Village of Random Lake OrdinanceCHAPTER 17 ZONING CODE(Recodified Ord. #1-04)
17.101 R-5 R-PUD RESIDENTIAL PLANNED UNIT DEVELOPMENT DISTRICTS (Cr. Ord. #13?]98)
(1) INTENT. The Residential Planned Unit Development (R?]PUD) Overlay District regulations are intended to permit flexibility and, consequently, encourage more creative and imaginative design for residential development of a site than under conventional zoning regulations while, at the same time, preserving the health, safety, order, convenience, prosperity and general welfare of the Village. The planned development procedure requires a high degree of cooperation between the developer and the Village. The procedure described herein is designed to give the developer general plan approval before completing all detailed design work while providing the Village with assurances that the project will retain the overall quality and character of a planned residential development envisioned at the time of approval.
(2)GENERAL PROVISIONS. The Plan Commission may recommend and the Village Board may, upon the request of the owners, establish planned development overlay districts which will, over a period of time, tend to promote the maximum benefit from coordinated area site planning by permitting the diversified location of structures and mixed dwelling types and compatible uses while encouraging maximum protection and preservation of natural resources and environmentally sensitive areas located within and impacted by such development.
(a)Minimum R?]PUD Overlay District Development Area. The Plan Commission shall be the authority in establishing the required size of an R?]PUD Overlay District. Conditions to be considered by the Plan Commission in determining the minimum area required for R?]PUD Overlay District zoning may include, but are not limited to, the following:
1.Natural features of the land are such that development under standard zoning regulations would not be appropriate in order to conserve such features.
2.The land is adjacent to or across the street from property which has been developed as an R?]PUD and is to be developed in relationship to such prior development.
3.The R?]PUD process is desirable to insure compatibility and careful consideration of the effect of a development on surrounding land uses.
4.Detrimental site features affecting the development potential of a site such as heavily used highways, railroad tracks traversing a property, rock outcroppings, adjacent incompatible land uses or others may also justify consideration of an area as an R?]PUD in order to give the design flexibility needed to deal with site constraints.
(b)Permitted and Accessory Uses. Permitted and accessory uses in an R?]PUD Overlay District shall be the same as those permitted in the underlying existing zoning district in which an R?]PUD is located. If a developer desires uses different than those permitted by the existing zoning, the developer shall simultaneously petition for rezoning of the underlying existing zoning to a zoning district which permits the desired uses.
(c)Mixed Uses. A mix if different residential uses within an R?]PUD Overlay District may be permitted if the Plan Commission and the Village Board determine that the mix of uses is compatible internally and with land uses in the abutting and surrounding neighborhood and necessary to achieve the objectives of the R?]PUD Overlay District.
(d)Number of Buildings on a Lot. The R?]PUD Overlay District may permit more than one residential building on a lot.
(e)Density. The R?]PUD Overlay District may permit the transfer of density (dwelling units) from one portion of the subject site to another and will permit the clustering of dwelling units in one or more locations within the total site. However, the density of use shall not exceed the density permitted in the underlying existing zoning district or districts.
(f)Setbacks. Front yard setbacks shall comply with that of the underlying zoning district or districts. Side and rear yard setbacks are to be determined by the Plan Commission after considering site specific areas.
(g)Building Requirements. The building regulations of the underlying zoning shall be applicable for all developers.
(h)Temporary Uses. Real estate field offices or shelters for materials and equipment being used in the construction of a permanent structure are permitted.
(i)Buffers. The Plan Commission may require buffers between different and potentially incompatible land uses, buildings and structures. The use and integration of existing, natural features and vegetation as well as the installation of a variety of landscaping features shall be used as buffers and is strongly encouraged. The need for buffers in an R?]PUD Overlay District shall be determined by the Plan Commission at the time of site specific plan review.
(j)Open Space. The Plan Commission may require the development area of an R?]PUD Overlay District to contain up to 20% open space as determined by the Plan Commission on a site specific basis. When deemed appropriate, the Plan Commission may also reduce density for open space purposes. For purposes of satisfying this requirement, "open space":
1.May include floodplain area and wetland area in certain instances if permitted by the Plan Commission.
2.May not include streets, driveways and front yard setback requirements.
3.Shall be established as part of the general development plan and described and identified as to size, location, use, improvements (if any) and maintenance responsibility.
(3)APPLICATION PROCEDURE AND REQUIRED INFORMATION. (a) Preliminary Consultation. An applicant shall meet with the Plan Commission and appropriate Village staff members for a preliminary consultation prior to formally submitting a rezoning petition for an R?]PUD Overlay District. The purpose of this preliminary consultation is to discuss the proposed request and review the local regulations and policies applicable to the project and discuss the land use implications of the proposal.
(b)Rezoning Petition and General Development Plan. The applicant shall submit a rezoning petition in accordance with the application procedure described in sec. 17.26 of this chapter. In addition to the required information noted in sec. 17.26, a general development plan shall be submitted to the Plan Commission and the Village Board for review 30 business days prior to any rezoning hearing. The general development plan and supporting information shall contain and/or address the following:
1.Plot plan of area proposed for development.
2.Proposed location of public utilities, public and private roads, driveways and parking facilities.
3.Size, arrangement and location of all proposed buildings.
4.Location of proposed open space areas, buffer yards and areas reserved or dedicated for public uses.
5.Perspective drawings and sketches illustrating the design and character of proposed structures.
6.Existing topography on site with contours at no greater than 2 foot intervals National Geodetic Vertical elevation.
7.A development phasing plan if development is to be developed in stages or phases.
(c)Public Inspection. The general development plan shall be available for public inspection prior to any rezoning hearing on the proposed project.
(d)Public Hearing. The Plan Commission shall hold a public hearing on the rezoning request and, following said public hearing, shall make a recommendation to the Village Board regarding approval/disapproval.
(e)Rezoning Approval/Disapproval. The Village Board shall act on the recommendation of the Plan Commission regarding the rezoning petition at their next scheduled meeting.
(4)CONDITIONS AND RESTRICTIONS, PRELIMINARY PLAN APPROVAL. (a) The Plan Commission may recommend and the Village Board may adopt, by resolution, conditions and restrictions for R?]PUD Overlay Districts that specify permitted uses and set bulk regulations and density standards for lot coverage and dwelling unit size and distribution and yard setbacks.
(b)Conditions and restrictions adopted to govern development within a specific R?]PUD Overlay District may include, but not be limited to, nonstandard or nonuniform requirements, regulations and provisions recommended by the Plan Commission and approved by the Village Board. Such nonstandard requirements, regulations and provisions shall be designed to insure proper development and appropriate operation and maintenance of specific developments on specific sites consistent with the intent of these regulations and commitments made by a developer at the time an R?]PUD Overlay District and general development plan are approved.
(5)DETAILED PLANS AND INFORMATION. (a) After the R?]PUD zoning has been granted and the general development plan, together with conditions imposed by either the Plan Commission or the Village Board, has been approved, detailed site plans, architectural plans and utility plans shall be submitted to the Plan Commission for final review prior to the execution of a developer's agreement between the developer and the Village Board. Other related information required may include, but is not limited to, maintenance standards and plans of operation. The detailed plan and information shall conform substantially to the general development plan as approved.
(b)Information to be included in the detailed plan shall conform to the following subsections of sec. 19.06 of this Code where applicable:
1.General Requirements. A final plat prepared by a registered land surveyor shall be required for all developments. It shall comply in all respects with the requirements of Sec. 236.20, Wis. Stats.
2.Additional Information. The plat shall show correctly on its face, in addition to the information required by Sec. 236.20, Wis. Stats., the following:
a.Exact length and bearing of the center line and center and center line curves of all streets.
b.Exact street width along the right of way line of any obliquely intersecting street.
c.Railroad rights of way within and abutting the plat.
d.Setbacks or building lines, if required by the Plan Commission, in accordance with the guidelines set forth in section 19.08 of this Code.
e.Utility and/or drainage easements.
f.All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.
g.A detailed landscaping plan.
h.Special restrictions required by the Village Board relating to access control along public ways and delineation of floodland limits.
3.Deed Restrictions. The Village Board may require that deed restrictions imposed by the developer be filed with the final plat.
4.Plat Restrictions. The Village Board may require that plat restrictions intended to reflect Village plans and ordinances be placed on the face of the plat.
(6)REVIEW OF DETAILED PLAN. The Plan Commission shall review the detailed plan and provide the developer with a list of changes and additional requirements as it deems appropriate. Upon reaching agreement with the developer, the Plan Commission shall forward its recommendation to the Village Board.
(7)ARCHITECTURAL REVIEW. Building plans shall also be submitted to the Architectural Review Board for their review and approval prior to the issuance of a building permit. (See sec. 17.201 of this chapter)
(8)COMMENCEMENT OF PROJECT. (a) After the Village Board, upon recommendation of the Plan Commission, has approved the detailed site plans, construction of private and public amenities may commence in accordance with sec. 19.10 of this Code.
(b)No building permit for residences shall be issued until building plans have been approved by the Architectural Review Board and all applicable fees and assessments required in sub. (13) below and sec. 19.11 of this Code have been paid and either all public and private construction has been completed and approved or a developer's agreement, including a letter of credit, has been approved by the Village Board. For staged development, such developers' agreements shall provide for the construction of improvements and the use of common areas outside of the subject stage.
(c)After the Village Board, upon the recommendation of the Plan Commission, has approved the plans, the project shall be commenced within one year unless the time is extended in writing by the Village Board. In the event the project is not so timely commenced, the approval of the Village Board shall be deemed to be automatically revoked and zoning will revert back to the classification it held prior to rezoning approval.
(9)RECORDATION. The final plat or condominium declaration shall be recorded with the County Register of Deeds. Plats shall be recorded only after the certificates of the Director of Planning Function in the Wisconsin Department of Development, of the Village Board, of the surveyor and those certificates required by Sec. 236.21, Wis. Stats., are placed on the face of the plat. The Clerk?]Treasurer shall record the plat or condominium declaration within 10 days of its approval by the Village Board. The developer shall, however, be responsible for payment of the recording fee.
(10)DUPLICATE PLAT OR CONDOMINIUM DECLARATION AND PLAT TO BE FILED. An identical reproducible copy on stable drafting film at least 4 mils thick, along with the recording data, shall be placed on file with the Director of Public Works. See also Sec. 19.041 of this code.
(11)MAINTENANCE OF PROJECT. (a) Should the owner of a planned development, homeowners' association or the condominium owners' association, in the event a condominium is created, fail to properly operate or maintain the premises according to the terms of this section or the developer's agreement, or to the extent that a nuisance is caused to occupants or neighbors, the Plan Commission may refuse to approve subsequent stages of the development until such time as they determine that the situation and/or the method of operation has been corrected. Failure to maintain the premises and/or satisfy any and all requirements contained in the approved plans, the R?]PUD Overlay District ordinance or developer's agreement shall constitute a violation of the Zoning Code and be subject to the enforcement provisions set forth therein.
(b)Should the owner of a planned development or condominium owners' or homeowners' association fail to adequately perform maintenance functions such as snow and ice removal, weed cutting or trash disposal, the Village shall have the right to perform such functions or to contract for their accomplishment at the property owner's expense.
(12)CHANGES OR REVISIONS. (a) All proposed changes, revisions and additions to any aspect of an approved planned development project shall be submitted to the Plan Commission for its review. The Plan Commission shall determine if the change, revision or addition is minor or if it materially affects the intended design of the project and the impact of the project on neighboring uses.
(b)If the change is determined to be minor, the Plan Commission shall review the request and pass its findings to the Village Board, which may approve the change without a public hearing. The Plan Commission's decision on minor changes shall be rendered at a meeting subsequent to the meeting at which the requested change was initially presented to the Plan Commission.
(c)If the requested change is determined by the Plan Commission to be substantial because of its effect on the intended design of the project or on neighboring uses, a public hearing shall be held by the Plan Commission to review and pass its findings to the Village Board for final approval.
(13)FEES. The developer shall pay to the Village all fees and all professional expenditures incurred by the Village at the time specified.
(a)General R?]PUD Plan Review Fee. The developer shall pay a fee of $100 plus $2 for each residential unit over 25 at the time the application is filed.
(b)Detailed R?]PUD Plan Review Fee. The developer shall pay a fee of $100 plus $2 for each residential unit over 25 at the time the application is filed.
(c)Professional Fees. The developer shall reimburse the Village for all engineering, planning and legal fees incurred by the Village. The Village shall bill the developer monthly and payment shall be made within 10 days from date of billing.
17.11 C?]1 GENERAL COMMERCIAL DISTRICT
The C?]1 District is intended to provide an area for the business and commercial needs of the Village.
(1)PERMITTED USES. (a) Post offices.
(b)General business and commercial uses which do not generate noise, smoke or odors that would create a public or private nuisance. These uses generally include the following:
1.Banks, commercial or professional offices and telephone offices.
2.Bed and Breakfasts
3.Places of amusement and theaters.
4.Personal service establishments.
5.Parking lots.
6.Existing one, 2?]family and multi-family dwellings.
7.Uses customarily incident to any of the above uses.
(2)CONDITIONAL USES. (a) Any other uses similar in character with the permitted uses and the manufacture or treatment of products clearly incidental to the conduct of a retail business on the premises.
(3)ADDITIONAL RESTRICTIONS. Uses permitted in the C?]1 District are subject to the following conditions:
(a)Business uses are not permitted on any floor above the ground floor, except in those buildings or structures where dwelling units are now established.
(b)All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced.
(c)All business, servicing or processing, except for off?]street parking or loading, shall be conducted within completely enclosed buildings.
(5)DRIVEWAYS. All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.
17.12C?]2 HIGHWAY COMMERCIAL DISTRICT
The C?]2 District is established to provide for the establishment of principally motor vehicle?]oriented or dependent commercial activities in nonresidential settings. Lot dimensional requirements are established to provide for the orderly grouping of commercial uses and for adequate off?]street parking.
(1)PERMITTED USES.
(a)Automotive sales, servicing and repairs.
Cleaning, dyeing and pressing establishments.
(b)Department stores and discount stores.
(c)Drive?]in Banks and professional service offices.
(d)Drive?]in Establishments serving food or non-alcoholic beverages.
(e)Laundromats.
(f)Motels.
(g)Plumbing and heating shops.
(h)Printing and related trades.
(i)Recreational and entertainment establishments.
(j)Shopping centers.
(k)Supermarkets.
(l)Veterinary, medical, dental and vision clinics.
(2)CONDITIONAL USES. (a) Automotive Sales and Service
(b)Painting businesses.
(c)Establishments serving alcohol.
(e) Gasoline and Service Stations.
(f) Businesses with a drive-thru.
(g) Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.
(3)LOT, YARD AND BUILDING REQUIREMENTS. No new or remodeled buildings may have exterior walls covered with panelized metal. Aluminum siding shall not be greater than 12 inches in width.
Lot frontage ........... Minimum 100 ft.
Lot area ........... Minimum 20,000 sq. ft.
Front yard Minimum 25 ft., 50 ft. if parking is permitted
Side yards ........... Minimum 20 ft.
Rear yard ........... Minimum 20 ft.
Front parking
setback ........... 15 ft.
Building height ........... Maximum 35 ft.
Number of stories ........... Maximum 2?]1/2
(5)DRIVEWAYS. All driveways must be hard surfaced, and constructedwithin 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.
(6)All front yard setbacks shall be in green space, except for sidewalks and driveways. Grass seed or sod cover shall be applied to all yards (or green space) within 1 year of commencement of construction.
(7)All dumpsters and refuse areas shall be concealed by either solid fences or shrubs that conceal the containers or refuse.
17.121C?]3 NEIGHBORHOOD COMMERCIAL DISTRICT (Cr. Ord. #3?]98)
The C?]3 District is established to provide for certain low traffic retail and customer service establishments.
(a)Barber shops
(b)Beauty shops
(c)Dentist offices
(d)Doctor offices
(e)Gift or antique shops
(f)Insurance offices
(g)Jewelry stores
(h)Photography
(i)Professional offices
(j)Real estate offices
(k)Tailor or dressmaker shops
(2)CONDITIONAL USES. Any similar uses enumerated in sub. (1) above approved by the Village Board.
(3)LOT, YARD AND BUILDING REQUIREMENTS.
Lot area ........... Minimum 15,000 sq. ft.
Front yard setback ........... Minimum 25 ft.
Side yard setback ........... Minimum 20 ft.
Back yard setback ........... Minimum 20 ft.
Building square footage ........... Minimum 1,500 sq. ft. Maximum 50% of lot area
Number of businesses per building........... Maximum 4
(4)OFF?]STREET PARKING AND LOADING REQUIREMENTS. See also sec. 17.19 of this chapter.
(a)No parking permitted beyond the front?]most extension of building. Parking permitted on sides or in the rear of building (opposite of street side) only.
(b)Dustfree, hard surface in parking lot shall be completed within 6 months of occupancy. Hard surface shall be defined as concrete, asphalt or brick paving. See also Section 17.19(2)(d).
(c)Parking facilities shall meet all ordinances and requirements of the Village.
(6)SIGNS. (a)Ground Signs.
1.Structure of sign not to exceed 10 feet in length and 6 feet in height.
2.Structure top not to exceed 8 feet in height from mean center line of road.
3.Structure setback a minimum of 10 feet from front lot line.
4.Structure setback a minimum of 25 feet from side lot lines.
5.Sign itself not to exceed 24 square feet in size.
6.Sign to be indirectly lit. No flashing or blinking lights permitted.
7.One ground sign permitted per business.
(b)Building Signs/Wall Signs.
1.Sign shall be mounted parallel to wall.
2.Sign shall extend no more than one foot outward from wall.
3.Sign not to exceed 24 square feet in size.
4.Sign shall not exceed 10 feet in height.
5.Sign shall not protrude beyond ends of building.
6.Sign shall not have flashing or blinking lights.
7.One wall sign permitted per business.
(c)Window Signs.
l.Signs shall be placed only on inside of window.
2.Signs shall not exceed 25% of glassed area of window.
(d)Any 2 signs permitted in pars. (a), (b) and (c) above are permitted on one business property.
(e)Sign shall not:
l.Resemble, imitate or approximate the shape, size, form or color of railroad or traffic signs, signals or devices.
2.Obstruct or interfere with the effectiveness of railroad or traffic signs, signals or devices.
3.Be erected, relocated or maintained so as to prevent free ingress to or egress from any door, window or fire escape and no sign shall be attached to a standpipe or fire escape.
4.Be placed so as to obstruct or interfere with traffic visibility nor be lighted in such a way as to cause a glare or impair driving visibility upon public ways.
5.Be lit with flashing or blinking lights.
(7)GREEN SPACE. (a) Green space is an area dedicated to the planting of trees, shrubs and grass.
(b)No less than 30% of the entire lot shall be in green space.
(c)All front yard setbacks shall be in green space, except for sidewalks and driveways.
(d)Grass seed or sod cover shall be applied to all yards within 1 year of commencement of construction.
(8)Living quarters permitted for owner or manager of each business only. No rental units permitted in a C?]3 District.
(9) All dumpsters and refuse areas shall be concealed by either solid fences or shrubs that conceal the containers or refuse.
17.13M?]1 LIMITED INDUSTRIAL AND BUSINESS PARK DISTRICT
The M?]1 District is intended to provide for manufacturing or industrial operation which, on the basis of actual physical and operational characteristics, would not be detrimental to the surrounding area or to the Village as a whole by reason of noise, dirt, dust, smoke, odor, traffic, physical appearance or other similar factors, and subject to such regulatory controls as will reasonably insure compatibility in this respect. Outdoor storage of raw materials or finished products is not allowed.
(a) Distribution centers.
(b)Blacksmithing, tinsmithing and sheet metal work.
(c)Bottling plants.
(d)Enameling and painting.
(e)Knitting mills and the manufacture of products from finished fabrics.
(f)Manufacture, fabrication, packing and packaging and assembly of products from furs, glass, leather (but not tanning of hides or manufacture of leather), metals, paper (but not the manufacture of paper or pulp), plaster, plastic (but not the manufacture of plastic), textiles and wood (but not the manufacture of paper or pulp).
(g)Manufacture, fabrication, processing, packaging and packing of confections, cosmetics, electrical appliances, electronic devices, food (except meat rendering plants, slaughtering and first processing of meat and fowl, first processing of fish, cabbage processing and the vining of peas.
(h)Manufacture of furniture, home supplies and appliances, instruments, jewelry, office supplies, pharmaceuticals, sporting goods, tobacco products and toiletries.
(i)Laboratories
(j)Warehousing.
(k)Welding shops.
(l)Wholesaling.
(2)CONDITIONAL USES. (a) Storage and warehousing of fuel and materials, but not the storage of wrecked or dismantled vehicles and junk or the storage of explosives.
(b) Other uses similar in character to the permitted uses, giving due consideration to such items as noise, odor, pollution, traffic and parking, safety, hours and type of operation.
Lot frontage ............. Minimum 100 ft.
Lot area .................. Minimum one acre
Front yard ............... Minimum 40 ft.
Parking lot setback .... Minimum 15 ft.
Side yards:
Principal building ........... Minimum 20 ft.
Accessory building ........... Minimum 5 ft.
Rear yard ................ Minimum 25 ft.
Building height .......... Maximum 35 ft.
(4)OFF?]STREET PARKING AND LOADING REQUIREMENTS. See sec. 17.19 of this chapter.
(6) DRIVEWAYS. All driveways must be hard surfaced, and constructed within 1 year of occupancy. Hard surfaced shall be defined as concrete, asphalt or brick paving. Additionally, a driveway apron, consisting of the first 5 feet of driveway extending onto the property from a public roadway, shall be constructed from concrete, shall be at least 6 inches thick, and shall be constructed with tapered sides. Quantity of driveways to be recommended with site plan by the Architectural Review Board and approved by the Plan Commission.
17.14A AGRICULTURAL DISTRICT
The A Agricultural District provides exclusively for agricultural uses. The intent is to help conserve good farming areas and prevent uncontrolled, uneconomical spread of residential development which results in excessive costs to the community for premature provision of essential public improvements and services.
(1)PERMITTED USES. (a) Churches, schools, parks and municipal buildings.
(b)Farming.
(c)In?]season roadside stands for the sale of farm products produced on the premises.
(d)Water storage; and sewage disposal plants and power stations, when surrounded by an 8 foot or more woven fence.
(e)Nurseries, greenhouses and other agricultural uses.
(f)Uses customarily incident to any of the above uses, including residential uses incident to any of the above uses.
(2)CONDITIONAL USES. See also sec. 17.17 of this chapter.
(a)Fur farms.
(b)Kennels.
Lot frontage .............. Minimum 200 ft.
Lot area ............... Minimum 5 acres
Residence:
Yard and building requirements Same as R?]1 District
Farm buildings:
Front yard ........... Minimum 300 ft.
Side yards ........... Minimum 300 ft.
Rear yard ........... Minimum 300 ft.
Building height ........... Maximum 50 ft.
(4)OFF?]STREET PARKING AND LOADING. No off?]street parking and loading permitted.
17.15 CON CONSERVANCY DISTRICT
The CON District is intended to preserve scenic and natural areas in the Village and to prevent uncontrolled, uneconomical spread of residential development, and to help discourage intensive development of marginal lands so as to prevent potential hazards to public and private property.
(1)PERMITTED USES. (a) Public parks and playgrounds.
(b)Management of forestry, wildlife and fish.
(c)Harvesting of wild crops such as marsh hay, ferns, moss, berries, tree fruits and tree seeds.
(d)Fishing and trapping.
(e)Dams, power stations and transmission lines.
(f)Upon written permission from the Village Board, based on the purposes of this chapter and on the recommendation of the Plan Commission following a public hearing, sewage disposal plants and water pumping or storage facilities, amusement parks, golf courses and driving ranges, and public camping grounds.
(g)Uses customarily incident to any of the above uses.
(2)LOT, YARD AND BUILDING REQUIREMENTS. None.
17.16 FLOODPLAIN AND SHORELAND?]WETLAND DISTRICTS
See ch. 18 of this Code.
17.17 CONDITIONAL USES. (1)GENERAL USES APPLICABLE TO ONE OR MORE DISTRICTS
The following uses shall be conditional uses and may be permitted as specified:
(a)Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, museums and historical landmarks or restorations may be permitted in all residential and commercial districts.
(b)Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any residential lot line.
(c)Incinerators, sewerage disposal plants and earth or sanitary landfill operations may be permitted in the A Agricultural District.
(d)Golf courses may be permitted in any residential or agricultural district.
(e)Cemeteries may be permitted in any residential or commercial district.
(f)Publicly-owned skating rinks, sports fields, swimming pools, tennis courts, or other recreational venues may be permitted in any district.
(g)Commercial recreational facilities. Privately owned swimming pools.
(h)Boat launches, liveries and repair facilities may be permitted in the R?]1, R?]2 and CON Districts.
(i)(Cr. Ord. #2?]97) State licensed day care facilities may be permitted in any district.
(2)APPLICATION (Am. Ord. #2?]97). Applications for conditional use permits shall be made in duplicate to the Clerk?]Treasurer on forms furnished by the Clerk?]Treasurer and shall include the following:
(a)Names and address of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.
(b)Description of the subject site by lot, block and recorded subdivision, or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees, if any; and the zoning district within which the subject site lies.
(c)Site plan showing the location of any buildings and all proposed provisions for off?]street parking and loading.
(d)Additional information, as may be required by the plan Commission, the Director of Public Works and the Building Inspector.
(e)The fee is $75 and shall accompany such application.
(3)NOTICE. Notice of such application and the subsequent hearing thereon before the Plan Commission shall be published as a Class I notice.
(4)APPEARANCES AT HEARINGS. Either the applicant or his agent or attorney shall attend the public hearing of the Plan Commission at which such application is to be considered unless such attendance has been excused by the Plan Commission.
(5)REVIEW AND APPROVAL. The Plan Commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation. The Plan Commission shall hold a hearing and thereafter shall recommend approval, denial or condition of approval to the Village Board. The Village Board shall accept, reject or modify the Plan Commission's recommendations.
(6)ISSUANCE OF PERMIT. If such permit is issued, the Village Board may attach conditions thereto such as, but not limited to, landscaping, architectural design, type of construction, construction commencement and completion dates, hours of operation, traffic circulation or parking requirements, highway access restrictions, or increased yards.
(7)USES ADJACENT TO CONTROLLED ACCESS HIGHWAYS. Any development within 500 feet of the existing or proposed right of way of any freeway, expressway or other controlled access trafficway, and within 1,500 feet of their existing or proposed interchange or turning lane right of way, shall be deemed to be a conditional use which shall require the issuance of a permit.
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