The development and execution of this Article is based upon the division of the Village into districts, within which districts the uses 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 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 at a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in particular district provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

a.

The Plan Commission, after a public hearing, shall, within a reasonable time, make a recommendation to the Village Board that it grant or deny any application for a conditional use. Prior to making its recommendation regarding a proposed conditional use, the Plan Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

b.

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 upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

c.

Unless specifically excused by the Village Board, as part of its imposition of conditions under a Conditional Use Permit, compliance with all other provisions of this chapter, and any and all applicable provisions of this chapter or any other Chapter of the Village Municipal Code including but not limited to provisions regulating lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.

Any person, firm, corporation or organization having a freehold interest of 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 (1) or more of the conditional uses provided for this Article in the zoning district in which such land is located.

a.

Filing of application. An application for a conditional use shall be filed with the Zoning Administrator on a form prescribed by the Village. The application shall be accompanied by such plans and other information as may be prescribed by the Zoning Administrator, 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 VII hereinafter. The Zoning Administrator 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 and control; 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, including site plans, floor plans elevations, sewage disposal facilities, water supply systems and arrangements of operations. The application fee as established by the Village Board shall be paid upon filing of the application.

b.

Application information. Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms furnished by the Village and shall include 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 lies.

3.

Additional information as may be required by the Village Board, Zoning and Planning Commission, Village Engineer, Building, Plumbing, or Health Inspectors.

c.

Zoning Administrator review. The Zoning Administrator shall review the application and supporting materials and determine whether or not the application is complete and whether or not additional information is necessary. After the Zoning Administrator has determined that the application and supporting materials is complete the application shall be forwarded to the Village Plan Commission for hearing.

Upon receipt of the application and statement referred to in subsection IV above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Board. The hearing shall be conducted and a record of the proceedings shall be preserved in such 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 hearing shall be given by publication as a Class 2 Notice under the Wisconsin Statutes in the official Village paper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Building Inspector, members of the Village Board, and Plan Commission, and the owners of record, as listed in the office of the Assessor, who are owners of property in whole or in part situated within one hundred (100) feet of the boundaries of the properties affected, said notice to be sent at least ten (10) days prior to the date of such public hearing.

The Plan Commission shall not grant a favorable recommendation of an application for a conditional use, without the review, and determination of the following:

a.

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.

b.

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.

c.

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.

d.

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

e.

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.

f.

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

g.

That the proposed use does not violate flood plain regulations governing the site.

h.

That when applying the above standards to any new construction of a building or an addition to an existing building, the Zoning and Planning Commission shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition as its location does not defeat the purpose and objective of the zoning district.

i.

That it addition, in passing upon a Conditional Use Permit, the Zoning and Planning 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 flood plains 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 generate and the adequacy of the proposed disposal systems.

a.

When the recommendation of the Plan Commission is that a conditional use application be denied, the Plan Commission shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate reasons the Commission has used in determining that each standard was not met. The applicant may withdraw the application, resubmit the application with changes to meet the requirements stated by the Commission or appeal the decision to the Village Board.

b.

The application shall not be resubmitted to the Plan Commission for a period of one (1) year from the date of said denial, except on the grounds that substantial new evidence or proof of change to compliance with the applicable conditions is included in the resubmitted application.

The following conditions shall apply to all conditional uses:

a.

Prior to the granting of any conditional use, the Village Board may impose such conditions and restrictions upon the establishment, location, construction, maintenance, public health, safety and general welfare of the community, and to secure compliance with all standards and requirements. In all cases in which conditional uses are granted, the Village Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:

1.

Landscaping.

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.

Type of shore cover.

14.

Specified sewage disposal and water supply systems.

15.

Planting screens.

16.

Piers and docks.

17.

Increased parking.

18.

Or any other requirements necessary to fulfill purpose and intent of this chapter.

b.

The Plan Commission and the Village Board shall evaluate each application and may request assistance from any source, which can provide technical assistance. The Plan Commission and Village Board 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.

c.

No alteration of a conditional use shall be permitted unless approved by the Plan Commission and Village Board.

d.

After evaluating the application, and the recommendation of the Zoning and Planning Commission the Village Board may authorize the Zoning Administrator to issue a conditional use permit subject to the requirements of this chapter and any additional requirements it deems appropriate to comply with the intent of this chapter.

e.

Any conditional use authorized by the Village Board is conditioned upon the full and complete implementation of the plans and specifications submitted to the Plan Commission and the Village Board. In the event of a material change in the plans and specifications presented to and approved by the Plan Commission and the Village Board shall render the grant of a conditional use null and void. The Building Inspector shall not issue any building permit if the state approved building plans are not in substantial conformity with the plans and specifications submitted with the conditional use permit application.

Where the Village Board has approved or conditionally approved an application for a conditional use, such approval shall become null and void within twelve (12) months of the date of the 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 (6) months of the date of insurance and which shall not be renewed unless construction has commenced and is being diligently prosecuted.

a.

The Plan Commission 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 Building Inspector to order the removal or discontinuance of any unauthorized alterations of any violation of a condition imposed prior to or after approval or violation of any provision of this code. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that a violation of the conditional use permit has occurred.

b.

Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in s. 66.145 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Plan Commission may order that the subject conditional use be brought into compliance with the conditional use permit.

c.

Under circumstances in which the Plan Commission deems proper, the Plan Commission may recommend that the Village Board modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use.

d.

In the event that the subject property is not brought into conformance with the requirements of its conditional use permit, or that no reasonable modification of such conditional use can be made in order to assure that the standards in section 66.147 above, the Plan Commission may recommend to the Village Board that it revoke the subject conditional approval.

e.

Following any such hearing, the recommendation of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefore. The Village Board shall review the recommendation of the Commission within thirty (30) days and take whatever action it deems is warranted.

The permittee shall record the Conditional Use Permit with the Sauk County Register of Deeds and submit a copy of the recorded permit to the Zoning Administrator.

a.

In circumstances it deems appropriate, the Village Board may issue temporary conditional use permits. A temporary conditional use permit terminates upon the lapse of predetermined period of time or occurrence of a specified event. A temporary conditional use permit may not be issued for any use that is prohibited in the district.

b.

Application and processing. A property owner may apply for temporary permit following the same procedure required for a regular conditional use permit.

c.

Prior to the issuance of a temporary conditional use permit, the Plan Commission and the Village Board shall apply the standards set forth in the section 66.147 of this chapter.

In addition, the permit shall include the following:

1.

The expiration date and/or a future happening or event which results in the expiration of the temporary conditional use permit.

2.

The use, or uses, authorized by the permit.

3.

Any restrictions on modification or substitution of uses; including otherwise permitted uses.

4.

Conditions for renewal or extension on the temporary conditional use permit, or conversion to a full conditional use permit.

5.

Any condition, restrictions or requirements imposed upon the property or commercial activity.

6.

Any condition, restrictions or requirements imposed under the property in order to continue the temporary conditional use.

7.

Any modifications or improvements to the property required to obtain or continue the temporary conditional use.

8.

Whether the permit is transferable.

9.

Whether the owner is required to post a bond, irrevocable letter or credit or other security satisfactory to the Village Board, in the amount deemed sufficient to bring the property into conformity with the requirements of the this chapter, or any other relevant provision of the Village code.

d.

After approval of an application for a temporary conditional use permit, and as a requirement of issuance of the permit the owner shall enter a written agreement with the Village, approved by the Village Board, setting forth the terms and conditions arising from or related to the temporary conditional use permit. In appropriate circumstances, the Village Board may waive this requirement.

e.

Only uses specifically authorized by the temporary conditional use permit can utilized on the property.

f.

A temporary conditional use permit may be suspended or terminated for failure to comply with the terms and conditions of the permit or the agreement if applicable.

g.

When temporary conditional use permit expires or is surrendered or terminated, the owner shall bring the property into conformity with the regulations or the zoning district within thirty (30) days, or such other time period as ordered by the Village Board.

(Ordinance No. 12-003 Passed: 3/26/2012 Published: 4/7/2012)