[Amended 5-7-2019 by Ord.
No. 793]
The Village Plan Commission may issue a conditional use permit
for conditional uses as provided in this article.
Applications for conditional use permits shall
be made in duplicate to the Building Inspector on forms furnished
by the Building Inspector and shall include the following:
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; and the zoning district within which
the subject site is located. For floodland conditional uses, such
description shall also include information that is necessary for the
Plan Commission to determine whether the proposed development will
hamper flood flows, impair floodplain storage capacity, or cause danger
to human or animal life. This additional information may include plans,
certified by a registered professional engineer or land surveyor,
showing elevations or contours of the ground, fill or storage elevations;
first floor elevations of structures; size, location, and spatial
arrangement of all existing and proposed structures on the site; location
and elevation of streets, water supply, and sanitary facilities; photographs
showing existing land uses and vegetation upstream and downstream;
soil types; and other pertinent information and may include plans
as applicable.
C.
Plat of survey prepared by a registered land surveyor, or a sketch drawn to scale and approved by the Zoning Administrator, showing all of the information required under § 205-14 for a building permit and, in addition, the mean and historic high-water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.
D.
Additional information as may be required by the Village
Plan Commission, Village Engineer, Building Inspector, or Plumbing
Inspector.
[Added 5-7-2019 by Ord.
No. 7931[1]]
The Village Plan Commission shall hold a public hearing on each application giving public notice as specified in Article XVI of this chapter.
[Added 5-7-2019 by Ord.
No. 7932[1]]
The Plan Commission shall 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 proposed operation.
A.
The Plan Commission may take final action on the application at the
time of its initial meeting or may continue the proceedings upon its
own motion or at the applicant's request. The Plan Commission may
approve the conditional use as originally proposed, may approve the
proposed conditional use with modifications, or may deny approval
of the proposed conditional use.
B.
In making its decision, the Plan Commission shall consider the criteria
below and make findings of fact regarding each. The Plan Commission
shall determine:
(1)
The consistency of the proposed use with the Comprehensive Plan;
(2)
Whether the use proposed is hazardous, harmful, or offensive, within
the neighborhood or locale where proposed;
(3)
Whether the use proposed is adverse to the environment;
(4)
Whether the use proposed adversely affects the property values, the
aesthetics, or the general well-being of the neighborhood where proposed;
(5)
Whether all of the criteria and information required herein has been
adequately provided by the applicant;
(6)
Any findings of fact supporting its recommendation as to whether
the potential public benefit outweighs any and all potential adverse
impacts.
C.
The Plan Commission's decision shall be based on substantial evidence.
In this article, "substantial evidence" means facts and information,
other than merely personal preferences or speculation, directly related
to the requirements and conditions the applicant must meet to obtain
a conditional use permit and that reasonable persons would accept
in support of a conclusion.
D.
If the applicant for a conditional use permit meets or agrees to
meet all of the requirements and conditions specified in this chapter
or those imposed by the Plan Commission, the Plan Commission shall
grant the conditional use permit.
E.
The following standard conditions shall apply to every conditional
use permit:
(1)
The permit shall become effective upon execution by the property
owner of an acceptance of the permit conditions in such form acceptable
to the Village as to constitute an effective covenant running with
the land;
(2)
Operation of the use permitted shall be in strict conformity to the
application and any and all plans and supporting documents submitted
therewith and the terms of the permit;
(3)
The permittee and its agents and assigns shall comply with the requirements
and provisions of all Village ordinances and state statutes and regulations
and all other applicable regulations of any kind.
F.
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.
G.
Any condition imposed must be related to the purpose of this chapter,
must be based on substantial evidence, must be reasonable and, to
the extent practicable, measurable, and may include conditions such
as the permit's duration, transfer and renewal. The applicant must
demonstrate that the application and all requirements and conditions
established by the Plan Commission relating to the conditional use
permit are or shall be satisfied, both of which must be supported
by substantial evidence. The Plan Commission's decision to approve
or deny a permit must be supported by substantial evidence.
H.
No application which has been denied (either wholly or in part) shall
be resubmitted for a period of 12 months from the date of the order
of denial, except on grounds of new evidence or proof of change of
factors found valid by the Plan Commission.
I.
Once issued, the conditional use permit shall remain in effect as
long as the conditions upon which the permit was issued are followed
and regardless of ownership of the subject property, unless the Plan
Commission includes a condition pertaining to the permit's duration,
transfer or renewal.
J.
Changes subsequent to the initial issuance of a conditional use permit
that would result in a need to change the initial conditions shall
require an amendment to the conditional use permit. Enlargement of
a conditional use shall be considered an amendment. The process for
amending a conditional use permit shall generally follow the procedures
for granting a permit as set forth herein.
K.
Should a permit applicant, or the applicant's heirs or assigns, fail
to comply with the conditions of the permit issued by the Plan Commission,
or should the use or characteristics of the use be changed without
prior approval by the Plan Commission, the conditional use permit
may be revoked. The process for revoking a conditional use permit
shall generally follow the procedures for granting a permit as set
forth herein.
L.
Appeals from the decision of the Plan Commission shall be to the
Circuit Court pursuant to § 62.23(7)(de), Wis. Stats.
The following public and semipublic uses shall
be conditional uses and may be permitted as specified:
A.
Airports, airstrips, and landing fields in the I-1
Institutional District, the M-1 and M-2 Manufacturing Districts, and
A-1 Agricultural District, provided that the site is not less than
20 acres.
B.
Governmental and cultural uses, such as fire and police
stations, community centers, libraries, public emergency shelters,
parks, playgrounds, and museums, in all residential and business districts,
in the M-1 and M-2 Manufacturing Districts, and in the P-1 Park District.
C.
Utility substations, wells, pumping stations, and
towers in all districts, provided all principal structures and uses
are not less than 50 feet from any residential district lot line.
D.
Public passenger transportation terminals, such as
heliports, and bus and rail depots, but excluding airports, airstrips,
and landing fields, in all business districts and in the M-1 and M-2
Manufacturing Districts, provided that uses are not less than 100
feet from any residential district boundary.
E.
Public, parochial, and private elementary and secondary
schools and places of worship in all residential districts and the
P-1 Park District, provided the lot area is not less than two acres
and all principal structures and uses are not less than 50 feet from
any lot line.
F.
Penal and correctional institutions in the I-1 Institutional
District, provided that the site is not less than five acres and does
not abut upon a residential property.
G.
Cemeteries and crematories in the I-1 Institutional
District, provided that no structure is located closer than 50 feet
from any lot line.
H.
Solar energy collectors erected as an accessory structure
may be permitted in any district, provided that the structure shall
comply with all the yard and height requirements for the district
in which the solar collector is located, and provided that appropriate
landscape screening is provided.
The following residential and quasi-residential
uses shall be conditional uses and may be permitted as specified:
A.
Clubs. Fraternities, lodges, and meeting places of
a noncommercial nature in any residential district and the I-1 Institutional
District, provided all principal structures and uses are not less
than 25 feet from any lot line.
B.
Housing for the elderly in the R-5 Residential District,
and the I-1 Institutional District, provided that the density of such
housing shall not exceed 18 units per net acre; and provided that
there shall be a minimum living area of 500 square feet for a one-bedroom
dwelling unit and a minimum living area of 750 square feet for a two-bedroom
or larger dwelling unit.
C.
Rest homes, nursing homes, clinics, adult day-care
centers, and children’s day-care centers in the R-5 Residential
District and I-1 Institutional District, provided all principal structures
and uses are not less than 50 feet from any lot line.
[Amended 4-13-2021 by Ord. No. 806]
D.
Community living arrangements which have a capacity
for nine or more persons in the R-1, R-2, R-3, and R-4 Residential
Districts and the I-1 Institutional District.
[Amended 4-13-2021 by Ord. No. 806]
E.
Community living arrangements which have a capacity
for 16 or more persons in the R-5 Residential District.
F.
Detached garages, where attached garages exist, in
the R-1, R-2 and R-3 Residential Districts, and detached garages,
regardless of whether attached garages exist, in the R-5 Residential
District.
[Amended 11-7-2012 by Ord. No. 736]
The following commercial uses shall be conditional
uses and may be permitted as specified:
A.
Drive-in theaters in the B-4 Business District, provided
that a planting screen at least 25 feet wide is created along any
side abutting a residential district and no access is permitted to
or within 1,000 feet of an arterial street
B.
Funeral homes in any business district and the I-1
Institutional District, provided all principal structures and uses
are not less than 25 feet from any lot line.
C.
Drive-in banks in the B-1, B-2 and B-3 Business Districts.
D.
Wholesale outlet stores in the B-4 Business District.
E.
Resale retail operations, secondhand stores, pawn
shops or any retail establishment with a majority of trade or business
involving refurbished or used merchandise in the B-1 Business District.
F.
Bed-and-breakfast establishments in the B-1 Business
District.
G.
Shared parking arrangements by permitted uses on the
same parcel, or between abutting commercial uses of different parcels
where recorded agreements for shared parking access exist, sufficient
aggregate parking spaces are provided to meet public use needs to
the satisfaction of the Plan Commission, and the individual site parking
availability does not conform to the requirements of this chapter,
in the B-1, B-2, B-3 and B-4 Business Districts.
H.
Motor-fuel-dispensing facilities in the B-2 and B-4 Business Districts, and in any manufacturing district, provided that the motor-fuel-dispensing facilities comply with § 205-21.1D.
[Amended 11-7-2012 by Ord. No. 737]
I.
Radio and television transmitting towers, receiving
towers, relay and microwave towers, and broadcast studios in the B-4
Business and I-1 Institutional Districts.
J.
Limited manufacturing concerns featuring an outlet
store and bearing the appearance of a retail establishment may be
permitted in the B-4 Business District.
K.
Roof, building, and ground-mounted satellite dish
antennas greater than two feet in diameter in any business or industrial
district and the P-1 Park District.
L.
Self-service and automatic car wash operations in
the B-2 and B-4 Business Districts.
M.
Tattoo, body art and body piercing establishments
in the B-1 Business District.
N.
Establishments whose services are limited to cash
advances, pay day loans, check cashing or money wire transfer activities
in the B-1 Business District.
O.
Interior self-service storage facilities in the B-4 Business District,
provided that such facilities are located in a single standalone building
only (new or existing) with two means of public ingress or egress,
all storage units are accessible only from the interior of the building,
all storage units are used only for storage of personal or business
goods or property, and there is no outside storage of any kind.
[Added 4-6-2015 by Ord.
No. 762]
P.
Propane refill/dispensing stations in the B-4 Business District,
provided that such stations are associated with, operated by and located
on the same premises as a hardware store, interior self-service storage
facility, or motor-fuel-dispensing facility, and provided that only
one propane tank is permitted on the premises, the overall structure
height shall not exceed 159 inches, and the refill/dispensing station
shall be completely screened from view from any public way and abutting
properties with rapidly growing trees or shrubbery or a nontransparent
fence approved by the Plan Commission.
[Added 6-20-2017 by Ord.
No. 776]
The following industrial and agricultural uses
shall be conditional uses and may be permitted as specified:
A.
Animal hospitals in the B-P Business District and
the M-1 and M-2 Manufacturing Districts, provided all principal structures
and uses are not less than 100 feet from any residential use.
B.
Dumps, disposal areas, and sewage treatment plants
in A-1 Agricultural Districts and M-2 Manufacturing Districts.
C.
Processing and manufacturing of feeds prepared for
animals and fowl; storage of animal feeds, seeds, animal health products,
and lawn and garden equipment in the M-1 and M-2 Manufacturing Districts,
provided all storage operations are conducted within an enclosed building.
D.
Lumberyards, millwork, saw mills, and planing mills
in the B-P Business District and the M-1 and M-2 Manufacturing Districts.
E.
Manufacturing and processing of engineered wood products,
resinated or composite wood products, chemically treated lumber, veneers,
and plywood in the M-1 and M-2 Manufacturing Districts.
F.
Freight yards, freight terminals, and transshipment
depots in the M-1 and M-2 Manufacturing Districts.
G.
Commercial service facilities, such as cafeterias
or institutional dining services, and fueling stations, in the M-1
and M-2 Manufacturing Districts, provided that all such services are
operated primarily to benefit industrial district users and employees
and that other users are only incidental customers.
H.
Cyclone or wire mesh fencing may be allowed in the
M-1, M-2, and B-P Districts in the rear yard only. Use of such materials
for fencing must be associated with unique or special circumstances
required by the principal manufacturing or business use. The fencing
must be appropriately screened from the public way and abutting properties
with landscaping, vegetative cover, or an approved nontransparent
fence. Fence heights shall be determined by the Community Development
Authority/Industrial Review Committee on a per-applicant basis.
[Amended 6-3-2008 by Ord. No. 679]
I.
Assembly,
processing and light manufacturing activities that are permitted uses
in the M-1 Light Manufacturing District in the B-4 Business District,
when the Plan Commission determines that the activity will directly
support the business district and can be integrated into the overall
plan for the business district.
[Added 10-4-2016 by Ord.
No. 769]
J.
Outdoor
storage of equipment, materials, products or inventory as an accessory
use may be permitted in the B-P Business Park District, provided that
the outdoor storage is located only in the rear yard or side yard
of the property and is completely screened from view from any public
way and abutting properties by a solid fence and/or landscape screen,
and provided that the outdoor storage location and type of screening
has first been approved by the Community Development Authority. A
permit issued for outdoor storage shall expire when the person or
entity to which the permit is issued conveys the business which is
the principal use on the property to any other person or entity or
when the person or entity to which the permit is issued ceases operation
of the business which is the principal use.
[Added 4-16-2019 by Ord.
No. 792]
K.
Ground-mounted
electric-power-generating photovoltaic solar panel array and connector
equipment with a nameplate generating capacity not exceeding 500kW
in the B-P Business Park District, provided that the array and equipment
are located only on a publicly owned site.
[Added 8-27-2019 by Ord.
No. 797]
L.
Funeral
homes and crematories in the M-2 General Manufacturing District, provided
that no principal structure is located closer than 50 feet from any
lot line.
[Added 4-18-2023 by Ord. No. 829]
[Amended 6-3-2008 by Ord. No. 678]
The following public and commercial recreational
facilities shall be conditional uses and may be permitted as specified:
A.
Archery ranges, bathhouses, beaches, boating, camps,
conservatories, driving ranges, indoor firearm ranges, golf courses,
gymnasiums, ice-skating rinks, boating, marinas, music halls, polo
fields, pools, riding academies, stadiums, and zoological and botanical
gardens in the P-1 Park District, provided that the lot area is not
less than three acres and all areas of operation and associated structures
are not less than 50 feet from any lot line.
B.
Archery ranges, conservatories, driving ranges, indoor
firearm ranges, golf courses including miniature golf parks, gymnasiums,
ice-skating rinks, and music halls in the B-2 Retail Shopping Center
Business District and the B-4 Highway Shopping Center Business District,
provided that the lot area is not less than three acres and all areas
of operation and associated structures are not less than 50 feet from
any lot line.
The following uses are conditional uses in the
C-1 Conservancy District and may be permitted as specified. The Village
Plan Commission shall transmit a copy of each application for a conditional
use in the shore land portion of the C-1 Conservancy District to the
Wisconsin Department of Natural Resources (DNR) at least 10 days prior
to the public hearing. Final action on the application shall not be
taken for 30 days or until the DNR has made its recommendation, whichever
comes first. A copy of all shore land C-1 Conservancy District conditional
use permits shall be transmitted to the DNR within 10 days following
the decision.
A.
The construction of streets which are necessary for
the continuity of the Village street system, necessary for the provision
of essential utility and public safety services, or necessary to provide
access to permitted open space uses in the C-1 District, provided
that:
(1)
The street cannot as a practical matter be located
outside the conservancy district;
(2)
The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in § 205-139B of this chapter;
(3)
The street is designed and constructed with the minimum
cross section practical to serve the intended use;
(4)
The street construction activities are carried out
in the immediate area of the roadbed only; and
(5)
Any filling, flooding, draining, dredging, ditching,
tiling, or excavating that is done must be necessary for the construction
or maintenance of the street.
B.
The construction and maintenance of nonresidential
buildings used solely in conjunction with raising of waterfowl, minnows,
or other wetland or aquatic animals or used solely for some other
purpose which is compatible with natural resource preservation, provided
that:
C.
The establishment and development of public and private
parks and recreation areas, recreation trails, public boat access
sites, natural and outdoor education areas, historic and scientific
areas, wildlife refuges, game preserves, and private habitat areas,
provided that:
(1)
Any private recreation or wildlife habitat area must
be exclusively for that purpose;
(2)
No filling is to be done; and
(3)
Ditching, excavating, dredging, dike and dam construction
may be done in wildlife refuges, game preserves, and private wildlife
habitat areas, but only for the purpose of improving wildlife habitat
or to otherwise enhance the value of a wetland or other natural resource.
D.
The construction and maintenance of electric, gas,
telephone, water and sewer transmission and distribution lines, and
related facilities, by public utilities and cooperative associations
organized for the purpose of producing or furnishing heat, light,
power or water to members, provided that:
(1)
The transmission and distribution lines and related
facilities cannot as a practical matter be located outside the conservancy
district; and
(2)
Any filling, draining, dredging, ditching, or excavating
that is done must be necessary for the construction or maintenance
of the utility, and must be done in a manner designed to minimize
flooding and other adverse impacts upon the natural functions of the
conservancy area.
E.
The construction and maintenance of railroad lines,
provided that:
(1)
The railroad lines cannot as a practical matter be
located outside the conservancy district; and
(2)
Any filling, draining, dredging, ditching, or excavating
that is done must be necessary for the construction or maintenance
of the railroad, and must be done in a manner designed to minimize
flooding and other adverse impacts upon the natural functions of the
conservancy area.
[1]
Editor’s Note: Former § 205-62, Temporary uses,
as amended, was repealed 5-7-2019 by Ord. No. 793.
