The development and execution of this article 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, cannot be properly classified as unrestricted permitted uses in any particular district, 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 a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(Code 1986, § 10-1-60)

(a)

The village board, after a public hearing, shall, within a reasonable time, grant or deny any application for a conditional use. Prior to the granting of a conditional use, the village board shall make findings based upon the evidence presented that the standards herein prescribed are being complied with. The plan commission shall submit a recommendation to the village board prior to the hearing. The board may delegate authority to conduct the public hearing to the plan commission.

(b)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, interstate and controlled access traffic ways, and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The village board shall request such review and await the highway agency's recommendation for a period not to exceed 60 days before taking final action.

(c)

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

(d)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards, shall be required of all conditional uses.

(Code 1986, § 10-1-61)

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 or more of the conditional uses provided for this article in the zoning district in which such land is located.

(Code 1986, § 10-1-62)

(a)

Filing of application. An application for a conditional use shall be filed with the building inspector on a form prescribed by the village. The application shall be accompanied by such plans and other information as may be prescribed by the village, 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 section 62-394. The village may require such other information as may be necessary to determine and provide for an enforcement of this article, 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.

(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, plan commission, village engineer, building, plumbing, or health inspectors.

(4)

Fee receipt from the building inspector.

(Code 1986, § 10-1-63)

Upon receipt of the application and statement referred to in section 62-391, the village board or 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.

(Code 1986, § 10-1-64)

Notice of the time, place and purpose of such hearing shall be given by publication as a Class 2 notice under state law 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 100 feet of the boundaries of the properties affected, the notice to be sent at least ten days prior to the date of such public hearing.

(Code 1986, § 10-1-65)

No application for a conditional use shall be granted by the village board, unless such board shall find all of the following conditions are present:

(1)

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.

(2)

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.

(3)

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.

(4)

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

(5)

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.

(6)

That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.

(7)

That the proposed use does not violate floodplain regulations governing the site.

(8)

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

(9)

That in addition in passing upon a conditional use permit, the plan commission and village board shall also evaluate the effect of the proposed use upon:

a.

The maintenance of safe and healthful conditions.

b.

The prevention and control of water pollution including sedimentation.

c.

Existing topographic and drainage features and vegetative cover on the site.

d.

The location of the site with respect to floodplains and floodways of rivers and streams.

e.

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

f.

The location of the site with respect to existing or future access roads.

g.

The need of the proposed use for a shoreland location.

h.

Its compatibility with uses on adjacent land.

i.

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 1986, § 10-1-66)

(a)

When a conditional use application is denied, the village board shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate reasons the village board has used in determining that each standard was not met.

(b)

Village board shall be resubmitted for a period of one year from the date of the 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.

(Code 1986, § 10-1-67)

The following conditions shall apply to all conditional uses:

(1)

Prior to the granting of any conditional use, the village board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in section 62-394. 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:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

Any other requirements necessary to fulfill the purpose and intent of this chapter.

(2)

The village board shall evaluate each application and may request assistance from any source which can provide technical assistance. The village board or plan commission 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.

(3)

No alteration of a conditional use shall be permitted unless approved by the village board.

(Code 1986, § 10-1-68)

Where the village board 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 village 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.

(Code 1986, § 10-1-69)

The village board 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 village board shall initially determine whether the complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 62-394, a condition of approval of other requirement imposed hereunder. Upon reaching a positive initial determination a hearing shall be held upon notice as provided in section 62-393. 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 conditional use into compliance with the standards set forth in section 62-394 or conditions previously imposed by the village board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to ensure that section 62-394(1) and (2) will be met, the village board may revoke the subject 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 the current owner of the conditional use in writing stating the reasons therefor.

(Code 1986, § 10-1-70)

(a)

Conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residential districts pursuant to this article.

(b)

Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Bed and breakfast establishment means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.

(c)

State standards. Bed and breakfast establishments shall comply with the standards of Wis. Admin. Code ch. HSS 197.

(Code 1986, § 10-1-71)