The development and execution of this article
is based upon the division of the Village of Theresa into districts,
within which districts the use of land and buildings and 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 of 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 Village Board may, by resolution, authorize the
Zoning Administrator to issue a conditional use permit for either
regular or limited conditional use after review and public hearing,
provided that such conditional use and involved structure(s) are found
to be in accordance with the purpose and intent of this chapter and
are further found to be not hazardous, harmful, offensive or otherwise
adverse to the environment or the value of the neighborhood or the
community. In the instance of the granting of limited conditional
use, the Village Board in its findings shall further specify the delimiting
reason(s) or factors which resulted in issuing limited rather than
regular conditional use. Such Board resolution, and the resulting
conditional use permit, when for limited conditional use, shall specify
the period of time for which effective, if specified, the name of
the permittee, and the location and legal description of the affected
premises. Prior to the granting of a conditional use, the Village
Board shall make findings based upon the evidence presented that the
standards herein prescribed are being complied with.
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
shall be specifically reviewed by the highway agency that has jurisdiction
over the traffic way. The Village Board shall request such review
and await the highway agency's recommendation for a period not to
exceed 20 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 Village Board 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 article in the zoning district in which
such land is located.
An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by the fee prescribed by Chapter 167, Fees, and 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 shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 350-38 hereinafter. The Village Board may require such other information as may be necessary to determine and provide for the enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock; vegetative cover; specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, and water supply systems; and arrangements of operations.
Upon receipt of the application and statement referred to in § 350-35 above, the Village Board shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Village Board. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Village Board shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such
hearing shall be given by publication of a Class 2 notice under the
Wisconsin Statutes in the official Village newspaper. Notice of the
time, place and purpose of such public hearing shall also be sent
to the applicant, the Zoning Administrator, members of the Village
Board and the owners of record as listed in the office of the Village
Assessor who are owners of property in whole or in part situated within
100 feet of the boundaries of the properties affected, said notice
to be sent at least 10 days prior to the date of such public hearing.
A.
No application for a conditional use shall be granted
by the Village Board unless the Board shall find that 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 Board 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 to passing upon a conditional use permit,
the Board 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 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.
When a denial of a conditional use application
is made, the Village Board shall furnish the applicant, in writing
when so requested, those standards that are not met and enumerate
reasons the Board has used in determining that each standard was not
met.
The following conditions shall apply to all
conditional uses:
A.
General. Prior to the granting of any conditional use, the Village Board 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 § 350-38 above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(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; or
(18)
Any other requirements necessary to fulfill
the purpose and intent of this chapter.
B.
Site review. The Village Board shall evaluate each
application and may request assistance from any source which can provide
technical assistance. The Board 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.
Alteration of conditional use. No alteration of a
conditional use shall be permitted unless approved by the Village
Board.
D.
Architectural treatment. Proposed architectural treatment
will be in general harmony with surrounding uses and the landscape.
To this end, the Village Board 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.
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.
Where the Village Board 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 Board'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. Approximately 45 days prior to the automatic revocation
of such permit, the Zoning Administrator shall notify the holder by
certified mail of such revocation. The Board may extend such permit
for a period of 90 days for justifiable cause, if application is made
to the Village Board at least 30 days before the expiration of said
permit.
The Village Board 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 Zoning Administrator
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 chapter.
A.
Upon written complaint by any citizen or official, the Village Board 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 § 350-38 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 § 350-37 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.
B.
The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 350-38 or conditions previously imposed by the Village Board, 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 Subsection A(1) and (2) in § 350-38 will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use.
C.
Following any such hearing, the decision of the Village
Board shall be furnished to the current owner of the conditional use
in writing stating the reasons therefor.
A.
Conditional use. Bed-and-breakfast establishments
shall be considered conditional uses and may be permitted in residence
districts pursuant to this article.
B.
BED-AND-BREAKFAST ESTABLISHMENT
Definition. As used in this section, the following
terms shall have the meaning indicated:
Any place of lodging that provides four or fewer rooms for
rent for more than 10 nights in a twelve-month period, is the owner's
personal residence, is occupied by the owner at the time of rental
and in which the only meal served to guests is breakfast.
C.
State standards. Bed-and-breakfast establishments
shall comply with the standards of Ch. HFS 197, Wis. Adm. Code.
A.
Intent. The intent of this section is to provide a
means to accommodate a small family business as a conditional use
without the necessity of a rezone into a commercial district. Approval
of an expansion of a limited family business or home occupation at
a future time beyond the limitations of this section is not to be
anticipated; relocation of the business to an area that is appropriately
zoned may be necessary.
B.
Restrictions on home occupations. Home occupations
are a conditional use in all residential districts and are subject
to the requirements of the district in which the use is located, in
addition to the following:
(1)
The home occupation shall be conducted only within
the enclosed area of the dwelling unit or an attached garage.
(2)
There shall be no exterior alterations which change
the character thereof as a dwelling and/or exterior evidence of the
home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies
or equipment related to the operation of the home occupation shall
be visible outside any structure located on the premises.
(4)
No use shall create smoke, odor, glare, noise, dust,
vibration, fire hazard, small electrical interference or any other
nuisance not normally associated with the average residential use
in the district.
(5)
Only one sign may be used to indicate the type of
occupation or business. Such sign shall not be illuminated.
(6)
The use shall not involve the use of commercial vehicles
for more than occasional delivery of materials to or from the premises.
(7)
The Village Board may determine the percentage of
the property that may be devoted to the occupation.
(8)
The home occupation may be restricted to a service-oriented
business prohibiting the manufacturing of items or products or the
sale of items or products on the premises.
(9)
The types and number of equipment or machinery may
be restricted by the Village Board.
(10)
Sale or transfer of the property shall cause
the conditional use permit to be null and void.
(11)
Under no circumstances shall a vehicle repair
or body work business qualify as a home occupation.
C.
Permitted use exception. A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of Subsection B above are complied with and no sign is erected or maintained regarding the home occupation, no more than one person works on the premises and no customers regularly come to the house.
