John Hrusky
New Member
- Jurisdiction
- Wisconsin
We have an ongoing issue with a small village of around 800 people that we would like to better understand our rights within:
We own real estate in this small village (we do not reside in the village but in a nearby community instead). We want to open a very small Winery. We have already been licensed by the ATF as well as the State of Wisconsin. All we need is for the Village to allow us to operate in the location we own.
Currently, that location is zoned "Res / Light Commercial District: R/C-1" (See below as to the actual zoning ordinance) Our argument is that we seem to fit in best with item D, 'Specialized Retail', as our Winery will be VERY small and the vast majority of our business will be making and bottling wine. We will sell specialized wine-related items such as clothing, trinkets, signs, glassware, etc., and we will have some sampling of wine albeit this will be a rather small part of the business as the customer area is only about 200 square foot and much of our production will be sold to restaurants and supper clubs. The Village seems to be saying we would need to locate in a Commercial district as opposed to the Residential/Light Commercial one our building is in. We believe they are comparing a small winery to a tavern or bar which is vastly difference as in winery there are no late hours no loud music, and the business is essentially manufacturing and retail.
One additional item in case it matters: our area is surrounded by commercial establishments: A bank, a Hair dresser, a Physical Therapy center, an Antique Store, and then 2 homes. I don't know if that matters but just in case.
We already have other businesses in town and have been there for decades, a small gym and a computer repair shop, both in 100% good standing and never has there been a problem. Unfortunately, this village for years as been a very tight "click" of people who almost seem jealous of anyone if they are successful and wish to expand.
Does anyone know what we can do or how we should proceed in order to achieve a common sense ruling by this village in allowing a micro winery to utilize our building?
Thank you.
ORDINANCE:
5.08 Res / Light Commercial District: R/C-1
1. Purpose. To encourage a mixture of residential, commercial and civic uses, with commercial uses restricted to those that seem to fit the size, scale, and intensity of the village setting. To encourage the sort of enterprise that can easily be conducted in a converted residence and that nearby residents might be inclined to walk to.
2. Permitted Uses.
A. Single family detached residential Dwellings.
B. Two family attached residential Dwellings.
C. Personal service shops such as hairstyling, tailoring, shoe repair, and dry cleaning.
D. Specialized retail, commonly defined as gift shops, florist, book stores, jewelry, apparel, tobacco, toys and crafts, stationary, and similar uses.
E. Business or professional offices, such as real estate and insurance offices, travel agencies, medical, dental and veterinary offices, banks and other financial institutions.
F. Similar and compatible uses as determined by the Zoning Committee.
3. Conditional Uses.
A. Automobile service stations.
B. Battery, muffler and tire service stations.
C. Farm and other machinery and equipment sales and service.
D. Motor Vehicle sales and service including automobiles, trucks, motorcycles and snowmobiles.
E. Mobile Home and model home sales and service.
F. Laundromats.
G. Taverns.
H. Any "drive-in" type establishments.
We own real estate in this small village (we do not reside in the village but in a nearby community instead). We want to open a very small Winery. We have already been licensed by the ATF as well as the State of Wisconsin. All we need is for the Village to allow us to operate in the location we own.
Currently, that location is zoned "Res / Light Commercial District: R/C-1" (See below as to the actual zoning ordinance) Our argument is that we seem to fit in best with item D, 'Specialized Retail', as our Winery will be VERY small and the vast majority of our business will be making and bottling wine. We will sell specialized wine-related items such as clothing, trinkets, signs, glassware, etc., and we will have some sampling of wine albeit this will be a rather small part of the business as the customer area is only about 200 square foot and much of our production will be sold to restaurants and supper clubs. The Village seems to be saying we would need to locate in a Commercial district as opposed to the Residential/Light Commercial one our building is in. We believe they are comparing a small winery to a tavern or bar which is vastly difference as in winery there are no late hours no loud music, and the business is essentially manufacturing and retail.
One additional item in case it matters: our area is surrounded by commercial establishments: A bank, a Hair dresser, a Physical Therapy center, an Antique Store, and then 2 homes. I don't know if that matters but just in case.
We already have other businesses in town and have been there for decades, a small gym and a computer repair shop, both in 100% good standing and never has there been a problem. Unfortunately, this village for years as been a very tight "click" of people who almost seem jealous of anyone if they are successful and wish to expand.
Does anyone know what we can do or how we should proceed in order to achieve a common sense ruling by this village in allowing a micro winery to utilize our building?
Thank you.
ORDINANCE:
5.08 Res / Light Commercial District: R/C-1
1. Purpose. To encourage a mixture of residential, commercial and civic uses, with commercial uses restricted to those that seem to fit the size, scale, and intensity of the village setting. To encourage the sort of enterprise that can easily be conducted in a converted residence and that nearby residents might be inclined to walk to.
2. Permitted Uses.
A. Single family detached residential Dwellings.
B. Two family attached residential Dwellings.
C. Personal service shops such as hairstyling, tailoring, shoe repair, and dry cleaning.
D. Specialized retail, commonly defined as gift shops, florist, book stores, jewelry, apparel, tobacco, toys and crafts, stationary, and similar uses.
E. Business or professional offices, such as real estate and insurance offices, travel agencies, medical, dental and veterinary offices, banks and other financial institutions.
F. Similar and compatible uses as determined by the Zoning Committee.
3. Conditional Uses.
A. Automobile service stations.
B. Battery, muffler and tire service stations.
C. Farm and other machinery and equipment sales and service.
D. Motor Vehicle sales and service including automobiles, trucks, motorcycles and snowmobiles.
E. Mobile Home and model home sales and service.
F. Laundromats.
G. Taverns.
H. Any "drive-in" type establishments.