(a)

Purpose. The plan commission may authorize the village clerk/treasurer to issue a conditional use permit for permitted conditional uses after review and a public hearing, provided that such conditional uses or structures are in accordance with the purpose and intent of this chapter and are found not to be hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the area.

(b)

Application. Applications for conditional use permits shall be made in duplicate to the village clerk/treasurer on forms provided by said office. Such applications shall be forwarded to the plan commission on receipt by the village clerk. Such applications shall include, where applicable:

(1)

Names and addresses. The 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. The 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)

Plat. The plat of survey prepared by a registered land surveyor showing all of the information required under section 135-30 for a building permit and existing and proposed landscaping.

(4)

Additional information. Additional information as may be required by the plan commission or other boards, commissions, or officers of the village.

(5)

Fee receipt. Fee receipt in an amount as established by the village board from time to time.

(c)

Review and approval.

(1)

Plan commission review. The plan commission shall review the site; existing and proposed structures and architectural plans; parking areas, driveway locations; highway access, traffic generation and circulation; drainage, sewerage and water systems; operation; conditions which will affect the maintenance of safe and healthful conditions, prevention and control of water pollution including sedimentation, the location of the site with respect to floodplains and the compatibility of the proposed use with the use of adjacent land.

(2)

Additional review conditions. Upon consideration of the factors listed above, the plan commission may require such conditions, in addition to those listed elsewhere in this chapter, as it deems necessary in furthering the purpose of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration: landscaping, type of construction, construction commencement and completion dates, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, increased setbacks and yards, type of shore cover, specified sewage disposal and water supply systems, planting screens, piers and docks, signs, or any other requirements necessary to fulfill the purpose and intent of this section.

(3)

Violations. Violation of any of these conditions shall be deemed a violation of this chapter.

(d)

Plans.

(1)

In order to secure information upon which to base its determination, the plan commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:

a.

A plan of the area showing contours, soil types, high water mark, groundwater conditions, bedrock, slope and vegetation cove;

b.

Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;

c.

Plans for buildings, sewage disposal facilities, water supply systems, and arrangements of operations;

d.

Specifications for areas of proposed fillings, grading, lagooning or dredging;

e.

Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter and section.

(2)

The plan commission in evaluating each application, may request assistance from other local, county, state or federal agencies.

(e)

Public hearings.

(1)

Hearing required. Public hearings on applications shall be held within one month by the plan commission.

(2)

Published notice and notification required.

a.

Class 1 notice. There shall be published a Class 1 notice as provided in Wis. Stats. ch. 985.

b.

Notification to property owner. The village clerk/treasurer shall notify all abutting or opposite property owners, as listed by the applicant in the original applications, of the time, date, and subject matter of the hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

(f)

Compliance. Compliance with all other provisions of this ordinance, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses except as modified by this section. Variances shall only be granted as provided in section 135-238.

(g)

Permits. No permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons including, but not limited to, smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.

(h)

Conditions for selected conditional uses.

(1)

Planned unit developments allowed. Planned unit developments (PUD) are permitted as conditional uses in all zoning districts except the conservancy district. PUD is intended to permit the development of planned developments containing not less than ten contiguous acres under one ownership or control.

(2)

Housing accommodations and land uses. Within such planned communities, the location of all residential, commercial, industrial and governmental uses, school sites, parks, playgrounds, recreation areas, parking areas and other open spaces shall be controlled in such a manner as to permit a variety of housing accommodations and land uses in orderly relationship to one another.

(3)

Permit procedures. The procedure for obtaining a permit for the development of a PUD shall be as outlined in section 135-102, except that the following requirements shall also apply:

a.

The applicant shall provide proof that the site under consideration contains a minimum land area of not less than ten acres under one ownership or control. Additional land area may be added to an existing PUD if it is adjacent or forms a logical addition to an existing PUD. The procedure for an addition shall be the same as if an original application were filed, and all of the requirements of this article shall apply except the minimum acreage requirement of ten acres.

b.

The applicant shall furnish with his application for a conditional use permit 15 copies of a preliminary plan, prepared or certified by a surveyor or engineer showing the proposed general layout, the general location of the various types of land uses, the proposed densities of population in residential areas, a major thoroughfare plan, a public utility plan if public utilities are proposed or required, a storm drainage plan and a plan showing the location of recreation spaces, parks, schools, and other public or community uses.

c.

Following approval by the plan commission and village board of a preliminary plan, the applicant shall furnish 15 copies of a final plan of any section of not less than four acres of the land shown on the preliminary plan, prepared or certified by a surveyor or engineer duly authorized by the state to practice as such, showing the layout of areas, pedestrian ways, utility easements, lot lines, open spaces, parks, recreation areas, school sites, playgrounds, the proposed use of all buildings and the metes and bounds of all dedicated areas and lots.

1.

The applicant shall also furnish a proposed deed of dedication including restrictions safeguarding the use of open spaces and preventing encroachment upon open spaces between buildings.

2.

The applicant shall furnish a deed, to land determined by the village to be needed for public elementary and intermediate school purposes.

d.

When the final plan and deed of dedication shall have been approved by the plan commission and village board as being in conformity with this section and with any changes or requirements of the plan commission and village board on the preliminary plan, it shall be approved for recordation and recorded. Thereafter, no modification may be made in any final plan except by an amended final plan submitted as provided for the original plan.

e.

In granting a permit for the development of PUD, the plan commission and village board shall make the following determinations:

1.

That the overall population density shown on the PUD plan for residential and associated industrial and commercial uses shall not exceed an average density of 11 persons per acre. In computing population density, a factor of 3.7 persons shall be used per one-family dwelling, three persons per garden-type apartment unit or townhouse and 1.5 persons per high rise apartment unit.

2.

That a maximum of three residential density areas are shown on the PUD plan. Such density areas shall be designated low, medium and high.

(i)

The population density within a low density area shall not exceed 3.8 persons per acre of gross residential area.

(ii)

The population density within a medium density area shall not exceed 14 persons per acre of gross residential area.

(iii)

The population density within a high density area shall not exceed 60 persons per acre of gross residential area.

3.

That in computing average density on any final plan of a part of a PUD, which at the time of its creation, was under one ownership or control, any excess in land area over that required to support an average density of 13 persons per acre of gross residential area in any final plan previously recorded may be included. In other words, as each successive final plan is submitted, the overall density of all areas shown on recorded final plans within the proposed PUD as approved by the plan commission and village board shall be recomputed so that the average population density of the developed areas within the recorded sections of the PUD shall never at any time in the history of the development exceed a density of 13 persons per acre.

4.

That the uses shall be as shown on the preliminary plans.

5.

That the location of all structures and designated building envelopes shall be as shown on final plans. Building envelopes must be protected by adequate covenants running with the land, conveyances, or dedications.

6.

The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent dwellings or to the existing or prospective development of the neighborhood.

(i)

Open spaces between structures shall be protected where necessary by adequate covenants running with the land, conveyances or dedications.

(ii)

There shall be no minimum lot size, no minimum setback lines, no maximum percentage of lot coverage, and no minimum lot width in the PUD. However, every single-family dwelling shall have access to a public street, court, walkway or other area dedicated to public use and no single-family dwelling (except a townhouse or semi-detached dwelling) and no addition to any single-family dwelling shall be erected within a distance of less than 16 feet from any other single-family dwelling.

7.

That the owner has bonded himself and his contractor to make the required improvement within a reasonable length of time.

(4)

Non-farm residential uses in agricultural district. In granting a conditional use permit for non-farm residential uses in the agricultural district, the plan commission shall make the following determinations:

a.

That the proposed residential uses will not adversely affect agricultural operations in surrounding areas or be so situated that future inhabitants of such residences might be adversely affected by agricultural operations in surrounding areas;

b.

That the site of the proposed residential uses is not well suited for agricultural use by virtue of wooded areas, topography, shape of parcel, soil characteristics, and similar factors;

c.

That the site proposed for residential use is particularly well suited for such use as indicated by rolling topography, wooded areas, soil types, vistas, proximity to lakes or streams or other similar factors, proximity to school bus routes, traffic access and egress, established transportation routes, and adequacy of area schools to accommodate increased enrollment that might result from such development.

(5)

Mineral extraction (quarrying). Applications requesting plan commission approval of a proposed quarrying activity shall be accompanied by:

a.

A description of all phases of the contemplated operation including types of machinery and equipment which will or might be necessary to carry on the operation. Where the operation is to include sand and gravel washing, the estimated daily quantity of water required, its source and its disposition shall be identified.

b.

A legal description of the proposed site.

c.

A topographic map (at a minimum contour interval of five feet) of the proposed site and the area extending beyond the site to a minimum distance of 300 feet on all sides.

d.

A restoration plan as hereinafter required.

e.

Consideration of compatibility: in reviewing a proposal for a quarrying activity, the plan commission shall take into consideration:

1.

The effect of the proposed operation on drainage and water supply, particularly in connection with sand and gravel washing.

2.

The possibility of soil erosion as a result of the proposed operation.

3.

The most suitable land use for the area, and its effect on the land use in adjacent areas.

f.

Restoration plan and financial guarantee required.

1.

Plan commission approval. No grant to carry on a quarrying operation shall be given until the plan commission approves a restoration plan and the owner agrees to restore the quarried area to a condition of practical usefulness and reasonable physical attractiveness as provided in the conditional use permit or within six months after the quarrying operations have ceased.

2.

Owner to provide financial guarantee. The owner shall provide sufficient financial guarantee to secure the performance of the restoration agreement.

3.

Forms approved by village attorney. The agreement and financial guarantee shall be in a form approved by the village attorney.

g.

Conditions for approval. The plan commission may set forth conditions regarding appropriate setback and other dimensional requirements, particularly with reference to avoiding a nuisance effect on surrounding residential uses. Suitable fencing and landscaping may be required.

h.

Operation shall not be effective for more than five years. Authorization may be extended for three additional years, subject to conditions specified by the plan commission.

(Code 1999, § 18.37)