§ 42-35. Conditional uses.

Latest version.

Conditional uses and their accessory uses are considered as special uses requiring review, public hearing, recommendation by the plan commission and approval by the town board in accordance with the regulations of this section. Public hearings and notice thereof shall be in accordance with the regulations set forth in section 42-49, except that publication of the notice need only be two times prior to the hearing and within only ten days prior to the hearing, and property owners within 300 feet of the proposed conditional use property lines shall also be notified by mail ten days prior to said hearing.

(1)

Approval required. Certain uses and situations that are of such a special nature or are so dependent upon actual contemporary circumstances as to make impractical predetermination of permissibility or the detailing in this chapter of specific standards, regulations, or conditions which would permit such determination in each individual situation, may be permitted as conditional uses. The fact that the conditional use may be permitted shall not infer any right thereto. Conditional uses may be denied by the town board upon planning commission recommendation so long as such action is not discriminatory or unreasonable.

(2)

Application. Application for a conditional use permit shall be made in writing to the town clerk-treasurer, setting forth the proposal and shall include the following where pertinent and necessary for adequate review:

A plat of survey with topographic information, drawn to scale of not less than 200 feet to one inch by a registered land surveyor showing the land in question, its legal description and location, location and use of existing buildings, sanitary systems and private water supplies on such land; the high water elevation of any navigable waters within 100 feet of the land in question, and the proposed location and use of any buildings, sanitary systems and wells on such land and within 300 feet of such land in question and any and all information listed in section 42-30.

The names and addresses of all owners of property within 300 feet of any part of the land included in the proposed change.

Additional information as may be required by the town.

A fee, to be established by resolution, shall be payable to the town clerk-treasurer to defray the cost of official notification of public hearing. Costs incurred in obtaining legal, planning, engineering and other technical and professional advice in connection with the review of conditional use applications and preparation of conditions to be imposed on such uses shall be charged/paid by the applicant.

Where necessary, to comply with certain state statutes, an application will be submitted to the department of natural resources.

(3)

Public hearing. The town clerk-treasurer and planner, upon receipt of the application, shall establish a date for a public hearing, and the town clerk-treasurer shall publish notice of said hearing once each week for two consecutive weeks in the official newspaper, or in a newspaper of general circulation in the area of the proposed conditional use. Notice of the public hearing shall be mailed to all property owners within 300 feet of any part of the land included in the conditional use at least ten days before such public hearing is held. Testimony of all interested parties will be recorded at the hearing and the plan commission and town board will take action as soon as possible.

(4)

Basis of approval. The determination of such conditional use shall be by the bodies hereinafter designated and shall be based on consideration of whether or not the proposed use will violate the spirit or intent of the ordinance; be contrary to the public health, safety or general welfare; be hazardous, harmful, noxious, offensive or a nuisance by reason of noise, dust, smoke, odor or other similar factor; or for any other reason cause a substantial adverse effect on the property values and general desirability of the neighborhood. Except as may be specifically otherwise provided, any such use shall conform to the building location, height and area regulations of the district in which it is located and the approving body may require compliance with such other conditions as may be deemed necessary in the specific situation in addition to any which may be hereinafter stated.

(5)

Final review and approval. The plan commission and town board shall review the proposal as submitted. Any conditions deemed necessary by the plan commission and town board or other governmental agencies may be made an integral part of the permit. These conditions shall be complied with by the applicant and any deviation or alteration of those conditions set forth in the permit shall constitute a violation of the terms of the conditional use permit. Such violation shall constitute a violation of this chapter and will be subject to prosecution and penalties under the terms of this chapter.

(6)

Determination in writing. The conditions of approval or reasons for disapproval shall be stated in writing by the determining body and a copy made a permanent part of the minutes of such body.

(7)

Application for change of conditional use permit. If any holder of a conditional use permit wishes to extend or alter the terms of said permit, he must apply for such extension or alteration through the procedure of application for conditional use permits detailed herein.

(8)

Expiration of conditional use status. Conditional use status will terminate when, after public hearing, the plan commission determines any of the following:

The conditional use has not continued in conformity with the conditions of the permit.

A change in the character of the surrounding area or in the conditional use itself causes such use to be no longer compatible with surrounding uses.

The conditional use has been discontinued for a period of 12 consecutive or 18 cumulative months in a three-year period. A business of a seasonal nature shall not be deemed discontinued during periods in which it is normally inactive (i.e., summer camps, snowmobile courses, ski areas, marinas, quarries, etc.)

Upon such determination, the owner of the premises shall be required to bring all such land and buildings into conformity with the district regulations of the district in which such former conditional use is located, and all other provisions of this chapter, within 90 days from such determination.

(9)

Conditional uses permitted. Subject to the foregoing, in addition to such uses enumerated in the district regulations, the following may be permitted in the districts specified, provided further that a joint public hearing shall be held by the town plan commission and town board before approval for any such conditional use is granted:

Airports, helicopters, landing fields and take-off strips.

Antique shops, gift shops, art studios and similar uses.

Automobile service and gas/convenience stations.

Bed and breakfast establishments.

Cemeteries and mausoleums for the burial of human remains only.

Commercial and residential ponds, fish or bait ponds, hatcheries, recreational ponds, ditching, draining, grading, dredging, topsoil and sod removal and channel improvement, but not including normal road and home construction or agricultural ditching and draining as may be excepted by Wis. Stats. ch. 30.

Commercial kennels and laboratories using animals or animal products.

Commercial vehicle operation and parking.

Communication structures, such as radio, wireless communication devices, and television transmission and relay towers, aerials, and radio and television receiving and transmitting antennas, not including ground and building mounted earth station dish antennas.

Drive-through lanes serving food or beverages to customers other than at a booth or table.

Fur farms, pig farms, pea vineries, creameries and condenseries.

In-law units.

Laboratories for testing, experimental or analytical purposes.

Legal nonconforming uses.

Motels.

Multifamily unit.

Off-street parking lot.

Outdoor theater.

Public buildings and uses.

Quarrying.

Recreation facilities (private or commercial) such as campgrounds, golf courses, swimming facilities, racquetball clubs, tennis clubs, etc.

Refuse disposal sites, landfill, public and commercial.

Residential planned unit developments.

Riding academies, stables and paddocks, horse-boarding operations (private or commercial).

Salvage yards.

Senior housing.

aa.

Uses or situations not specifically provided for in this conditional use section.

bb.

Any public water system as defined in Wis. Admin. Code NR 108.02(12).

cc.

Event venues.

[Detailed description of conditional uses.]

Airports, helicopters, landing fields, and take-off strips: the location, building and site plans and plan of operations shall be submitted for approval per section 42-30.

Antique shops, gift shops, art studios and similar uses—subject to the following:

(i)

The location, site plans and plan of operations shall be submitted for approval per section 42-30.

(ii)

Such use is compatible with respect to architecture and operation with surrounding residential land uses.

Automobile service and gas/convenience stations—subject to the following:

(i)

The location, building and site plans, and plan of operations shall be submitted for approval per section 42-30.

(ii)

No gasoline pump or other accessory equipment shall be closer than 25 feet to the base setback line.

(iii)

No lighting installations shall be permitted which create a hazard to traffic or a nuisance to surrounding property.

(iv)

A traffic impact study may be required by the town board following recognized state department of transportation standards.

Bed and breakfast establishments—subject to the following:

(i)

Site plan and plan of operations per section 42-30.

(ii)

Off-street parking shall be provided at one parking stall per rental unit and one stall per two employees.

(iii)

All buildings used in conjunction with this use shall be located a minimum of 50 feet from all lot lines.

Cemeteries and mausoleums for the burial of human remains only—subject to approval of the town board, following recommendation of the town plan commission per section 42-30.

(i)

The location, site plan and plan of operations shall be submitted to and approved by the town plan commission and board. No such use shall create flooding, concentrated runoff, inadequate drainage, unfavorable topography or restrict navigation in navigable waters.

(ii)

No such use shall be permitted on a parcel less than five acres in area.

(iii)

No building other than one used only for residence purposes shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

(iv)

Note: County shoreland and floodland protection ordinance provisions may also have jurisdiction and it is suggested that where such projects are proposed which may be within the jurisdiction of the county, that said project be referred to the county for review prior to the petitioner proceeding ahead so a joint conditional use request may go forward with the town and county.

(v)

Proposed ponds which are not to be located within the jurisdiction of the county shoreland and floodland protection ordinance shall not require county approval. Applicant shall proceed with the conditional use request with the town.

Commercial kennels and laboratories using animals or animal products—subject to the following:

(i)

The location, building and site plans and plan of operations shall be submitted for approval following section 42-30.

(ii)

No such use shall be permitted on a lot less than five acres in area.

(iii)

No building shall be closer than 50 feet to any lot line.

(iv)

Off-street parking shall be provided as required for office buildings and customer service establishments.

(v)

The number of dogs for commercial kennels shall be one dog per acre with a maximum of 20 dogs total.

(vi)

All animals shall be restricted by a fence or other approved barrier to keep the animals a minimum of 20 feet from any lot line.

(vii)

Animal feces shall be picked up and disposed of on a weekly basis, or more often, to prevent odors from causing a nuisance to surrounding properties as determined by the plan commission and town board.

(viii)

The issuance of the use permit is subject to the town finding that such use permit will not adversely affect the use of adjacent lands and is compatible with surrounding and nearby land uses.

(ix)

The town may require such measures or provisions by the applicant as may be deemed necessary to provide adequate protection of surrounding property.

(x)

The town may deny the request for such use permit on the basis of a finding that such use would be incompatible with surrounding and nearby land uses, a possible nuisance and/or not in the public interest.

Commercial vehicle operation and parking—subject to the following conditions:

(i)

The parking of a commercial vehicle may be allowed as long as the vehicle is owned or leased and operated by the owner or occupant of the premises. No such use shall be allowed on any parcel except as may front or abut directly upon an arterial street or collector street. No such activity shall be allowed in an existing or proposed residential subdivision unless such lot directly abuts or fronts on an arterial street or collector street.

(ii)

No more than one commercial vehicle shall be allowed to be parked on the premises. Such vehicle shall be fully operative and in active use.

(iii)

No such vehicle shall be allowed to be parked or stored closer than 50 feet to any adjacent lot line, and not closer than 100 feet from the base setback line. In the case of refrigerator trucks, the refrigeration unit may not be operated in the open if said truck is parked closer than 500 feet to the nearest neighboring residential structure.

(iv)

In determining whether or not the proposed conditional use permit should be issued, a determination of compatibility with adjacent land uses shall be made by the town board, upon receipt of a recommendation from the town plan commission. If it is determined that it would in any way be incompatible and represents an adverse effect or nuisance to adjacent land uses, the conditional use permit shall not be issued.

(v)

The conditional use permit shall be reviewed as determined by the town in order to determine conformance with the terms of the permit and if it is determined that the use is no longer compatible with adjacent land uses as they develop in the vicinity, the conditional use permit may be revoked in accordance with the revocation procedures contained in this chapter.

(i)

Self-supporting (without guy wire) towers less than 200 feet shall be situated on the site to self-contain any debris resulting from tower failure. In all cases, the tower shall be located no closer to a lot line than 50 feet or the offset and setback requirements, whichever is greater. In the event that the self-supporting tower is located contiguous to a residential parcel, the tower shall be set back from the lot line a distance equal to the height of the tower.

(ii)

All guy mast towers and self-supporting towers greater than 200 feet shall be situated on the site to self-contain any debris resulting from tower failure. In all cases, the tower shall be located no closer to a lot line than 50 percent of the tower height plus 25 feet. Also, in all cases, the guy wire anchors shall be located at a minimum 25 feet from the lot line or the offset and setback requirements, whichever is greater.

(iii)

Towers greater than 200 feet in height shall be located a minimum distance of 1,500 feet from any residential subdivision.

(iv)

All tower apparatus shall be securely fastened to minimize noise emissions or damages from falling.

(v)

All changes made to towers exceeding what was requested in the original application or otherwise legally existing at the date of adoption of this section, including, but not limited to, adding microwave dishes, increasing the height, or providing high power transmitting apparatus, shall require review and approval by the plan commission.

(vi)

All towers and sites shall be properly maintained and shall be kept in a good condition as not to become a public nuisance or eyesore. Proper maintenance shall include, but not be limited to, regular lawn and landscaping care, painting of an accessory building, fences, and tower. Additionally, the site shall be kept clear of junk and debris.

(vii)

Any tower declared to be a public nuisance due to poor maintenance, noise emissions, or other situation shall be subject to section 42-52.

(viii)

Documentation that there is a need for tower space in the area of the proposed tower shall be provided with the conditional use application. New towers shall not be constructed except upon a showing of significant need.

(ix)

Landscaping requirements:

For all commercial towers over 50 feet in height, the tower base, accessory building, anchor points, and parking area shall be screened with a four-foot (at time of planting) evergreen hedge consistent with the landscaping requirements for nonresidential properties.

For towers 200 feet or greater, at least one row of deciduous trees not less than a caliper of 2½ inches dbh shall be planted between the tower and public rights-of-way and residential properties. The type and amount of required landscaping shall be determined by the plan commission on a case-by-case basis.

The plan commission may allow an alternative landscaping or screening plan or waive the landscape requirements if it is determined that the landscaping will not serve a functional value based on existing topography or surrounding land uses.

(x)

All towers over 100 feet in height shall be constructed to accommodate a minimum of three and a maximum of four other providers of similar service at market rate.

(xi)

No apparatus shall be attached to any tower except as approved by the plan commission and town board. Apparatus attached legally to existing towers prior to enactment of the ordinance from which this section is derived may remain but not be increased in any way except with approval of the plan commission and town board. Approval for additional apparatus will be granted only after the applicant demonstrates a need for additional apparatus.

(xii)

The co-location of additional antennas and installation of accessory equipment cabinets or buildings shall require site plan/plan of operation approval from the plan commission and town board without additional public hearings. Plans shall be submitted and reviewed in accordance with section 42-30, site plan and plan of operation review, along with this section.

(xiii)

Removal of communication facilities. Within 90 days after termination or expiration and nonrenewal of this conditional use permit, the owner shall remove its tower, equipment cabinets and all affiliated equipment or improvements that are part of its communication facilities. In the event the communication facilities are not removed from the premises within the 90-day period, the town shall have the right to remove the tower, equipment cabinets and all other components of the communication facilities at the expense of the owner of the premises. If such costs of removal have not been paid by the owner of the premises to the town within 30 days after billing, the town may charge the costs of such removal to the owner of the premises by placing the charge on the tax roll as a special assessment pursuant to Wis. Stats. § 66.0627.

(xiv)

Prior to final approval, the owners shall furnish a certificate of insurance in a form satisfactory to the town attorney. The minimum amount of general liability insurance coverage shall be $1,000,000.00, which may be reviewed by the plan commission and town board at any time to determine the sufficiency of such amount.

10.

Drive-through lanes serving food or beverages to customers other than at a booth or table—the location, building and site plans, and plan of operations shall be submitted for approval per section 42-30. The application shall include and be reviewed based on the following information:

(i)

Traffic concerns, egress/ingress lanes.

(ii)

Stacking of vehicles.

(iii)

Screening of headlights.

(iv)

Speaker location/volume.

(v)

Adjacent uses.

11.

Fur farms, pig farms, pea vineries, creameries and condenseries—subject to the following:

(i)

The location, building and site plans, and plan of operations shall be submitted for approval per section 42-30.

(ii)

No such use shall be permitted on a lot less than 20 acres in area.

(iii)

No building, other than one used only for residential purposes, shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

12.

In-law unit—subject to the following:

(i)

The location, building plan, site plan and plan of operation shall be submitted for approval per section 42-30. Prior to scheduling a public hearing, the town plan commission shall review the specific proposal.

(ii)

The county environmental resources department shall certify that the septic system will accommodate the proposed use in accordance with all federal, state, county and local sanitary codes, including COMM 83.

(iii)

Maximum living area per in-law unit shall not exceed 800 square feet and shall contain no more than two bedrooms. There shall be an additional parking space for the in-law unit. There shall be no more than one in-law unit per single-family lot.

(iv)

Architecture of the residence shall be compatible with the adjacent residential neighborhood and shall appear to be a single-family residence. All other appropriate zoning district requirements for the principal living unit shall be complied with.

(v)

The town plan commission shall determine if it is appropriate to have an interior door between the living units if the units are contiguous, but it is not required that the living units be contiguous.

(vi)

A deed restriction shall be filed in the county register of deeds office and a copy of the recorded document presented to the building inspector prior to issuance of the building permit. This deed restriction shall state that the in-law unit is to be occupied by not more than two persons related by blood or marriage to the family occupying the principal unit and the conditional use is not transferable without formal approval of the town plan commission and town board.

(vii)

Both units of the structure must have smoke alarms installed and in working order at the time the final occupancy permit is issued.

13.

Laboratories for testing, experimental or analytical purposes—subject to the following:

(i)

The location, building and site plans, and plan of operation shall be submitted for approval per section 42-30.

(ii)

No building other than one used only for residential purposes shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

(iii)

Off-street parking shall be provided as required for office buildings and customer service establishments.

14.

Legal nonconforming uses: in any district, as provided by section 42-44.

15.

Motels—subject to the following:

(i)

The location, building and site plans and plan of operations shall be submitted for approval per section 42-30.

(ii)

No such use shall be permitted on a lot less than three acres in area.

(iii)

Off-street parking shall be provided in accordance with section 42-39.

(iv)

No building shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

(v)

All provisions of the motel regulations of the town shall be complied with.

16.

Multifamily unit—subject to the following conditions:

(i)

Location, building plans, site plan and plan of operation shall be submitted for approval per section 42-30. Prior to the public hearing being scheduled, the petitioner shall review the proposal of the multifamily unit with the town plan commission and board.

(ii)

These units shall only be permitted on an arterial or collector street, as defined in the town land division ordinance, and not on an interior subdivision street within the town or be conversions of existing farm dwellings or other large structures where it is determined by the plan commission and town board that it is not reasonable to convert said structures from a single-family residential use.

(iii)

No more than one two-unit structure on a lot may be considered when served by both a private onsite waste system and a private onsite well. All provisions of the underlying zoning district shall apply except for the following:

A two-unit structure (duplex) shall have a minimum floor area of 850 square feet per unit.

The minimum open space area as required by the underlying zoning district shall apply to each unit.

The maximum building footprint shall be 1½ times as required by the underlying zoning district.

The minimum lot area and the minimum average lot width shall be 1½ times as required by the underlying zoning district.

Each two-unit structure shall provide a minimum of a two-car attached garage with a minimum size of 440 square feet.

(iv)

More than one two-unit structure or more than two units per structure on a lot may be considered when served by both a municipal sewer system and municipal water system. All provisions of the underlying zoning district shall apply except for the following:

A two-unit structure (duplex) shall have a minimum floor area of 850 square feet per unit.

More than two-units per structure shall have a minimum floor area of 600 square feet for a one-bedroom unit, 700 square feet for a two-bedroom unit, and 800 square feet for a three-bedroom unit. An additional 100 square feet shall be required for each additional bedroom over a three-bedroom unit.

The density shall not exceed 15 dwelling units per acre if the parcel is contiguous to an incorporated municipality, and shall not exceed eight dwelling units per acre if not contiguous to an incorporated municipality.

The minimum open space required shall be 40 percent, and a maximum of 20 percent of any land zoned C-1 may be used in the calculation.

The maximum building footprint shall be two times as required by the underlying zoning district.

Structures with more than two residential units shall provide a minimum of one parking stall within an attached garage and a minimum of one surface parking stall. The location and arrangement of the garages are subject to approval by the town board upon recommendation of the town plan commission.

(v)

The method of waste disposal must be approved by the state and/or the county.

17.

Off-street parking—subject to the following:

(i)

The location, site plans, and plan of operations shall be submitted for approval per section 42-30.

(ii)

Off-street parking for the intended use shall be provided in accordance with section 42-39.

18.

Outdoor theater—subject to the following:

(i)

The location, building and site plans, and plan of operations shall be submitted for approval per section 42-30.

(ii)

No portion of the theater area shall be closer than 200 feet to the lot line of an adjoining lot in a district permitting residential use.

(iii)

A planting screen at least 40 feet in width and at least six feet high shall be provided along any lot line abutting a district permitting residential use.

(iv)

Additional highway width sufficient to provide for the safe control of traffic at the theater entrance shall be dedicated and the necessary highway improvements constructed to provide for a divided roadway, with adequate reservoir area in the center strip to shelter cars entering the theater.

19.

Public buildings and uses—subject to the following:

(i)

The location, building and site plans, and plan of operations shall be submitted for approval per section 42-30.

(ii)

Such use shall conform to the setback, height and offset requirements of the district in which it is located.

(iii)

The height limitation may be extended to a maximum of 50 feet, provided the minimum required setbacks and offsets shall be increased two feet for every additional foot of height in excess of the permitted maximum of that district.

20.

Quarrying—subject to the following:

(i)

Application for quarrying land use permit.

Quarrying permit. No quarrying operation shall take place in any district until a quarrying permit (conditional use permit) has been secured from the town board. Such conditional use permit shall be for an initial period as is deemed appropriate to the specific situation, but not to exceed three years, provided application therefor shall be made at least 60 and no more than 120 days before expiration of the original permit. Application after such date shall be treated as an original application. Application for a quarrying permit shall be made on forms supplied by the town clerk-treasurer and shall be accompanied by:

A fee established by resolution shall be submitted to defray the cost of notification and holding a public hearing.

A full and adequate description of all phases of the contemplated operation and the specific mention of type of machinery and equipment which will be or might be necessary to carry on the operation. Where the operation is to include the washing of sand and gravel, the estimated daily quantity of water required, its source and its disposition shall be made a part of this description.

A legal description of the proposed site with a map showing its location with indications of private access roads, existing or proposed, and public highways adjacent to the site which will be affected by the operation.

A topographic map of the area extending beyond the site to the nearest public street or highway or to a minimum distance of 300 feet on all sides.

A restoration plan as required by subsection (9)20.(vii) of this section.

(ii)

Procedure for action on applications.

The procedure for public hearing and approval of a quarry permit shall be as set forth in this section except that the town board shall make the final decision relative to granting a conditional use permit for the quarry. The town board shall, within 90 days after receipt of the recommendation of the town plan commission, grant or deny a permit for the proposed quarrying operation and shall be guided by consideration of the public health, safety and welfare and shall give particular consideration to the following factors in making their decision:

The effect of the proposed operation on existing roads and traffic movement in terms of adequacy, safety, and efficiency.

The effect of the proposed operation on drainage and water supply.

The possibility of soil erosion as a result of the proposed operation.

The degree and effect of dust and noise as a result of the proposed operation.

The practical possibility of restoration of the site.

The effect of the proposed operation on the natural beauty, character, land value, and land uses in the area.

The most suitable land use for the area with particular consideration for future residential value.

Additional conditions. Any conditions accessory to the granting of a permit shall be in writing and copies made a part of a permit and a part of the records of the town.

Renewals. The procedure as designated in subsections (9)20.(ii)A and B of this section shall apply to applications for renewal of a permit. Determination in regard to renewal should be based particularly on an evaluation of the effect of the continuance of the use with relation to changing conditions in the area. Where renewal is not granted, the reasons for refusal shall be presented to the applicant in writing and made a part of the records of the town.

(iii)

General requirements for quarrying.

No part of the quarrying operation shall be permitted closer than 1,000 feet, nor shall any accessory access road, parking area, or office building be permitted closer than 500 feet to a residential district except with the written consent of the owners of all residentially-zoned properties within 1,000 feet, but in no case shall such operation be permitted closer than 200 feet to a residential district.

No quarrying operation shall be permitted except in a limited industrial or general industrial district if 30 or more families reside within a half-mile radius of the center of the proposed site.

(iv)

Offset requirements. No part of the quarrying operation shall be permitted closer than 200 feet, nor shall any accessory access road, parking area, or office building be permitted closer than 50 feet to any property line except with the written consent of the owner of the adjoining property, or where said line is abutting an I-1 Limited Industrial or I-2 General Industrial District or abutting an existing quarrying operation, but in no case shall such operation be closer than permitted by the regulations of the applicable zoning district or be in conflict with the provisions of section 42-31(e) relating to preservation of topography.

(v)

Setback requirements. No part of the quarrying operation, other than access roads, shall be located closer than 200 feet to the base setback line along any street or highway.

(vi)

Operational requirements.

Fencing shall be erected and maintained around the site or around portions of the site where, in the determination of the town board, such fencing is necessary for the protection of the public, and shall be of a type specified by the town board.

All machinery and equipment used in the quarrying operation shall be constructed, maintained and operated in such a manner as to minimize dust, noise and vibration. Access and haulage roads on the site shall be maintained in a dust-free condition by surfacing or treatment as directed by the town engineer.

The crushing, washing, refining, or other processing other than the initial removal of material, may be permitted as an accessory use only as specifically authorized under the terms of the grant of permit.

In stone quarries, the production or manufacturing of veneer stone, sills, lintels, cut flagstone, hearthstones, paving stone and similar architectural or structural stone and the storing or stockpiling of such products on the site shall be considered a permissible part of the operation, provided such production does not require the use of crushing or other heavy machinery except as may be otherwise specifically authorized under the terms of the grant of permit.

The manufacture of concrete building blocks or other similar blocks, the production or manufacture of lime products, the production of ready-mix concrete and any similar production or manufacturing processes which might be related to the quarrying operations shall not be permitted except as otherwise provided in an industrial district.

The washing of sand and gravel shall be prohibited in any operation where the source of water is of doubtful capacity or where the quantity of water required will, in the opinion of the engineer, seriously affect the supply for other uses in the area.

The planting of trees and shrubs and other appropriate landscaping shall be provided where deemed necessary by the town plan commission to screen the operation so far as practical from normal view, to enhance the general appearance from the public right-of-way, and generally to minimize the damaging effect of the operation on the beauty and character of the surrounding countryside. Such planting shall be started as soon as practicable, but no later than one year after quarrying operations have begun and shall be done according to the recommendations of the county park and planning commission.

Quarrying operations shall not begin before the hour of 7:00 a.m. and shall not continue after the hour of 6:00 p.m., and no operation shall take place on Sundays or legal holidays. During periods of national or unusual emergency, time and hours of operation may be altered at the discretion of the town board and through the issuance of a special permit which shall be renewable at 30-day intervals.

(vii)

Restorative requirements.

In order to ensure that the area of quarrying operation shall be restored to a condition of practical usefulness and reasonable physical attractiveness, the owner or operator shall, prior to the issuance of a permit, submit to the town board a plan for such restoration in the form of the following:

An agreement with the town whereby the applicant contracts to restore the premises to a condition and within a time satisfactory to the town.

A physical restoration plan showing the proposed contours after restoration, plantings and other special features of restoration, and the method by which such restoration is to be accomplished.

A bond, written by a licensed surety company, in an amount sufficient in the opinion of the engineer to secure the performance of said contract.

Such agreement and bond shall be in a form approved by the town attorney.

In the event of the applicant's failure to fulfill this agreement, the town may notify the applicant and his surety of its election to perform the restoration and collect the cost thereof from the applicant or his surety.

Restoration shall proceed as soon as practicable and at the order and direction of the engineer. However, the owner or operator may, at his option, submit a plan for progressive restoration as the quarrying operation is being carried on. The required bond in such cases may cover progressive stages of the restoration for periods of not less than two years.

At any stage during the restoration, the plan may be modified by mutual agreement between the town and the owner or operator.

The kind of material used in the back filling shall not be such as to create a health hazard nor shall it be the source of complaint because of objectionable odor, combustibility or unsightliness. In all instances, the top two feet of finished grading shall consist of earth and the top six inches of such earth shall be of a quality and fertility capable of supporting a growth of grass.

Within one year after the cessation of the operation, all buildings, structures (excepting fences) and equipment shall be removed and all stock piles removed or back filled into the excavation.

In any restoration procedure which takes place in sand or gravel pits or on other sites where the material is of a loose or friable nature, no slope shall be left which is steeper than a ratio of 1½ horizontal to one vertical where restoration is in a quarry, the vertical face of any step or ledge shall not exceed six feet in height and the line of slope from the edge of any ledge to the edge of the next ledge above or below shall not exceed a one-to-one ratio. In no case shall any slope exceed the normal angle of slippage of the material involved.

(viii)

Exceptions.

The provisions of this section shall not apply to the removal of sod; provided, however, that such removal shall require approval of the town plan commission.

When the operation is limited to the removal of topsoil, the town plan commission may, consistent with the intent of these regulations, modify any or all of the provisions of this section; provided, however, that in no case shall such operation be permitted closer than ten feet from any property line, or to a depth in excess of 18 inches, or so as to adversely affect the drainage of the area.

The provisions of this section shall not apply to an operation which is incident to a legitimate use of the premises; provided, however, where such operation involves the commercial disposal of the material removed, the approval of the town plan commission shall be required and such operation shall be limited to a maximum period of six months.

In a general industrial district, the town plan commission may, consistent with the intent of these regulations, grant a permit for a period in excess of five years, and may modify the provisions relative to permitted hours of operation and to required offset and setback; provided, however, that in no case shall such requirements be less than that required by the regulations of, the general industrial district.

(ix)

Application to existing operations.

Operational requirements. The operational requirements of this section shall apply to all existing operations where such application can reasonably be made.

Plan for restoration. There shall be required, within one year after July 24, 1979, the submission of a plan for restoration of the site of any existing quarrying operation as provided by subsection (9)20.(vii) of this section. The plan for restoration in such cases shall not, however, impose requirements which are economically or engineeringly unreasonable with respect to conditions resulting from operations prior to July 24, 1979.

Permit. Within three years after July 24, 1979, any such existing operation shall be required to make application for a renewal permit the same as for reapplication in the case of a new operation under this section, except in a general industrial district.

21.

Recreation facilities (private or commercial) such as campgrounds, golf courses, swimming facilities, racquetball clubs, tennis clubs, etc. subject to the following:

(i)

The location, building and site plans and plan of operation shall be submitted for approval per section 42-30.

(ii)

No such use shall be permitted on a lot less than three acres in area.

(iii)

No building, other than one used only for residence purposes, shall be closer than 50 feet to the lot line of an adjoining lot in a district permitting residential use.

(iv)

Off-street parking shall be provided as required per section 42-30 and be adequate to meet the particular needs of the proposed use.

(v)

No such permitted use shall include the operation of a commercial facility such as a restaurant, except as may be specifically authorized in the grant of permit.

(vi)

Light poles shall be limited to a height of 75 feet.

22.

Refuse disposal sites, landfill, public and commercial—subject to the following:

(i)

The location, building, and site plans, plan of operations, and plan of restoration shall be submitted for approval per section 42-30 and the state solid waste disposal standards.

(ii)

Such plans shall be approved or disapproved upon consideration of the effects on topography, drainage, water supply, soil conditions, roads and traffic, and present and ultimate land development use.

(iii)

Only sanitary landfill refuse disposal methods, subject to standards established and enforced by the county health department and the department of natural resources shall be used. Permission to burn refuse before covering must be specifically included in the zoning permit, and may be separately withdrawn at any time the smoke or smell constitute a health or safety hazard. All garbage must be covered to the specified depth prior to the end of a day during which disposal has taken place.

(iv)

A responsible person shall be in attendance during the hours of operation, which hours shall be subject to the approval of the town board. No refuse disposal shall take place except during the specified hours of operation, and with the attendant present.

A non-flammable fence, with a gate which can be locked, must be erected to encompass the disposal site to prevent refuse disposal and scavenging during non-operating hours, and the attendant shall retain the key.

Such fence, and additional auxiliary portable fence, such as snow fence, that will minimize the nuisance of blowing paper, shall be approved by the town board.

(v)

Requirements.

Setback. No refuse disposal shall take place nor shall structures pertinent thereto be constructed closer than 200 feet to the base setback line.

Offset. No refuse disposal shall take place closer than 200 feet to any property line, nor shall refuse disposal take place closer than 500 feet to any existing dwelling or to the site of a dwelling for which a building permit has been issued prior to the application date for the conditional use permit, nor closer than 500 feet to a district zoned R-E, R-1, R-2, or R-3 Residential at the time of the grant of permit. No refuse disposal shall take place closer than 500 feet to a permanent business or industrial structure without the written consent of the owner of that adjacent property, and the written approval of the county health department, and the state department of natural resources.

Additional requirements. Restrictions as to types and sources of refuse, if needed, shall be the responsibility of the town board, under advisement of the county health department. A planting plan, as approved by the town plan commission, shall be included in the plan of operations.

(vi)

All existing refuse disposal operations shall be registered by the operator within 60 days after the adoption of the ordinance from which this chapter is derived with the town clerk-treasurer, submitting pertinent data relative to present operation, including the boundaries of the actual operation and ownership. A permit shall be granted to such existing operation subject to compliance with a plan of operations satisfactory to the approving bodies. A plan of restoration shall be submitted to the town by the operator within one year of the adoption of the ordinance from which this chapter is derived, together with a surety bond to ensure such restoration. Such operation and restoration plans shall not impose requirements which are economically or engineeringly unreasonable with respect to conditions resulting from operations prior to enactment of the ordinance from which this chapter is derived.

23.

Residential planned unit developments—due to the increased urbanization and the associated greater demands for open space, it is herein provided that there be flexibility in the regulations governing the development of land. This provision is intended to encourage planned unit development in directions that recognize both the changes in design and technology in the building industry, and the new demands in the housing market. It is intended that these provisions create communities with open area. An overall development plan must be submitted to the town plan commission and town board for review and approval subject to the following:

(i)

There shall be no specific lot size, offset, setback, minimum open space per lot required within a planned unit development. Lot areas shall be determined and may be modified according to the following conditions:

That all sanitary provisions are approved by the county health department.

That the proposed development is not contrary to the general welfare or economic balance of the community, and that benefits and amenities of the resultant development justify the variation from the normal requirements of the district in which it is located.

That all other requirements of the planned unit development are met as set forth herein.

(ii)

Residential planned unit development.

The following table shall be utilized as a minimum to compute the maximum dwelling unit density and minimum common open space requirements for the planned unit development:

Minimum Common Open Space and Density
Density	Districts	Common Open Space
	Districts	20%	30%	40%	50%
	A-1	120,000	116,000	113,000	110,000
	R-E	120,000	116,000	113,000	110,000
	R-SE	85,000	82,000	80,000	78,000
	R-1	43,000	41,000	40,000	39,000
	R-2	30,000	29,000	28,000	27,000
	R-3	20,000	19,000	18,000	17,000

Example—computing maximum dwelling unit density in a planned unit development with 20 percent common open space in an R-1 District:

Gross acreage—100 acres

Less 80 percent of ten acres zoned C-1—eight acres

Less ten acres devoted to commercial use—ten acres

Total residential acreage in square feet (82 acres x 43,560) 3,571,920 square feet divided by square feet/dwelling unit requirements for R-1 Residential District (3,571,920÷43,000) equals 83 units

The common open space of the development shall be clearly delineated within the development as an outlot or easement and shall not include open space within a developable lot. Up to 20 percent of the land in the proposed development currently zoned C-1 may be used in this open space computation.

Adequate guarantee shall be provided for permanent retention of common open space resulting from these regulations, either by private reservation, or by public dedication. Buildings or uses for non-commercial, recreational, or accessory facilities may be permitted in such common open space area with the approval of the town plan commission and town board. When used in the A-1 Agricultural District, the permanency of open areas when set aside as farm fields may be subject to review and change at a future time when it is no longer desirable to retain an agricultural or rural atmosphere due to increased needs and demands for space for additional development as determined by the town board. Appropriate measures may be established in open space easements granted to the town allowing the conversion of said fields to provide for additional density and development consistent with the reasonable intent of this chapter and consistent with the density of the development on surrounding lands.

Perpetual care and maintenance of such open space areas shall be provided for and an operational plan shall be submitted for approval to the town plan commission and town board.

Ownership and tax liability of the open space areas shall be established in a manner acceptable to the town and made a part of the conditions of approval.

(iii)

After all conditions of a planned unit development project are certified by the town board and plan commission as being completed, the conditional use status of such completed development shall be changed to a permitted use in the district in which it is located.

24.

Riding academies, stables and paddocks, and horse boarding operations (private or commercial)—subject to the following:

(i)

The location, building and site plans and plan of operations shall be submitted for approval per section 42-30.

(ii)

No such use shall be permitted on a lot less than five acres in area.

(iii)

No building, other than one used only for residence purposes, shall be closer than 100 feet to the lot line of an adjoining lot in a district permitting residence use.

(iv)

Off-street parking shall be provided, as required by the town plan commission and town board, adequate to meet the particular needs of the proposed use.

(v)

No such permitted use shall include the operation of a commercial facility such as a bar or restaurant except as may be specifically authorized in the grant of permit.

25.

Salvage yards—sites used for the storage or sale of salvageable materials, or for the purpose of salvage, wrecking, dismantling, or demolition of salvageable materials, are permitted subject to the following:

(i)

The location, building and site plans and plan of operations shall be submitted for approval per section 42-30.

(ii)

The outside storage area used in the salvage yard operation shall not exceed 30 percent of the lot area.

26.

Senior housing. The term "senior housing" refers to a dwelling unit designed and constructed to be occupied by senior persons. A senior person is a person who is 55 years of age or older on the date such person intends to occupy the premises, or one's spouse who is a senior person as defined herein. Guests are allowed to stay no more than 30 days in any calendar year.

(i)

The appropriateness of a particular site for senior housing shall be decided at the discretion of the plan commission and town board following the criteria herein.

(ii)

In the R-3 Residential District, B-1 and B-3 Business Districts are subject to the following conditions:

Building plans, site plans, landscaping plans and plan of operation shall be submitted for approval per section 42-30. Prior to the public hearing being held, the petitioner shall review the proposal with the plan commission. Such facilities shall be located in close proximity to retail shopping including grocery stores, pharmacy, banking and restaurants or transportation services such as municipal bus, taxi, van/bus shuttle service, etc., shall be available on site or along the street directly abutting the lot.

The primary entrance shall be located on an arterial or collector street with sidewalks. Such facilities shall be served by municipal sewer. Municipal water, if available, shall be used to serve the facilities. If a private well or water system will be utilized, a municipal size/capacity water supply system is required to meet the needs of the facility pursuant to the state plumbing code.

No such use shall be permitted on a lot less than two acres in area.

A minimum of 30 percent of the site's area shall be retained as green space. There shall be at least one area of continuous green space that provides for outside walking area and sitting area with a minimum width of 20 feet and a minimum size of 10,000 square feet.

Offsets and setbacks shall conform to the minimum dimensions required in the zoning district in which it is located with a minimum offset of 20 feet. The building height maximum is 35 feet.

Minimum living areas shall apply as follows: 650 square feet for a one bedroom unit, 850 square feet for a two bedroom unit or greater. Efficiency units shall not be permitted. Laundry facilities shall be provided on each floor of the building. A common use room is required for the residents.

Underground or aboveground garage parking shall be provided for at least two-thirds of the units. A minimum parking ratio of 1.05 parking spaces per unit shall be provided.

Density shall be no more than 20 units per acre.

The 55 year age restriction shall not apply to one unit that is occupied by the owner, manager or operator of the building with one or more family members of such owner, manager or operator, if any of such persons that are regularly engaged in the performance of substantial duties is directly related to the management or maintenance of the building.

27.

Uses or situations not specifically provided for in this conditional use section which may be determined to be acceptable under the provisions of this section and in the judgment of the plan commission and town board, meet the intent of the conditional use section as set forth in section 42-35.

28.

Any public water system, as defined in Wis. Admin. Code NR 108.02(12), which is incorporated herein as reference:

(i)

Section 42-35(9)27. created by ordinance on September 23, 2010.

(ii)

Section 42-35(9)24. amended by ordinance on November 17, 2010.

(iii)

Section 42-35(9)20.(ix) created by town board approval on March 10, 2011.

(iv)

Section 42-35(9)12. amended by ordinance on 2015-01.

(v)

Section 42-35(9)16. amended by ordinance on 2015-02.

29.

Event venue. An event venue is a location (i.e., premise, lot, building, and/or structure) which is rented to third parties for events (i.e., weddings, fundraisers, meetings/conferences, birthday celebrations, and/or anniversaries). Food shall be prepared and served by a professional catering service. Beverages will be sold/served by the owner/operator of the venue or a professional catering service. An event shall not exceed 300 guests. Only one event may take place at one time. The assembly of temporary tents, canvas, plastic, etc., is prohibited. An event venue is allowed in any zoning district, subject to the following:

(i)

The location, building, and site plan and plan of operation shall be submitted for approval per section 42-30.

(ii)

No such use shall be permitted on a lot less than 20 acres in area.

(iii)

No such use shall be allowed on any parcel except as may front or abut directly upon an arterial or collector street and the event venue access to the parcel shall be from the arterial or collector street.

(iv)

No such use shall be permitted unless served by a private onsite waste system and a private on-site well, a municipal sewer system and municipal water system, or a combination of a private system and municipal system.

(v)

No building, structure and/or use shall be closer than 100 feet to the lot line of an adjoining lot in a district permitting a residential use.

(vi)

Off-street parking shall be provided in accordance with section 42-39.

(vii)

Live/amplified music shall not exceed 75 decibels at the property line. The town plan commission and board may prohibit music being piped, amplified or permitted outside of a building and/or structure if the noise level becomes an issue. The term "event venue" does not apply to private clubs, private commercial recreational facilities, theaters, dance halls and other amusement places, and restaurants.

(Ord. of 10-24-2017, § 13-2-9)

                    
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