[Amended by Ord. No. 97-19]
A. Review and approval.
(1) Permits for new construction or additions to existing
structures and buildings for commercial, industrial, institutional
or multifamily uses shall require site plan approval as set forth
in this section. The purpose of such approval is to assure site designs
which promote compatibility between land uses, create safe and attractive
site layouts and structures, provide proper access to streets and
transportation, protect property values and contribute to efficient
land use in Pierce County.
(2) The Land Management Committee or its designee shall
review the site, existing and proposed structures, architectural plans,
neighboring uses, use of landscaping and open space, parking areas,
driveway location, loading and unloading areas, highway access, traffic
generation and circulation, lighting, drainage, water and sewer systems
and proposed operations.
B. Fee. All site plans shall be accompanied by a fee
as established by resolution of the County Board.
C. Site plan requirements. All site plans shall contain
the following information:
(1) Identification.
(b)
Owner's and/or developer's name, address and
telephone number.
(c)
Architect and/or engineer's name, address and
telephone number.
(e)
Date site plan was prepared.
(2) Graphic representation.
(a)
Three copies of the site plan shall be submitted.
(b)
Site plan scale shall be no less than 50 feet
to the inch and shall show date, North arrow and graphic scale.
(3) Site plan information.
(a)
Lot boundaries, including legal description,
and required setback distances.
(b)
Location of all public and private roads, Official
Map streets and easements.
(c)
Location of all watercourses, drainage ditches,
shoreland-wetlands, floodplains and required setbacks.
(d)
Location of all existing and proposed public
and private utilities, wells, drainage structures and lighting.
(e)
Existing and proposed structures and buildings,
structures to be removed the proposed use of all structures and their
dimensions.
(f)
Floor plans and elevations, including dimensions,
and exterior plans showing the design and character of each structure
and building.
(g)
Traffic aspects of existing and proposed driveways
and parking lots, including parking stall sizes and layout, handicap
stalls and ramps, loading zones, driveway widths and traffic direction,
sidewalks and pedestrian walkways and similar improvements.
(h)
Existing and proposed vegetation, areas of permanent
open space, landscaping, fences, ground cover, areas of filling and
grading in excess of six inches and contours.
(j)
Operation plans, construction schedule and construction
phases.
(k)
Other pertinent information as may be requested
by the Land Management Committee or its designee. Items from the list
of required information may be waived by the reviewer.
D. Review and findings. The Land Management Committee
or its designee shall review the site plan following submittal of
complete and acceptable site plan materials. The Land Management Committee
or its designee shall not approve a site plan unless it is determined
that the proposed site plan is in conformance with the intent and
purpose of this chapter and is consistent with the following scope
of review. No land shall be used or structure erected where the land
is held unsuitable for such use or structure by the site plan reviewer
by reason of flooding, concentrated runoff, inadequate drainage, adverse
soil or rock formation, unfavorable topography, low percolation rate
or bearing strength, erosion susceptibility or any other feature or
condition likely to be harmful to the health, safety, prosperity,
aesthetics and general welfare of the county. Any comments or objections
to the site plan or general suitability of the site shall be communicated
to the applicant, who shall have an opportunity to respond and amend
the site plan. The review shall include:
(1) The relationship of the site plan to adopted land
use plans and policies.
(2) Parking, loading, traffic generation and circulation
layout so as to:
(a)
Minimize hazardous traffic movements.
(b)
Achieve efficient traffic flow in accordance
with standards in the Institute of Traffic Engineers Transportation
and Traffic Engineering Handbook.
(c)
Provide for the optimum number of parking spaces.
(d)
Provide for optimum loading and unloading in
the case of commercial and industrial uses.
(e)
Provide for optimum access to public streets
and highways.
(f)
Provide for pedestrian safety.
(3) Provisions for surface and subsurface drainage and
for connections to water and sewer lines so as not to overload existing
public utilities nor increase the danger of erosion, flooding, landslide
or other endangerment of adjacent or surrounding properties.
(4) The use of landscaping so as to:
(a)
Maintain existing mature trees and shrubs to
the maximum extent as is practical.
(b)
Buffer adjacent uses which may be incompatible.
(c)
Screen unsightly activities from public view.
(d)
Break up large expanses of asphalt and buildings
with plant material.
(e)
Provide an aesthetically pleasing landscaping
design.
(f)
Make optimum use of open spaces.
(g)
Provide plant materials and landscaping designs
that can withstand the county's climate.
(5) Location of principal structures, accessory structures,
lighting, freestanding signs, refuse containers, mechanical equipment,
etc., so that their locations do not impede safe and efficient traffic
flow, do not adversely impact the development of adjacent property
or the character of the surrounding neighborhood and do create an
attractive grouping, spacing and placement of buildings and structures
in relation to the site and its environs.
(6) The operations of the proposed use to avoid any negative
activity effect on adjacent properties.
E. Sureties. The Land Management Committee may impose
time schedules for completion of buildings, parking areas, open space
uses, drainage and erosion control systems and landscaping. The Land
Management Committee may require appropriate sureties, including but
not limited to cash bonds, performance bonds, maintenance bonds and
letters of credit, to guarantee that requirements will be completed
on schedule. Failure to complete required improvements within specified
time limits shall constitute a zoning violation.
F. Appeals. Any person or persons aggrieved by any decision
of the Land Management Committee's designee related to site plan review
may appeal the decision to the Land Management Committee. Such appeal
shall be filed with the Zoning Administrator within 30 days of the
decision.
[Amended by Ord. No. 97-19]
A. Applicability. A conditional use permit shall be required
for the establishment of each use permitted as a conditional use and
for an addition to or expansion of a nonconforming structure, or expansion
or intensification of, a nonconforming use. Expansion of a use permitted
as a conditional use shall also require a conditional use permit,
except that the minor expansion of a building housing a use permitted
as a conditional use which would not increase the scale or intensity
of that use shall only require a land use permit.
B. Application.
(1) An application for a conditional use permit shall
be submitted to the Zoning Administrator upon forms furnished by the
Pierce County Department of Land Management. The application shall
contain the following information:
(a)
All the information required for a land use permit listed in §
240-73.
(b)
Upon written request by the Zoning Administrator,
such additional information as may be required by the Zoning Administrator
so that the Land Management Committee can determine whether or not
the proposed use at the proposed location will not be contrary to
the public interest and will not be detrimental or injurious to public
health, public safety or the character of the surrounding area. The
written request shall contain an explanation of why the additional
information is needed.
(c)
Water supply and sewage disposal. Where the
proposed use involves human occupancy, satisfactory evidence that
a safe and adequate supply of water and approved sewage disposal facilities
will be provided, in accordance with the requirements of the Pierce
County Sanitary Ordinance, shall be submitted.
(2) Fee. All conditional use permit applications shall
be accompanied by a fee established by the County Board of Supervisors.
(3) No application shall be accepted by the Zoning Administrator
until complete as judged by the Zoning Administrator and until all
fees established by Pierce County have been paid in full.
C. Public hearing. A public hearing shall be held by the Land Management Committee after a public notice has been given as provided in §
240-81. At the public hearing, any party may appear in person or be represented by an agent.
D. Determination. Following review, investigation and
public hearing, the Land Management Committee shall render a decision
in writing.
(1) If the application is approved, such decision shall
include an accurate and complete description of the use as permitted,
including all the conditions attached thereto.
(2) If the application is denied, the reasons for denial
shall be stated.
E. Basis of approval.
(1) The Land Management Committee shall review each conditional
use permit application for compliance with all requirements applicable
to that specific use and to all other relevant provisions of this
chapter. In approving conditional uses, the Land Management Committee
also shall determine that the proposed use at the proposed location
will not be contrary to the public interest and will not be detrimental
or injurious to the public health, public safety or character of the
surrounding area.
(2) To aid in the review of the proposed project against
the above criteria, the Land Management Committee may evaluate the
following specific criteria but shall not be limited thereto:
(a)
Whether the proposed project will adversely
affect property in the area.
(b)
Whether the proposed use is similar to other
uses in the area.
(c)
Whether the proposed project is consistent with
adopted Pierce County plans or any officially adopted town plan.
(d)
Provision of an approved sanitary waste disposal
system.
(e)
Provision for a potable water supply.
(f)
Provisions for solid waste disposal.
(g)
Whether the proposed use creates noise, odor
or dust.
(h)
Provision of safe vehicular and pedestrian access.
(i)
Whether the proposed project adversely impacts
neighborhood traffic flow and congestion.
(j)
Adequacy of emergency services and their ability
to service the site.
(k)
Provision for proper surface water drainage.
(l)
Whether proposed buildings contribute to visual
harmony with existing buildings in the neighborhood, particularly
as related to scale and design.
(m)
Whether the proposed project creates excessive
exterior lighting glare or spillover onto neighboring properties.
(n)
Whether the proposed project leads to a change
in the natural character of the area through the removal of natural
vegetation or altering of the topography.
(o)
Whether the proposed project would adversely
affect the natural beauty of the area.
(p)
Whether the proposed project would adversely
affect any historic or archaeological sites.
(3) The applicant's failure to satisfy the criteria listed in Subsection
E(2) or any other applicable requirement in this chapter may be deemed grounds to deny the conditional use permit. At all times the burden of proof to demonstrate satisfaction of these criteria remains with the applicant.
(4) Applications for conditional use permits in the Exclusive
Agriculture District shall comply with any restrictions or limitations
contained in Chapter 91, Wis. Stats. Prior to approving any conditional
uses in the Exclusive Agriculture District, the Land Management Committee
shall make findings that the conditional use is necessary, in light
of alternative locations for such use, and the conditional use is
consistent with agricultural use, as required under § 91.75,
Wis. Stats.
[Amended by Ord. No. 99-11]
F. Conditions and restrictions. The Land Management Committee
may, in approving an application for a conditional use permit, impose
such restrictions and conditions that it determines are required to
prevent or minimize adverse effects from the proposed use or development
on other properties in the neighborhood and on the general health,
safety and welfare of the county. Such conditions may include financial
sureties. The Land Management Committee may limit the use of land
to one specific use permitted in the zoning district for which the
conditional use permit is sought.
G. Expiration. All conditional use permits shall expire
12 months from the date of issuance where no action has commenced
to establish the authorized use. If a time limit has been imposed
as a condition for the permit, the permit shall expire at the end
of the time limit.
H. Notification.
(1) Pursuant to § 91.75(5), Wis. Stats., the
Pierce County Department of Land Management shall notify the Wisconsin
Department of Agriculture, Trade and Consumer Protection of all conditional
uses approved in the Exclusive Agricultural District.
I. Termination. If an established conditional use is not conducted in
conformity with the permit or this chapter, the conditional use permit
may be terminated by action of the Land Management Committee. If an
established use permitted as a conditional use ceases for a period
of more than 12 months, the conditional use permit shall terminate,
and all future activity shall require a new conditional use permit.
[Amended 4-22-2008 by Ord. No. 07-09]
J. Resubmission. A conditional use permit application
that has been heard and decided shall not be eligible to be resubmitted
during the six months following the decision. The six-month period
may be waived by the Land Management Committee, provided that the
applicant submits a written report identifying how the new application
differs materially from the previous application or identifying substantial
new evidence that will be offered, and provided that the Land Management
Committee votes, by simple majority, that the changes or new evidence
would be of such significance that the Committee might consider changing
the previous decision.
K. Appeal. Persons aggrieved by conditional use permit
decisions issued by the Land Management Committee may, within 30 days
of the filing of each such decision in the office of the Zoning Administrator,
file a certiori review action with the Pierce County Circuit Court.
No land shall be occupied or used and no building
or structure hereafter erected, altered or moved shall be occupied
until a certificate of compliance is issued by the Zoning Administrator
documenting that the use, building or structure conforms to the provisions
of this chapter.
When public hearings are required by this chapter
or by Wisconsin statutes, the following shall apply:
A. Notice for public hearings.
(1) Notice of any public hearing which the Land Management
Committee or Board of Adjustment is required to hold shall be given
by publishing in the county a Class 2 notice in accordance with Chapter
985, Wis. Stats. The notice shall specify the time and place of such
hearing.
(2) If the public hearing involves a petition for a zoning
amendment, a copy of the hearing notice shall be mailed by registered
mail to the town clerk of each town affected by the proposed amendment
at least 10 days prior to the date of such hearing.
(3) If the public hearing involves a variance or an appeal
before the Board of Adjustment, the Board of Adjustment shall give
due notice to the parties in interest.
B. Public hearing procedures. The Land Management Committee
or Board of Adjustment may adopt any formal or informal public hearing
procedures.