A conditional use is a use or structure that may not be appropriate as a general permit or unrestricted throughout a district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare. A conditional use permit shall be required for the establishment of each use or structure listed as a conditional use in that zoning district, and for any modifications pursuant to section 117-323. A conditional use shall not be issued for any other use or structure except as provided by section 117-48(e), uses not listed.

(Ord. No. 10-147, § 11.0(1), 7-27-2010)

(a)

Application. All written applications for a conditional use permit shall be submitted to the zoning administrator on forms supplied by the village, accompanied by a nonrefundable application fee as set forth in the zoning fee schedule, reference this code section, and nine copies of a development plan pursuant to section 117-318. The application may also be accompanied by any other material or information necessary to demonstrate that the grant of a condition use will be in harmony with the general intent and purpose of these zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public interest. The administrator shall refer all applications and accompanying materials to the plan commission.

(b)

Public hearing. Any public hearing required under this section shall be conducted by the plan commission after a Class 2 notice pursuant to Wis. Stats. ch. 985.

Every effort will be made to notify property owners within 300 feet of the subject property by regular mail of the conditional use permit application. Failure to send such notice will not invalidate the public hearing.

(c)

Action by the plan commission. The plan commission shall, within 45 days upon filing of an application for a conditional use permit, hold a public hearing on the application. The plan commission shall review and make a recommendation to approve or deny the conditional use permit with any conditions it may deem appropriate to the village board within this time period, unless such time is extended by agreement with the petitioner. In making its decision, the plan commission shall consider the standards listed in section 117-319. The plan commission shall keep a record of its proceedings under this section, all of which shall be filed as public records.

(1)

Public hearing. A public hearing is a formal proceeding conducted by the plan commission in accordance with the following procedures:

a.

The commission chairperson shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. Any official or employee of the village and any other person may participate in the hearing. Any person desiring to participate in the hearing, whether on his or her own behalf, or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address, the name and address of the person being represented, and the capacity in which he or she represents such person.

b.

Persons entering an appearance may make statements, offer evidence or ask questions concerning the matter to be heard. Such statements need not be made under oath. The chairperson shall determine the order in which people may speak and may limit the length of the presentations if it appears there will not be enough time for all who wish to speak or if presentations are unduly repetitious. Cross examination of those who speak may not be permitted but clarifying questions of those who speak or rebuttal statements shall be permitted by the chairperson. Statements may be submitted in oral or written form.

c.

The hearing shall be recorded by an electronic recording device.

d.

The plan commission shall make a recommendation to the village board to approve, approve with conditions, or deny the conditional use.

(d)

Action by the village board. The village board shall within 45 days of plan commission action act to approve or deny the conditional use permit with any conditions. In making its decision, the village board shall consider the standards listed in section 117-319. The village board shall keep a record of its proceedings under this section, all of which shall be filed as public record.

(Ord. No. 10-147, § 11.0(2), 7-27-2010)

An application for a conditional use permit shall be accompanied with the plans/information outlined in this article. Plan requirements may be assimilated into one or more plan documents. The zoning administrator may waive one or more of the requirements when it is deemed unnecessary for the review of a particular type of development.

(a)

Operation plan. A narrative detailing the hours of operation, anticipated number of occupants and/or employees, whether there will be any outside storage of materials, equipment or vehicles, and plans for removal and control of waste and trash.

(b)

Building plan. The building plan shall show the layout of building(s), size and layout of rooms, design of building(s) facade, and any other materials or notes to properly depict the building(s).

(c)

Site plan. The site plan shall include a legal description of the property, the location of all existing and proposed streets, easements, building(s), parking areas, pedestrian and vehicular access points, and pedestrian walkways. A graphic outline of any development phasing and the land use and zoning classifications of adjacent properties shall also be indicated on the site plan.

(d)

Drainage plan. A drainage plan shall show existing topography at two foot intervals, spot elevations of existing and proposed buildings, and the approximate location of any proposed stormwater management facilities needed in order to meet the post-construction stormwater management requirements.

(e)

Landscape plan. The landscape plan shall identify the location of existing trees and land forms. The landscape plan shall also indicate the location, extent and type of all proposed plantings and shall also show the location, height, opaque characteristics, extent and type of any required screening.

(f)

Utility plan. The utility plan shall show the location of all utilities (storm, sanitary, water mains, electrical, natural gas and communication lines), exterior lighting, outdoor signs, and waste and trash collection areas. Areas for snow removal storage shall also be shown.

(Ord. No. 10-147, § 11.0(3), 7-27-2010)

No conditional use permit shall be recommended by the plan commission, or approved by the village board, unless it shall find all of the following criteria have been met. The applicant's failure to satisfy the criteria, or any other applicable requirement in this chapter, shall be deemed grounds to deny the conditional use permit.

(a)

Zoning. The proposed use conforms to the underlying zoning district intent and design standards and is in harmony with the general purpose and intent of this chapter. Where there is an existing nonconforming structure, the design standards of the underlying zoning district may be waived by the plan commission and village board.

(b)

Plans. The proposed use conforms to the village comprehensive plan and any other officially adopted village plan.

(c)

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

(d)

Landscaping and screening. Appropriate landscaping and screening has been or will be provided to protect adjacent uses or properties from light, noise and other visual impacts that are associated with the proposed use as established in article VI, Access, Parking, and Loading and article IX, Landscaping and Screening Standards.

(e)

Neighborhood compatibility. The proposed use is compatible with the predominant or prevailing land use of the neighborhood surrounding the proposed development and whether the proposed use creates a nuisance due to noise, odor, or dust.

(f)

Services. Adequate facilities, access roads, drainage and/or necessary services have been or will be provided.

(Ord. No. 10-147, § 11.0(4), 7-27-2010)

(a)

Prior to the granting of any conditional use permit, the plan commission may recommend and the village board may place such conditions and restrictions upon the establishment, location, construction, maintenance and method or hours of operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards specified herein. In all cases in which conditional uses are subject to conditions, the plan commission may recommend and the village board may require evidence and guarantees as it may deem necessary (as proof that the stipulated conditions are being and will be complied with).

(1)

The requirements and conditions must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate 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. The village's decision to approve or deny the permit must be supported by substantial evidence as defined in Wis. Stats § 66.23(7)(de)2.b.

(2)

Prior to granting any other permit, approval, certificate, or other such document by the village, the applicant must sign the conditional use permit letter stating the conditions of approval and that the applicant/developer agrees to abide by all conditions and that if the applicant/developer cannot meet the stated conditions then the conditional use permit may be revoked by the village.

(b)

Conditional use permits shall be issued permanently or for a specified period of time as may be specified by the village board upon recommendation of the plan commission and shall be an obligation of any party to whom a property may be transferred or assigned.

(c)

A conditional use permit shall expire if the use is discontinued for a period of 12 consecutive months. If a building permit has not been obtained or the conditional use has not been established within 12 months of the issuance of the conditional use permit, the conditional use permit expires.

(d)

Any party who has been issued a conditional use permit shall notify the zoning administrator, in writing, that they are seeking a continuance or extension of any conditional use permit that has an expiration date as established by the village board. Such notification shall be submitted 30 days prior to the conditional use permit expiration.

(e)

A conditional use permit shall become effective upon approval by the village board. A record of the conditional use permit shall be kept in the village clerk and zoning administrator's files.

(f)

A conditional use permit may be revoked by the village board for failure to comply with all provisions of such permit provided that 30 days notice has been given by first class mail to the operator or owner of such use of the intent to revoke.

(Ord. No. 10-147, § 11.0(5), 7-27-2010)

Editor's note— Ord. No. V20-09, adopted Aug. 25, 2020, repealed § 117-321 which derived from Ord. No. 10-147, § 11.0(6), adopted July 27, 2010.

Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a conditional use in the zoning district in which it is located shall be deemed to have been granted approval, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval according to the terms of this section 117-323.

(Ord. No. 10-147, § 11.0(7), 7-27-2010)

When an applicant requests a change in special use, the village shall review such change or modification to assure compatibility and compliance with the purpose of this article.

(a)

Minor change. Minor changes shall be submitted to and reviewed by the plan commission. Minor changes include:

(1)

Expansions of conditional uses and structures of less than ten percent.

(2)

Other changes which keep with the general intent and character of the conditional use permit previously issued.

(b)

Major change. All other changes not identified as a "minor change" shall be deemed a major change in a conditional use and shall be submitted to the village board for review per article XI, Conditional Use Permits.

(Ord. No. 10-147, § 11.0(8), 7-27-2010)