Denmark Village City Zoning Code
ARTICLE XI
Conditional Uses
§ 315-220 Purpose.
This chapter divides the Village into zoning districts where the design, use, bulk, and location of buildings and structures are compatible. However, conditional uses have unique characteristics that require a higher degree of scrutiny and, therefore, cannot be properly allowed as unrestricted permitted uses. The Village requires consideration, in each case, of their impact on neighboring land or public facilities, and of the public need for the particular use at a particular location. These uses may be necessary or desirable in a particular district if sufficient consideration is given to their location, development and operation.
§ 315-221 General.
A.
Conditional uses.
(1)
Only those conditional uses presented in § 315-52 are allowable upon issuance of a conditional use permit.
(2)
When an existing use or structure is classified as a conditional use at the date of adoption of this chapter, it shall be considered a legal use without further action of the Plan Commission unless such use is noncompliant with this section.
(3)
Changes to or substitution of conditional uses shall be subject to review and approval by the Plan Commission in accordance with this chapter.
B.
Conditions imposed. The conditions imposed on a conditional use permit shall be:
(1)
Related to the purpose of this chapter.
(2)
Based upon substantial evidence. For the purposes of this section, substantial evidence shall include facts and information, other than merely personal preference or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
(3)
Reasonable and, to the extent practicable, measurable.
C.
Standards. A conditional use shall comply fully with the dimensional standards, design standards, site standards, and all other applicable standards of the district within which such use is authorized.
§ 315-222 Basis for approval.
The Plan Commission and Village Board shall consider the effect of granting a conditional use permit upon the health, general welfare, safety and economic prosperity of the Village and of the immediate area in which such use would be located, including such considerations as the effect on the established character and quality of the area; its physical attractiveness; the movement of traffic; the demand for related services; the possible hazardous, harmful, noxious, offensive or nuisance effects resulting from noise, dust, smoke or odor and other factors; and the Village of Denmark Comprehensive Plan or components thereof, unless such considerations are in conflict with this article.
§ 315-223 Procedure.
A.
A request for conditional use permit shall be submitted in writing to the Village Clerk on a form provided by the Village. The Village Clerk shall promptly refer such petition to the Zoning Administrator, Plan Commission, and Village Board for review and determination. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request including the following:
(1)
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.
(2)
Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.
(3)
Building, site and operation plans of the proposed use shall be submitted for approval of the Plan Commission. Such plans shall be in sufficient detail to enable the Plan Commission to evaluate the suitability of architectural and landscape treatment; the proper location of the building or buildings on the lot; the satisfactory provision for parking and circulation needs, for drainage and sewage disposal for adequate planting screen where necessary, and for operational control devices where necessary to eliminate noise, dust, odor, smoke, or other objectionable operating condition; and the general compatibility of the proposed use with the area in which it is located.
(4)
For areas designated floodland or floodplain, such description shall also include information that is necessary for the Plan Commission and Village Board 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 ground; fill or storage elevations; first 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; soil types; and other pertinent information.
(5)
A plat of survey prepared by a registered land surveyor showing all of the information required under Ch. 236, Wis. Stats., the mean and historic high-water lines and floodlands on or within 40 feet of the subject premises and existing structures, paving, and landscaping.
(6)
Additional information as may be required by the Village Board, Plan Commission, or Zoning Administrator.
B.
Review and recommendation. The Zoning Administrator shall review the application and prepare staff report for the Plan Commission containing a recommendation to approve, conditionally approve, or deny the conditional use permit. Such report shall be submitted as written testimony at the public hearing.
§ 315-224 Hearing.
The public hearing shall be held before the Plan Commission as soon as practical pursuant to the requirements of this chapter. The Plan Commission shall make a recommendation regarding the petition to the Village Board.
A.
The Village Board may approve, conditionally approve or deny the application and it shall report its decision within 90 days after the filing of the application. The Village Board's decision shall be in writing and shall include an accurate description of the use permitted, of the property on which it is permitted and any and all conditions made applicable thereto.
B.
Upon approval of a conditional use by the Village Board, the Zoning Administrator shall issue a conditional use permit.
§ 315-225 Recording.
When a conditional use is approved, an appropriate record shall be made of the land use and building permits, and such decision shall be applicable solely to the structures, use and property so described.
§ 315-226 Compliance.
Where a use does not comply with the conditions of the permit, the conditional use permit shall be revoked and the use shall be considered a violation of this chapter.