occupant of said lands a vested interest in the use established in said permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A.
Title. This section shall be known and cited as the "Town of Sheboygan Mobile Tower Siting and Co-location Ordinance."
B.
Purpose. The purpose of this section is to regulate by zoning permit 1) the siting and construction of any new mobile service support structure and facilities; 2) with regard to a Class 1 co-location, the substantial modification of an existing support structure and mobile service facilities; and (3) with regard to a Class 2 co-location, co-location on an existing support structure which does not require the substantial modification of an existing support structure and mobile service facilities.
C.
Authority. The Town Board has the specific authority under Wis. Stat. §§ 60.62, 61.35, 62.23, and 66.0404 to adopt and enforce this section.
D.
Definitions. All definitions contained in Wis. Stat. § 66.0404(1) are hereby incorporated by reference.
E.
Siting and construction of any new mobile service support structure and facilities.
(1)
Application process.
(a)
A Town zoning permit is required for the siting and construction of any new mobile service support structure and facilities. The siting and construction of any new mobile service support structure and facilities is a special use in the Town obtainable with this permit.
(b)
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
A construction plan which describes the proposed mobile service 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.
[5]
An explanation as to 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 the 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.
(c)
A permit application will be provided by the Town upon request to any applicant.
(d)
New construction of a mobile service support structure and facilities is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
(e)
If an applicant submits to the Town 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 Town shall consider the application complete. If the Town does not believe that the application is complete, the Town shall notify the applicant in writing, within 10 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.
(f)
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree in writing to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the Town Building Code and, subject to the limitations in this section, zoning ordinances.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(g)
The Town 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 E(1)(b)[5].
(h)
If an applicant provides the Town 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 Town provides the applicant with substantial evidence that the engineering certification is flawed.
(i)
Permit fee. The fee for a permit for siting and construction of any new mobile service support structure and facilities shall be $3,000.
F.
Class 1 co-location (substantial modification of a mobile service support structure and mobile service facilities).
(1)
Application process.
(a)
The Town zoning permit is required for a Class 1 co-location. A Class 1 co-location is a special use in the Town obtainable with this permit.
(b)
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
[1]
The name and business address of, and the contact individual for, the applicant.
[2]
The location of the proposed or affected support structure.
[3]
The location of the proposed mobile service facility.
[4]
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.
(c)
A permit application will be provided by the Town upon request to any applicant.
(d)
A Class 1 co-location is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
(e)
If an applicant submits to the Town 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 Town shall consider the application complete. If the Town does not believe that the application is complete, the Town shall notify the applicant in writing within 10 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.
(f)
Within 90 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree, in writing, to an extension of the ninety-day period:
[1]
Review the application to determine whether it complies with all applicable aspects of the Town Building Code and, subject to the limitations in this section, zoning ordinances.
[2]
Make a final decision whether to approve or disapprove the application.
[3]
Notify the applicant, in writing, of its final decision.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(g)
If an applicant provides the Town 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 Town provides the applicant with substantial evidence that the engineering certification is flawed.
(h)
Permit fees. The fee for a permit for a Class 1 co-location shall be $3,000.
G.
Class 2 co-location (minor modification to existing support structure and mobile service facilities).
(1)
Application process.
(a)
A Town zoning permit is required for a Class 2 co-location. A Class 2 co-location is a permitted use in the Town obtainable with this permit.
(b)
A written permit application must be completed by any applicant and submitted to the Town. The application must contain the following information:
(c)
A permit application will be provided by the Town upon request to any applicant.
(d)
A Class 2 co-location is subject to the same requirements for the issuance of a building permit to which any other type of commercial development or land use development is subject.
(e)
If an applicant submits to the Town 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 Town shall consider the application complete. If any of the required information is not in the application, the Town shall notify the applicant in writing, 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.
(f)
Within 45 days of its receipt of a complete application, the Town shall complete all of the following or the applicant may consider the application approved, except that the applicant and the Town may agree, in writing, to an extension of the forty-five-day period:
[1]
Make a final decision whether to approve or disapprove the application.
[2]
Notify the applicant, in writing, of its final decision.
[3]
If the application is approved, issue the applicant the relevant permit.
[4]
If the decision is to disapprove the application, include with the written notification substantial evidence which supports the decision.
(g)
Permit fee. The fee for the permit for a Class 2 co-location shall be the lessor of $500 or the amount charged by the Town for a building permit for any other type of commercial development or land use development.
H.
Location of mobile service support structures and facilities.
(2)
Notwithstanding the above, the Town may approve any site located within an area enumerated above, provided that the Town finds that the proposed site is in the best interest of the health, safety and welfare of the Town and its inhabitants and will not have a deleterious effect on property values or on the nature and character of the community and neighborhood.
(3)
Notwithstanding that a potential site may be situated in an area enumerated above, the Town may disapprove an application for any of the following reasons.
(a)
Conflict with safety and safety-related codes and requirements;
(b)
Conflict with the historic nature or character of a neighborhood or historical district;
(c)
The use or construction of mobile service support structures and facilities which are contrary to an already stated purpose of a specific zoning or land use designation;
(d)
The mobile service support structure and facilities would be incompatible with the uses, values, and enjoyment of the other property in the area or otherwise incompatible with Town zoning ordinances;
(e)
Will likely have a negative impact on property values.
I.
Lot size and setbacks. All proposed mobile service support structures shall be set back from abutting residential zoned parcels a distance equal to the height of the proposed mobile service support structure or the setback requirement of the underlying zoning district, whichever is greater. Any mobile service facilities shall be located so as to comply with the applicable minimum setback requirements for the property on which it is situated.
J.
Public hearing and notification requirements.
(1)
Prior to the approval of any application for the siting and construction of any new mobile service support structure or mobile service facilities or Class 1 co-location, a public hearing shall be held by the Town, notice of which shall be published in the official newspaper of the Town no less than 10 calendar days prior to the scheduled date of the public hearing.
(2)
There shall be no public hearing required for an application for a Class 2 Co-location.
K.
Penalty provisions. Any person, partnership, corporation, or other legal entity that fails to comply with the provisions of this section shall, upon conviction, pay a forfeiture of not less than $100 nor more than $500, plus the applicable surcharges, assessments, and costs for each violation. Each day a violation exists or continues constitutes a separate offense under this section. In addition, the Town Board may seek injunctive relief from a court of record to enjoin further violations.
L.
Severability. If any provision of this section or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable.