The purpose of a conditional use is to provide a reasonable degree of discretion in determining the suitability of certain uses of a special nature, so as to make impractical their predetermination as a principal use in a district. 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, 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. Such uses are classified as conditional uses and are those uses specifically designated as conditional uses by the zoning district or which are classified as a conditional use under the review procedures in this article.

(Code 1992, § 13-1-80)

(a)

Conditional use permits generally. The village board may authorize the zoning administrator to issue a conditional use permit after review, public hearing, and approval from the plan commission and village board, provided that such 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. Such village board action, and the resulting conditional use permit shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. Prior to the granting of a conditional use, the village board shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

(b)

Uses adjacent to major highway. Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The plan commission or village board shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.

(c)

Authorization to require conditions. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the plan commission and village board upon their finding that these are necessary to fulfill the purpose and intent of this chapter.

(d)

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

(Code 1992, § 13-1-81)

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.

(Code 1992, § 13-1-82)

(a)

Application filing requirements. An application for a conditional use shall be filed on a form prescribed by the village board. Such applications shall be forwarded to the plan commission upon receipt by the zoning administrator.

(b)

Required plans/information. The plans/information required for review of all conditional use permit applications shall generally consist of any or all of the following, as required by the zoning administrator:

(1)

Site development plan. A site development plan, which shall include and address:

a.

Location of all buildings on lots, including both existing and proposed structures.

b.

Location and number of existing and proposed parking spaces.

c.

Vehicular circulation.

(2)

Dimension plan. A dimension plan, which shall include and address:

a.

Lot dimensions and area.

b.

Dimensions of proposed and existing structures.

c.

Setbacks of all buildings located on property in question.

d.

Architectural elevations.

(3)

Grading plan. A grading plan, which shall include and address:

a.

Existing contour.

b.

Proposed changes in contour.

c.

Drainage configuration.

(4)

Landscape plan. A landscape plan, which shall include and address:

a.

Location of all existing major trees, and which trees are proposed to be removed.

(c)

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

(1)

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

(2)

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

(3)

Building and utilities plans. Plans for buildings, sewage disposal facilities, water supply systems, and arrangements of operations.

(4)

Filling/grading plan. Specifications for areas of proposed filling, grading, lagooning or dredging.

(5)

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

(Code 1992, § 13-1-83)

Upon receipt of the application and the information required by section 44-112, the request for a conditional use permit shall be placed on the agenda of the first possible plan commission meeting occurring after 25 days from the date of submission. The request shall be considered as being officially submitted when all the information requirements, including the payment of all applicable fees, are complied with. A hearing shall be conducted and a record of the proceedings shall be kept in such a manner and according to such procedures as the plan commission shall prescribe from time to time. The village board or plan commission can, on their own motion, apply conditional uses when applications for rezonings come before their bodies.

(Code 1992, § 13-1-84)

(a)

Notice of hearing. Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice as prescribed by the Wisconsin statutes at least ten days prior to the public hearing 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, the notice to be sent at least ten days prior to the date of such public hearing, except that in the case of livestock facility siting conditional use hearings, such notice shall be sent to owners of property within 300 feet, per section 44-124.

(b)

Failure to fully provide notice. Failure to fully comply with the notice to adjacent property owners shall not, however, invalidate any previous or subsequent action on the application.

(Code 1992, § 13-1-85)

(a)

Standards. No application for a conditional use shall be recommended for approval by the plan commission, or approved by the village board, unless 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 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 adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.

(b)

Application of standards. When applying the standards in subsection (a) of this section to any new construction of a building or an addition to an existing building, the village board and plan commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district and the village comprehensive plan.

(c)

Additional considerations. In addition, in passing upon a conditional use permit application, the plan commission shall also evaluate the effect of the proposed use upon:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution, including sedimentation.

(3)

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

(4)

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

(5)

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

(6)

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

(7)

The need of the proposed use for a shoreland location.

(8)

Its compatibility with uses on adjacent land.

(9)

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

(Code 1992, § 13-1-86)

When an advisory recommendation of denial of a conditional use application is made by the plan commission or an actual denial by the village board, the plan commission or village board shall furnish the applicant, in writing, those standards that are not met and enumerate reasons the plan commission or village board has used in determining that each standard was not met. Such findings may be in the form of meeting minutes.

(Code 1992, § 13-1-87)

The following conditions shall apply to all conditional uses:

(1)

Conditions. Prior to the granting of any conditional use, the plan commission may recommend and the village board may stipulate such 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 44-115. In all cases in which conditional uses are granted, the plan commission may recommend and the village board shall require such evidence and guarantees as deemed necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions consistent with section 44-118(c) and (d) may include specifications for, without limitation because of specific enumeration:

a.

Landscaping;

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 chapter.

(2)

Site review. In reviewing each application and making its recommendation, the plan commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The plan commission may 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/use.

(3)

Extent of use. At no time shall the proposed conditional use utilize more than 35 percent of the gross floor area of the conforming use.

(4)

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

(5)

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.

(6)

Sloped sites; unsuitable soils. When slopes exceed six percent or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests or construction plans shall be provided that 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. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

(7)

Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted when 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 significant potential of accidents.

(Code 1992, § 13-1-88)

(a)

Plan commission advisory recommendation.

(1)

Following referral of conditional use permit applications, the plan commission may recommend that the village board authorize the zoning administrator to issue a conditional use permit for conditional uses specified in this chapter after review and a public hearing, provided such uses are in accordance with the purpose and intent of this chapter, and, more specifically, the standards for conditional uses established in this article.

(2)

The plan commission shall make findings of fact and recommend such actions or conditions relating to the request as the commission deems necessary to carry out the intent and purpose of this chapter. The recommendation may be for approval, conditional approval or denial.

(b)

Village board action.

(1)

Upon receiving the recommendation of the plan commission, the village board shall place such recommendations on the agenda for the next subsequent board regular meeting. Such recommendations, including findings of standards not met as required by section 44-115, shall be entered in and made part of the permanent written record of the village board.

(2)

If, upon receiving the recommendations of the plan commission, the village board finds that specific inconsistencies exist in the review process or significant new facts have now been made available and thus the final determination of the village board will differ from the advisory recommendation of the plan commission, the village board may, before taking final action, refer the matter back to the plan commission with the written record or separate statement report explaining the specific reasons for referral. This referral action shall only be permitted one time with each conditional use permit application.

(3)

At the village board's discretion, the board shall have the option to set and hold a public hearing at the next regular village board meeting in addition to the original required hearing. Such hearing shall be noticed and conducted as prescribed in this chapter in compliance with the requirements of this chapter and state law. The village board shall make, and record in the minutes of the board or in a separate statement report, findings of fact and may impose and require any conditions the village board considers necessary to protect the public health, safety and welfare when approving and issuing a conditional use permit.

(c)

Decision basis; imposition of conditions.

(1)

After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, and the plan commission's recommendation, the village board shall make a decision based on the decision criteria contained in this article to:

a.

Approve the conditional use;

b.

Approve the conditional use with conditions; or

c.

Deny the conditional use.

(2)

If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the village, the village shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the application and all requirements and conditions established by the village are or shall be satisfied. The decision to approve or deny the permit must be based on substantial evidence.

(3)

The term "substantial evidence," as used in this article, means facts and information, other than mere personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that a reasonable person would accept in support of a conclusion.

(d)

Imposition of conditions. The plan commission may recommend and the village board may impose conditions of approval as may be necessary to grant approval. Such conditions and restrictions may relate to the establishment, location, construction, maintenance, operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety, or general welfare. Conditions as to the permit's duration, transfer, or renewal may also be included. All conditions must be reasonable and, to the extent practicable, measurable. Any condition imposed must be related to the purpose of the evidence and be based on substantial evidence, as defined in subsection (c)(3) of this section.

(e)

Reapplication. No application for a conditional use permit which has been denied in whole or in part by the village board shall be resubmitted for a period of one year from the date of such denial, except on the grounds that substantial new evidence or proof of changes that would result in compliance with applicable conditions is included in the resubmitted application.

(Code 1992, § 13-1-89)

(a)

Noncompliance with conditions. When the village board has approved or conditionally approved an application for a conditional use permit, with conditions imposed regarding permit duration, transfer or renewal, such approval shall become null and void if such conditions have not been complied with. Prior to the revocation of such permit, the zoning administrator shall notify the holder by mail of such pending revocation.

(b)

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

(Code 1992, § 13-1-90)

(a)

Continuing jurisdiction. The village board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such 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 chapter.

(b)

Complaints. Upon written complaint by any citizen or village 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 section 44-115 or a condition of approval or other requirement imposed hereunder.

(c)

Hearing. Upon staff confirmation of possible noncompliance, a hearing shall be held following notice as provided in section 44-114. Any person may appear at such hearing and testify in person or represented by an agent or attorney.

(d)

Village board modification of conditions. The village board may, in order to bring the subject conditional use into compliance with the standards set forth in section 44-115 or conditions previously imposed by the village board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use.

(e)

Revocation. In the event that no reasonable modification of such conditional use can be made in order to ensure that the standards in section 44-115(a) and (b) will be met, the village board may revoke the subject conditional use permit and direct the zoning administrator and the village attorney to seek elimination of the subject use. Following any such hearing, the decision of the village board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.

(Code 1992, § 13-1-91)

(a)

Bed and breakfast establishments as conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residential districts pursuant to the requirements of this article governing conditional uses.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Agent means the person designated by the property owner as the person in charge of such establishment and whose identity is filed, in writing, with the zoning administrator upon issuance of the conditional use permit, and is updated five days prior to a designated agent, or different agent, taking over responsibilities for the bed and breakfast establishment.

Bed and breakfast establishment means any place of lodging that, generally:

(1)

Provides five or fewer rooms for rent to guests for a period not to exceed 30 days;

(2)

Is the owner's personal single-family residence;

(3)

Is occupied by the owner or the owner's agent at the time of room rental; and

(4)

In which the only meal served to guests is breakfast. (See definitions in section 44-441.)

(c)

Bed and breakfast establishment regulations.

(1)

Location.

a.

All bed and breakfast rooms/units shall be located within a principal structure only.

b.

A bed and breakfast establishment may be located in an officially designated local, state or national historical structure with a living space area of not less than 1,000 square feet.

c.

A bed and breakfast establishment may be located in an existing single-family dwelling with a living space area of not less than 1,000 square feet; a new single-family dwelling shall not be constructed for the purpose of establishing a bed and breakfast operation.

(2)

Number of rental units. A maximum of ten bed and breakfast units may be established in a structure.

(3)

Domicile requirement. The bed and breakfast structure shall be the domicile for the establishment's owner or manager.

(4)

Employee restriction. The bed and breakfast establishment shall employ not more than the equivalent of two full-time persons who are not domiciled in the principal structure.

(5)

Dining and other facilities. Dining and other facilities shall not be open to the public, but shall be used exclusively by the registered guests and residents, unless allowed by a separate permit.

(6)

Compliance with state standards. All bed and breakfast establishments and licensees shall be subject to and comply with Wis. Admin. Code ch. ATCP 73 relating to bed and breakfast establishments and to any applicable provisions of Wis. Admin. Code ch. ATCP 72 relating to hotels, motels and tourist roominghouses.

(7)

Guest registry. Each bed and breakfast establishment shall provide a register and require all guests to register their legal names and addresses before being assigned quarters. The complete guest registry shall be maintained and be available for inspection by village representatives for a minimum period of one year after a guest's registration.

(d)

Bed and breakfast establishment conditional use permit required.

(1)

Permit required. In addition to any permits required by Wis. Admin. Code chs. HSS 195 or 197, every bed and breakfast establishment, before commencing business, shall first obtain a conditional use permit from the village.

(2)

Application requirements. In addition to the standard conditional use permit application requirements prescribed in this article, applicants for a bed and breakfast conditional use permit shall also file the following information with the village:

a.

Site plan showing the location and size of buildings, parking areas and proposed signage.

b.

Number, surfacing type and size of off-street parking stalls.

c.

Proposed number, size, design and lighting of signs.

d.

General description of the proposed operation, including number and configuration of rooms to be let to guests.

(3)

Display of permit. Following issuance by the village, the conditional use permit shall be conspicuously displayed in the bed and breakfast establishment.

(e)

Off-street parking requirement. Conditional use permits for bed and breakfast establishments shall only be issued to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy. The design, location and setbacks for such proposed parking areas is subject to approval and possible conditions from the village board. Establishments otherwise qualifying under this section regulating bed and breakfast shall not be subject to other requirements of this chapter with respect to parking.

(f)

On-site signs. Total signage for bed and breakfast establishments shall be limited to a total of 12 square feet, and may only be lighted in such a manner and nature as to not significantly alter or detract from the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed and breakfast establishment shall not be subject to the requirements of this chapter with respect to signs.

(g)

Termination of permit.

(1)

Permit void upon sale. A bed and breakfast establishment conditional use permit shall be void upon the sale or transfer of the property's ownership. The village board shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use.

(2)

Voiding of permit upon violations. A permit issued in accordance with this section shall be valid until terminated by action of the zoning administrator for violation of the provisions of this section, permit conditions imposed pursuant to this article, or applicable state regulations as set forth in Wis. Admin. Code chs. ATCP 72 and 73.

(Code 1992, § 13-1-92)

(a)

Intent; scope; purpose.

(1)

Intent. The intent of this section is to provide a means to accommodate a small home-based family or professional business home office without the necessity of rezoning from a residential to a commercial district. A home occupation or professional home office exceeding the standards for a permitted home occupation/professional home office use under this section may possibly be maintained pursuant to subsection (e) of this section as a conditional use under this article.

(2)

Cumulative scope of activity. The total number of home occupations or professions conducted within a dwelling unit is not limited, except that the cumulative impact of all home occupations or professions conducted within the dwelling unit or on the premises thereof shall not be greater than the impact of one home occupation.

(3)

Purpose. The regulations of this section dealing with home occupations and professional home offices are designed to protect and maintain the residential character of established neighborhoods while recognizing that certain professional and limited business activities may be carried on in the home. This section recognizes that, when properly limited and regulated, such activities can take place in a residential structure without changing the character of either the neighborhood or the structure.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Home occupation means a business or trade conducted within a structure primarily zoned or used for a residential purpose, conducted primarily by a resident of the premises. Common features of a residential home occupation (or professional home office) are whether business-related materials or stock-in-trade are stored on the residential premises, vehicles with a business or delivery purpose are regularly parked on or make deliveries at the residence, the home is advertised as a place of business, or there is a business deduction taken for tax purposes for the residential premises.

Professional home office means residences of telemarketers, computer programmers, typists, clergy, architects, engineers, land surveyors, lawyers, artists, teachers, tradesmen, authors, accountants, musicians or other recognized professions used to conduct their professions; also included are professions listed in subsection (d) of this subsection. Tradespeople are limited to maintaining a business office and small convenience shop as part of their residential premises.

Tradespeople means persons who hold themselves out to the public as offering a particular skill, including, but not limited to, carpenters, masons, plumbers, electricians, roofers, and others involved in the building trades.

(c)

Home occupations/professional home office limited permitted use; restrictions. Except as provided in this subsection, home occupations and professional home offices are a limited permitted use in all residential districts, provided the requirements of the district in which the use is located and the following are complied with:

(1)

Location; size. The occupation or profession shall be carried on wholly within the enclosed areas of the principal building or an attached garage, but it shall utilize no more than 30 percent of the gross floor area of the dwelling.

(2)

Exterior alterations. 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)

Storage. No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation/profession shall be visible outside any structure located on the premises. There shall not be outside storage of any kind related to the home occupation/profession. The area in which products, materials and goods are kept shall be considered to be part of the 30 percent of the gross combined floor area permitted for a home occupation.

(4)

Nuisances. No home occupation 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. A home occupation shall not be detrimental to the health, safety, welfare, peace and quiet or enjoyment of the surrounding property or neighborhood.

(5)

Signage. Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed four square feet.

(6)

Commercial vehicles. The home occupation shall not involve the use of commercial vehicles, other than those owned by the applicant for delivery of products or materials to and from the premises. This shall not be interpreted to include delivery or pickup services, such as United Parcel Service, DHL, Federal Express, etc., in the conduct of their normal operations.

(7)

Off-site delivery of goods. To the extent that there is any sale of any item related to a home occupation, delivery of that item to the buyer should occur off the premises.

(8)

Traffic. No traffic shall be generated by such home occupation/profession in greater volumes than would normally be associated with a residential neighborhood use.

(9)

Parking. There shall be no demand for parking beyond that which is normal to the neighborhood. In no case shall the home occupation cause more than two additional vehicles to be parked on or near the premises.

(10)

Types of businesses. Home occupations are restricted to service-oriented, professional or clerical business or office uses; the manufacturing of items or products or the retail sale of items or products on the premises is prohibited.

(11)

Equipment limits. The types and number of equipment used on the premises may be restricted by the village board.

(12)

Nonresident employees.

a.

No more than one nonresident employee may work on the premises. The home occupation is to be conducted only by members of the family residing in the dwelling unit, plus no more than one nonresident assistant or employee employed on the premises at any one time.

b.

Persons engaged in building trades, similar fields and other activities using their dwelling units or residential premises as an office for business activities carried on off the premises may have more employees than the limitations set forth herein if they are not employed on the premises. The home office location shall not be used as a place for employees/workers to regularly come to receive off-premises work assignments.

(13)

Hours of operation. Home occupations may only operate on the premises between 7:30 a.m. and 9:00 p.m.

(14)

Retail sales. Retail sales on premises shall be prohibited, including the retail sales of merchandise, products, supplies or goods not produced or fabricated on the premises, provided that minor incidental retail sales may be made in connection with the permitted home occupation. (Example: a dressmaker would be permitted to sell only clothing produced or fabricated on site and would not be allowed to purchase stocks of dresses for sale to the general public on site.) The residence shall not be modified to accommodate retail sales activities (example: addition of a display window) and any retail activity shall be a minor use secondary to the primary occupation).

(15)

Prohibited home occupations. Mechanical repair for hire (including automobile, boat, recreational vehicle, small engine and body shop repair/work), equipment rental businesses, and businesses that involve the storage of heavy equipment on the premises (such as excavating or landscaping businesses) are not permitted as home occupations.

(16)

Inspections. Any party maintaining a permitted home occupation or professional home office business under this section may be subject to a compliance inspections by a village building inspector, zoning administrator, law enforcement officer, or health official if there is a reason to suspect that violations or improper activity may exist.

(d)

Permitted home occupations/professions described. Permitted home occupations/professions consistent with subsection (c) of this section not requiring a conditional use permit include, but are not necessarily limited to, the following examples:

(1)

Artists, sculptors, authors or composers.

(2)

Home crafts, such as model making, and rug weaving.

(3)

Office facility of a minister, rabbi, or priest.

(4)

Office facility of an attorney, architect, professional engineer, surveyor, author, interior decorator, photographer, income tax preparer, accountant, landscape architect, insurance agent or real estate agent, appraiser, or similar profession which serves several clients on site per day.

(5)

Private tutoring limited to three pupils at any one time.

(6)

Musical instruction limited to three pupils at a time; this requirement limiting class size shall not be construed to prohibit occasional exceptions for events such as recitals, demonstrations and other similar gatherings.

(7)

Dressmaking and millinery work.

(8)

Computer-oriented support services, such as consulting, clerical services, claims processing, internet-related businesses, etc.

(9)

Day care of not more than eight nonresident children.

(10)

Office for sales representative or manufacturer's agent when no retail or wholesale goods transactions occur on the premises.

(11)

Telemarketing and telephone answering service.

(e)

Conditional use home occupations/professional home offices.

(1)

Conditional use permit requirement. A home occupation or professional home office exceeding the standards prescribed in subsections (c) and (d) of this section for a limited permitted home occupation/professional home office use may apply for a standard conditional use permit under this article. Village approval of an expansion of a home occupation or professional home office as a conditional use is not automatic.

(2)

Application procedures.

a.

The village board, upon the recommendation of the plan commission, may approve home occupations or professional home offices in residential districts which do not meet the standards in subsection (c) of this section as conditional uses.

b.

The procedures for conditional use permits prescribed in this article shall be followed, and the standards in sections 44-115 and 44-117 shall be applicable.

c.

The village board may place conditions on the continuation or expansion of such home occupations/professional home offices, or the village board may require the relocation of the business to an area that is appropriately zoned.

d.

Conditional use permits issued for home occupations/professional home offices under this subsection (e) are valid for a term of three years. Upon the expiration of such term, the conditional use permit must be reapplied for.

(3)

Sale of property. Sale, transfer of the property, expansion of the use beyond permitted levels, or other significant changes shall cause the conditional use permit for the home occupation/professional home office to be void. A new owner may apply for a new conditional use permit under the procedures of this article.

(4)

In-home day care. In-home day care for children exceeding eight nonresident children and community-based residential facilities (adult residential day care) exceeding more than eight residents shall be required to obtain a conditional use permit under the requirements of this subsection.

(f)

Home occupations/professions permitted with conditional use permit. The following uses, by the nature of the investment or operation, have a pronounced tendency once started to rapidly increase beyond the limits permitted for home occupations/professions and thereby impair the use and value of a residentially zoned area for residence purposes. Therefore, home occupations are permitted only after issuance of a conditional use permit, and such occupations include, but are not necessarily limited to, the following:

(1)

Barbershops, beauty salons or hair stylist.

(2)

Antique shops.

(3)

Stables and kennels.

(4)

Medical offices, including, but not necessarily limited to, physicians, surgeons, dentists, chiropractors, acupuncturists, massage therapists, psychiatrists, psychologists, psychotherapists, or optometrists for the general practice of the profession, except for consultation or emergency treatment.

(5)

Bakeries.

(6)

Taxidermy shops.

(7)

Uses that involves primarily catalog sales or order processing and which does not involve volumes of stock or merchandise being distributed at the site may be deemed a home occupation, subject to the provisions hereof, provided that such use meets the intent of all standards set forth herein.

(8)

Cabinet-making or woodworking for profit (conducted inside a building only).

(Code 1992, § 13-1-93)

(a)

The overall density shall not exceed 15 dwelling units per acre.

(b)

The average lot width shall be at least 20 feet; however, no individual lot shall be narrower than 18 feet.

(c)

The average maximum lot coverage of principal and accessory buildings shall not exceed 50 percent and no individual lot shall be covered more than 60 percent.

(d)

The average front yard setback shall be 20 feet but no building shall be located closer to the front property line than 15 feet.

(e)

Side yards of not less than 20 feet in width shall be provided at least every 160 feet and for every corner lot.

(f)

The rear yard shall be not less than 20 percent of the depth of the lot.

(g)

No structure shall be higher than three stories or 35 feet.

(h)

One off-street parking space of not less than 180 square feet in area, exclusive of access drive or aisle, shall be provided for each dwelling unit.

(Code 1992, § 13-1-94)

(a)

General applicability. The procedures in this section apply to large livestock facilities that require a conditional use under this chapter and are supplementary to the general conditional use procedures of this article. The other provisions of this article regarding the review and granting of conditional use permits shall not be applicable to large livestock facilities conditional uses unless specifically referred to by this section.

(b)

Conditional use permits for existing livestock facilities.

(1)

When required. A conditional use permit is required for the expansion of a pre-existing or previously approved livestock facility if the number of animal units kept at the expanded livestock facility will exceed all of the following:

a.

The applicable size threshold for a conditional use permit established for the A-2 zoning district in article II of this chapter where the facility is located.

b.

The maximum number previously approved or, if no maximum number was previously approved, a number that is 20 percent greater than the number of animal units kept on the original effective date of the ordinance from which this chapter is derived.

(2)

When permit is not required.

a.

A permit is not required for a livestock facility that existed before the original effective date of the ordinance from which this chapter is derived.

b.

A permit is not required for a livestock facility that was previously issued a conditional use permit or other local approval, except as provided in subsection (b)(1) of this section. (Note: A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, except as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility.)

(c)

Application procedure.

(1)

Filing requirements. A livestock operator filing for a livestock facility conditional use permit shall complete the application and worksheets of the state department of agriculture, trade and consumer protection prescribed in Wis. Admin. Code ch. ATCP 51, which are incorporated herein by reference without reproduction in full. The application form and worksheets establish compliance with the standards of Wis. Admin. Code ch. ATCP 51 and this chapter. The livestock operator shall file four duplicate copies of the application form, including worksheets, maps and documents (other than engineering design specifications) included in the application. If the conditional use permit application is locally approved, one duplicate copy of the conditional use permit application must be filed with the state department of agriculture, trade and consumer protection, and one duplicate copy marked "approved" shall be given back to the applicant. It is advisable that the applicant also record a duplicate "approved" copy with county register of deeds.

(2)

Fees. A nonrefundable application fee as prescribed in the village fee schedule shall accompany an application. Processing of the application shall not proceed until such fee is paid.

(d)

Application review procedure.

(1)

Notice of application completeness. Within 45 days after the village clerk-treasurer, or the zoning administrator, receives an application, it shall notify the applicant whether the application is complete. If the application is not complete, the notice shall describe the additional information needed. Within 14 days after the applicant provides all of the required information, the zoning administrator or village clerk-treasurer shall notify the applicant that the application is complete. This notice does not constitute an approval of the proposed livestock facility.

(2)

Notification of adjacent landowners. Within 14 days after the zoning administrator or village clerk-treasurer notifies an applicant that the application of such applicant is complete, the zoning administrator or village clerk-treasurer shall notify adjacent landowners of the application pursuant to the procedures in section 44-114 and this article, including the public hearing notice requirements below. The zoning administrator shall use the approved notice form in Wis. Admin. Code ch. ATCP 51, and mail a written notice to each property owner situated within 300 feet of the boundaries of the applicant's property pursuant to the procedures in section 44-114.

(3)

Public hearing. The village shall schedule a public hearing on the application/notification pursuant to the requirements of sections 44-113 and 44-114 before both the plan commission and village board meetings, or a joint public hearing may be held.

(e)

General standards. The general standards to be satisfied for issuance of a conditional use permit are as follows:

(1)

State livestock facility siting standards. The state livestock facility siting standards prescribed under state regulations. The state standards are incorporated herein by reference, without reproducing them in full.

(2)

Chapter setbacks. Setbacks authorized by this chapter by applicable zoning district.

(f)

Criteria for issuance of a permit.

(1)

Compliance with standards. A permit shall be issued if the application for the proposed livestock facility contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets the standards specified in this section.

(2)

Basis for denial. A conditional use permit application under this section may be denied if any of the following apply:

a.

The application, on its face, fails to meet the standard for approval.

b.

The village board finds, based on other clear and convincing information in the record, that the proposed livestock facility does not comply with applicable standards in this section.

c.

Other grounds exist authorized by Wis. Stats. § 93.90 that warrant disapproving the proposed livestock facility.

(3)

Conditions. No conditions may be imposed on a conditional use permit under this section other that standards described and provided in this section.

(g)

Determination.

(1)

Plan commission advisory recommendation.

a.

Following referral of the conditional use permit application under this section, the plan commission may recommend that the village board issue a conditional use for livestock uses specified under this chapter after review and public hearing, provided such uses are in accordance with the purpose and intent of the underlying zoning district, and, more specifically, the standards for such conditional use permits under this section.

b.

The plan commission shall make findings of fact and recommend such actions or conditions relating to the request as the plan commission deems necessary to carry out the intent and purpose of this section.

(2)

Village board action.

a.

Upon receiving the recommendation of the plan commission, the village board shall place the application and such recommendations on the agenda for a subsequent village board meeting. The hearing requirements of subsection (d)(3) of this section shall be followed.

b.

If, following the recommendations of the plan commission, the village board finds that specific inconsistencies exist in the review process or significant new facts have now been made available and thus the final determination of the village board could differ from the advisory recommendation of the plan commission, the village board may, before taking final action, refer the matter back to the plan commission with the written record or separate statement/report, explaining the specific reasons for referral. This referral action shall only be permitted one time with each conditional use permit application under this section.

c.

At the village board's discretion, the village board shall have the option to set and hold a public hearing at the next regular village board meeting. Such hearing shall be noticed and conducted as prescribed in sections 44-113 and 44-114.

d.

The village board shall issue its decision in writing, which may be the minutes of the village board's meeting. The village board's decision shall be based on written findings of fact supported by evidence in the record. In the event that a livestock facility conditional use permit application is approved, the applicant shall receive a duplicate copy of the approved application, marked "approved." The duplicate copy must include worksheets, maps and other documents included in the application.

e.

The village board shall grant, deny or conditionally approve a livestock facility conditional use permit application within 90 days after the notice of a complete application is provided as required under subsection (d) of this section.

f.

The village board may extend this time for good cause, including any of the following:

1.

The village board needs additional information to act on the application.

2.

The applicant materially modifies the application or agrees to an extension.

g.

The village board shall give written notice of any extension. The notice shall specify the reason for the extension, and the extended deadline date by which the village board will act on the application.

(h)

Notice to the state. As required by Wis. Admin. Code § ATCP 51.36 within 30 days of the village board's decision on the application, the village clerk-treasurer shall:

(1)

Notice of decision. The village clerk-treasurer shall give the state department of agriculture, trade and consumer protection written notice of the village board's decision.

(2)

Filing of final application/worksheets. The village clerk-treasurer shall file with the state department of agriculture, trade and consumer protection (department) a copy of the final application granted or denied, if the village has granted or denied an application under this section. Such copy shall include all of the worksheets, maps and other attachments included in the application, except that it is not required to include the engineering design specifications.

(3)

Approval withdrawal. If the village has withdrawn a local animal livestock facility conditional use permit approval under this section, the village clerk-treasurer shall file with the department a copy of the village final notice or order withdrawing the local approval.

(i)

Permit expiration. A conditional use permit under this section remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted under such permit, and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the village board may treat a conditional use permit under this section as lapsed and withdraw the permit if the permit holder fails to do all of the following within two years after issuance of the permit:

(1)

Animal populating requirement. Begin populating the new or expanded livestock facility; and

(2)

Construction requirement. Begin constructing all of the new or expanded livestock housing or waste storage structures proposed in the conditional use permit application.

(j)

Permit modifications. The operator may make reasonable changes that maintain compliance with the standards in this section, and the village board shall not withhold authorization for those changes.

(k)

Compliance monitoring. The village shall monitor compliance with this section as follows:

(1)

Inspections. Upon notice to the livestock facility owner request the right of the zoning administrator or designee to personally view the permitted facility at a reasonable time and date to ensure that all commitments of the application as approved are being complied with.

(2)

Inspection refusal. If the livestock facility owner refuses the zoning administrator or designee the right to view the permitted facility, the zoning administrator or designee may request the assistance of law enforcement authorities to obtain an inspection warrant from the circuit court to inspect the permitted facility for the purpose of protection of the public health and safety under Wis. Stats. § 66.0119.

(3)

Noncompliance; time to correct. If a permitted facility is found not to be in compliance with the commitments made in the approved application, the zoning administrator or designee shall issue a written notice to the livestock facility owner stating the conditions of noncompliance and directing that compliance of the commitments of the approved application and be complied with in a reasonable amount of time stated in the written notice.

(4)

Failure to correct. If noncompliance of the conditional use permit conditions as described in the written notice given by the zoning administrator continue past the stated reasonable time to comply, the zoning administrator may take further action as provided in this section and chapter, including, but not limited to, issuance of a citation or seeking of injunctive relief.

(5)

Compliance disputes; hearing. If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request a hearing, such request to be in writing to the village clerk-treasurer within five days of receipt of the notice of noncompliance. Upon receipt of such written hearing request, the village board shall schedule a hearing within five days to determine if the conditions of the permit have been complied with or whether noncompliance of the commitments of the approved application and local approval exists.

(l)

Terms of the permit; violations.

(1)

Compliance with permit standards. A livestock facilities conditional use permit, and the privileges granted by such a permit under this section, is conditioned on the livestock operator's compliance with the standards in this section, and with the commitments made in the application for a permit.

(2)

Violations; penalties.

a.

The village is authorized to suspend a livestock facilities conditional use permit or seek other redress in this section and this chapter for noncompliance, including, but not limited to, penalties under section 44-330 and permit revocation or suspension, forfeiture or injunctive relief. In considering permit suspension or revocation, the village board shall consider extenuating circumstances, such as adverse weather conditions, that may affect an operator's ability to comply.

b.

In addition to any penalties herein, the cost of abatement of any public nuisance on the permitted facility by the village may be collected under this section or Wis. Stats. § 823.06 against the owner of the real estate upon which the public nuisance exists. Such costs of abatement may be recovered against the real estate as a special charge under Wis. Stats. § 66.0627 unless paid earlier.

(m)

Transferability.

(1)

Permit to run with land. A livestock facilities conditional use permit and the privileges granted by the permit run with the land, and remain in effect, despite a change in ownership of the livestock facility, provided the new operator does not violate the terms of the village approval. An applicant may record with the register of deeds, at the applicant's expense, the duplicate copy of the approved application.

(2)

Requirements upon change of ownership. Upon a change of ownership of the livestock facility, the new owner of the facility shall file information with the village clerk-treasurer providing pertinent information, including, but not limited to, such information as the name and address of the new owner and date of transfer of ownership.

(n)

Appeals.

(1)

Appeals under this chapter. Appeals to this section shall be taken pursuant to article XIII of this chapter.

(2)

Appeals to state livestock facility siting board.

a.

In addition to other appeal rights provided by law and this chapter, Wis. Stats. § 93.90(5) provides that any aggrieved person may request review by the livestock facility siting review board of any decision by the village in connection with a permit application.

b.

An aggrieved person may challenge the decision on the grounds that the village incorrectly applied the standards under this section or violated Wis. Stats. § 93.30.

c.

The term "aggrieved person," under this section, as defined in Wis. Stats. § 93.90(5), means a person who applied to a political subdivision, i.e., village, for approval of a livestock siting or expansion, a person who lives within two miles of the livestock facility that is proposed to be sited or expanded, or a person who owns land within two miles of a livestock facility that is proposed to be sited or expanded.

d.

Any appeal to the state livestock facility siting review board brought under this subsection (n) shall be requested within 30 days of the village board approval or disapproval or within 30 days after the decision on appeal before the zoning board of appeals.

(Code 1992, § 13-1-95)

Any action of the village board in granting or denying a conditional use permit request may be appealed to the zoning board of appeals by filing a written request for an appeal within ten days after the date of the village board's action in granting or denying the permit. Such request for appeal shall be filed and reviewed pursuant to the procedures in article XIII of this chapter.

(Code 1992, § 13-1-96)