The purpose of these requirements is to minimize potential negative
impacts from certain uses and to promote compatibility between particular
uses and surrounding uses.
In addition to complying with other regulations established
in this chapter, these requirements must be met for each specific
use. These requirements shall override any requirements which are
described elsewhere in this chapter for the zoning districts, but
only to the extent that they conflict with and are more restrictive
than such requirements.
A.
Agriculture.
(1)
Nonresidential accessory buildings or structures used solely in conjunction
with the agricultural use on the property or an adjacent property
in common ownership may be constructed prior to a principal structure
or residence (e.g., sugar shacks, agricultural storage buildings,
barns, etc.).
(2)
Buildings or structures in which livestock are kept shall be located
a minimum of 2,000 feet from any residential or business zoning district.
(3)
Swine farming and fur farming shall be prohibited in the Conservancy
(C-1) District.
B.
Accessory agriculture.
(1)
Such use shall only be permitted as an accessory use to a principal
residential use or as an accessory use to a principal school/college/university
land use.
(3)
Beekeeping shall only be permitted as an accessory use to a school/college/university
land use.
(4)
The keeping of poultry hens and beekeeping shall be subject to the requirements of § 128-21 of the Code of the Village of Mishicot.
(5)
Such use may involve the construction of a greenhouse and/or other
accessory structures incidental to such accessory agriculture use,
subject to the applicable provisions of this chapter.
C.
Commercial greenhouse.
(1)
Outdoor storage and display shall be prohibited except as follows:
(a)
Outdoor display of products and materials for retail sale may
be allowed at the discretion of the Village Board.
(b)
Outdoor storage of equipment and materials may be allowed at
the discretion of the Village Board, provided such equipment and materials
are screened from rights-of-way and adjacent properties through means
such as vegetation/shrubbery, fences, walls, enclosures, etc.
C.
Outdoor shooting range/gun club.
(1)
The club or range and any structure associated with the club or range
must be located so that the use of a firearm on the premises does
not create a nuisance or danger to any person or property on any adjacent
parcel.
(2)
Accessory uses, such as a bar, dining facility, kitchen, or storage
shed that is incidental to the operation of the club or range, may
be allowed.
A.
Two-family residence (duplex).
(1)
In the General Business (B-1) and Community Business (B-2) Districts,
two-family residences shall comply with the following requirements:
B.
C.
Accessory dwelling unit.
(1)
Not more than one accessory dwelling unit shall be permitted per
lot.
(2)
Accessory dwelling units shall be attached to a single-family residence
via a common wall and/or enclosed breezeway.
(3)
Accessory dwelling units shall comply with the setbacks as required
for principal structures.
(4)
Accessory dwelling units shall have a consistent exterior design
theme as the single-family residence to which it is attached.
(5)
Minimum and maximum floor area for accessory residences shall be provided per § 395-24 of this chapter.
(6)
A minimum of one off-street parking space shall be provided in addition to the required parking spaces for the single-family residence and any other use(s) on the property requiring off-street parking per Article V of this chapter.
(7)
Occupancy of the accessory dwelling unit shall not be allowed until
a certificate of occupancy is obtained for the primary residence.
(8)
Accessory dwelling units shall not be used for short-term rentals.
(9)
Accessory dwelling units shall not be conveyed or separated in ownership
from the primary residence on the lot.
(10)
Accessory dwelling units shall contain permanent provisions
for living, sleeping, eating, cooking, and sanitation (i.e., living
area, bedroom, kitchen, and bathroom).
E.
Short-term rentals (STR).
(1)
State and county license. An STR is subject to licensing requirements
contained in Ch. ATCP 72, Wis. Admin. Code (e.g., state tourist rooming
house license) and the Manitowoc County Public Health Ordinance.
(2)
Occupancy limit. Occupancy is limited to no more than two persons
per bedroom, plus two additional persons, per structure, and may not
exceed a total of 12 persons.
(3)
Required inspection for public safety. Before the issuance of any
conditional use permit, an inspection of the residential structure
shall occur by the Village's Building Inspector. All STR rooms
for rent shall be UDC (Uniform Dwelling Code) compliant. Inspections
may be required every five years at a minimum, by discretion of the
Village.
(4)
Parking.
(a)
All vehicle parking shall occur on-site. No on-street parking
shall be permitted.
(b)
The owner shall provide sufficient off-street parking for all
daytime visitors, and shall provide off-street parking on the parcel
or lot for each vehicle that is parked overnight.
(c)
The maximum number of vehicles that may be parked on the property
overnight is six.
(5)
The owner of a short-term rental must keep a register detailing the
use of the premises. The register must include, at a minimum, the
name, address, and telephone number of each guest using the property
and the license number of each vehicle that is parked on the property.
A copy of the register must be made available to the Village upon
request.
(6)
It is unlawful for any person to use or allow another person to use
a camper, motor home, recreation vehicle, trailer, or any other means
to provide overnight accommodations outside of the principal structure
on the premises of a short-term rental.
(7)
The Village Board may impose conditions intended to reduce the impact
of the proposed use on neighboring properties. The conditions may
include, but are not limited to, the installation of a fence or vegetative
screening along a property line, or the imposition of specified quiet
hours.
F.
Boardinghouse.
(1)
No boardinghouse or rooming house may contain or be occupied by more
than 10 boarders.
(2)
One off-street parking space shall be provided for every two sleeping
rooms contained in each residence in addition to the parking required
for the manager or permanent household.
(3)
The minimum lot area required shall be as specified in the zoning
district in which the boardinghouse or rooming house is located, plus
500 square feet for each sleeping room provided beyond that which
is required for the owner or managers.
(4)
The boardinghouse or rooming house must meet all other applicable
state, county or Village codes and regulations.
G.
Accessory residence.
(1)
Accessory residences shall be subject to the regulations herein and
shall not be regulated as single-family residences, two-family residences,
multifamily residences, or accessory dwelling units.
(2)
Accessory residences may be attached or detached dwelling units.
(3)
The setbacks shall be the required setbacks for principal structures.
(4)
One parking space shall be provided for each residential unit.
(5)
Minimum and maximum floor area for accessory residences shall be provided per § 395-24 of this chapter.
(6)
Accessory residences shall contain permanent provisions for living,
sleeping, eating, cooking, and sanitation (i.e., living area, bedroom,
kitchen, and bathroom).
A.
Special event.
(1)
Activities shall not obstruct pedestrian or vehicular circulation,
including vision clearance triangles.
(2)
Adequate parking, drinking water, toilet facilities, and crowd control
shall be provided.
(3)
If the subject property is located within or adjacent to a residentially-zoned
area, activities shall be limited to daylight hours, unless approved
for longer hours at the discretion of the Village Board.
(4)
Special events shall not exceed 14 total days in a calendar year
nor seven consecutive days on any single parcel or lot.
C.
Home occupation. A home occupation use shall comply with the following
special requirements:
(1)
No persons other than residents of the dwelling unit on the premises
shall be engaged in home occupations. Other persons may be employed
by the home occupation, but shall not work on the premises.
(2)
The use of the dwelling unit and/or its attached garage for the home
occupation shall be clearly incidental and subordinate to its use
for residential purposes by its occupants.
(3)
A home occupation may be conducted in a dwelling unit and/or its
attached garage, subject to the following floor area limitations:
(a)
Not more than 25% of the gross floor area of any one floor of
the dwelling unit (including the basement or cellar) shall be used
in the conduct of the home occupation.
(b)
The total floor area used in the conduct of the home occupation
(within the dwelling unit and/or attached garage) shall be no more
than 25% of the gross floor area of the dwelling unit (including the
basement or cellar).
(4)
There shall be no change in the outside appearance of the building or premises or other visible evidence of conduct of such home occupation that will indicate from the exterior that the building is being utilized in part for any purpose other than that of a dwelling unit, except that signs in compliance with Article VII of this chapter may be permitted.
(5)
No home occupation shall be conducted in any accessory building nor
shall there be any exterior storage of any materials on the premises.
(6)
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and not located in any required yard except
as herein provided.
(7)
No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, odors or electrical interference
detectable to the normal senses off the lot. In the case of electrical
interference, no equipment or process shall be used which creates
visual or audible interference in any radio or television receivers
off the premises or causes fluctuations in line voltage off the premises.
(8)
A maximum of one on-site vehicle and one trailer bearing business
insignia or used in conjunction with the home occupation may be stored
outdoors, and visible from rights-of-way and neighboring properties.
Any additional on-site vehicle(s) or trailer(s) bearing business insignia
or used in conjunction with the home occupation shall be stored indoors
or shall not be visible from the rights-of-way and neighboring properties.
(9)
The home occupation shall not include the conduct of retail, wholesale,
or personal/professional service business on the premises, except
for the sale of products or services produced by the home occupation.
(10)
Deliveries to or shipments from the property of products, materials,
equipment, or machinery used in conjunction with a home occupation
shall not exceed five per week.
A.
Nonmetallic mining.
(1)
Purpose. These supplemental regulations are intended to assure that
nonmetallic mining operations are properly controlled, while providing
the maximum degree of flexibility in dealing with mineral deposits
whose locations are not precisely known, and are in addition to any
requirements contained in the Manitowoc County Nonmetallic Mining
Operations Ordinance.
(2)
Aerial Photograph and Map. An application for a nonmetallic mining
conditional use permit must include an aerial photograph and map that
provides the following information:
(a)
The boundaries of the affected parcel and any adjacent parcel
and the location and name of all pipelines, railroads, roads, streams,
utilities, and wetlands on the affected parcel and any adjacent parcel.
(b)
The name of the owner of each adjacent parcel and the location
of all structures within 1,000 feet of the outer perimeter of the
area, the purpose for which the structure is used, and the names of
each structure's occupants.
(c)
The proposed location, extent, and depth of the intended sand,
gravel, and rock excavation, showing the setback distances.
(d)
The proposed location of any ponds, sediment basins, stockpiles,
and waste dumps, showing the setback distances.
(e)
The surface drainage of the affected land and the estimated
depth to groundwater.
(3)
Operational Information. An application for a nonmetallic mining
conditional use permit must include the following operation information:
(a)
The duration of any applicable lease.
(b)
The estimated date that operations will commence and terminate.
(c)
The anticipated hours of operation.
(d)
The proposed primary travel routes to transport material to
and from the property.
(e)
A description of the excavation and processing equipment to
be used.
(f)
A description of measures to be taken to screen the operation
from view from any residence on an adjacent parcel.
(g)
A description of measures to be taken to control dust, noise
and vibrations from the operation.
(4)
Operations.
(a)
All blasting must be done by a state licensed and certified
blaster, who must have a certificate of liability or proof of liability
insurance.
(b)
All excavation equipment must be constructed, maintained, and
operated in such a manner as to eliminate, as far as practicable,
any dust, noise, or vibration that might adversely affect or injure
any person living in the vicinity of the operation.
(c)
Any excavation access road must have and be maintained with
a dustless surface, and a stop sign must be placed where the access
road intersects a public road.
(d)
Any part of an excavation in which water collects to a depth
of two feet or greater for 30 consecutive days or more must be drained
or filled so as to prevent such a collection of water.
(e)
Operations must be conducted in such a manner that any water
runoff from operation does not adversely affect any adjacent parcel.
(f)
All equipment and temporary structures, such as an asphalt plant,
conveyor, or screener, must be removed from the parcel within 90 days
of the termination of extraction operations.
(g)
All rubble and other debris must be removed from the parcel
within 90 days of the termination of extraction operations.
(5)
Setback requirements.
(a)
The excavation must be set back at least 1,000 feet from any
existing residence unless the Village Board determines that it is
in the public interest to permit an excavation at a distance that
is less than 1,000 feet from an existing residence.
(b)
The excavation must be set back at least 200 feet from all right-of-way
lines.
(c)
The excavation must be set back at least 100 feet from any lot
line, except that the Village Board may set a smaller setback or waive
the setback requirement if the adjacent parcel is or will be excavated.
(6)
Options.
(a)
The Village Board may require fencing if warranted by existing
conditions.
(b)
The Village Board may restrict the hours of operation if warranted
by existing conditions.
(c)
The Village Board may require the testing of wells adjacent
to the proposed operation for turbidity, water levels, or other factors
after the conditional use permit is granted.
B.
Solid waste facilities and salvage yards.
(1)
Any solid waste facility or salvage yard shall be located so that
it does not prevent or interfere with the proper development of the
surrounding area.
(2)
Screening. Any solid waste facility or salvage yard shall be adequately
fenced or otherwise screened year-round with a dense shrub growth
from public right-of-ways and neighboring properties to prevent unsightliness
and the blowing of materials off of the premises. The fence or vegetative
screen shall be a minimum of eight feet in height and shall be properly
maintained to satisfy the obscuring objective.
(3)
Setbacks. The minimum front, side and rear yard setback for any solid
waste facility or salvage yard is 50 feet.
(4)
The Village Board shall take into consideration the temporary nature
of solid waste facility operations and the public necessity for waste
disposal in considering the application for a conditional use permit
for a solid waste facility operation.
(5)
Solid waste facilities shall comply with solid waste disposal standards
and polluting control requirements of the State of Wisconsin.
(6)
Sureties. In order to cover the cost of road maintenance and repair,
the Village Board may require that a bond, letter of credit, or other
financial guarantee satisfactory to the Village Board be submitted
by the owner or operator. The amount and form of financial surety/guarantee
shall be specified by the Village Board and shall be used to cover
the cost of repairing roads which deteriorate due to traffic generated
by the facility.
A.
Airports and private airstrips/landing fields.
(1)
A tract of land used for an airport or private airstrip/landing field
shall be of sufficient size and adequate in all other respects to
provide for the safe operation of the facility, to prevent hazards
to surrounding property, and to meet the standards of the Federal
Aviation Administration for the class of airport or private airstrip/landing
field proposed.
(2)
An airport or landing strip may not interfere with the development
of any thoroughfare in the area.
B.
Utility installations.
(1)
No building/zoning permit shall be required for any installation
that is at or below grade elevation, nor for electrical poles, towers
and wires.
(2)
Structures which are four feet or less above grade elevation are
not required to meet yard/setback requirements.
(3)
Electrical substations and water storage facilities shall be enclosed
by a fence or wall at least eight feet in height.
