[Amended 10-4-2006 by Ord. No. 2006-11]
The development and execution of this article are based upon the division of the Town of Cedarburg into districts, within which districts the use of land, buildings, bulk zoning requirements 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. Any nonpermitted use may be listed as a conditional use within a given zoning classification.
A. 
Town Board may authorize. The Town Board may, by resolution, authorize the Building Inspector to issue a conditional use permit for either regular or limited conditional use after review, public hearing and advisory recommendation from the Plan Commission, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this Zoning Code 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 Town 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 the specific limited conditional use permit is effective. Prior to the granting of a conditional use, the Plan Commission shall review standards as prescribed in § 320-51 of this article to ensure said standards herein prescribed are being complied with.
[Amended 10-4-2006 by Ord. No. 2006-11]
B. 
Review by highway agency. Any development within 500 feet of an existing or proposed state or county trunk highway right-of-way and within 1/2 mile of an existing or proposed interchange or turning lane shall be specifically reviewed by the highway agency that has jurisdiction over the trafficway. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
[Amended 10-4-2006 by Ord. No. 2006-11]
C. 
Conditions may be required. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, signs, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Town Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
[Amended 10-4-2006 by Ord. No. 2006-11]
D. 
Compliance with other provisions required. 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.
[Amended 12-3-2003 by Ord. No. 2003-22; 10-4-2006 by Ord. No. 2006-11]
A. 
Application. An application for a conditional use permit, including an alteration or modification of an existing permit, shall be filed on a form prescribed by the Town. Applications for conditional use permits shall be made to the Building Inspector.
B. 
Additional information. The Town Board, Plan Commission, or Building Inspector may require such other information as may be necessary to determine and provide for enforcement of this chapter, including a plan showing contours and soil types; high-water mark 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, signs, sewage disposal facilities, water supply systems and arrangements of operations.
C. 
Fee. Application fees for conditional use permit applications shall be determined annually by the Town Board as listed on the Town fee schedule and shall be paid to the Town at the time of filing an application for a conditional use permit.
[Amended 10-4-2006 by Ord. No. 2006-11; 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
Upon receipt of the application and application fee referred to in § 320-48, the Plan Commission shall hold a public hearing on each application for a conditional use. The hearing shall be conducted and a record of the proceedings shall be preserved.
[Amended 10-4-2006 by Ord. No. 2006-11]
A. 
Notice. The owners of record in whole or in part as listed in the office of the Ozaukee County Register of Deeds and who are situated within 1,000 feet of the boundaries of the properties affected shall be sent a notice postmarked at least 10 days prior to the date of consideration by the Plan Commission or Town Board. The applicant requesting the conditional use permit shall be responsible for mailing the notices to meet the above timeline. In the event that the property situated within the one-thousand-foot area is owned entirely by a single property owner, then notice shall be given to the next adjacent property owner so that at least two property owners in each cardinal direction are provided notice of the hearing.
B. 
Report of Plan Commission. The Plan Commission shall report its advisory recommendations in writing to the Town Board within 30 days or such longer period as may be stipulated by the Town Board after a conditional use matter has been referred to the Plan Commission. If such recommendation has not been forwarded to the Town Board by the Plan Commission within the time prescribed, the Town Board may act without such recommendation.
A. 
No application for a conditional use shall be recommended for approval by the Plan Commission or granted by the Town Board unless such Commission and Board shall find that all of the following conditions are present:
(1) 
Welfare. 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) 
Compatible with adjacent land. The uses, values and enjoyment of other Town 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.
[Amended 10-4-2006 by Ord. No. 2006-11]
(3) 
Not impede surrounding property development and improvement. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding Town property for uses permitted in the district.
[Amended 10-4-2006 by Ord. No. 2006-11]
(4) 
Adequate infrastructure. Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(5) 
Ingress and egress. 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) 
Conform to zoning district regulations. The conditional use application shall conform to all applicable regulations of the district in which it is located.
[Amended 10-4-2006 by Ord. No. 2006-11]
B. 
Floodplain regulations. Conditional use applications shall not violate floodplain regulations as established by Ozaukee County and/or the Wisconsin Department of Natural Resources (WisDNR) and/or the Federal Emergency Management Agency (FEMA).
[Amended 10-4-2006 by Ord. No. 2006-11]
C. 
Purposes and objective of the zoning district. When applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission and 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.
D. 
Evaluate the effect. In addition to passing upon a conditional use permit, the Plan Commission and 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 Town land.
[Amended 10-4-2006 by Ord. No. 2006-11]
(9) 
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
[Amended 10-4-2006 by Ord. No. 2006-11]
When an advisory recommendation denying a conditional use permit application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards which are not met and enumerate reasons the Commission has used in determining that each standard was not met. The same shall be forwarded to the Town Board as the Plan Commission's formal recommendation.
The following conditions shall apply to all conditional uses.
A. 
Conditions. Prior to the granting of any conditional use, the Town 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 § 320-51 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) 
Signs.
[Added 10-4-2006 by Ord. No. 2006-11]
(8) 
Operational control.
(9) 
Hours of operation.
(10) 
Traffic circulation.
(11) 
Deed restrictions.
(12) 
Access restrictions.
(13) 
Setbacks and yards.
(14) 
Type of shore cover.
(15) 
Specified sewage disposal and water supply systems.
(16) 
Planting screens.
(17) 
Piers and docks.
(18) 
Increased parking.
(19) 
Any other requirements necessary to fulfill the purpose and intent of this chapter.
B. 
Site review.
[Amended 10-4-2006 by Ord. No. 2006-11]
(1) 
In making its recommendation to the Town Board, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The 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.
(2) 
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, and interstate and controlled access trafficways and within 1,500 feet 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 trafficway. The Town Plan Commission shall request such review and await the highway agency's recommendations for a period not to exceed 20 days before taking final action.
C. 
Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Town Board after recommendation from the Plan Commission.
D. 
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Town 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, signs, parking and loading.
[Amended 10-4-2006 by Ord. No. 2006-11]
A. 
Approval. The Town Board, upon recommendation of the Plan Commission, may authorize the Building Inspector to issue a conditional use permit for conditional uses after review by the Town Plan Commission, 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 environment or the value of the neighborhood or the community. A notification of each conditional use permit granted in the A-2 Prime Agricultural District shall be transmitted to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP).
B. 
Validity. Where the Town 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 Building Inspector 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 Town Board at least 30 days before the expiration of said permit.
[Amended 10-4-2006 by Ord. No. 2006-11]
The Town 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 Town 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 Code. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the Plan Commission, the Town 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 § 320-51 above, a condition of approval or other requirement imposed hereunder. Upon concluding a potential violation of a conditional use permit has occurred, a hearing shall be held upon notice as provided in § 320-50. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Town Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 320-51 or conditions previously imposed by the Town 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 § 320-51A(1) and (2) will be met, the Town Board may revoke the subject conditional approval and direct the Town Administrator and the Town Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Town Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
As conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in any district with the exception of the C-1 Conservancy District.
The following public and semipublic uses shall be conditional uses and may be permitted as specified:
A. 
Airfields. Airports, airstrips and landing fields in the M-1 and M-2 Industrial Districts, A-1 Agricultural District and P-1 Park District, provided that the site area is not less than 20 acres. Airports, airstrips and landing fields in the A-2 Prime Agricultural District shall be governmentally owned and operated or used for farm-related operations such as crop dusting.
B. 
Governmental and cultural uses. Governmental and cultural uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds and museums, in all residential and business districts, M-1 and M-2 Industrial Districts and P-1 Park Districts. Governmental uses and structures may have a street yard setback of not less than 25 feet in all permitted zoning districts with the specific setback requirement defined in the conditional use permit.
[Amended 3-1-2000 by Ord. No. 2000-5]
C. 
Utilities. Utilities in all districts, provided that all structures and uses are not less than 25 feet from any residential district side yard lot line. Communication utility vaults or ground structures shall be exempt from all zoning district yard setback requirements, except as previously noted in this subsection, set forth in the Town Code and shall have yard setback requirements defined in the conditional use permit. Communication utility vaults or ground structures shall be screened by appropriate landscaping to be approved by the Plan Commission and Town Board. Utility vaults or ground structures, excluding towers, located in residential districts shall be exempt from placement restrictions for accessory buildings set forth in Article XI, § 320-109 of this chapter. Gas and electric utility uses which have been issued a certificate of public convenience and necessity pursuant to § 196.49(3), Wis. Stats., are exempt from the requirements of this chapter and shall not be required to obtain a zoning permit, conditional use permit or certificate of compliance.
[Amended 4-7-1999 by Ord. No. 1999-7]
D. 
Public passenger transportation terminals. Public passenger transportation terminals, such as heliports and bus and rail depots, except airports, airstrips and landing fields, in all business districts and the M-1 and M-2 Industrial Districts, provided that all principal structures and uses are not less than 100 feet from any residential district boundary.
E. 
Schools and churches. Public, parochial and private elementary and secondary schools and churches in the R-2 and R-3 Residential Districts and P-1 Park District, provided that the lot area is not less than four acres and all principal structures and uses are not less than 100 feet from any lot line.
F. 
Other public and private institutions. Colleges, universities, hospitals, sanitariums, religious, charitable, penal and correctional institutions, cemeteries and crematories in the A-1 Agricultural District and P-1 Park District, provided that all principal structures and uses are not less than 100 feet from any lot line.
The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:
A. 
[1]Meeting places of a noncommercial nature. Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R-3 Residential District, provided that all principal structures and uses are not less than 100 feet from any lot line.
[1]
Editor's Note: Former Subsection A, Planned unit developments, was repealed 1-7-2009 by Ord. No. 2009-2 and 5-6-2009 by Ord. No. 2009-9. These ordinances also redesignated former Subsections B through H as Subsections A through G, respectively.
B. 
Clinics in the R-3 Residential District, provided that all principal structures and uses are not less than 100 feet from any lot line.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9]
C. 
Home occupations, professional offices, and group child-care centers. Home occupations and professional offices which require a conditional use permit are specified in § 320-110. State-licensed group child-care centers may be allowed in residential districts with a conditional use permit.
[Amended 1-7-2009 by Ord. No. 2009-2; 5-6-2009 by Ord. No. 2009-9; 9-2-2015 by Ord. No. 2015-10]
D. 
Boarders and lodgers. Boarders and lodgers not to exceed two per dwelling in the R-3 Residential District.
E. 
Residential unit used by the owner or operator of a contiguous business. A single residential unit to be used by the owner or operator of a contiguous business in a business district.
F. 
Private athletic clubs. Private athletic clubs of a noncommercial nature in the R-2 Residential District.
[Amended 12-4-2002 by Ord. No. 2002-14]
G. 
Quilt shops. Quilt shops in the R-2 Residential District.
[Amended 2-5-2003]
H. 
Retirement and senior care facilities. These facilities may be permitted within all zoning districts except P-1 and C-1. These facilities are subject to design guidelines that can be obtained at Town Hall.
[Added 5-6-2009 by Ord. No. 2009-9[2]]
[2]
Editor's Note: This ordinance also repealed former Subsection H, Multifamily dwellings, added 1-7-2009 by Ord. No. 2009-2.]
I. 
Second single-family dwelling units.
[Added 3-7-2007 by Ord. No. 2007-3]
(1) 
Purpose and intent. The purpose and intent of permitting as a conditional use the construction and/or occupancy of a second dwelling unit is to allow, when all applicable standards have been met, a detached building designed for and occupied by the family of the owner-occupied primary dwelling unit to promote and preserve the family in single-family residential or quasi-residential zoning districts of A-1, A-2, CR-A, CR-B and E-1 in the Town of Cedarburg. The rental, lease, or separate sale of any such second dwelling unit is prohibited in order to protect the single-family residential nature and character of the district in which it is located.
(2) 
Definitions. For purposes of this section, the term "dwelling unit" shall consist of and include both the primary dwelling unit occupied by the owner and the second dwelling unit occupied by the owner’s family, and together are viewed as one single-family dwelling. A primary dwelling unit is defined as a detached building designed for and occupied by the owner as a single-family dwelling unit. A second dwelling unit is defined as a detached dwelling unit occupied by the owner’s family located on the same lot of a primary dwelling unit that is occupied by the owner as a single-family dwelling unit. A second dwelling unit shall have sleeping areas and a bathroom, with or without kitchen facilities, as specified in the permit. A second dwelling unit may be permitted as a conditional use, if it is occupied by the family of the owner-occupied primary dwelling unit and all such persons are occupying the same as a single, nonprofit housekeeping unit, who are living together as a bona fide stable and committed living unit, being a traditional family or the functional equivalent thereof, exhibiting the generic character of a traditional family. A second dwelling unit may not be rented, leased or sold separately from the primary dwelling unit on the lot. The owner of a lot containing a primary dwelling unit and a second dwelling unit must live in either the primary dwelling or in the second dwelling unit in order for the conditional use permit to be valid.
(3) 
Permits. A conditional use permit must be obtained before a building and/or occupancy permit may be issued for any second dwelling unit. When a conditional use permit has been issued for a second dwelling unit, the owner of the lot shall be responsible for payment of impact fees as required in § 184-16.
(4) 
Standards.
(a) 
An applicant for such a conditional use must comply with general ordinances for conditional use permits as required in §§ 320-45 through 320-55.
(b) 
Only one second dwelling unit may be allowed per lot. Only one (1) driveway access for the primary dwelling and the second dwelling unit may be allowed from any public road.
(c) 
The lot proposed for a second dwelling unit shall contain an existing primary dwelling unit and must meet the minimum lot size for the respective zoning district.
(d) 
The square footage of a second dwelling unit shall not exceed 30% of the footprint of the home, excluding the garage, or 900 square feet, whichever is smaller. The minimum size of the second dwelling unit shall be at least 300 square feet regardless of the 30% rule.
(e) 
The number of persons occupying a second dwelling unit shall be limited to four family members or less, depending on the square footage of the dwelling, and/or the number and type of rooms.
(f) 
All second dwelling units shall be limited to one story and a maximum height of 19 feet, but in no event may it exceed the height of the primary dwelling unit.
(g) 
All second dwelling units shall have a minimum building wall separation from the primary dwelling unit of 20 feet.
(h) 
All second dwelling units shall comply with applicable setback requirements for principal dwelling structures in the respective zoning district. However, second dwelling units shall not be allowed in the front yard of a lot.
(i) 
All second dwelling units shall be served by the same electrical, water and gas meters, as applicable, that serve the primary dwelling unit. No separate meters shall be allowed. The sanitary sewerage systems of second dwelling units shall comply with the standards in Chs. Comm 82 and 83, Wis. Adm. Code, as regulated by Ozaukee County.
(j) 
Adequate off-street parking shall be available for the second dwelling unit.
(k) 
Construction of all second dwelling units shall comply with applicable building codes.
(l) 
All second dwelling units shall be designed and built consistent with the building type, architectural style, and color of the primary dwelling unit, and the appearance of the second dwelling unit shall be that of a site-built, single-family dwelling unit.
(m) 
In the event these standards or the applicable terms of a conditional use permit are violated, including, but not limited to, if one of the dwellings is not owner-occupied for any period longer than 30 days, then the owner shall be required to have the Town Building Inspector verify within 10 days of any such violation date that one of the two dwellings has had its water supply line and sewer lateral disconnected, and that it is no longer occupied as a dwelling unit. Such conditions of the property shall remain until such time the Town Building Inspector has verified, in writing, that the violation has been cured and a new occupancy and/or building permit has been issued for such dwelling unit.
(5) 
Covenants and restrictions. Prior to the issuance of any building, occupancy, or conditional use permit for a second dwelling unit, the lot owner shall record against the deed to the subject property, restrictive covenants that shall run with the land, in a form approved by the Town Attorney, in favor of and for the benefit of the Town of Cedarburg, which shall indicate that the occupancy and/or use of the second dwelling unit is subject to and regulated by the Town of Cedarburg Code of Ordinances. A copy of the signed conditional use permit for a second dwelling unit shall be recorded, and attached thereto and incorporated by reference, with the covenants. The covenants shall prohibit, including but not limited to, the rental or lease of the second dwelling, and also prohibit any sale or form of ownership transfer separate from the primary dwelling on the same lot. Nothing herein is intended to modify, amend or alter the legal effect of any conditions, covenants and restrictions, or other independent or private deed restrictions that may be applicable to a lot for which a second dwelling unit is permitted under this section.
The following commercial uses shall be conditional uses and may be permitted as specified:
A. 
Drive-in theaters. Drive-in theaters in the B-2 Business District, provided that a planting screen at least 50 feet wide is created along any side abutting a residential district and no access is permitted to or within 1,000 feet of an arterial street.
B. 
Drive-in establishments serving food or beverages. Drive-in establishments serving food or beverages for consumption outside the structure in the B-2 Business District.
C. 
Motels. Motels in the B-2 Business District.
D. 
Funeral homes. Funeral homes in the B-2 Business District, provided that all principal structures and uses are not less than 25 feet from any lot line. Crematoriums within a funeral home are permissible in the B-2 Business District.
[Amended 3-17-2010 by Ord. No. 2010-8]
E. 
Drive-in banks. Drive-in banks in the B-2 Business District.
F. 
Tourist homes. Tourist homes in the B-2 Business District, provided that such district is located on a state trunk or U.S. numbered highway.
G. 
Vehicle uses. Vehicle sales, service, washing and repair stations, garages, taxi stands and public parking lots in all business districts, provided that all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street line.[1]
[1]
Editor's Note: Original § 10-1-74(h), Expressway, which immediately followed this subsection, was deleted 10-4-2006 by Ord. No. 2006-11.
The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:
A. 
Animal hospitals. Animal hospitals in the A-1 Agricultural and M-1 and M-2 Industrial Districts, provided that the lot area is not less than three acres and all principal structures and uses are not less than 200 feet from any residential district.
B. 
Disposal facilities. Dumps, disposal areas, incinerators and sewage disposal plants in the A-1-Agricultural and the M-1 and M-2 Industrial Districts. Municipal earth and sanitary landfill operations may be permitted in any district except the C-1 Conservancy District.
C. 
Commercial production.
(1) 
Commercial raising, propagation, boarding or butchering of animals, such as dogs, mink, rabbits, foxes, goats and pigs; the commercial production of eggs; and the hatching, raising, fattening or butchering of fowl in the A-1 and A-2 Agricultural Districts. Commercial raising, propagation and boarding of dogs, however, shall not be permitted in the A-2 Prime Agricultural District.
(2) 
Pea vineries, creameries and condenseries in the A-1 Agricultural and M-1 and M-2 Industrial Districts.
(3) 
Limited nonagricultural commercial activities that meet applicable regulations pertaining to home occupations/professional home offices as specified in § 320-110, or in the case of utilizing outbuildings, such commercial activities that are low profile in nature, are operated by the owner of the premises, employ no more than two nonresident employees, produce no light or noise, are compatible with the agricultural setting of the area, and are a commercial activity that would not be better suited to be maintained in a traditional commercial setting or business park.
[Added 1-7-2009 by Ord. No. 2009-2; amended 9-2-2015 by Ord. No. 2015-10]
(4) 
Limited production canning of agricultural crops grown on site or on directly adjoining parcels owned by immediate family members or by one or more business entities controlled by immediate family members, as those terms are defined at Wis. Stats. §§ 97.605(4)(a)1 and 2, for direct sale on site in the A-2 Prime Agricultural and A-1 Agricultural districts.
[Added 7-2-2019 by Ord. No. 2019-2]
(5) 
Limited processing, limited baking, limited frying and/or limited manufacture of consumable products with off-site ingredients combined with ingredients harvested on site, or on directly adjoining parcels owned by immediate family members, or by one or more business entities controlled by immediate family members, as those terms are defined at Wis. Stats., § 97.605(4)(a)1 and 2, into products for direct sale on site in the A-2 Prime Agricultural and A-1 Agricultural Districts. Processing, baking and/or manufacture of products shall occur in kitchens and equipment meeting Wisconsin Department of Agriculture, Trade and Consumer Protection standards. Direct sale of products shall be limited to seasonal time periods related to the ripeness of the agricultural ingredients.
[Added 8-3-2022 by Ord. No. 2022-5]
D. 
Housing. Housing for farm laborers and for seasonal and migratory farm workers in the A-1 and A-2 Agricultural Districts.
E. 
Manufacturing and processing in the M-1 and M-2 Industrial Districts.
[Amended 7-2-2019 by Ord. No. 2019-2]
(1) 
Manufacture and processing of abrasives, acetylene, acid, alkalis, ammonia, asbestos, asphalt, batteries, bedding, bleach, bones, cabbage, candles, carpeting, celluloid, cement, cereals, charcoal, chemicals, chlorine, coal tar, coffee, coke, cordage, creosote, dextrine, disinfectant, dye, excelsior, felt, fish, fuel, furs, gelatin, glucose, gypsum, hair products, ice, ink, insecticide, lampblack, lime, lime products, linoleum, matches, meat, oilcloth, paint, paper, peas, perfume, pickles, plaster of paris, plastics, poison, polish, potash, pulp, peroxylin, radium, rope, rubber, sausage, shoddy, shoe and lamp blacking, size, starch, stove polish, textiles and varnish.
(2) 
Manufacturing, processing and storage of building materials, explosives, dry ice, fat, fertilizer, flammables, gasoline, glue, grains, grease, lard, plastics, radioactive materials, shellac, soap, turpentine, vinegar and yeast.
(3) 
Manufacture and bottling of alcoholic beverages.
(4) 
Bag cleaning, bleacheries, canneries, cold storage warehouses, electric and steam generating plants, electroplating, enameling, forges, foundries, garbage incinerators, lacquering, lithographing, offal, rubbish or animal reduction, oil, coal and bone distillation, refineries, road test facilities, slaughterhouses, smelting, stockyards, tanneries and weaving in the M-2 Industrial District and shall be at least 600 feet from residential and public and private park districts.
F. 
Manufacturing areas in the M-2 Industrial District. Wrecking, junk, demolition and scrap yards shall be surrounded by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way and shall be at least 600 feet from residential and public and private park districts.
[Amended 3-2-2022 by Ord. No. 2022-1]
G. 
Commercial service facilities in M-1 and M-2 Industrial Districts. Commercial service facilities, such as restaurants and fueling stations, in the M-1 and M-2 Industrial Districts, provided that all such services are physically and saleswise oriented toward industrial district users and employees and other uses are only incidental customers.
H. 
[1]Second single-family residence. A second single-family residential dwelling for a child or parent of the principal farm resident in the A-2 Prime Agricultural District may be allowed by conditional use permit. The need for more than one single-family dwelling to support and carry out the permitted principal use or conditional use must be established to the satisfaction of the Town Board, subject to a recommendation from the Town Plan Commission. If approved, the second farm dwelling shall meet the standards of the R-3 Single-Family Residential District.
[Amended 10-4-2006 by Ord. No. 2006-11]
[1]
Editor's Note: Former Subsection H, Planned industrial developments, was repealed 1-7-2009 by Ord. No. 2009-2 and 5-6-2009 by Ord. No. 2009-9. These ordinances also redesignated former Subsections I through K as Subsections H through J, respectively.
I. 
Veterinary services. Veterinary services intended to service animals in an A-2 Prime Agricultural District, provided that all principal uses and streets are located not less than 200 feet from a residential district.
J. 
Storage. Storage of boats, mobile homes, recreational vehicles, automobiles, trucks, tractors, nonoperating machinery, equipment and similar property in barns and related outbuildings may be a conditional use in A-1 and A-2 Agricultural Districts and permitted as such upon application as provided in this article. Legal description and plat of survey as specified may be waived.
K. 
Office use for the provision of professional services and/or the sale of intangible personal goods, such as insurance contracts and investment products, and activities customarily associated with the conduct of such businesses including, but not limited to, customer service and claims reporting in the A-1 Agricultural District.
[Added 8-6-2014 by Ord. No. 2014-12]
[Amended by Ord. No. 2001-11]
Mineral extraction operations, including washing, crushing or other processing, are conditional uses and may be permitted in the M-2 Planned Industrial District, A-1 Agricultural District, A-2 Prime Agricultural District and in the M-3 Quarrying District provided that they were in existence prior to October 5, 1994.
A. 
Application. The application for the conditional use permit shall include an adequate description of the operation, including the quantity available and to be removed; 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 two feet; trees; proposed and existing access roads; and the depth of all existing and proposed excavations.
B. 
Reclamation plan. Reclamation plans shall be regulated by Ozaukee County's applicable reclamation ordinance: Chapter XI, Nonmetallic Mining Reclamation, Ch. NR 135, Wis. Adm. Code, and Chapter 295, Wis. Stats.
[Amended 9-5-2012 by Ord. No. 2012-18]
C. 
Validity.
[Amended 10-4-2006 by Ord. No. 2006-11]
(1) 
The conditional use permit may be in effect for a period of up to five years. Modification or additional conditions may be imposed upon application for any renewal of a conditional use permit. A conditional use permit application that seeks renewal of an existing conditional use permit under this section shall meet all of the requirements under this Zoning Code.
(2) 
The Town Plan Commission, in its recommendation to the Town Board, shall particularly consider the effect of the proposed conditional use operation upon existing Town streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the Town and shall also consider the practicality of the proposed restoration of the site.
The following public and private recreational facilities shall be conditional uses and may be permitted as specified: archery ranges, bathhouses, beaches, boating, camps, conservatories, driving ranges, firearm ranges, golf courses, gymnasiums, hiking trails, hunting, ice boating, marinas, music halls, polo fields, pools, riding, academies, skating rinks, stadiums, swimming pools and zoological and botanical gardens in the P-1 Park District, provided that the lot area is not less than five acres and all structures are not less than 100 feet from any district boundary. Commercial recreational facilities such as arcades, bowling alleys, clubs, dance halls, driving ranges, gymnasiums, lodges, miniature golf, physical culture, pool and billiard halls, racetracks, rifle ranges, Turkish baths, skating rinks and theaters are conditional uses and may be permitted in the B-2 Business District. Sport fields are conditional uses and may be permitted in all districts except residential.