The development and execution of this article
is based upon the division of the city into districts, within which
districts the use of land and buildings and the bulk and location
of buildings and structures in relation to the land are mutually compatible
and substantially uniform. However, there are certain uses which,
because of their unique characteristics, cannot be properly classified
as unrestricted permitted uses in any particular district or districts
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities and of the public need for the
particular use at a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district,
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses.
A.
The City Plan Commission, after a public hearing, shall, within a
reasonable time, grant or deny any application for a conditional use,
except where otherwise provided. Approval or denial of the application
must be supported by substantial evidence. Substantial evidence is
defined as facts and information, other than merely personal references
or speculation, directly pertaining to the requirements and conditions
an applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of a conclusion. Prior
to the granting of a conditional use permit, the Plan Commission shall
make and document findings based upon the evidence presented that
the standards herein prescribed are being complied with. The Plan
Commission may authorize the Community Development Department to issue
a conditional use permit for conditional uses specified in this chapter
after review and a public hearing or otherwise provided herein, provided
that such uses are in accordance with the purpose and intent of this
chapter.
[Amended 6-26-2018 by Ord. No. 18-05]
B.
Any development within 500 feet of the existing or
proposed rights-of-way of freeways or expressways and within 1/2 mile
of their existing or proposed interchange or turning lane rights-of-way
may be specifically reviewed by the highway agency that has jurisdiction
over the traffic way. The Plan Commission may request such review
and await the highway agency's recommendation for a period not to
exceed 40 days before taking final action.
C.
Conditions such as landscaping, architectural design,
type of construction, construction commencement and completion dates,
sureties, lighting, fencing, planting screens, operation control,
hours of operation, improved traffic circulation, deed restrictions,
highway access restrictions, increased yards or parking requirements
may be required by the Plan Commission upon its finding that these
are necessary to fulfill the purpose and intent of this chapter.
D.
Compliance with all other provisions of this chapter,
such as lot width and area, yards, height, parking, loading, traffic,
highway access and performance standards, shall be required of all
conditional uses.
Any person, firm, corporation or organization
having a freehold interest or a possessory interest entitled to exclusive
possession or a contractual interest which may become a freehold interest
or an exclusive possessory interest and which is specifically enforceable
in the land for which a conditional use is sought may file an application
to use such land for one or more of the conditional uses provided
for in this chapter in the zoning district in which such land is located.
A.
An application for a conditional use shall be filed with the Community Development Department on a form prescribed by it. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures and the existing and proposed use of each structure and lot and may include a statement, in writing, by the applicant showing that the proposed conditional use conforms to the standards set forth in § 260-62 hereinafter.
B.
The Plan Commission may require such other information
as may be necessary to determine and provide for an enforcement of
this chapter, including a plan showing contours and soil types; high
watermark and groundwater conditions; bedrock, vegetative cover and
specifications for areas of proposed filling, grading and lagooning;
location of buildings, parking areas, traffic access, driveways, walkways,
open spaces and landscaping; and plans of buildings, sewage disposal
facilities, water supply systems and arrangements of operations.
Notice of the time, place and purpose of such
hearing shall be given by publication as a Class 2 notice under the
Wisconsin Statutes in the official city paper. Notice of the time,
place and purpose of such public hearing shall also be sent to the
applicant, the Community Development Department, members of the Common
Council and Plan Commission and the owners of record, as listed in
the office of the City Assessor, who are owners of property in whole
or in part situated within 100 feet of the external boundaries of
the property described in the application, using for this purpose
the name and address of such owners as are shown on the latest official
tax roll of the City of Rice Lake. Such notice shall contain all pertinent
data related to the case, and shall be sent at least 10 days prior
to the date of such public hearing.
A.
Upon receipt of the application and statement referred to in § 260-59 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission, except as otherwise provided below. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
B.
A public hearing is not required for an initial application
for a home occupation if no objection is received from property owners
within 100 feet within 10 days of notice. If an objection is received
the conditional use permit will be forwarded to the Plan Commission
for public hearing and consideration.
A.
No application for a conditional use shall be granted
by the Plan Commission unless such Commission shall find all of the
following conditions are present:
(1)
The establishment, maintenance or operation of the
conditional use will not be detrimental to or endanger the public
health, safety, morals, comfort or general welfare.
(2)
The uses, values and enjoyment of other property in
the neighborhood for purposes already permitted shall be in no foreseeable
manner substantially impaired or diminished by the establishment,
maintenance or operation of the conditional use, and the proposed
use is compatible with the use of adjacent land.
(3)
The establishment of the conditional use will not
impede the normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
(4)
Adequate utilities, access roads, drainage and other
necessary site improvements have been or are being provided.
(5)
Adequate measures have been or will be taken to provide
ingress and egress so designed as to minimize traffic congestion in
the public streets.
(6)
The conditional use shall, except for yard requirements,
conform to all applicable regulations of the district in which it
is located.
(7)
The proposed use does not violate floodplain regulations
governing the site.
B.
When applying the above standards to any new construction
of a building or an addition to an existing building, the Plan Commission
shall bear in mind the statement of purpose for the zoning district
such that the proposed building or addition at its location does not
defeat the purposes and objective of the zoning district.
C.
In addition, in passing upon a conditional use permit,
the Plan Commission shall also evaluate the effect of the proposed
use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including
sedimentation.
(3)
Existing topographic and drainage features and vegetative
cover on the site.
(4)
The location of the site with respect to floodplains
and floodways of rivers and streams.
(5)
The erosion potential of the site based upon the degree
and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing
or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the
adequacy of the proposed disposal systems.
D.
Granting of a conditional use by the Plan Commission
shall be deemed an acceptance of the sufficiency of the application
for the conditional use.
[Amended 6-26-2018 by Ord. No. 18-05]
When a conditional use application is denied, the Plan Commission
shall furnish the applicant, in writing, those standards that are
not met and enumerate reasons the Commission has used in determining
that each standard was not met. Conditional use applicants who receive
denials may appeal directly to the Circuit Court.
The following conditions shall apply to all
conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community and to secure compliance with the standards and requirements specified in § 260-62 above. If the applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the Plan Commission, the conditional use permit shall be granted. Any condition imposed must be related to the purpose of this chapter and based on substantial evidence. Additionally, the requirements and conditions must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the City relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. Such conditions may include specifications for, without limitation because of specific enumeration:
[Amended 6-26-2018 by Ord. No. 18-05]
(1)
Landscaping.
(2)
Type of construction.
(3)
Construction commencement and completion dates.
(4)
Sureties.
(5)
Lighting.
(6)
Fencing.
(7)
Regulation, restriction or prohibition of specific operations or
activities.
(8)
Hours of operation.
(9)
Traffic circulation.
(10)
Deed restrictions.
(11)
Access restrictions.
(12)
Setbacks and yards.
(13)
Type of shore cover.
(14)
Specified sewage disposal and water supply systems.
(15)
Planting screens.
(16)
Piers and docks.
(17)
Increased parking.
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. The Plan Commission shall evaluate each
application and may request assistance from any source which can provide
technical assistance. The Plan Commission shall review the site, existing
and proposed structures, architectural plans, neighboring uses, parking
areas, driveway locations, highway access, traffic generation and
circulation, drainage, sewerage and water systems and the proposed
operation/use.
C.
Change of conditional use. No significant or substantial
change of a conditional use shall be permitted unless approved by
the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment
will be in general harmony with surrounding uses and the landscape.
To this end the Plan Commission may require the use of certain general
types of exterior construction materials and/or architectural treatment.
E.
Sloped sites; unsuitable soils. Where slopes exceed
6% and/or where a use is proposed to be located on areas indicated
as having soils which are unsuitable or marginal for development,
on-site soil tests and/or construction plans shall be provided which
clearly indicate that the soil conditions are adequate to accommodate
the development contemplated and/or that any inherent soil condition
or slope problems will be overcome by special construction techniques.
Such special construction might include, among other techniques, terracing,
retaining walls, oversized foundations and footings, drain tile, etc.
F.
Compliance with area uses. In any of the zoning districts
designated on the Official Zoning Map, in districts which are already
developed but not in new developments, the Plan Commission may, after
reviewing the proposed building site, allow the applicant for a permit
to correspond any new or renovated buildings with the existing setbacks,
minimum lot widths, building heights and commercial parking and truck
unloading areas, provided that the Plan Commission determines such
will be in keeping with the purposes of the chapter.
G.
Conditional uses to comply with other requirements.
Conditional uses shall comply with all other provisions of this chapter,
such as lot width and area, yards, height, parking and loading.
A.
Where the Plan Commission has approved or conditionally
approved an application for a conditional use, such approval shall
become null and void within 12 months of the date of the Plan Commission's
action unless the use is commenced, construction is underway or the
current owner possesses a valid building permit under which construction
is commenced within six months of the date of issuance and which shall
not be renewed unless construction has commenced and is being diligently
prosecuted.
B.
Once a conditional use has been established, its approval shall be continuous, except: if a limit of duration is imposed as a condition by the Plan Commission; as provided for home occupations in Subsection C below; and, for any determination of noncompliance or unapproved change of use.
C.
The initial term of approval for a home occupation
conditional use permit shall not exceed one year. Said term shall
be granted to the nearest business licensing expiration date occurring
during the year.
(1)
The Community Development Department shall make a
determination as to whether or not the petitioner has complied with
the necessary criteria and conditions established by ordinance for
the initial approval. If it is found that the petitioner has complied
with the necessary criteria and/or conditions and property owners
within 100 feet have not complained in writing about the request within
10 days of notice, the home occupation will be issued for a period
not to exceed one year. If there are objections from property owners
within 100 feet, the matter shall be referred to the Plan Commission
for hearing and consideration as an application for a conditional
use.
(2)
Renewal of home occupations after the initial one-year
period shall be for one two-year period, and then, if granted, extensions
beyond this two-year period will be in five-year allotments. A request
for renewal must be submitted to the Community Development Department,
in writing, accompanied by a fee as set forth in the fee schedule
adopted as part of the annual budget document, one month prior to
expiration. If it is found that there are no objections from property
owners within 100 feet, the home occupation will be renewed. If there
are objections from property owners within 100 feet, the matter shall
be referred to the Plan Commission for hearing and consideration as
an application for a conditional use.
(3)
Failure to reapply for a home occupation conditional
use permit will lead to cancellation of the permit. Thereafter, said
home occupation will be illegal within the City of Rice Lake.
The Plan Commission shall retain continuing
jurisdiction over all conditional uses for the purpose of resolving
complaints against all previously approved conditional uses. Such
authority shall be in addition to the enforcement authority of the
Community Development Department to order the removal or discontinuance
of any unauthorized alterations of an approved conditional use and
the elimination, removal or discontinuance of any violation of a condition
imposed prior to or after approval or violation of any other provision
of this Code.
A.
Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 260-62 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 260-60 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.
B.
The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in § 260-62 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that § 260-62A(1) and (2) will be met, the Plan Commission may revoke the subject conditional approval and direct the Community Development Department and the City Attorney to seek elimination of the subject use.
C.
Following any such hearing, the decision of the Plan
Commission shall be furnished to the current owner of the conditional
use, in writing, stating the reasons therefor.
The Plan Commission may of its own volition
void and revoke any conditional use permit for cause, including noncompliance
with the conditions set forth in approving the permit or a change
in use without Plan Commission approval, after notice and hearing.
A.
Purpose. A home occupation is a specified limited
commercial activity in specified residential districts which is allowed
only by approval of a conditional use permit. The intent of this section
is to define what a home occupation is, list occupations that can
be conditionally approved, define the criteria to govern home occupation
activity and identify the proper procedures to be followed when applying
for a home occupation.
B.
Home occupation requirements. The following shall
apply to all home occupations:
(1)
Home occupations shall be conducted entirely within
the residence or permitted accessory structure.
(2)
The principal person conducting the home occupation
must reside at the location of the home occupation.
(3)
The home occupation can only be performed by members
of the immediate family; thus there is no outside employment of individuals.
(4)
All home occupations shall be clearly incidental
and secondary to the use of a residence or accessory structure for
residential purposes, and the appearance of the structure shall not
be altered or the occupation within the dwelling or accessory structure
be conducted in such a manner which would cause the premises to differ
from its residential character due to structural alteration, colors,
materials, construction, lighting, signs or equipment, or the emission
of sounds, noises, odors or vibrations.
(5)
In no case shall the public have physical access
to the home occupation from 10:00 p.m. to 7:00 a.m. so that the activity
does not disturb the neighbors' right to a peaceful environment.
(6)
Home occupations shall not be the source of noise, objectionable odors, vibrations, glare, fumes or electrical interference detectable beyond the lot line of the parcel on which the home occupation is located, or in any other manner violate Chapter 177, Peace and Good Order, Article VI, Public Nuisances, of this Code.
(7)
Home occupations shall not discharge any materials,
fluids or gases into the wastewater sewer system, into an on-site
wastewater treatment system or into any storm sewer in violation of
any applicable government code.
(8)
One sign, interior or exterior, is allowed which
shall be unlit and no more than four square feet in size.
(9)
The area set aside for the home occupation shall
not exceed 20% of the total floor area of such residence. Where an
accessory structure is used, the total floor area dedicated to the
home occupation, including any area used in the residence, shall be
limited to 576 square feet.
(10)
The direct sale of products off display shelves
or racks is not allowed.
(11)
Parties for the purpose of selling merchandise
or taking orders shall not be held more than two times each month.
(12)
There shall be no exterior storage of equipment,
materials, merchandise, inventory, or vehicles used for the home occupation.
(13)
There shall be no commodities sold or services
rendered that require delivery or shipment of merchandise, goods or
equipment by other than passenger motor vehicle or by United States
Mail or a parcel service, except that twice weekly delivery of goods
by a truck not exceeding 2 1/2 tons in capacity shall be permitted.
(14)
Home occupations include the following:
(a)
Artists and sculptors, with no gallery or showing
of works.
(b)
Authors and composers, with no readings or performances.
(c)
Dressmakers, seamstresses, tailors and quilt
making.
(d)
Home crafts, such as model making, rug weaving,
lapidary work and cabinet making, for sale off-site.
(e)
Office facility of a minister, rabbi or priest.
(f)
Office facility of a salesman, sales representative
or manufacturer's representative, provided that no retail or wholesale
transactions are made on the premises and client visits are limited
to no more than one client at any given time.
(g)
Office facility of an architect, consultant,
artist, broker, dentist, physician, engineer, instructor in arts and
crafts, insurance agent, land surveyor, accountant, lawyer, musician
or real estate agent where client visits are limited to no more than
one client at any given time.
(h)
Other professional home offices where client
visits are limited to no more than one client at any given time.
(i)
School of special education whose class size
does not exceed four pupils at any given time.
(j)
The letting for hire of not more than two rooms
for rooming or boarding use for not more than three persons, none
of whom are transient.
(k)
Mail order businesses.
(l)
Computer programming and consulting.
(m)
Telephone answering or marketing service.
(n)
Pet grooming.
(o)
Preserving and home cooking, for sale off-site
and not for consumption on-site.
(p)
Word processing, desktop publishing, data entry
or other data processing services.
(q)
Secretarial services.
(r)
Tutoring or music lessons for no more than one
student at any given time.
(s)
Occupations clearly similar to those listed
above.
(15)
There may be one annual inspection of any home
occupation by the Zoning Administrator or a designee. In addition,
the Zoning Administrator or a designee shall have the right, during
the regular business hours of the home occupation or any other reasonable
time, to enter and inspect the premises for compliance purposes.
(16)
Any changes in the activity of the home occupation
that would constitute an expansion or change in the home occupation
shall require a new application for a conditional use permit.
(17)
Conditional use permits for home occupations shall be subject to the terms provided in § 260-65C and shall be granted to a designated person who resides at the location of the home occupation. They are not transferable from person to person or from address to address.
(18)
Should a home occupation conditional use permit
holder die or move to a new location, the permit shall be automatically
terminated, except that a surviving or remaining spouse or child residing
at the same address may continue the home occupation at that location
upon written notification of the Zoning Administrator.
(19)
Conditional use permits for a home occupation,
once granted, may be revoked by the Plan Commission for cause after
notice and a hearing.
C.
Home occupations not listed as permitted. Any proposed home occupation that is not specifically permitted under § 260-68B(14) shall be granted or denied upon consideration of those requirements contained in § 260-68B(1) through (13) and (15) through (19).
Mobile home parks shall be conditional uses pursuant to Chapter 158, Mobile Homes, of this Code.
A.
Purpose of section. It is the intent of this section
to allow and regulate mineral extractions and/or processing to be
permitted by application for and Plan Commission approval of a conditional
use permit subject to satisfaction of the provisions outlined hereafter.
B.
EXPLORATION
MINERAL
MINERAL EXTRACTION
PROSPECTING
Definitions. The following definitions shall be deemed
applicable in the execution of this section:
On-site geologic examination of conditions on the surface
of the site by drilling or excavating for purposes of searching for
or defining the extent and nature of deposits of metallic or nonmetallic
minerals and includes such associated activities as clearing and preparing
sites or constructing roads.
All the materials described in the definition of "mineral
extraction."
Excavation, mining or removal of metallic minerals, clay
and ceramic or refractor minerals and quarrying of sand, gravel and
crushed or broken stone, including the extraction and removal of topsoil
but not including sod farming, undertaken or proposed to be undertaken
as a distinct land use. The term shall also include such mineral processing
operations as aggregate or ready-mix plants, mixing of asphalt, mining
services, processing of topsoil and washing, refining or processing
of metallic or nonmetallic materials. The term shall also include
exploration and prospecting as defined herein.
Engaging in the examination of an area for the purpose of
determining the quality and quantity of minerals, other than for exploration,
but including the obtaining of an ore sample, by such physical means
as excavating, trenching and the construction of shafts, ramps and
tunnels and other means, other than for exploration, and the production
of prospecting refuse or other associated activities.
C.
Mineral extraction location. Mineral extractions and/or
processing of the Type I or Type II variety may be permitted, by issuance
of a conditional use permit, in the Agricultural A Zoning District
only in accordance with the provisions of this section.
D.
Mineral extractions classified as Type I. The following
shall be classified as mineral extractions, Type I:
(1)
Preexisting mineral extractions that are operations
involving the excavation, removal and/or processing of minerals that
as such were in active use during any part of a five-year period prior
to the effective date of this section's existence. In the case of
preexisting extractions, an approved conditional use permit shall
allow extractions to continue to the extent achievable under the ownership
or control rights of the applicant within the bounds of the deposit
being extracted and all processing activities regularly associated
with such extractions.
(2)
Limited, short-term mineral extractions satisfying
the following criteria:
(3)
Asphalt mixing plants that shall not be located within
1,000 feet of any residence other than that of the conditional use
permit holder (applicant). Hot-mix plants shall conform to state,
federal or local pollution standards.
E.
Necessary conditions and/or standards applicable for
mineral extractions, Type I. Mineral extractions, Type I, shall be
subject to the following:
(1)
The operations shall be conducted so as to minimize,
insofar as practicable, the production of noise, vibration or dust
which is hazardous or substantially annoying to persons located off
the premises.
(2)
All parts of a mineral extraction operation at which
there is an excavation of 10 feet or more in depth shall have a perimeter
slope which is not steeper than two feet horizontal to one foot vertical.
(3)
When extractions are discontinued, all machinery and
equipment which exists incidental to the operation shall be removed.
The excavation shall be drained, if necessary and if it is possible
to do so, by removing obstructions to natural drainage so that water
will not collect therein. All banks or cuts not in rock shall be sloped
at an angle no steeper than two feet horizontal to one foot vertical,
except that banks or cuts located within 200 feet of a road right-of-way
will be sloped no steeper than three to one, pit or quarry bottoms
shall be left in generally level condition, excess boulders, rocks,
stones or other unusable material shall be buried and scrap machinery
and similar debris shall be removed. Excavated (exhausted) areas shall
be revamped in accordance with this section by the owner or contractor
within 12 months of last removal of materials. Any new owner(s) of
property shall assume the responsibilities of the regulations of this
section.
(4)
Any other specific condition(s) that may be added
by the Plan Commission.
F.
Mineral extractions classified as Type II. The following
shall be classified as mineral extractions, Type II:
(1)
Those operations involving excavation, removal and/or
processing of minerals which do not satisfy classification as mineral
extractions, Type I.
(2)
Those operations that shall exceed a time period of
more than one year in existence.
(3)
Those operations that shall cover an area of more
than one acre.
G.
Necessary applicant information for a conditional
use permit for mineral extractions, Type II. The applicant shall provide
to the Plan Commission the following information:
(1)
Ownership and management data. This information is
to include location of the proposed site of the operations, ownership
of the land, leasehold, license and other property interests and accurate
information on the identity of all individuals, partnerships, associations
or corporations who or which will be involved in control of the proposed
operation. The purpose of this requirement is to allow the Plan Commission
to determine accountability for all conditions that it decides to
impose upon the activity, and the information shall be sufficiently
detailed and complete to accomplish this purpose.
H.
Necessary conditions and/or standards applicable for
mineral extractions, Type II. Mineral extractions, Type II, shall
be subject to the following:
(1)
Existence of mineral deposits upon the property the
application for conditional use permit is being obtained for.
(2)
Proximity of the site to transportation facilities
and to market areas.
(3)
Ability of the operation, as described in the proposed
operations plan, to avoid harm to the public health, safety and welfare
and to the legitimate interests of nearby properties.
(4)
An operations plan, as required in Subsection G(2), documenting protection for affected public and private rights against undue interference.
(5)
A reclamation plan, as required in Subsection G(3), proposing reasonably safe, attractive and, if possible, productive new uses for the site upon the termination of the mineral extraction operation.
(6)
Type II mineral extraction conditional use permits
shall be initially granted for a time period of up to five years and
may be renewed upon application to the Plan Commission for periods
not to exceed five-year installments.
(7)
Application to the Plan Commission shall be made for
any unforeseen alterations in operations, other than those agreed
upon at the time of issuance of a conditional use permit by said body
and the applicant. A change of ownership or management does not exempt
such party from this requirement.
(8)
A termination of mining activities by the applicant
on a site which is the subject of an approved conditional use permit
for a period of one or more years shall disentitle the permit holder
to a right of renewal at the end of the permit time period, despite
compliance of former operations with all conditions of the original
permit, unless:
(9)
The Plan Commission shall require reasonable assurance
that the conditions it imposes will be satisfied by the applicant.
Such assurance shall be achieved through some combination of:
(a)
Performance bonds or substitute guaranties in
the form of pledged collateral.
(b)
Establishment of escrow accounts into which
deposits shall be made to assure financial resources for investments
in reclamation work.
(c)
Clear identification of the relationships between
landowners, lessees, licensees and operators and the signing of written
pledges by those persons who assume responsibility for various elements
of the conditions imposed.
A.
Purpose of section. It is the intent of this section
to allow and regulate wind energy conversion systems to be permitted
by application for and Plan Commission approval of a conditional use
permit in the Industrial District (I) and subject to satisfaction
of the provisions outlined hereafter:
(1)
Except as may be specifically otherwise provided,
any such conditional use shall conform to the building location, height,
building size, lot size and open space regulations of the Industrial
(I) Zoning District.
(2)
Building, site and operation plans of the proposed
conditional use shall be submitted for approval of the Plan Commission.
Such plans shall be in sufficient detail to enable the Commission
to evaluate the suitability of architectural and landscape treatment;
the proper location of the building or buildings on the lot; the satisfactory
provision for parking and circulation needs, for drainage and sewage
disposal, for adequate planting screen where necessary and for operational
control devices where necessary to eliminate noise, dust, odor, smoke
or other objectionable operating condition; and the general compatibility
of the proposed conditional use with the area in which it is located.
