The development and execution of this chapter 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, require a site plan or 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. 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 may require a site plan and/or are classified as conditional uses.

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 chapter in the zoning district in which such land is located.

An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 415-39 hereinafter. The Plan Commission and Village Board may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

Upon receipt of the application and statement referred to in § 415-36 above, the Plan Commission shall hold a public hearing on said application for a conditional use at such time and place as shall be established by the respective bodies. The Plan Commission shall hold its hearing and make a recommendation to the Village Board regarding said application prior to the Board meeting. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Village Board shall, by rule, prescribe from time to time.

Notice of the time, place and purpose of such hearings shall be given by publication of a Class 2 Notice under Chapter 985 of the Wisconsin Statutes. Said notice shall also be sent to the applicant, members of the Plan Commission and Village Board and the owners of record, as listed in the office of the Village Assessor, of property in whole or in part situated within 200 feet of the boundaries of the properties affected, said notice to be sent at least 10 days prior to the date of the Plan Commission's public hearing.

When a 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 Board has used in determining that each standard was not met.

The following conditions shall apply to all conditional uses and site plans:

Where the Plan Commission and Village Board have approved or conditionally approved a site plan or application for a conditional use, such approval shall become null and void within 12 months of the date of the 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 such permit, the Designated Village Representative shall notify the holder by certified mail of such revocation. The Board may extend such permit for a period of 90 days for justifiable cause, if application is made to the Plan Commission and Village Board at least 30 days before the expiration of said permit. Conditional use permits and their conditions may be transferred to a new owner of the property.

The Village Board shall retain continuing jurisdiction over all site plans and 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 Building Inspector to order the removal or discontinuance of any unauthorized alterations of an approved site plan or 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. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject site plan or conditional use is in violation of either one or more of the standards set forth in § 415-39 above, 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 § 415-38 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Village Board may, in order to bring the subject site plan or conditional use into compliance with the standards set forth in § 415-39 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject site plan or conditional use. In the event that no reasonable modification of such site plan or conditional use can be made in order to assure that standards in § 415-39A(1) and (2) will be met, the Village Board may revoke the subject site plan or conditional approval and direct the Building Inspector 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 site plan or conditional use in writing stating the reasons therefor.