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 inclusion as a permitted or principal use in a district. The development and execution of this article are based upon the division of the Village of Hammond into zoning districts, within which districts the use of land and buildings, the size and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. Certain uses, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts. Such uses require special consideration and review of their impact on neighboring properties or on public facilities and of the public need for them at a specific location. In conducting such review, due consideration must be given to their location, development and operation. These uses are classified as conditional uses and are listed as such in the zoning districts contained in this chapter or are designated as such in the review procedures specified in this article. The listing of a use as a conditional use should not be interpreted as a legislative determination that the use is inherently in the public interest in that district.

(Ord. of 09-10-2018(2), § I)

(a)

Applicant. Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession specifically enforceable in the land for which a conditional use permit is sought may file an application for a conditional use as designated in this chapter.

(b)

Fee, hearing and notice. Application for a conditional use permit shall be made to the zoning officer, who shall refer it to the board. The application fee is $150.00 and shall be submitted to the village clerk with the application. The board shall then refer the application to the plan commission for an advisory recommendation. The board shall then schedule a public hearing on the application and may designate whether the plan commission or the board shall conduct the public hearing. Notice of such hearing shall be given by the village board by publishing in the official newspaper a display as setting forth such information as will provide adequate notice to residents of the village of the proposed application, its location, and the time and place of the hearing, and the statement that all interested parties will be heard. Such notice shall be published as a class 2 notice pursuant to Wis. Stats. § 985.07, and copies of such notice shall be mailed to all property owners of property within 100 feet of the property which is the subject of the application by regular mail. Such notice shall be sent at least ten days prior to the date of the scheduled public hearing.

(c)

Application requirements. The application shall include any or all of the following, as required by the zoning administrator:

(1)

Site plan.

a.

Location of all existing and proposed buildings.

b.

Location and number of existing and proposed parking spaces.

c.

Vehicular circulation and traffic access plan.

(2)

Dimension plan.

a.

Lot dimensions and area.

b.

Dimensions of proposed and existing structures.

c.

Setbacks of all buildings from property boundaries.

d.

Architectural elevations.

(3)

Grading plan and soil types.

a.

Existing contours.

b.

Proposed contour changes.

c.

Drainage configuration including drainageways or ponds.

d.

Proposed filling, grading, lagooning or dredging.

e.

Soil types, high water marks, ground water conditions, bedrock, vegetation cover.

(4)

Landscape plan.

a.

Location of all existing major trees.

b.

Major trees slated for removal.

c.

Natural berms or barriers to be constructed.

d.

Walkways, open spaces, landscaping and lighting.

(5)

Other information deemed necessary to ensure compliance with the requirements of this chapter.

(d)

Any conditional uses listed in this article shall be permitted only when authorized by the village board after review, public hearing, and advisory recommendation from the plan commission and approval by the board.

(e)

In approving an application, the village board shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewage and water systems, and the proposed operation. The board shall determine that the requested use is consistent with the purpose and intent of this chapter and that it will not be hazardous, harmful, offensive or otherwise adverse to the environment or the neighborhood or village.

(Ord. of 09-10-2018(2), § I)

(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)

The applicant has demonstrated that the application and all requirements and conditions established by the village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. "Substantial evidence," pursuant to Wis. Stats. § 62.23(7)(de)b, 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 reasonable persons would accept in support of a conclusion.

(2)

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.

(3)

The uses, values and enjoyment of other property in the neighborhood for purposes already permitted or established 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 uses of adjacent properties.

(4)

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

(5)

Adequate utilities, access roads, drainage and other necessary site improvements will be provided.

(6)

Adequate measures will be taken to provide ingress and egress so as to minimize traffic congestion on public streets.

(7)

The conditional use shall conform to all applicable regulations of the district in which it is located.

(8)

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

(9)

Adequate measures will be taken to prevent and control erosion and water pollutions, including sedimentation and runoff.

(10)

Any proposed architectural treatment will be in general harmony with surrounding uses.

(11)

The public health, safety and welfare will not be harmed or endangered by allowing the conditional use.

(b)

In applying the above standards to any new construction or an addition to an existing structure, the village board and plan commission shall consider the statement of purpose for the zoning district and ensure that the proposed conditional use is consistent with that purpose and with the village comprehensive plan.

(Ord. of 09-10-2018(2), § I)

(a)

The plan commission and board shall make such findings that it deems appropriate based on the information submitted to it. The village board shall consider such findings and any plan commission recommendations and make the ultimate determination of whether to grant the conditional use and the conditions upon which such grant is made. If the application is denied, the village board shall furnish the applicant in writing those standards which are not met and enumerate reasons why those standards were not met. Such findings may be in the form of meeting minutes.

(b)

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 at least 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.

(c)

Appeals. Any action of the village board in granting or denying a conditional use permit may be appealed to the zoning board of appeals. In the alternative, any action by the village board denying a conditional use application may be appealed by the applicant directly to the circuit court of St. Croix County, as provided in Wis. Stats. § 62.23(7)(e)10. In the case of appeals to the zoning board of appeals, a written request shall be made within ten days after the date of the village board's ruling on the application.

(Ord. of 09-10-2018(2), § I)

(a)

Conditions. Prior to granting 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 specified in section 78-353 above. Any condition imposed must be related to the purpose of the zoning code and be based on substantial evidence. In all cases in which conditional uses are granted, the plan commission may recommend and the village board shall require such evidence and guarantees deemed necessary as proof that the conditions stipulated in connection with the approval are being and will be composed with. Such conditions may include, without limitation, specifications addressing:

(1)

Landscaping, including terracing, retaining walls, oversized footings and drain tile.

(2)

Type of construction.

(3)

Construction commencement and completion dates.

(4)

Sureties.

(5)

Lighting.

(6)

Fencing.

(7)

Operational control.

(8)

Hours of operation.

(9)

Traffic circulation.

(10)

Deed restrictions.

(11)

Access restrictions.

(12)

Setbacks and yards.

(13)

Noise limits, smoke, dust, odors, vibration.

(14)

Outside storage.

(15)

Sewage disposal and water supply systems.

(16)

Planting screens.

(17)

Parking.

(18)

Conditions pertaining to permit duration, transfer or renewal.

(19)

Stormwater drainage and detention.

(20)

Signage.

(21)

Type of exterior construction materials and/or architectural treatment.

(22)

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

(b)

Extent of use. At no time shall the proposed conditional use use or occupy more than 40 percent of the gross floor area of the conforming use.

(c)

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

(Ord. of 09-10-2018(2), § I)

(a)

Where the village board has approved or conditionally approved an application, such approval shall become null and void within 18 months of the date of the approval unless the village board has specified a different timeline in its approval or the use is commenced, construction has commenced and is being diligently continued. The village zoning administrator shall notify the applicant of the pending expiration at least 30 days prior to the expiration date by certified mail.

(b)

Upon written application for extension submitted at least 90 days prior to the expiration, the village board may extend such permit for a period of 90 days for justifiable cause if the approval contained a permit duration condition.

(Ord. of 09-10-2018(2), § I)

Any permitted conditional use that does not continue in conformity with the conditions of the permit shall be considered in violation of this chapter.

(Ord. of 09-10-2018(2), § I)