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 the 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 or districts
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.
A.
The Village Board hereby authorizes the Zoning Administrator to issue
a conditional use permit for either regular or limited conditional
use after review, public hearing, and approval by the Plan Commission,
provided that such conditional use and involved structure(s) 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 property in the neighborhood
or the community. In the instance of the granting of limited conditional
use, the Plan Commission in its findings shall further specify the
delimiting reason(s) or factor(s) which resulted in issuing limited
rather than regular conditional use. Such Commission action, and the
resulting conditional use permit, when for limited conditional use,
shall specify the period of time for which effective, if specified,
the name of the permittee, and the location and legal description
of the affected premises. Prior to the granting of a conditional use,
the Commission shall make findings based upon the evidence presented
that the standards herein prescribed are being complied with.
B.
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.
C.
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.
Any person, firm, corporation or organization having a freehold
interest or 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 in this article in the zoning district in which such land is located.
An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures and the existing and proposed use of each structure and lot 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 § 615-25 hereinafter. 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, and 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, and water supply systems; and arrangements of operations.
All requests for conditional uses shall be presented to the Village Clerk/Treasurer who will forward them to the Zoning Administrator for review and written report to the Plan Commission. The Plan Commission can, on its own motion, apply conditional uses 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 § 615-22 above, 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 the Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 1 notice under the Wisconsin Statutes
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, said notice to
be sent at least 10 days prior to the date of such public hearing.
The Plan Commission shall report its action to the Village Board within
45 days after a matter has been referred to it.
A.
Standards. No application for a conditional use shall be recommended
for approval by the Plan Commission unless the Commission shall find
all of 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)
Adequate measures have been or will be taken to prevent and control
water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any
new construction of a building or an addition to an existing building,
the Village Board and Plan Commission 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.
C.
Additional considerations. In addition, in passing upon a conditional
use permit, the Plan Commission shall also evaluate the effect of
the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
A.
Written basis. When 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 enumerate reasons
the Commission has used in determining that each standard was not
met.
B.
Effect of denial of application. No application for a conditional
use which has been denied wholly or in part by the Plan Commission
shall be resubmitted for a period of one year from the date of the
denial, except on the grounds of new evidence or proof of change of
conditions found to be valid by the Plan Commission.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Plan Commission 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 § 615-25 above. In all cases in which conditional uses are granted, the Village 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:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall
evaluate each application and may request assistance from any source
which can provide professional or technical assistance. The 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 the proposed operation/use.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Plan Commission.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Village Board may require the use of certain general types
of exterior construction materials and/or architectural treatment.
E.
Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter, such as lot
width and area, yards, height, parking and loading.
Where a conditional use application has been approved or conditionally
approved, such approval shall become null and void within 24 months
of the date of the approval unless the use is commenced, construction
is underway or the current owner possess 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 Plan Commission at least 30 days before
the expiration of said permit.
[Amended by Ord. No. 2000-03-02]
A.
Continuing jurisdiction. The Plan Commission shall retain continuing
jurisdiction over all 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 of approval or any other provision
of this Code.
B.
Written complaints. Any citizen or Village official may file a written complaint alleging that the subject conditional use has violated or is in violation of a condition of approval, the performance standards in § 615-25, or other requirements of this chapter. Such complaints shall be forwarded to the Plan Commission Chairperson.
[Amended 6-7-2010 by Ord.
No. 2010-06-08]
(1)
The Plan Commission Chairperson shall preliminarily review the complaint.
(2)
Following his/her preliminary review of the complaint, the Plan Commission
Chairperson may refer the complaint to the Plan Commission or may
require the Building Inspector, Zoning Administrator or other Village
official to conduct an investigation and make a determination of violation(s)
of the conditional use permit and take enforcement action where he/she
deems appropriate. If the violation(s) is (are) not corrected or if
the complainant is not satisfied that the complaint has been satisfied,
he/she may ask the Plan Commission Chairperson to forward the complaint
to the Plan Commission and the Plan Commission Chairperson shall forward
the complaint to the Plan Commission.
(3)
The Plan Commission shall preliminarily review the complaint.
(4)
In connection with its preliminary review of the complaint, the Plan
Commission may require the Building Inspector, Zoning Administrator
or other Village official to conduct such investigation and make such
report as the Plan Commission may direct. The Plan Commission may
request information from the holder of the conditional use permit,
the complainant, and any other person or entity to assist with its
preliminary review.
(5)
Following its preliminary review, the Plan Commission may:
(a)
Dismiss the complaint;
(b)
Refer the complaint to the Zoning Administrator for prosecution;
or
(c)
Conduct a hearing to determine whether the alleged violations have occurred and what remedial action should be taken. Prior to such hearing, notice of the hearing shall be given to the holder of the conditional use permit and the complainant and as provided in § 615-24. The holder of the conditional use permit and the complainant, and any other person, may appear at the hearing and may offer testimony and other relevant evidence and may be represented by an attorney.
(6)
If the Plan Commission concludes that violations have occurred, the
Plan Commission may:
(a)
Modify the conditions imposed upon such conditional use and impose additional conditions to the extent reasonably necessary to bring the subject conditional use into compliance with the standards set forth in § 615-25 or conditions previously imposed;
(b)
Revoke the subject conditional use permit and direct the Zoning Administrator to seek elimination of the subject use, if no reasonable modification of such conditional use can be made to assure compliance with the standards in § 615-25;
(c)
Refer the matter to the Zoning Administrator for prosecution;
or
An appeal from the decision of the Plan Commission may be taken to the Village Board by the applicant for the conditional use or by 20% or more of the property owners notified objecting to the establishment of such conditional use. Such appeal must specify the grounds thereof in respect to the findings of the Plan Commission and must be filed with the Village Clerk/Treasurer within 10 days of the final action of the Plan Commission. Final action may be either initial action on a conditional use or action following reconsideration of said initial action under the Plan Commission's rules of procedure. However, reconsideration shall only occur following written notification of intent to reconsider by a Plan Commission member to the Village Clerk/Treasurer no later than two days after said initial action. Thereupon, the notice requirements of § 615-24 shall be complied with before the Plan Commission reconsiders such initial action. The taking of an appeal prior to the third day after said initial action shall not preclude or invalidate reconsideration by the Plan Commission as herein provided. The Village Clerk/Treasurer shall file such appeal with the Village Board. The Village Board shall fix a reasonable time for the hearing of the appeal and give public notice thereof as well as due notice to the parties in interest and decide the same within a reasonable time. The action of the Plan Commission shall be deemed just and equitable unless the Village Board, by a favorable vote of a majority of the members of the Village Board present, reverses or modifies the action of the Plan Commission. An appeal from a decision of the Village Board shall be commenced by the remedy of certiorari in Circuit Court within 30 days of the date of the decision.
[Added by Ord. No. 1998-04-01]
Notwithstanding any other provision of this article, and in addition to any other remedies allowed by law or elsewhere in this chapter, any person, firm, or corporation who or which fails to comply with any provision of this article, or fails to comply with any decision, determination, condition, order, or permit issued hereunder, shall be subject to the violation, remedial action and penalty provisions of § 615-84.
