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 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. The 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 the uses. The uses are classified as conditional uses.

(Code 2003, § 13-1-60)

(a)

The village board, following a recommendation of the plan commission, may authorize the zoning administrator to issue a conditional use permit after review and public hearing, provided that the conditional use and involved structures are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.

(b)

Compliance with all other provisions of this article, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(Code 2003, § 13-1-61)

Any person 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 the land for one or more of the conditional uses in the zoning district in which the land is located.

(Code 2003, § 13-1-62)

(a)

Required application materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the village. The applications shall be forwarded to the plan commission on receipt by the zoning administrator. The applications shall include where applicable:

(1)

A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in section 54-348 hereinafter.

(2)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.

(3)

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 is located. For floodland conditional uses, the description shall also include information that is necessary for the village board and plan commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations or contours of the grounds; fill or storage elevations; lowest floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; and soil types and other pertinent information.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(5)

Additional information as may be required by the village board, village plan commission, village engineer, building inspector, or plumbing inspector.

(b)

Plans. In order to secure information upon which to base its determination, the plan commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:

(1)

A plan of the area showing contours, soil types, high water mark, ground water conditions, bedrock, slope and vegetation cover;

(2)

Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;

(3)

Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;

(4)

Specifications for areas of proposed filling, grading, lagooning or dredging;

(5)

Provisions for managing areas or activities that have the potential to result in contaminated stormwater runoff, such as outdoor storage yards, animal-related facilities, trash and dumpster areas, or outdoor activities using fertilizers, pesticides or other potentially hazardous materials. Provisions shall include grading, drainage, or other measures to ensure that contaminated runoff does not each storm drains or surface waters.

(6)

Other pertinent information necessary to determine if the proposed use meets the requirements of this article.

(c)

Plan commission recommendation. The plan commission shall report its findings to the village board within 60 days and may recommend conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, and parking requirements, where the conditions are deemed necessary to fulfill the purpose and intent of this article.

(Code 2003, § 13-1-63; Ord. No. 23-05, § 1, 8-15-2023)

The village board shall hold a public hearing upon each application after receiving a recommendation from the plan commission. Notice of the public hearings shall specify the date, time, and place of the hearing and shall state the matter to be considered at the hearing. Notice shall be posted in three public places likely to give notice to persons affected by the hearing and mailed to all properties within 200 feet of the applicant property at least 15 days prior to the hearing. The village board shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed action and to all parties in interest.

(Code 2003, § 13-1-64; Ord. No. 21-06, § 1, 5-18-2021)

Following the hearing and after careful consideration of the village plan commission's recommendations, the village board may grant the conditional use permit as applied for, grant the conditional use permit with conditions deemed appropriate by the board, or deny the permit. In addition:

(1)

Compliance. Compliance with all other provisions of this article, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in this article.

(2)

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall not be considered an amendment. The process for amending a permit shall, generally follow the procedures for granting a permit as set forth in this article.

(3)

Revocation of conditional use permit. Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the plan commission or should the use, or characteristics of the use be changed without prior approval by the plan commission, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the procedures for granting a permit as set forth in this article.

(Code 2003, § 13-1-65)

No application for a conditional use shall be recommended for approval by the plan commission or granted by the village board unless the commission and board shall find that the following conditions are present:

(1)

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

(2)

That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.

(3)

That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

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

(5)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

That the proposed use does not violate floodplain regulations governing the site.

(8)

That, when applying the above standards to any new construction of a building or an addition to an existing building, the plan commission and board shall bear in mind the statement of purpose for the zoning district the that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.

(9)

That, in addition to passing upon a conditional use permit, the plan commission and board shall also evaluate the effect of the proposed use upon:

a.

The maintenance of safe and healthful conditions.

b.

The prevention and control of water pollution including sedimentation.

c.

Existing topographic and drainage features and vegetative cover on the site.

d.

The location of the site with respect to floodplains and floodways of rivers and streams.

e.

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

f.

The location of the site with respect to existing or future access roads.

g.

The need of the proposed use for a shoreland location.

h.

Its compatibility with uses on adjacent land.

i.

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 2003, § 13-1-66)

When a decision of denial of a conditional use application is made, the village board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the village board has used in determining that each standard was not met.

(Code 2003, § 13-1-67)

(a)

Any action of the village board in granting or denying a conditional use permit may be appealed to the zoning board of appeals, if a written request for an appeal is filed within ten days after the date of the village board's action in granting or denying the permit.

(b)

The request for appeal shall be signed by the applicant or by the owners of at least 20 percent of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of the opposite land.

(c)

The request shall be filed with the zoning administrator who shall submit it to the zoning board of appeals at its next meeting, together with any documents and other data used by the village board in reaching its decision.

(d)

The zoning board of appeals may consider the matter, refer the matter to a subsequent meeting or set a date for a public hearing thereon. In the event the zoning board of appeals elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least ten days before the date of the hearing.

(e)

The zoning board of appeals may either affirm or reverse in whole or in part the action of the village board and may finally grant or deny the application for a conditional use permit.

(Code 2003, § 13-1-68)

The following provisions shall apply to all conditional uses:

(1)

Conditions. Prior to the granting of any conditional use, the village board may stipulate the conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 54-348. In all cases in which conditional uses are granted, the board shall require the evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. The conditions may include specifications for, without limitation because of specific enumeration:

a.

Landscaping, including screening, tree planting or the installation of vegetated stormwater management measures.

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill the purpose and intent of this article.

(2)

Site review. In making its decision, the village board shall evaluate each application and may request assistance from any source which can provide technical assistance. The village board may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, stormwater management, sewerage and water systems and the proposed operation/use.

(3)

Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the village board.

(4)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the village board may require the use of certain general types of exterior construction materials or architectural treatment.

(5)

Sloped sites; unsuitable soils. Where slopes exceed six percent or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated or that any inherent soil condition or slope problems will be overcome by special construction techniques. The special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

(6)

Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this article such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.

(Code 2003, § 13-1-69; Ord. No. 23-05, § 1, 8-15-2023)

(a)

Where the village board has approved or conditionally approved an application for a conditional use, the approval shall become null and void within 12 months of the date of the village board's action unless the use is commenced, construction is underway or the current owner possesses 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 the permit, the zoning administrator shall notify the holder by certified mail of the revocation.

(b)

The village board may extend the permit for a period of 90 days for justifiable cause, if application is made to the village at least 30 days before the expiration of the permit.

(Code 2003, § 13-1-70)

(a)

The village board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. The authority shall be in addition to the enforcement authority of the zoning administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code.

(b)

Upon written complaint by any citizen or official, the village board shall initially determine whether the complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in sections 54-348 or 54-351, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in section 54-346. Any person may appear at the hearing and testify in person or represented by an agent or attorney.

(c)

The village board may, in order to bring the subject conditional use into compliance with the standards set forth in section 54-348 or conditions previously imposed by the village board, modify existing conditions upon the use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in this article and section 1-12. In the event that no reasonable modification of the conditional use can be made in order to ensure that standards in section 54-348(a) and (b) will be met, the village board may revoke the subject conditional approval and direct the zoning administrator and the village attorney to seek elimination of the subject use. Following any the hearing, the decision of the village board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.

(d)

An appeal from a decision of the village board under this section may be taken to the zoning board of appeals.

(Code 2003, § 13-1-71)

(a)

Intent. The intent of this section is to provide a means to accommodate a small family home-based business or professional home office without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

(b)

Restrictions on home occupations; conditional uses. Except as provided in subsection (c) of this section, which creates a permitted accessory use exception, home occupations and professional home offices are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or a garage.

(2)

There shall be no exterior alterations which change the character thereof as a dwelling or exterior evidence of the home occupation other than those signs permitted in the district.

(3)

No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises.

(4)

No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.

(5)

Only one sign may be used to indicate the type of occupation or business. The sign shall not be illuminated and shall comply with district sign regulations.

(6)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.

(7)

The village board may determine the percentage of the property that may be devoted to the occupation, but shall not exceed 30 percent.

(8)

The home occupation is restricted to a service-oriented business; the manufacturing of items or products or the retail sale of items or products on the premises is prohibited.

(9)

The types and number of equipment or machinery may be restricted by the village board.

(10)

Sale or transfer of the property shall cause the conditional use permit to be null and void.

(11)

Under no circumstances shall a vehicle repair or body work business qualify as a home occupation.

(12)

No more than one nonresident employee may work on the premises.

(13)

No activity associated with the home occupation may occur outside on the premises prior to 8:00 a.m. or after 8:00 p.m.

(c)

Permitted accessory use exception. A home occupation or professional home office under this section may be maintained in any residential district as a permitted accessory use, as opposed to a conditional use, if the standards of subsection (b) of this section are complied with, and no sign is erected or maintained regarding the home occupation, no more than one person works on the premises, no customers regularly come to the house and the business is service-oriented and not engaged in retail trade. The term "regularly" is means averaging more than three customers/clients per week coming to the home occupation premises.

(Code 2003, § 13-1-72)

The following public and semi-public uses shall be conditional uses and may be permitted as specified:

(1)

Governmental and cultural uses such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in all residential districts, the B-1 business district, and the M-1, M-2, M-2A and M-3 industrial districts.

(2)

Utility substations, wells, pumping stations, and towers in all districts provided all principal structures and uses are not less than 50 feet from any residential district lot line.

(3)

Public passenger transportation terminals such as heliports and bus and rail depots, but not including airports, airstrips, and landing fields, in all business districts and the M-1, M-2 and M-2A industrial districts provided all principal structures and uses are not less than 100 feet from any residential district boundary.

(4)

Public, parochial, and private elementary and secondary schools and churches in all residential districts, provided the lot area is not less than two acres and all principal structures and uses are not less than 50 feet from any lot line.

(Code 2003, § 13-1-73)

The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

(1)

Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R-3 residential district, provided all principal structures and uses are not less than 25 feet from any lot line.

(2)

Rest homes, nursing homes, elderly housing, clinics, and day care centers in the R-3 residential district, provided all principal structures and uses are not less than 50 feet from any lot line.

(3)

Conversion of a single-family dwelling to a two-family dwelling in the R-2 and R-3 residential districts, provided that the structure was in existence as of May 2, 1978, and provided further that each dwelling unit shall have a minimum of seven hundred fifty (750) square feet per unit in an R-2 district and a minimum of 500 square feet per unit in an R-3 district.

(4)

Community living arrangements which have a capacity for nine or more persons in the R-1 and R-2 residential districts.

(5)

Community living arrangements which have a capacity for 16 or more persons in the R-3 residential district.

(Code 2003, § 13-1-74)

The following commercial uses shall be conditional uses and may be permitted as specified:

(1)

Drive-in establishments serving food or beverages for consumption outside the structure in the B-1 business district.

(2)

Motels in the B-1 business district.

(3)

Funeral homes in the B-1 business district, provided all principal structures and uses are not less than 25 feet from any lot line.

(4)

Drive-in banks in the B-1 business district.

(5)

Vehicle sales and service shops, washing and repair stations, garages, taxi stands, and public parking lots in the business and industrial districts, provided all gas pumps are not less than 30 feet from any side or rear lot line and 20 feet from any existing or proposed street line.

(Code 2003, § 13-1-75)

The following business and industrial uses shall be conditional uses and may be permitted as specified:

(1)

Animal hospitals in the M-1, M-2, M-2A, and M-3 industrial districts, provided that all principal structures and uses are not less than 50 feet from any residential use.

(2)

Animal motel and pet care centers in the M-1, M-2, M-2A, and M-3 industrial districts, provided that the primary enclosure of the motel and/or care center meets or exceeds regulations outlined in State of Wisconsin Administrative Code 16.22, the owner of said motel and/or care center certifies in writing to the village that they can and will meet all other applicable sections of Administrative Code Chapter ATCP 16, that all principal structures and uses are not less than 50 feet from any residential use, and the owner shall comply with all other applicable state, county, and local regulations. The village board may permit nonresident sleeping quarters accessory to the animal motel operation.

(3)

Manufacturing and processing of abrasives, acetylene, acid, alkalis, ammonia, asbestos, batteries, bedding, bleach, candles, carpeting, celluloid, cereals, chemicals, coffee, coke, cordage, dextrine, disinfectant, dye, excelsior, felt, furs, gelatin, glucose, gypsum, ice, ink, insecticide, lampblack, lime, lime products, linoleum, lubricants, matches, meat, oilcloth, paint, paper, peas, perfume, pickles, plaster of Paris, plastics, poison, polish, potash, pulp, pyroxylin, rope, sausage, shoddy, shoe and lampblacking, size, starch, stove polish, textiles, and varnish in the M-3 Heavy Industrial District.

(4)

Manufacturing, processing and storage of building materials, dry ice, flammables grains, and plastics; manufacture and bottling of alcohol beverages; bag cleaning operations, bleacheries, and cold storage warehouses; electric and steam generating plants; electroplating; enameling; lacquering; lithographing; oil and coal distillation; refineries; road test facilities; and weaving in the M-3 Heavy Industrial District.

(5)

Outside storage and manufacturing areas in the M-1, M-2, M-2A, and M-3 industrial districts. All storage yards shall be surrounded by a solid fence not less than six feet or more than eight feet in height completely preventing a view from any other property or right-of-way. All storage yards shall be hard surfaced and properly drained. Storage yards shall be connected to the storm sewer system without the need to cross neighboring properties. The village board may require the installation of a catchbasin to collect stormwater runoff. Storage materials shall not be stored in a front yard or stacked to a height greater than the top of the fence. Single pieces of equipment, such as cranes, shall not be limited to this height requirement.

(6)

Commercial service facilities, such as restaurants and fueling stations, in the M-1, M-2, M-2A, and M-3 industrial districts, provided that all the services are physically and saleswise oriented toward industrial district users and employees and that other users are only incidental customers.

(7)

Commercial service offices, primarily serving commercial and industrial users in the M-1, M-2, M-2A, and M-3 industrial districts.

(8)

Adult establishments in the M-3 industrial district, provided that all of the requirements of division 4, article II of chapter 8 are complied with.

(Code 2003, § 13-1-76; Ord. No. 24-11, § 1, 11-19-2024)

(a)

Recreational uses. The following recreational facilities shall be conditional uses and may be permitted as specified:

(1)

Commercial recreational facilities such as arcades, bowling alleys, clubs, dance halls, gymnasiums, indoor shooting ranges, lodges, miniature golf courses, physical culture, pool and billiard halls, Turkish baths, skating rinks, and theaters are conditional uses and may be permitted in the B-1 Business and M-2, M-2A, and M-3 industrial districts.

(b)

Conservancy uses. The following uses are conditional uses in the C-1 Conservancy District and may be permitted as specified. The village plan commission shall transmit a copy of each application for a conditional use in the shoreland portion of the C-1 Conservancy District to the state department of natural resources at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland C-1 Conservancy District conditional use permits shall be transmitted to the DNR within ten days following the decision:

(1)

The construction of streets which are necessary for the continuity of the village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 district, provided that:

a.

The street cannot as a practical matter be located outside the conservancy district;

b.

The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in section 54-686;

c.

The street is designed and constructed with the minimum cross section practical to serve the intended use;

d.

The street construction activities are carried out in the immediate area of the roadbed only; and

e.

Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.

(2)

The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that:

a.

The building cannot as a practical matter be located outside the conservancy district;

b.

The building is not designed for human habitation and does not exceed 500 square feet in area; and

c.

Only limited filing or excavating necessary to provide structural support is conducted.

(3)

The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided that:

a.

Any private recreation or wildlife habitat area must be exclusively for that purpose;

b.

No filling is to be done; and

c.

Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.

(4)

The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members, provided that:

a.

The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and

b.

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

(5)

The construction and maintenance of railroad lines, provided that:

a.

The railroad lines cannot as a practical matter be located outside the conservancy district; and

b.

Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.

(Code 2003, § 13-1-77)

The following floodland uses are conditional uses and may be permitted as specified. The village plan commission shall transmit a copy of each application for a floodland conditional use to the state department of natural resources for review and comment at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. Notice of a floodland conditional use decision shall be transmitted to the DNR within ten days following the decision:

(1)

Open space and related uses in the FWO Floodway Overlay District may be permitted for the following uses, provided that the applicant shows that the use or improvement will not impeded drainage, will not cause ponding, will not obstruct the floodway, will not increase flood flow velocities, will not increase the flood state, and will not retard the movement of floodwaters. Structures, when permitted, shall be floodproofed to the flood protection elevation and shall be anchored to protect them from larger floods. Certification of floodproofing shall be made to the building inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood.

a.

Navigational structures.

b.

Public water measuring and control facilities.

c.

Bridges and approaches.

d.

Marinas.

e.

Filling as authorized by the state department of natural resources to permit the establishment of approved bulkhead lines.

f.

Other open space uses consistent with the purpose and intent of the district and compatible with uses in adjacent districts, not including structures.

(2)

Accessory structures in any floodland district, provided that all structures, when permitted, are not designed for human habitation, have a low flood damage potential, are constructed and placed to provide minimum obstruction to flood flows (whenever possible, accessory structures shall be placed with their longitudinal axis parallel to the flow of floodwaters), are firmly anchored to prevent them from floating away and restricting bridge openings, and have all service facilities (such as electrical and heating equipment) at an elevation at least two feet above the 100-year recurrence interval flood. Certification of floodproofing shall be made to the building inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood.

(3)

Residential and commercial structures in the FFO Floodplain Fringe Overlay District, provided that the structure is permitted in the underlying basic use district, and provided that the floodplain fringe areas shall be filled to an elevation at least two feet above the elevation of the 100-year recurrence interval flood. The fill shall extend for at least 15 feet beyond the limits of the structure placed thereon. All structures shall be provided with dryland access to lands located outside the floodplain. Where existing streets or sewer lines are at elevations which make dryland access impractical, the village may permit development where access roads are at or below the 100-year recurrence interval flood stage, provided that the village has written assurance from appropriate police and fire departments and emergency service agencies that rescue and relief service will be provided the properties in the area by wheeled vehicles during a flood event; or the village has an adopted natural disaster plan concurred with by the state division of emergency government and approved by the state department of natural resources. The finished surface of the lowest floor (excluding basement or crawlway) shall be constructed or placed at an elevation of the 100-year recurrence interval flood. Basement or crawlway floors may be placed at the 100-year recurrence interval flood elevation, provided that the basement or crawlway is floodproofed to the flood protection elevation. Residential structures placed on fill may be removed from the floodplain fringe overlay district, provided that the fill is contiguous to lands lying outside of the floodlands, and further provided that the property owner, or his agent, has complied with all the requirements for amending the zoning map as set forth in article XVI of this chapter.

(4)

Industrial structures in the FFO Floodplain Fringe Overlay District, provided that the structure is permitted in the underlying district and provided that the fill requirements and dryland access requirements for residential structures in the FFO district are complied with. However, when the intent and purpose of this article cannot be fulfilled by filing the floodplain fringe due to existing and committed development, and when the village plan commission has made a finding to this effect, all new structures and all additions to existing structures in the floodplain fringe overlay district shall be floodproofed to a point two feet above the elevation of the 100-year recurrence interval flood. All floodproofed structures shall be securely anchored to protect them from larger floods. Certification of floodproofing shall be made to the building inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood level for the particular stream reach. Structures placed on fill may be removed from the floodplain fringe overlay district, provided that the fill is contiguous to lands lying outside of the floodlands, and further provided that the property owner, or his agent, has complied with all the requirements for amending the zoning map as set forth in article XVI of this chapter.

(5)

Municipal water supply and sanitary sewerage collection systems in all floodland districts, provided that the system is floodproofed to an elevation of at least two feet above the elevation of the 100-year recurrence interval flood, and is designed to eliminate or minimize infiltration of floodwaters into the system. All floodproofed utilities shall be anchored to prevent flotation. Certification of floodproofing shall be made to the building inspector and shall consist of a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood velocities, forces, depths, and other factors associated with the 100-year recurrence interval flood level for the particular stream reach.

(6)

Filling to remove lands from the FFO Floodplain Fringe Overlay District, provided that the fill shall be to an elevation at least two feet above the elevation of the 100-year recurrence interval flood and further provided that the lands are contiguous to lands lying outside of the floodlands. No such floodplain fringe overlay district shall be removed from the supplementary floodland zoning map until the filling is complete and until the property owner, or his agent, has complied with all the requirements for amending the zoning map as set forth in article XVI of this chapter.

(Code 2003, § 13-1-78)