[Ord. No. 19-2020, 6-8-2020]
This chapter identifies certain uses that, because of their unique or widely varying characteristics or their potential adverse impacts on adjacent land uses, are not permitted as a matter of right but that may be approved through case by-by-case review as a conditional use. They are subject to the conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address specific reasonable concerns, or to deny the use if the concerns cannot be resolved.
[Ord. No. 19-2020, 6-8-2020]
Applications for approval of a conditional use may be initiated by the Village Board or filed by an eligible applicant or an eligible applicant's authorized agent. (See § 90-510.40.)
[Ord. No. 19-2020, 6-8-2020]
Figure 90-550-1
Conditional Uses
090 Fig 90-550-1.tif
Before filing a conditional use application, the applicant or the applicant's authorized agent must meet with the Community Development Director to discuss the proposed amendment and the applicable procedures.
[Ord. No. 19-2020, 6-8-2020]
Conditional use applications must be filed with the Community Development Director.
[Ord. No. 19-2020, 6-8-2020]
The Community Development Director must review the proposed conditional use and prepare a recommendation for consideration by the Plan Commission and Village Board.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Published. Notice of the Village Board's public hearing on a conditional use application must be published in accordance with the Class 2 notice requirements of Ch. 985, Wis. Stats.
(b) 
Mailed. Public hearing notices must be mailed to all of the following at least 10 days before the Village Board's public hearing:
(1) 
The subject property owner; and
(2) 
All owners of property within 300 feet of the subject property.
(c) 
Posted. Public hearing notice signs must be posted in accordance with the posted notice sign provisions of § 90-510.70.
[Ord. No. 19-2020, 6-8-2020]
Applications for approval of a conditional use must be referred to the Plan Commission for consideration in a public meeting. Following review of the proposed Zoning Map amendment, the Plan Commission must act to recommend that the conditional use application be approved, approved with modifications, or denied. The Plan Commission's recommendation must be transmitted to the Village Board.
[Ord. No. 19-2020, 6-8-2020]
Upon receipt of the Plan Commission's recommendation, the Village Board must hold a public hearing on the proposed conditional use. Following the close of the public hearing, the Village Board must act to approve, approve with modifications or deny the proposed Zoning Map amendment. If the Plan Commission's recommendation has not been forwarded to the Village Board within 60 days of referral of the proposed conditional use to the Plan Commission, the Village Board may hold the required hearing and take action without receipt of the recommendation.
[Ord. No. 19-2020, 6-8-2020]
(a) 
In reviewing and taking final action a proposed conditional use the Plan Commission and Village Board must review each application to determine whether the proposed use complies with regulations applicable to that specific use and with all other relevant provisions of this chapter.
(b) 
The Village Board's decision to approve or deny a conditional use must be supported by substantial evidence.
(c) 
To aid in review of and decisionmaking on proposed conditional uses, the Plan Commission and Village Board must evaluate at least the following criteria, which are deemed reasonable and, to the extent practicable, measurable:
(1) 
Whether the establishment, maintenance or operation of the conditional use will be detrimental to or endanger the public health, safety, or general welfare.
(2) 
Whether the Village is able to provide municipal services to the property where the conditional use is proposed, given due consideration of the cost of providing those services.
(3) 
Whether the uses, values and enjoyment of other property in the neighborhood for purposes already established will be substantially impaired or diminished in any foreseeable manner.
(4) 
Whether the establishment of the conditional use will impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
(5) 
Whether adequate utilities, access roads, drainage, parking supply, internal circulation improvements, including but not limited to vehicular, pedestrian, bicycle, public transit and other necessary site improvements have been or are being provided.
(6) 
Whether measures have been or will be taken to provide adequate ingress and egress, including all off-site improvements, so designed as to minimize traffic congestion and to ensure public safety and adequate traffic flow, both on site and on the public streets.
(7) 
Whether the conditional use conforms to all applicable regulations of the district in which it is located.
(d) 
An applicant's failure to demonstrate, by substantial evidence, that the application and all applicable requirements in this chapter and conditions established by the Village relating to the conditional use are or will be satisfied constitute grounds to deny the conditional use. At all times the burden of proof to demonstrate satisfaction of these criteria remains with the applicant.
[Ord. No. 19-2020, 6-8-2020]
In approving a conditional use application, the Village Board may impose conditions and requirements that it determines are necessary to prevent or minimize adverse effects from the proposed use on other properties in the area and on the general health, safety, and welfare of the Village.
(a) 
Any conditions or requirements imposed must be:
(1) 
Reasonable.
(2) 
Measurable, to the extent practical;
(3) 
Consistent with the general purpose of this chapter; and
(4) 
Based on substantial evidence.
(b) 
The applicant must demonstrate, by substantial evidence, that all conditions or requirements imposed will be met.
[Ord. No. 19-2020, 6-8-2020]
If the Village Board denies approval of the conditional use, no application requesting approval of the same conditional use on the subject property may be filed for or accepted for processing by the Village for one year from the date of final action by the Village Board unless the Village Board expressly acts to deny the previous application without prejudice or the new application is substantially different than the one that was denied.
[Added 10-18-2023 by Ord. No. 22-2023]
Any person aggrieved by any final decision on a conditional use permit may appeal the decision directly to circuit court under the procedures contained in § 62.23(7)(de)5, Wis. Stats., in accordance with state law. Administrative appeals relating to an error by an administrative official or body during a conditional use process will be heard by the Board of Zoning Appeals per Division 90-570.