No use of buildings or premises classified as conditional use in this chapter shall be undertaken, extended, changed or continued, except upon recommendation by the Plan Commission and approval by the Village Board. The Plan Commission may authorize the Building Inspector to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.

(1)

PRELIMINARY CONSULTATION. A petitioner may meet with the Plan Commission for a preliminary consultation prior to submitting a conditional use application. The purpose of this preliminary consultation is to review and discuss the proposed request.

(2)

APPLICATION. A request for conditional use shall be submitted in writing to the Village Clerk at least one week before regularly scheduled Plan Commission meeting. The Village Clerk shall promptly refer such petition to the Plan Commission for determination. The application shall be accompanied by the appropriate fee as noted in §17.91.

(3)

SUPPLEMENTAL DATA AND SITE PLAN. The conditional use applications shall include and be accompanied by the following information:

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

(b)

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; hours of operation and the zoning district within which the subject site lies.

(c)

A site plan showing all of the relevant information required in §17.30 under the site plan requirements.

(d)

Additional information as may be required by the Village Plan Commission, Village Engineer or Building Inspector.

(4)

HEARING. (Am. #212) After receipt of the application form and all additional information, the Plan Commission shall advertise a public hearing on the request as soon as practical provided, however, that no such hearing shall be advertised or held until all data and information is on file with the Plan Commission and available for public inspection.

(1)

REVIEW. the Plan Commission shall review the site, existing and proposed structure, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation.

(2)

DETERMINATION. After study and review of the necessary data, the Plan Commission shall hold a public hearing. The Plan Commission shall render its decision in writing no later than 90 days from the date of the public hearing. Any further consideration of the petition beyond the 90 day period shall be preceded by another public hearing on the petition.

(3)

FACTORS TO BE CONSIDERED.

(a)

The Plan Commission shall base its determination on the effect of such grant on the health, safety and welfare of the community and of the immediate neighborhood in which such use would be located, including such considerations as compatibility with existing uses; problems of fire and police protection; traffic movement and control, water, sanitation and utilities; impact, aesthetically or otherwise, on surrounding property values; noise; dust; smoke; odor; and such other factors appropriate to the granting of a conditional use.

(b)

The Plan Commission's decision shall include an accurate description of the use permitted or the property on which permitted and any and all conditions made applicable thereto or, if disapproved, shall indicate the reasons for disapproval. All papers in the matter shall become permanent Commission records.

(4)

APPROVAL OF THE VILLAGE BOARD. Every conditional use decision rendered by the Plan Commission, whether granting the conditional use or denying it, shall be placed upon the agenda for the next regularly scheduled Village Board meeting. The Village Board shall approve, reject or refer back to the Plan Commission with appropriate instructions. This procedure is not an appeal and the Village Board's approval shall be on the record. However, the Village Board may allow time for parties to present oral or written arguments. The decision of the Village Board shall be final and the applicant will be deemed to have exhausted his administrative remedy upon the decision.

(1)

STANDARD REQUIREMENTS. Except as may be specifically permitted, a conditional use shall comply with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic and highway access. Variances shall be granted only as provided in §17.88(4).

(2)

CONDITIONS. Conditions, such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational 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.

(3)

MODIFICATION OF REGULATIONS. Requirements applicable to uses permitted by right or as accessory uses in any district by the regulations of this chapter may be modified or waived by the Plan Commission in their application to a conditional use if, in the Commission's opinion, they are not appropriate or necessary to the proper regulation of this conditional use and where such modification or waiver would not, in the Commission's opinion, have an adverse effect upon the surrounding properties.

(4)

ACCESSORY USES AND STRUCTURES. Uses and structures accessory to a principal conditional use shall be subject to appropriate regulation in the same manner as set forth for the principal conditional use.

(5)

STANDARD CONDITIONAL USE CONDITIONS. (Cr. #223) The standard conditions listed below are automatically incorporated into the terms of a Conditional Use Permit issued under this section, unless otherwise stated in the Conditional Use Permit.

(a)

Any use not specifically listed as permitted shall be considered to be prohibited. In case of a question as to the classification of use, the question shall be submitted to the Village Plan Commission for determination.

(b)

No use is hereby authorized unless the use is conducted in a lawful, orderly and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, the County of Waukesha, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. A Conditional Use Permit shall not be deemed to constitute a building permit, nor shall the order constitute any other license or permit required by Village ordinance or other law.

(c)

The conditional use authorized shall be confined to the subject property described, without extension or expansion, and shall not vary from the purposes mentioned unless expressly authorized in writing by the Village Plan Commission as being in compliance with all pertinent ordinances.

(d)

All buildings and grounds shall be maintained in a neat, attractive and orderly way.

(e)

The property for which a conditional use is granted shall comply with all rules and regulations of the Village of Nashotah and the Village Fire Department, including submission to routine inspections by Village and Fire Department staff.

(f)

The site shall meet all Village storm water requirements and gain stormwater management plan approval from the Village Engineer prior to the execution of the Conditional Use Permit, if said site meets the applicability criteria found in Chapter 23 of the Village Code.

(g)

Should the permitted conditional use be abandoned in any manner, or discontinued in use for 12 months, or continued other than in strict conformity with the conditions of the original approval, or should the petitioner be delinquent in payment of any monies due and owing to Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Village Plan Commission, pursuant to the enforcement provisions of the Conditional Use order, and all applicable ordinances.

(h)

Any change, addition, modification, alteration and/or amendment of any aspect of a conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises (including but not limited to any change to the boundary limits of the subject property), structures, lands or owners, other than as specifically authorized herein, shall require a new permit and all procedures in place at the time must be followed.

(i)

Unless a conditional use permit expressly states otherwise, plans that are specifically required by a conditional use order may be amended upon the prior approval of the Village Plan Commission if the Village Plan Commission finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Village Plan Commission feels, in its sole discretion, to be substantial shall require a new permit, and all procedures in place at the time must be followed.

(j)

Petitioner and Owner Agreement. As a condition precedent to the issuance of the conditional use permit, the owner of the Subject Property shall approve the issuance of the conditional use permit upon the terms and conditions described herein in writing, and the Petitioner is required to accept the terms and conditions of the same in its entirety in writing.

(k)

Professional fees. Property owner shall, on demand, reimburse the Village for all costs and expenses of any type that the Village incurs in connection with an application, including the cost of professional services incurred by the Village (including engineering, legal, planning and other consulting fees) for the review and preparation of the necessary documents or attendance at meetings or other related professional services for an application, as well as for any actions the Village is required to take to enforce the conditions in a conditional use approval due to a violation of stated conditions.

(l)

Payment of charges. Any unpaid bills owed to the Village by the Subject Property Owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Village; shall be placed upon the tax roll for the Subject Property if not paid within 30 days of billing by the Village, pursuant to §66.0627, Wis. Stats. Such unpaid bills also constitute a breach of the requirements of a conditional approval that is subject to all remedies available to the Village, including possible cause for termination of this approval.

(m)

Current Address. The Petitioner is obligated to file with the Village Clerk a current mailing address and current phone number at which the Petitioner can be reached, which must be continually updated by the Petitioner if such contact information should change, for the duration of a conditional use. If the Petitioner fails to maintain such current contact information, the Petitioner thereby automatically waives notice of any proceedings that may be commenced under the conditional approval, including proceedings to terminate the conditional use.

(n)

Conditions Shown in Minutes Incorporated. All conditions of approval imposed by duly adopted motion of the Village Board in its consideration of the Petitioner's application, as noted in the Minutes of the Village Board meeting at which approval was granted, shall be specifically incorporated into a Conditional Use Permit.

(o)

Should any paragraph or phrase of a conditional use permit be determined by a Court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use and the remainder shall continue in full force and effect.

(p)

If any aspect of a conditional use permit or any aspect of any plan contemplated and approved under a conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Village Plan Commission.

(6)

PERFORMANCE STANDARDS. (Cr. #223)

(a)

It is the intent of this Section to describe performance standards for the regulation of uses and to establish an objective and equitable basis for control and to help ensure that the community is adequately protected from potential hazardous and nuisance-like effects. These performance standards are designed to limit, restrict, and prohibit the effects of those uses outside their premises or zoning district. In addition, these performance standards are intended to comply with other applicable local, state and federal codes and standards. All structures, lands, air and water shall hereafter comply with the following performance standards.

(b)

Control of Odors No operation or activity shall emit any substance or combination of substances in such quantities that create an objectionable odor. The Plan Commission reserves the right to request an odor control plan from the applicant to identify potential odors and implement recommendations from the plan.

(c)

Control of Fire and Explosive Hazards:

1.

All uses involving the manufacturing, utilization, processing, or storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate firefighting and fire suppression equipment and devices as may be required by the Fire Prevention Code.

2.

All materials that range from active to intense burning shall be manufactured, utilized, processed, and stored only in completely enclosed buildings which have noncombustible exterior walls and an automatic fire extinguishing system.

3.

The storage of fuels and other materials that produce flammable or explosive vapors shall be permitted only after review and approval by the Village of Nashotah Fire Department and in accord with their requirements to minimize fire and explosive hazards.

(d)

Glare, Heat and External Lighting:

1.

No operation or activity shall produce any intense lighting, glare or heat with the source directly visible beyond the boundary of the property line. Operations producing light, glare, or heat shall be conducted within an enclosed building.

2.

External lighting shall be shielded so that light rays do not adversely affect adjacent uses. Light intensity shall be no greater than 0.2 foot-candles at the lot line.

3.

Lighting fixtures shall be cut-off type fixtures.

(e)

Water Quality Standards:

1.

No activity shall locate, store, or permit the discharge of any treated, untreated, or inadequately treated liquid, gaseous, or solid materials of such nature, quantity, obnoxiousness, toxicity or temperature that might runoff, seep, percolate, or wash into surface or subsurface waters so as to contaminate, pollute or harm such waters or cause nuisances such as objectionable shore deposits, floating or submerged debris, oil or scum, color, odor, taste or unsightliness, or be harmful to human, animal, plant, or aquatic life.

2.

No activity shall withdraw water or discharge any liquid or solid materials so as to exceed or contribute toward exceeding the minimum standards and those other standards and the application of those standards set forth in Wis. Adm. Code NR 102 or in other applicable Chapters which regulate water quality.

(f)

Noise. No operation or activity shall transmit any noise beyond the boundaries of the property so that it becomes a public nuisance.

(g)

Vibration:

1.

No operation or activity shall transmit any physical vibration that is above the vibration perception threshold of an individual at or beyond the property line of the source. Vibration perception threshold means the minimum ground- or structure-borne vibrational motion necessary to cause a reasonable person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

2.

Vibrations not directly under the control of the property user and vibrations from temporary construction or maintenance activities shall be exempt from the above standard.

(h)

Traffic Impact:

1.

The Plan Commission reserves the right to require a traffic impact study in order to identify impacts to adjacent properties, roadways and street and off-street parking and to identify improvements or actions required to minimize or eliminate impacts. No use shall be approved unless the applicant implements the conclusions and recommendations of the study unless otherwise approved by the Plan Commission. The traffic study shall be prepared by a registered professional engineer in accordance with the following standards:

• Manual on Transportation Studies (Institute of Transportation Engineers (ITE))

• Traffic Impact Analysis Guidelines (Wisconsin Department of Transportation)

• Manual on Uniform Traffic Control Devices (Federal Highway Administration)

• Trip Generation Manual (Institute of Transportation Engineers)

• Other local, county or state standards

Where a permitted conditional use is abandoned or does not continue in conformity with the conditions of the original approval, where a change in the character of the surrounding area or of the use itself cause it to be no longer compatible with surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional grant may be terminated by action of the Village Board following referral to the Plan Commission for recommendation and public hearing. Such use shall be classified as legal nonconforming use, except that where the action is due to failure to comply with the conditions of a conditional grant, the Village Board may require complete termination of such use.

When a conditional use is approved, the building, occupancy and zoning permits shall be appropriately noted and such grant so described. Indication of such grant shall also be made on the official zoning map by appropriate code number or symbol.

The following uses may be permitted as conditional uses in the district specified.

(1)

LEGAL NONCONFORMING USES. (Am. #183) In any district. See §17.82.

(2)

PUBLIC AND SEMI-PUBLIC USES. (Rep. & recr. #183) The following public and semi-public uses shall be conditional uses and may be permitted as specified:

(a)

Governmental and cultural uses, such as fire and police stations, community centers libraries, public emergency shelters, parks, playgrounds and museums in all Residential, Business, Industrial and Park/Public Districts.

(b)

Utilities in all districts, provided all principal structures and uses are not less than 50 feet from any Residential District lot line.

(c)

Pre-school, elementary and day care facilities in an existing or new building in the B-1 Central Business District and B-2 General Business District. (Rep. & recr. #223)

1.

Standards Under Which the Use is Permitted:

(a)

All standards in 17.63 (5) and (6) are met.

(b)

A plan of operation shall be submitted with the application that describes the number of employees, number of students, ages/grades of students, and hours of operation; exterior lighting plan, and landscape plan shall be submitted together with such other information as may be requested by the Plan Commission for review and approval as part of the conditional use application process provided, however, that the school may not operate before six am or later than ten pm Monday through Saturday or before eight am or later than nine pm on Sunday.

(c)

All outdoor activities shall be stated in the application. Indoor or outdoor special events, or uses that are not set forth in the application shall require Plan Commission approval. Application for special events shall be submitted to the Village Clerk in accordance with the normal Plan Commission application deadline. Any activity which violates the standards in 17.63 (5) or (6) shall not be allowed.

(d)

The lot area and yard setbacks of all buildings shall meet the requirements of the underlying zoning district.

(e)

Parking requirements of Section 17.20 are met.

(f)

The application shall clearly state the school bus drop-off times, pick-up times and location for approval by the Plan Commission.

(g)

Space for bus accommodation is provided and does not negatively affect traffic circulation or parking on adjacent streets. Applicant shall demonstrate that adequate pick-up and drop off queue accommodation is provided as well as sufficient space for bus circulation and staging. The Plan Commission shall consider the impact of busses as it pertains to the overall safety and operation of the requested use.

(h)

Applicant shall demonstrate the availability of adequate public and emergency vehicle (e.g. fire, EMS, police) access.

(i)

Property is connected to public sanitary sewer and a water system sufficient for the proposed use is available.

(j)

Sufficient space is provided for outdoor activities and safety precautions have been provided to assure the safety of the users.

(k)

New buildings shall consist of quality materials such as brick, wood, stone, decorative concrete block and glass. The Plan Commission may allow the use of metal building components and exterior finish insulation systems (EFIS) if it is incidental to the primary building architecture or screened from public view. Metal siding shall not be permitted. Pitched roof shall be 4:12 or steeper. Color scheme for the buildings shall be shown on the plans and samples submitted to the Plan Commission for approval. Colors that are out of character with the surrounding developments and residential areas shall be prohibited.

(l)

No lighting installations shall be permitted which create a hazard to traffic or nuisance to surrounding property.

(d)

Kennels in the Agricultural District, provided that, except for animal hospitals, no such use shall be permitted on a lot of less than 5 acres. A buffer area shall be provided between dog pens and all adjoining lands to remove the impact of the kennel operation on adjoining lands.

(e)

Riding academies or commercial stables in all districts, including agricultural, subject to the following:

1.

No building use shall be permitted on a lot less than 7½ acres in area.

2.

No building, other than one used only for residential purposes, shall be closer than 75 feet to the lot line of an adjoining lot in a Residential District, except as set forth below.

3.

Off-street parking shall be provided as required by the Plan Commission adequate to meet the particular needs of the proposed use.

4.

No such permitted use shall include the operation of a facility, such as a bar or restaurant, except as may be specifically authorized in the grant or permit.

The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

(1)

PUD as shown in §17.31.

(2)

Rest homes, nursing homes, homes for the aged and clinics in any Park/Public District.

(3)

Temporary model home and sales office in any Residential District, subject to the following:

(a)

No such use shall be permitted on a permanent basis. A specific time period shall be established for each temporary model home sales office. After expiration, reestablishment of the conditional use shall require another petition, public hearing and grant of approval.

(b)

The following elements of operation shall be subject to Plan Commission review and approval:

1.

Hours of operation.

2.

Number, size and location of advertising signs.

3.

Type and location of all other advertising media, including floodlighting.

4.

Parking facilities.

5.

Type of sales.

(4)

Solar energy collection devices and solar panels in all districts.

A.

BOAT SALES, SERVICE, STORAGE AND REPAIRS. (Rep. & recr. #208) Boat sales, service, storage and repairs shall be conditional uses and may be permitted in the B-1 and less restrictive districts, subject to the following conditions:

(1)

Boats, Etc., to be Serviced in Enclosed Building. Boats, boat motors and marine-related equipment must be serviced within a totally enclosed building in B-1 Districts.

(2)

Outdoor Storage.

(a)

Area shall be enclosed by a solid fence or evergreen planting screen completely preventing a view from any other property or public right-of-way erected and maintained by owner of site and shall be of a type to prevent vandalism of the area.

(b)

Area shall be used only for storage of boats and marine-related equipment.

(c)

Area shall have hard surface to minimize hazard of grass fires.

(d)

Owner of site shall be responsible for weed control.

(3)

Permission of Plan Commission and Village Board Required. No other type of motors shall be serviced within the building in B-1 Districts, unless specific permission for same is granted by the Plan Commission and Village Board.

(4)

Recommendations of Fire Inspector. Recommendations of Fire Inspector for property shall be promptly complied with by owner of site.

(5)

Marinas. Marinas are excluded from this section.

(6)

Other Restrictions. The Plan Commission shall have the power to impose such other restrictions as it deems necessary in each individual case.

B.

LIQUOR STORES. (Rep. & recr. #183) Liquor stores shall be conditional uses and may be permitted in B-1 district.

C.

RECREATIONAL, SNOWMOBILE AND ALL-TERRAIN VEHICLE STORAGE. (Cr. #225) Facilities for storage of recreational, snowmobile, all-terrain vehicles, passenger automobiles and passenger trucks shall be conditional uses and may be permitted in the B-2 district, subject to the following conditions:

(1)

All vehicles shall be stored in an enclosed building.

(2)

No outdoor parking of vehicles or trailers shall be allowed for periods longer than 6 hours.

(3)

Trailers for snowmobiles and all-terrain vehicles shall be stored in an enclosed building.

(4)

The storage facility shall not allow or be used for repair or servicing, except servicing of boats may be allowed if the storage facility is also granted a conditional use permit per Section 17.68.A, above.

(5)

No commercial truck parking shall be allowed in the facility.

(6)

The facility shall be inspected by the Fire Department and any violations addressed prior to occupancy.

(7)

The Plan Commission may impose other restrictions as it deems necessary based on the proposed plan of operation and site plan submitted for consideration.

(1)

The following public and semi-public recreational facilities shall be conditional uses in any district and may be permitted as specified provided that the lot area is not less than one acre and all structures are not less than 40 feet from any lot line: archery ranges, conservatories, driving ranges, golf courses with country club facilities, gymnasiums, music halls, museums, riding academies, swimming pools and zoological and botanical gardens.

(2)

Commercial recreation facilities, such as, miniature golf and skating rinks are conditional uses and may be permitted in the B-1 or B-2 Business Districts.

The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:

(1)

Animal hospitals in the B-2 Business and A-1 Agricultural Districts, provided all principal structures and uses are not less than 100 feet from any residential use.

(2)

Recycling and transfer stations and incinerators in conjunction with a business in the M-1 Industrial District.

(3)

Manufacturing and storage of building materials in the M-1 Industrial District. Cold storage, warehouses and electroplating in any Industrial District.

An event venue in an existing converted school building which is rented to third parties for events (i.e. weddings, fundraisers, meetings/conferences, birthday celebrations, anniversaries, sports, and similar uses) shall be a conditional use in the B-2 District subject to the following minimum requirements and conditions:

(1)

The Event Venue site plan and plan of operation shall be submitted to the Village, on Village forms and is subject to approval of the Village Plan Commission.

(2)

The Event Venue is deemed a public place and applicants must abide with state alcoholic beverage laws. No "sales", as defined by the State of Wisconsin Department of Revenue, of alcoholic beverages may be made unless the appropriate license has been obtained. Examples of when a license would be required include, but are not limited to: 1) Beer/liquor is served with a meal for which a charge is made; 2) Beer/liquor is sold; 3) A charge is made directly, or indirectly for beer/liquor; 4) A charge is made for admittance to the affair, even if the dinner and/or beer/liquor is free; 5) Events where there is a contribution to attend; 6) Events that are open to the public, even if the beer/liquor is free.

(3)

Only one event may take place at one time on the Event Venue premises.

(4)

Food for an event at the Event Venue shall only be prepared and served as allowed by Waukesha County and State of Wisconsin requirements and regulations.

(5)

A maximum of 200 people at one time shall be allowed on the Event Venue premises and that 200 people shall include all uses.

(6)

No Event Venue use shall be allowed on any parcel except as may front or abut directly upon an arterial or collector street.

(7)

No such Event Venue use shall be permitted unless served by a private onsite waste system and a private on-site well, a municipal sewer system and municipal water system, or a combination of a private system and municipal system. No Event Venue use shall be allowed on portable water and/or sewage disposal units.

(8)

There are no minimum on-site parking requirements for an Event Venue but all other uses on the property must meet parking requirements of this code.

(9)

Sound generated from the Event Venue shall not exceed 50 decibels at the Event Venue property line. The Village Board may prohibit sound being piped, amplified or permitted outside of an Event Venue building and/or structure if the sound level becomes an issue.

(10)

The Event Venue operators shall comply with any and all recommendations of the Village Building Inspector (or designee), Fire Department Chief (or designee), and the Police Chief (or designee) for the subject property.

(11)

For each event that will use the Event Venue, the property owner shall file a completed Venue Request Form, as approved by the Village, with the Village Clerk either in hard copy or electronically 72 hours prior to the start of the event unless a shorter time is approved on a case by case basis, by the Village Clerk.

(12)

The term "Event Venue" does not apply to private clubs, private commercial recreational facilities, theaters, dance halls and other amusement places, and restaurants.

(13)

Events can only be held between the hours of 7:00 a.m. and midnight. Guests of the event must vacate the building by midnight.