The development and execution of this article is based upon the division of the Village into districts, within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land or public facilities and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located.

An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures and the existing and proposed use of each structure and lot and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 615-25 hereinafter. The Plan Commission may require such other information as may be necessary to determine and provide for enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, and specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, and water supply systems; and arrangements of operations.

All requests for conditional uses shall be presented to the Village Clerk/Treasurer who will forward them to the Zoning Administrator for review and written report to the Plan Commission. The Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board on its own motion from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 615-22 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 notice under the Wisconsin Statutes in the official Village newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the Village Board and Plan Commission, and the owners of record as listed in the office of the Village Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of such public hearing. The Plan Commission shall report its action to the Village Board within 45 days after a matter has been referred to it.

The following conditions shall apply to all conditional uses:

Where a conditional use application has been approved or conditionally approved, such approval shall become null and void within 24 months of the date of the approval unless the use is commenced, construction is underway or the current owner possess a valid building permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Plan Commission may extend such permit for a period of 90 days for justifiable cause, if application is made to the Plan Commission at least 30 days before the expiration of said permit.

An appeal from the decision of the Plan Commission may be taken to the Village Board by the applicant for the conditional use or by 20% or more of the property owners notified objecting to the establishment of such conditional use. Such appeal must specify the grounds thereof in respect to the findings of the Plan Commission and must be filed with the Village Clerk/Treasurer within 10 days of the final action of the Plan Commission. Final action may be either initial action on a conditional use or action following reconsideration of said initial action under the Plan Commission's rules of procedure. However, reconsideration shall only occur following written notification of intent to reconsider by a Plan Commission member to the Village Clerk/Treasurer no later than two days after said initial action. Thereupon, the notice requirements of § 615-24 shall be complied with before the Plan Commission reconsiders such initial action. The taking of an appeal prior to the third day after said initial action shall not preclude or invalidate reconsideration by the Plan Commission as herein provided. The Village Clerk/Treasurer shall file such appeal with the Village Board. The Village Board shall fix a reasonable time for the hearing of the appeal and give public notice thereof as well as due notice to the parties in interest and decide the same within a reasonable time. The action of the Plan Commission shall be deemed just and equitable unless the Village Board, by a favorable vote of a majority of the members of the Village Board present, reverses or modifies the action of the Plan Commission. An appeal from a decision of the Village Board shall be commenced by the remedy of certiorari in Circuit Court within 30 days of the date of the decision.

Notwithstanding any other provision of this article, and in addition to any other remedies allowed by law or elsewhere in this chapter, any person, firm, or corporation who or which fails to comply with any provision of this article, or fails to comply with any decision, determination, condition, order, or permit issued hereunder, shall be subject to the violation, remedial action and penalty provisions of § 615-84.