(a)

The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire village into districts in each of which are permitted specified uses that are mutually compatible.

(b)

In addition to such permitted compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district, but which because of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this article as conditional uses.

(c)

Conditional uses may be permitted in the district in which listed upon petition for such grant to the planning commission and subject to the approval of the village board and to such other conditions as hereinafter designated.

(Code 1989, § 13-1-50(1); Ord. of 10-5-2004, § 13-1-50(1))

(a)

A request for a conditional use grant shall be submitted in writing to the village clerk/treasurer by the person requesting such action on forms furnished by the village clerk/treasurer. The person requesting such action shall provide all information requested on the application/petition, including:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, when engaged, and all opposite and abutting property owners of record.

(2)

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; and the zoning district within which the subject site lies.

(3)

A map drawn to scale showing the location, property boundaries, dimensions, uses and size of the subject site; existing and proposed structures; existing and proposed easements, streets and other public ways; off-street parking, loading areas and driveways; existing highway access restrictions; existing and proposed street, side and rear yards; and areas subject to inundation by floodwaters.

(4)

Purpose of which the conditional use permit is requested.

(5)

Reciting of facts indicating that the proposed use will not be detrimental to the general public interest, the purposes of this division and the general area in which it is located.

(6)

Drainage and sewage disposal plans.

(7)

Architecture and landscape treatment.

(8)

Planting screen and operational control devices plan, where necessary, to eliminate noise, dust, odor, smoke or other objectionable operating conditions.

(9)

Any further information requested on the application/petition which may be required by the planning commission to render its decision.

(b)

Failure to supply such information shall be grounds for dismissal of the application/petition.

(Code 1989, § 13-1-50(2); Ord. of 10-5-2004, § 13-1-50(2))

(a)

The village clerk/treasurer shall transmit the petition to the planning commission.

(b)

The village planning commission shall conduct a study and investigation of all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified or denied. The recommendation shall be made within 60 days from which the petition is first received and shall be made in writing to the village board.

(Code 1989, § 13-1-50(3); Ord. of 10-5-2004, § 13-1-50(3))

The village board shall hold a public hearing upon each proposed change or amendment recommended by the planning commission, giving notice of the time, place and change or amendment proposed by publication of a Class 2 notice under Wis. Stats. ch. 985.

(Code 1989, § 13-1-50(4); Ord. of 10-5-2004, § 13-1-50(4))

Within 30 days following the public hearing and any necessary study and investigation, the village board shall as soon as practical render its decision in writing and a copy made a permanent part of the village board's records. Such decisions shall include an accurate description of the conditional use permitted, the property on which permitted and any and all conditions made applicable thereof or, if disapproved, shall indicate the reasons for disapproval.

(Code 1989, § 13-1-50(5); Ord. of 10-5-2004, § 13-1-50(5))

The planning commission and village board shall apply the following general standards when reviewing, recommending and approving or disapproving a conditional use permit:

(1)

No grant of a special exception shall violate the spirit or intent of this division.

(2)

No special exception shall be allowed which would be contrary to the public health, safety or general welfare or which would be substantially adverse to property values in the neighborhood affected.

(3)

No use shall be permitted by special exception that would constitute a nuisance by reason of noise, dust, smoke, odor or other similar factors.

(4)

The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for purposes already permitted.

(5)

That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

(6)

Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.

(Code 1989, § 13-1-50(6); Ord. of 10-5-2004, § 13-1-50(6))

The planning commission and the village board may make the granting of an application for a conditional use permit contingent upon such express conditions as it considers necessary to further the aims of this division and to achieve the standards of section 28-515. The applicant must agree to the conditions prior to the approval of a conditional use permit. These conditions may include, but are not limited to, specifications of:

(1)

The period of time in which all or part of the use may be permitted.

(2)

Setback and yard dimensions.

(3)

Specified sewage disposal and water supply facilities.

(4)

Landscaping and planting screens.

(5)

Operational controls.

(6)

Sureties.

(7)

Deed restrictions.

(8)

Location of structures, docks, piers or signs.

(9)

Location and amount of parking facilities.

(10)

Type of construction.

(11)

Type of shore cover.

(12)

Sign and lighting limitations.

(13)

Number of employees.

(Code 1989, § 13-1-50(7); Ord. of 10-5-2004, § 13-1-50(7))

When a conditional use permit is approved, the building permit shall be appropriately noted and such permit shall be applicable solely to the structures, use and property so described. Indication of such permit shall also be made on the zoning district map by appropriate symbol.

(Code 1989, § 13-1-50(8); Ord. of 10-5-2004, § 13-1-50(8))

Except as may be specifically otherwise provided, any use shall conform to the building location, height, lot size and open space regulations of the district in which it is located.

(Code 1989, § 13-1-50(9); Ord. of 10-5-2004, § 13-1-50(9))

A conditional use permit shall lapse and become void one year after passage by the village board unless the conditional use is fully established or a building permit has been issued and/or construction has commenced and is being pursued diligently according to the requirements of the permit. A conditional use permit may be renewed for an additional period of one year by application to and approval of the village board.

(Code 1989, § 13-1-50(10); Ord. of 10-5-2004, § 13-1-50(10))

If the use for which the permit was granted shall cease or be abandoned for a period of one continuous year, the conditional use permit granted herein shall automatically cease.

(Code 1989, § 13-1-50(11); Ord. of 10-5-2004, § 13-1-50(11))

If, in the opinion of the village board, the terms of a conditional use permit have been violated or the use is substantially detrimental to persons or property in the neighborhood, the village board shall, following notice to all parties, hold a public hearing on the revocation of the permit. If upon finding of fact that the terms of the permit have been violated, the village board may revoke, modify or leave the permit unchanged. The village board may thereafter direct the city attorney to secure such additional court orders as are necessary to implement its action.

(Code 1989, § 13-1-50(12); Ord. of 10-5-2004, § 13-1-50(12))

All conditional use petitions shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing. A nonrefundable fee which is on file with the village clerk/treasurer shall be paid at the time of application.

(Code 1989, § 13-1-50(13); Ord. of 10-5-2004, § 13-1-50(13))