(a)

Required. Uses listed as permitted by conditional grant may be permitted in the appropriate zoning district subject to the approval of the planning commission and to such conditions as deemed appropriate.

(b)

Basis for approval. The planning commission shall base their determination on the potential effect of such use on the health, general welfare, safety and economic impact of the Village of Pewaukee and the immediate neighborhood. Specific consideration shall be given to the proposed conditional use's effect on the movement of traffic, environment, area aesthetics, village services and precedent of future development. The planning commission may deny the conditional use grant request if it concludes, based upon the information submitted, that the proposed use and/or development would likely:

(1)

Materially endanger the public health, general welfare and safety; or

(2)

Substantially injure the value of adjoining or abutting property; or

(3)

Be inharmonious with the areas in which it is to be located; or

(4)

Will not be in general conformity with the master plan, or other officially adopted plans.

(Ord. No. 99-5, § 17.05(1)(a), (b), 5-4-1999)

Zoning regulations and standards established in this chapter may be modified or waived by the planning commission in their application to a permitted conditional use if in the commission's opinion such regulations and standards are not appropriate or necessary to the proper regulation of such use, and where such modification or waiver would not, in the commission's opinion, result in adverse effect upon the surrounding properties. If no modification or waiver is granted, the proposed use shall conform to the building location, floor area ratio, parking, landscaping, lot width, setback, offset, height, building size, lot size and open space regulations of the district in which it is located.

(Ord. No. 99-5, § 17.05(1)(c), 5-4-1999)

(a)

Petition. A request for a conditional use grant shall be submitted in writing to the of Village of Pewaukee clerk and it shall be accompanied by appropriate data, information and development plans of the proposed use, in accordance with section 40.155(a). The village clerk shall promptly refer such petition to the planning commission for determination.

(b)

Hearing. Upon referral of the petition, the planning commission shall hold an official public hearing thereon as soon as possible and in the manner provided in section 40.115.

(c)

Determination. Following public hearing and necessary investigation, the planning commission shall, as soon as practical, render its decision in writing and a copy shall be made a permanent part of the commission's records. Such decision shall include an accurate description of the approved use, the property description and all conditions applied to the approval. If the conditional use grant request is denied, the planning commission shall state their reasons for disapproval.

(d)

Mapping and recording. Where a conditional use grant is approved an official record of such conditional grant shall be prepared by the secretary of the planning commission on a prescribed form which shall include the description of the use for which the grant is given and all development plans and conditions attached thereto. A copy of the completed form shall be recorded at the Waukesha County Register of Deeds as a covenant on the title for the premises for which the conditional use was granted and also any conditions for which responsibility shall inure to a tenant shall be made a part of any lease agreement affecting the property.

(e)

Termination.

(1)

Where the planning commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the planning commission 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 pursued.

(2)

Where a permitted conditional use is discontinued for a period of 12 consecutive or 36 cumulative months, the conditional use grant shall automatically expire and any future use shall conform to the regulations of the district in which it is located.

(3)

Where an approved conditional use does not continue in conformity with the conditions of the original approval, or where there is a change in the nature and/or character of the permitted conditional use, the planning commission may require complete or partial termination of such use.

(f)

Application to existing uses.

(1)

A use which existed lawfully on a lot at the time such lot was placed in a district where such use would be permitted only as a conditional grant, shall automatically be granted conditional use status.

(2)

The grant of conditional use in such case shall be based upon the existing conditions at that time and any expansion in use shall require an amendment to the conditional use grant.

(3)

Petition may be made at any time for expansion or other change of the conditional use grant and such petition shall not prejudice the existing grant as authorized in this article.

(4)

Existing legal nonconforming uses may be reclassified to a conditional use subject to the provisions, procedures and requirements of this article.

(Ord. No. 99-5, § 17.05(2), 5-4-1999)

(a)

Standard requirement. Development plans of the proposed use shall be submitted for approval to the planning commission. Such plans shall be in sufficient detail to enable the commission to evaluate the suitability of architectural and landscape treatment; the proper siting of the building or buildings on the lot; generation of vehicular traffic and provision for parking and circulation needs; drainage and sewage disposal; exterior lighting; control devices where necessary to eliminate noise, dust, odor, smoke or other objectionable operating conditions; and the general compatibility of the proposed use with the area in which it is located.

(b)

Accessory uses and structures. Uses and structures accessory to the principal conditional use grant shall be regulated in accordance with the provisions of this article.

(Ord. No. 99-5, § 17.05(3), 5-4-1999)