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 restricted 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 of 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 1998, § 106-841; Ord. No. 97-11, § 13-1-60, 11-3-1997)

(a)

The plan commission may authorize the zoning administrator to issue a conditional use permit for conditional use after review and public hearing, provided that such conditional use and involved structure are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. Prior to the granting of a conditional use, the commission shall make findings based upon the evidence presented that the standards prescribed in this article are being complied with.

(b)

Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, and within one-half mile 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 trafficway. The plan commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 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 plan commission 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 1998, § 106-842; Ord. No. 97-11, § 13-1-61, 11-3-1997)

Any person having a freehold interest or a possessory interest entitled to exclusive possession or a contractual interest that may become a freehold interest or an exclusive possessory interest and that 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 in the zoning district in which such land is located.

(Code 1998, § 106-843; Ord. No. 97-11, § 13-1-62, 11-3-1997)

(a)

Required materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the village. Such applications shall be forwarded to the plan commission on receipt by the zoning administrator. Such applications shall include, where applicable:

(1)

A statement, in writing, by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in this article;

(2)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet;

(3)

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;

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping;

(5)

Additional information as may be required by the plan commission or other boards, commissions or officers of the village. The plan commission may require such other information as may be necessary to determine and provide for enforcement of this chapter, 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)

Fees. Applications for conditional use permits shall be accompanied by payment of a conditional use permit fee as specified in section 133-45.

(c)

Plans. In order to secure information upon which to base its determination, the plan commission shall require the applicant to furnish, in addition to the information required for a building permit, 30 copies of a plan. Plans submitted under this section shall include a minimum of five plan sets of full-scale plan sheets with sufficient detail to provide all required dimensions and other pertinent information. The remaining plan sets may be reductions printed on 17 inch by 11 inch sheets. The plans shall show the following:

(1)

Plan showing the contours, soil types, high water mark, groundwater conditions, bedrock, slope and vegetation cover;

(2)

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

(3)

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

(4)

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

(5)

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

(Code 1998, § 106-844; Ord. No. 97-11, § 13-1-63, 11-3-1997; Ord. No. 99-10, § 7, 6-21-1999)

All requests for conditional uses shall be to the plan commission or the plan commission can, on its own motion, apply for a conditional use permit when applications for rezoning come before it. Nothing in this chapter shall prohibit the village board, on its own motion, from referring the request for conditional use to the plan commission. Upon receipt of the application and statement referred to in section 133-45, 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 commission. The hearing shall be conducted and a record of the proceedings shall be presented in such a manner and according to such procedures as the plan commission shall, by rule, prescribe from time to time.

(Code 1998, § 106-845; Ord. No. 97-11, § 13-1-64, 11-3-1997)

Notice of the time, place, and purpose of the hearing provided for in section 133-934 shall be given by publication of a class 2 notice under state law in the official village newspaper. Notice of the time, place, and purpose of such public hearing shall also be sent to the applicant, the zoning administrator, members of the village board and plan commission, and the owners of record as listed in the office of the village assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected. The notice shall be sent at least five days prior to the date of such public hearing. Failure to comply with this section shall not, however, invalidate any previous or subsequent action on the application.

(Code 1998, § 106-846; Ord. No. 97-11, § 13-1-65, 11-3-1997)

No application for a conditional use shall be approved by the plan commission or granted by the village board on appeal unless such commission and board shall find that the following conditions are present:

(1)

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)

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)

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)

Adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided;

(5)

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)

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

(7)

The proposed use does not violate floodplain regulations governing the site;

(8)

When applying the standards in subsections (1) through (7) of this section to any new construction of a building or an addition to an existing building, the plan commission and 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 purposes and objective of the zoning district;

(9)

In addition to passing upon a conditional use permit, the plan commission and 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.

Its compatibility with uses on adjacent land;

h.

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

(Code 1998, § 106-847; Ord. No. 97-11, § 13-1-66, 11-3-1997)

When a decision of denial of a conditional use application is made, the plan commission shall furnish the applicant, in writing when so requested, those standards that are not met and shall enumerate reasons the commission has used in determining that each standard was not met.

(Code 1998, § 106-848; Ord. No. 97-11, § 13-1-67, 11-3-1997)

Any action of the plan commission in granting or denying a conditional use permit may be appealed to the village board, if a written request for an appeal is filed within ten days after the date of the plan commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20 percent of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. The request shall be filed with the zoning administrator who shall submit it to the village board at its next meeting, together with any documents and other data used by the plan commission in reaching its decision. The village board may consider the matter forthwith, may refer the matter to a subsequent meeting, or may set a date for a public hearing thereon. If the village board elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a class 1 notice in the official newspaper at least ten days before the date of the hearing. The village board may either affirm or reverse in whole or in part the action of the plan commission and may finally grant or deny the application for a conditional use permit.

(Code 1998, § 106-849; Ord. No. 97-11, § 13-1-68, 11-3-1997)

The following shall apply to all conditional uses:

(1)

Conditions. Prior to the granting of any conditional use, the plan commission, or the village board on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety, and general welfare of the community and to secure compliance with the standards and requirements specified in section 133-936. When conditional uses are granted, the 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, the following:

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)

Site review. In making its decision, the plan commission shall evaluate each application and may request assistance from any source that can provide technical assistance. The commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewer and water systems, and the proposed operation/use.

(3)

Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the plan commission.

(4)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the plan commission may require the use of certain general types of exterior construction materials and architectural treatment.

(5)

Sloped sites; unsuitable soils. Where slopes exceed six percent or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests or construction plans shall be provided that clearly indicate that the soil conditions are adequate to accommodate the development contemplated or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.

(6)

Compliance with other requirements. Conditional uses shall comply with all other sections of this chapter, such as lot width and area, yards, height, parking, and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards, or possibility of accident.

(Code 1998, § 106-850; Ord. No. 97-11, § 13-1-69, 11-3-1997)

Where the plan commission has approved or conditionally approved an application for a conditional use permit, such approval shall become null and void within 12 months of the date of the commission'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. Approximately 45 days prior to the automatic revocation of such permit, the zoning administrator shall notify the holder by certified mail of such revocation. The plan commission may extend such permit for a period of 90 days for justifiable cause, if application is made to the village at least 30 days before the expiration of the permit.

(Code 1998, § 106-851; Ord. No. 97-11, § 13-1-70, 11-3-1997)

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 zoning administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other section of this chapter. Upon written complaint by any citizen or official, the plan commission shall initially determine whether the complaint indicates a reasonable probability that the subject conditional use is in violation of one or more of the standards set forth in section 133-936, a condition of approval, or other requirement imposed thereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in section 133-935. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The plan commission may, in order to bring the subject conditional use into compliance with the standards set forth in section 133-936 or conditions previously imposed by the plan commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to forfeiture as set forth in this chapter and section 1-32. If no reasonable modification of such conditional use can be made in order to ensure that standards in subsections 133-936(1) and (2) will be met, the plan commission may revoke the subject conditional approval and direct the zoning administrator and the village attorney to seek elimination of the subject use. Following any such hearing, the decision of the plan commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the plan commission under this section may be taken to the village board.

(Code 1998, § 106-852; Ord. No. 97-11, § 13-1-71, 11-3-1997)

(a)

Considered as conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to the requirements of this article.

(b)

Definitions. 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:

Agent means the person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing with the zoning administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.

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

(c)

Compliance with state standards. All bed and breakfast establishments and licensees shall be subject to and shall comply with Wis. Admin. Code ch. HFS 197, relating to bed and breakfast establishments or Wis. Admin. Code ch. HFS 195 relating to hotels, motels and tourist roominghouses.

(d)

Registry. Each bed and breakfast establishment shall provide a register and shall require all guests to register their true names and addresses before being assigned quarters. The register shall be kept intact and available for inspection by a village representative for a period of not less than one year.

(e)

Permit required.

(1)

Village permit. In addition to the permit required by Wis. Admin. Code chs. HFS 195 and 197, before opening for business, every bed and breakfast establishment shall obtain a permit from the zoning administrator by application made upon a form furnished by the zoning administrator and shall obtain a conditional use permit;

(2)

Application requirements. The following shall be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this article:

a.

Site plan showing location and size of buildings, parking areas and signs;

b.

Number, surfacing and size of parking stalls;

c.

Number, size and lighting of signs;

(3)

Display. The permit issued by the zoning administrator shall be conspicuously displayed in the bed and breakfast establishment.

(f)

Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy. Establishments otherwise qualified under this section regulating bed and breakfast establishments shall not be subject to the other requirements of this chapter with respect to traffic, parking and access.

(g)

On-site signs. Signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the requirements of this chapter with respect to signs.

(h)

Termination of permit. A bed and breakfast use permit shall be void upon the sale or transfer of the property ownership. The plan commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with subsection (e) of this section shall be valid until terminated by action of the zoning administrator for violation of this section, or of state regulations as set forth in Wis. Admin. Code ch. HFS 195 or 197, or as provided in this section.

(Code 1998, § 106-853; Ord. No. 97-11, § 13-1-72, 11-3-1997)

(a)

Intent. The intent of this section is to provide a means to accommodate a small family business as a conditional use without the necessity of a rezone into a commercial district. Approval of an expansion of a limited family business or home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.

(b)

Restrictions. Home occupations are a conditional use in all residential districts and are subject to the requirements of the district in which the use is located, in addition to the following:

(1)

The home occupation shall be conducted only within the enclosed area of the dwelling unit or an attached garage;

(2)

There shall be no exterior alterations that change the character thereof as a dwelling and exterior evidence of the home occupation other than those signs permitted in the district;

(3)

No storage or display of materials, goods, supplies, or equipment related to the operation of the home occupation shall be visible outside any structure located on the premises;

(4)

No use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference, or any other nuisance not normally associated with the average residential use in the district;

(5)

Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated;

(6)

The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises;

(7)

The plan commission may determine the percentage of the property that may be devoted to the occupation;

(8)

The home occupation may be restricted to a service-oriented business prohibiting the manufacturing of items or products or the sale of items or products on the premises;

(9)

The types and number of equipment or machinery may be restricted by the plan commission;

(10)

Sale or transfer of the property shall cause the conditional use permit to be null and void;

(11)

Under no circumstances shall a vehicle repair or body-work business qualify as a home occupation.

(c)

Exception. A home occupation under this section may be maintained in any residential district as a permitted use, as opposed to a conditional use, if the standards of subsection (b) of this section are complied with, and no sign is erected or maintained regarding the home occupation, no more than one person works on the premises and no customers regularly come to the house.

(Code 1998, § 106-854; Ord. No. 97-11, § 13-1-73, 11-3-1997)

(a)

Plan of operation required. Except as provided in subsections (c) and (g) of this section, no person or entity may use any property for any purpose without an approved plan of operation issued pursuant to this section. Except as provided in subsections (c) and (g) of this section, no activity or enterprise may be engaged in or carried on upon any property, except as provided in an approved plan of operation issued pursuant to this section.

(b)

Temporary plan of operation. A temporary plan of operation is required for seasonal business operations, special events, vendor stalls, and other seasonal or short term nonresidential activities such as holiday tree sales and fruit and vegetable stands. The duration of a temporary plan of operation permit shall be established by the plan commission.

(c)

Exceptions. Approval of a plan of operation is not required for residential uses, village facilities and operations, or public school buildings and operations.

(d)

Application. An application for approval of a plan of operation shall be submitted to the zoning administrator on a form prescribed by the village, and shall include the following information:

(1)

The name and address of the applicant;

(2)

A description of the business, commercial, industrial or other activities that will occur on the property;

(3)

The name and address of the on-site manager of the business or entity;

(4)

The proposed hours during which activities will occur on the property;

(5)

The number of full-time and the number of part-time employees that will be employed on the property, which may be expressed as a range of full-time and part-time employees;

(6)

If the plan of operation is for a multi-tenant building, the application shall include a plot plan for the building.

(e)

Standards for approval. A plan of operation shall be approved if the zoning administrator finds that the proposed use of the property does not violate any provision of this chapter and, if applicable, is permitted under the conditional use permit issued for the property.

(f)

New plan of operation required for changed operations. A new or amended plan of operation is required where:

(1)

The person or entity that owns or leases the property or operates the business on the property changes;

(2)

The number of employees working on the property increases beyond the maximum number specified in the existing plan of operation;

(3)

The hours of operation are changed;

(4)

The business, commercial, industrial or other activities that will occur on the property changes from the activities described in the existing plan of operation.

(g)

Existing uses. The lawful use of structures or land existing on April 13, 2001 may be continued without an approved plan of operation. For such uses, a plan of operation shall be required where:

(1)

The person or entity that owns or leases the property or operates the business on the property changes;

(2)

The number of employees working on the property increases beyond the number of employees on April 20, 2001;

(3)

The hours of operation are changed from the hours of operation that existed on April 20, 2001;

(4)

The business, commercial, industrial or other activities that will occur on the property changes from the activities that occurred on the property on April 20, 2001.

(Code 1998, § 106-855; Ord. No. 01-05, § 1, 4-2-2001)

It is the intent of the village that any person or owner who wishes to use property, at least in part, as a commercial outdoor eating or drinking area shall obtain a conditional use permit from the village pursuant to this article V. Therefore, in a zoning district where a restaurant, bar, tavern or similar use is identified as a permitted use, no person or owner shall be allowed to establish or use an outdoor area for eating or drinking associated with the restaurant, bar, tavern or similar use unless the person or owner has first obtained a conditional use permit under this article.

(Code 1998, § 106-856; Ord. No. 14-16, 12-15-2014)

(a)

Intent. The intent of this section is to provide a means to accommodate the use of business dormitories as an ancillary use to the primary industrial use of a property as a conditional use.

(b)

Definitions. For purposes of this section, a "business dormitory" is a structure that is approximately 400 square feet or less in floor area, including lofts; is built on a concrete slab; is independently habitable; and provides the basic requirements of shelter, heating, cooking, and water and sanitary sewer utilities.

(c)

Standards. In addition to the standards set forth in section 133-936, business dormitories are subject to the following additional standards:

(1)

All business dormitories must be served by village water and sewer, and must have appropriate heat and power.

(2)

The use of a business dormitory must be directly related to the primary industrial use of the property. The applicant must identify for the plan commission the unique business reason(s) for why the business dormitories are necessary for the industrial use of the property. Further, a business dormitory may only be used for the purpose identified in subsection (3) (i.e., a temporary residence for a contractor, guest, or off-site employee).

(3)

Only one individual may reside in a business dormitory. The individual residing in the business dormitory must be working or training at the primary structure on the property as a contractor, guest, or off-site employee, as described herein. Employees who primarily work at the primary structure on the property cannot reside in the business dormitory. Employees who primarily work off site (the off-site work location must be at least 100 miles from the property) may reside in a business dormitory. The maximum number of days that an individual may reside in a business dormitory is 30 days, unless extended in writing by the zoning administrator because a specific project requires a longer stay. The applicant shall maintain a log book that identifies the individuals residing in a business dormitory, the dates the individual resided in the business dormitory, and the business reason why each individual resided in the business dormitory. The applicant shall make the log book available to the village upon request.

(4)

The number of business dormitories permitted on a property shall correspond with the size of the primary structure on the property. For each 4,000 square feet of the primary structure on the property, one business dormitory may be located on the property. Notwithstanding the preceding sentences, the maximum number of business dormitories on a property shall be eight, and construction of business dormitories shall be done in phases, with no more than four business dormitories constructed in a phase. Each phase of construction shall require a separate conditional use permit from the plan commission.

(5)

Suitable space must be provided for one parking space for each business dormitory.

(6)

The maximum height of a business dormitory shall be 25 feet.

(7)

The architecture and color of the business dormitories shall be compatible with the primary structure on the property, and approved by the zoning administrator.

(8)

The location of the business dormitories shall be approved as part of the site plan process for the property. This shall include any necessary setbacks from other business dormitories, the primary structure on the property, and lot lines.

(9)

The business dormitories, and the land upon which the business dormitories are located, shall be properly maintained, including, but not limited to, complying with all village ordinances regarding maintenance of structures and property, and complying with any protective covenants that may apply to the property on which the business dormitories are located.

(10)

The applicant shall not generate revenue, directly or indirectly, from the use of the business dormitories.

(Ord. No. 18-6, § 2, 3-12-2018)