Although each zoning district is primarily intended for a predominant type of land use, there are a number of uses that may be appropriate under certain conditions. These are referred to as "conditional uses" and are listed in Table 7-1 in Division 3 of Article 7.[1] This division describes the requirements and procedures for reviewing a conditional use permit (CUP), including an amendment of an approved conditional use permit.
[1]
Editor's Note: Table 7-1 is included as an attachment to this chapter.
The owner of the subject property may submit an application for the establishment of a conditional use permit.
The general steps outlined below shall be used in the review of an application for a conditional use permit.
A. 
Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the Zoning Administrator to review applicable regulations and procedures, applicable sections of the Village's Comprehensive Plan, and the proposal. The Zoning Administrator may waive the requirement to hold a pre-submittal meeting when he or she determines such meeting is not necessary.
B. 
Submittal of application materials. The applicant shall submit a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
C. 
Staff review. Within five working days of submittal, the Zoning Administrator shall distribute copies to Village department heads for review and comment. Within 10 working days of submittal, the Zoning Administrator shall either schedule a date for the public hearing with the Planning Commission allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. Failure to submit a fee or a fee in the correct amount shall not be considered an application. If the application is incomplete, the applicant has three months to resubmit the application or forfeit the application fee. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied.
D. 
General notice. Consistent with Division 2 of Article 5, the Zoning Administrator shall provide for a Class 2 public notice, property owner notice, agency notice, and meeting agenda notice.
E. 
Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Planning Commission, the applicant, and to the Village Clerk. The Zoning Administrator shall also provide a copy to interested people upon request.
F. 
Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Commission may request a continuance consistent with Division 3 of Article 5.
G. 
Planning Commission decision. After the public hearing has been closed, the Commission shall make a decision based on the decision criteria contained in this division to approve the CUP, approve the CUP with conditions, deny the CUP, or refer the decision to the next regular Commission meeting if the Commission determines that additional information is needed to make a decision on the application.
H. 
Preparation of decision notice. Based on the action of the Commission, the Zoning Administrator shall prepare a decision notice consistent with this division.
I. 
Applicant notification. Within a reasonable time following the Commission's decision, the Zoning Administrator shall mail the decision notice to the applicant by regular mail.
J. 
Acceptance by property owner required. The property owner shall sign the decision notice to acknowledge the imposition of conditions and return the same to the Zoning Administrator. The decision notice shall become effective upon the property owner's signature.
K. 
Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
The Planning Commission in making its decision shall consider the following factors:
A. 
The size of the parcel on which the proposed use will occur;
B. 
The presence of other uses on the subject property;
C. 
The location of the proposed use on the subject property (e.g., proximity of the proposed use to other existing or potential land uses);
D. 
Effects of the proposed use on traffic safety and efficiency and pedestrian circulation, both on site and off site;
E. 
The suitability of the subject property for the proposed use;
F. 
Effects of the proposed use on the natural environment;
G. 
Effects of the proposed use on surrounding properties, including operational considerations relating to hours of operation and creation of potential nuisances;
H. 
Effects of the proposed use on the normal and orderly development of the surrounding property for uses permitted in the zoning district and adjoining zoning districts;
I. 
Whether the proposed use is consistent with the Village's Comprehensive Plan and any other long-range plans; and
J. 
Any other factor not listed above, but which relates to the public health, safety, or welfare.
A. 
Generally. The Planning Commission may impose one or more conditions of approval as may be necessary to grant approval. Such conditions and restrictions may relate to the establishment, location, construction, maintenance, and operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety, or general welfare. Conditions which are imposed shall be achievable.
B. 
Limitation on imposing conditions. A condition of approval shall not lessen a development standard or other requirement contained in this chapter.
C. 
Effect on contracts with another party. The Planning Commission shall not condition or withhold approval based upon the property owner entering into a contract, or discontinuing, modifying, extending, or renewing any contract, with a third party under which the third party is engaging in a lawful use of the property.
D. 
Special condition for business as property owner. As a condition of approval of a conditional use permit, the property owner, if it is a business entity, such as a limited liability company or a corporation, shall for the life of the conditional use permit continuously maintain a registered office in the State of Wisconsin as evidenced by registration with the Wisconsin Department of Financial Institutions.
The application submittal shall include an application form as may be utilized by the Village and a project map prepared at an appropriate scale depicting the information listed in Appendix A.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
The staff report shall contain the following:
A. 
A summary of the comments received from the interdepartmental/agency review;
B. 
Preliminary findings for the decision criteria listed in this division;
C. 
A recommendation to approve the application, approve the application with conditions, or deny the application;
D. 
A preliminary list of conditions whether the staff recommendation is for approval or denial; and
E. 
Other information as deemed necessary.
A. 
Approval. If the application for a conditional use permit is approved, the decision notice shall include the following:
(1) 
A statement that the application is approved;
(2) 
A description of the conditional use;
(3) 
A description of the project, including acreage and proposed use characteristics;
(4) 
Findings for the decision criteria listed in this division;
(5) 
A list of conditions of approval imposed by the Village that must be satisfied prior to the establishment of the conditional use or complied with during the life of the conditional use, or both;
(6) 
A statement indicating that the property owner must sign the decision notice and return it to the Zoning Administrator to acknowledge acceptance of the same if one or more conditions of approval are imposed;
(7) 
A statement that an aggrieved third party may appeal the decision to a court of competent jurisdiction and that any work done by the applicant as authorized by the approval is done at the applicant's risk;
(8) 
Other information the Planning Commission or Zoning Administrator deems appropriate;
(9) 
The signature of the Zoning Administrator on behalf of the Planning Commission; and
(10) 
The date of the decision.
B. 
Denial. If the application for a conditional use permit is denied, the decision notice shall include the following:
(1) 
A statement that the application is denied;
(2) 
A description of the project, including acreage and proposed use characteristics;
(3) 
Findings for the decision criteria listed in this division;
(4) 
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;
(5) 
A statement that the decision may be appealed as provided for in this division;
(6) 
Other information the Planning Commission or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the Planning Commission; and
(8) 
The date of the decision.
When a conditional use permit approval authorizes the construction of a new structure eligible for assessment for real property tax purposes, the approval shall run with the land and be binding on all subsequent property owners.
Following a public hearing, the Planning Commission may revoke or modify an approval if it determines that information in the application or otherwise provided by the applicant or the applicant's agent was incomplete, false, misleading, or inaccurate and such information would have altered its decision to approve the application or the conditions of approval which were or were not imposed.
A. 
Non-establishment of use. If the Zoning Administrator determines that substantial work as authorized by a conditional use permit approval did not commence within 12 months of the date of approval or if substantial work did commence within 12 months of the date of approval but has not continued in good faith to completion, he or she shall initiate the process to terminate the approval pursuant to Division 6 of this article. Upon written petition and with cause, the Zoning Administrator may grant a one-time extension not to exceed six months.
B. 
Cessation of use. If the Zoning Administrator determines that a conditional use has ceased to operate for any reason, whether intentional or otherwise, for more than 12 continuous months, he or she shall initiate the process to terminate the approval pursuant to Division 6 of this article.
Following approval of a conditional use permit, the Planning Commission shall review all proposed changes to the approval. If in the opinion of the Commission the proposed change constitutes a minor alteration, the Commission may approve the requested change in writing at a regular or special meeting of the Commission without following the application and review procedure in this division. If the proposed change constitutes a major alteration, the application and review procedure in effect at the time of submittal shall be followed.
If a property owner does not comply with one or more conditions of approval, such action shall be deemed a violation of this chapter and cause for termination of the approval consistent with Division 6 of this article.
A. 
Appeal relating to procedural requirements. An aggrieved person who claims the required procedural requirements were not followed, in whole or in part, may file a written appeal with the Zoning Board of Appeals prior to issuance of a final decision or within 30 days of issuance of a final decision. If an appeal is filed with the Zoning Board of Appeals prior to issuance of a final decision, the Zoning Administrator, at his or her discretion, with concurrence of the applicant, if not the appellant, may suspend the review process until such time as the deficiency is remedied. The Zoning Board of Appeals shall only consider the procedural requirements and may not alter the decision of the Planning Commission. If the Zoning Board of Appeals determines that a procedure, in whole or in part, was not followed as required, the review process shall not progress until such time as the deficiency has been remedied or the decision shall be stayed until such time as the deficiency and subsequent steps have been completed.
B. 
Appeal relating to Zoning Board of Appeals decision or relating to the substantive decision. An aggrieved person may appeal the final decision of the Zoning Board of Appeals or the final decision of the Planning Commission to a court of competent jurisdiction within 30 days of the final decision.