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. This division describes the requirements and procedures for reviewing a conditional use, including an amendment of an approved conditional use.
A. 
General applicability. Those land uses designated as a conditional use in the land-use matrix (Appendix A[1]) must comply with the requirements in this division.
[1]
Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.
B. 
Limitation due to nonconforming lot. In the event a lot is classified as a nonconforming lot (e.g., lot area, lot width), all conditional uses are prohibited, unless the Plan Commission determines, on a case-by-case basis, that the nature of the nonconformity does not affect the appropriateness of the lot for the conditional use. Any such determination in the affirmative shall have no bearing on the Plan Commission's recommendation and/or Village Board's decision under this division.
C. 
Limitation due to a nonconforming use on the lot. In the event a lot has a nonconforming use, all conditional uses are prohibited, unless the Plan Commission determines, on a case-by-case basis, the nonconforming use and a proposed conditional use are compatible. Any such determination in the affirmative shall have no bearing on the Plan Commission's recommendation and/or Village Board's decision under this division.
D. 
Limitation due to existing conditional use on the lot. In the event a lot has an approved conditional use, all other conditional uses are prohibited, unless the Plan Commission determines, on a case-by-case basis, that the existing and proposed conditional uses are compatible. Any such determination in the affirmative shall have no bearing on the Plan Commission's recommendation and/or Village Board's decision under this division.
The owner of the subject property may submit an application for the establishment of a conditional use.
A. 
Review and approval. The Plan Commission and Village Board shall review existing and proposed site conditions, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, the proposed operation, and other factors the Plan Commission and/or Village Board determines are appropriate when considering a conditional use application.
B. 
Steps in the review process. The general steps outlined below shall be used in the review of a conditional use application.
(1) 
Presubmittal meeting with staff. Before submitting an application, the applicant or the applicant's agent must meet with the Zoning Administrator to review applicable regulations and procedures and the proposal. Upon request, the Zoning Administrator may waive the requirement to hold a presubmittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the Village's zoning requirements.
(2) 
Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
(3) 
Determination of completeness. The Zoning Administrator reviews the application to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
(4) 
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Village Board and the Plan Commission consistent with its adopted calendar.
(5) 
Special notice to Department of Natural Resources. If the application relates to the floodplain regulations in this chapter, the Zoning Administrator shall send a copy of the application and public hearing notice to the regional office of the Wisconsin Department of Natural Resources at least 10 calendar days before the date of the public hearing.
(6) 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator shall provide for i) a Class 2 public notice, ii) property owner notice, and iii) meeting agenda notice.
(7) 
Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.
(8) 
Public hearing. Allowing for proper notice, the Village Board and the Plan Commission conduct a joint public hearing to review the application consistent with Division 3 of Article 4, with the Village President serving as the presiding officer. Prior to the close of the public hearing, the applicant, Village Board, or the Plan Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing is adjourned, the Village Board and/or Plan Commission may direct the Zoning Administrator, the Village Engineer, and/or Village Attorney to conduct additional research. In addition, the Plan Commission may direct the Zoning Administrator to prepare such documents it deems necessary, including a preliminary decision document.
(9) 
Staff follow-up. After the close of the public hearing, the Plan Commission may direct the Zoning Administrator to prepare a preliminary decision document.
(10) 
Plan Commission recommendation. After the public hearing has been closed, the Plan Commission will make a recommendation to the Village Board for approval or denial. The recommendation shall state the terms of the approval or reasons for denial as set forth in a draft conditional use order. The burden of proof is on the applicant to prove they have met the standards of the chapter and those set forth by the Plan Commission/Village Board during the process.
(11) 
Village Board meeting. Allowing for proper notice, the Village Board considers the application at a regular or special meeting.
(12) 
Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, if any, and the Plan Commission's recommendation, the Village Board makes a decision to i) approve the conditional use, ii) approve the conditional use with conditions, or iii) deny the conditional use.
(13) 
Preparation of final decision document. Based on the action of the Village Board, the Zoning Administrator prepares a final decision document consistent with this division, subject to the direction given by the Village Board.
(14) 
Applicant notification. Within a reasonable time following the Village Board's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
(15) 
Notification to Department of Natural Resources. If the application relates to the floodplain regulations in this chapter, the Zoning Administrator sends a copy of the decision document to the regional office of the Wisconsin Department of Natural Resources via regular mail and/or email within 10 calendar days of the date of decision.
(16) 
Acceptance by property owner. If the application is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.
(17) 
Public record copy. A copy of the decision document is retained as a public record.
(18) 
Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the Zoning Administrator records the decision document against the subject property in the office of the Washington County register of deeds.
(19) 
Administrative steps. If the conditional use is approved and the Zoning Administrator has created a map showing conditional uses, the Zoning Administrator adds the conditional use to that map.
A. 
The Plan Commission, in making its recommendation, and the Village Board, in making its final decision, must consider whether the proposal complies with:
(1) 
The standard conditions of approval set forth in § 170.356;
(2) 
Each of the special conditions of approval set forth in § 170.355;
(3) 
Each of the performance standards set forth in Article 6;
(4) 
Each of the development standards prescribed for the requested conditional use;
(5) 
All other applicable sections of the Zoning Code; and
(6) 
All other applicable sections of the Municipal Code, including the Village's groundwater regulations.
B. 
In addition, the Plan Commission in making its recommendation and the Village Board in making its decision must determine whether the proposed conditional use is compatible with surrounding properties, whether in the same or different zoning districts. In making this determination, the Plan Commission and Village Board must determine whether the petitioner has demonstrated there are no adverse effects on surrounding properties or that potentially adverse effects have been eliminated or reduced to an acceptable level. Approaches that could be employed to mitigate potentially adverse effects will depend on the particular circumstances but may include:
(1) 
Adjusting the location of the use, or parts thereof, on the subject property;
(2) 
Limiting hours of operation;
(3) 
Limiting the size or scope of the use, or parts thereof;
(4) 
Controlling how the use is managed on an on-going basis;
(5) 
Providing additional landscaping;
(6) 
Providing additional screening; and
(7) 
Limiting operations conducted out-of-doors, if otherwise allowed.
C. 
The recommendation of the Plan Commission and the decision by the Village Board must be based on "substantial evidence" as defined in Wisconsin State Statutes.
A. 
Generally. Based on substantial evidence, the Plan Commission may recommend and the Village Board 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, operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety, or general welfare. Examples of such conditions are listed below.
Issue
Potential Condition
1.
Hours of operation
Limit hours of operation to hours to be more compatible with surrounding uses.
2.
Buffering
Require more of a buffer than what is otherwise required by this chapter. Buffering may include landscaping, walls or fences, berms, and other features to physically separate adjoining uses.
3.
Maximum floor area
Establish a maximum floor area that may be less than what is otherwise allowed.
4.
Maximum number of patrons
Limit the size of the use by establishing maximum patron loads, often by seats and/or tables
5.
Uses within buildings
Limit commercial uses to the first floor of a multistory building.
6.
Number and/or location of entrances
Design the site and building so that entrances are located in areas away from adjoining properties.
7.
Outdoor activity
Restrict locations and/or times of outdoor activity.
8.
Outdoor storage
Establish a maximum area for outdoor storage that may be less than what is otherwise allowed.
9.
Take-out food service
Prohibit drive-up service windows and/or walk-up service windows in certain areas of the property (e.g., near a residential use). If these are allowed, limitations could be set.
10.
Delivery services
Prohibit delivery services that entail frequent trips or establish upper limits on the activity.
11.
Signage
Prohibit signage in areas of the property that may cause an impact on surrounding areas.
B. 
Limitation on imposing conditions. A condition of approval shall not lessen a development standard or other requirement in this chapter.
C. 
Effect on contracts with another party. The review authority 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.[1]
[1]
Editorial Note: See § 62.23(7)(gm), Wis. Stats. The Village, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.
The terms and conditions listed below are automatically incorporated into a conditional use order authorizing a use, unless otherwise stated in the conditional use order.
A. 
Any use not specifically listed as permitted shall be considered to be prohibited except as may be otherwise specifically provided herein. In case of a question as to the classification of use, the question shall be submitted to the Plan Commission for determination.
B. 
No use is hereby authorized unless the use is conducted in a lawful, orderly, and peaceful manner. Nothing in this order shall be deemed to authorize any public or private nuisance or to constitute a waiver, exemption or exception to any law, ordinance, order or rule of either the municipal governing body, Washington County, the State of Wisconsin, the United States of America or other duly constituted authority, except only to the extent that it authorizes the use of the subject property above described in any specific respects described herein. This order shall not be deemed to constitute a building permit, nor shall this order constitute any other license or permit required by Village ordinance or other law.
C. 
The approved conditional use shall be confined to the subject property described, without extension or expansion other than as noted herein, and shall not vary from the purposes herein mentioned unless expressly authorized in writing by the Plan Commission as being in compliance with all pertinent ordinances.
D. 
All buildings and grounds shall be maintained in a neat, attractive and orderly way consistent with the Village's chapter of the Village Code which deals with property maintenance.[1]
[1]
Code Editor's Note: See Ch. 286, Property Maintenance.
E. 
The property shall comply with all rules and regulations of the Village of Richfield and the local fire company, including submission to routine inspections by the Village staff and fire company staff.
F. 
Prior to the execution of the conditional use permit, the applicant must obtain any and all approvals that must be obtained before the use may be established or the commencement of any land-disturbing activity related to the approved conditional use.
G. 
Should the permitted conditional use be abandoned in any manner, or discontinued in use for 12 months, or continued other than in strict conformity with the conditions of the original approval, or should the petitioner be delinquent in payment of any monies due and owing to the Village, or should a change in the character of the surrounding area or the use itself cause it to be no longer compatible with the surrounding area or for similar cause based upon consideration of public health, safety or welfare, the conditional use may be terminated by action of the Plan Commission, pursuant to the enforcement provisions of this conditional use order, and all applicable ordinances.
H. 
Any change, addition, modification, alteration and/or amendment of any aspect of this conditional use, including but not limited to an addition, modification, alteration, and/or amendment to the use, premises, structures, lands or owners, other than as specifically authorized herein, shall require a new permit, and all procedures in place at the time must be followed.
I. 
Unless this conditional use order expressly states otherwise, plans that are specifically required by this conditional use order may be amended upon the prior approval of the Plan Commission if the Plan Commission finds the plan amendment to be minor and consistent with the conditional use permit. Any change in any plan that the Plan Commission feels, in its sole discretion, to be substantial shall require a new permit, and all procedures in place at the time must be followed.
J. 
As a condition precedent to the issuance of the conditional use permit, the owner of the subject property shall approve the issuance of this conditional use order upon the terms and conditions described herein in writing, and the petitioner is required to accept the terms and conditions of the same in its entirety in writing.
K. 
The petitioner shall, on demand, reimburse the Village for all costs and expenses of any type that the Village incurs in connection with this application, including the cost of professional services incurred by the Village (including engineering, legal, planning and other consulting fees) for the review and preparation of the necessary documents or attendance at meetings or other related professional services for this application, as well as for any actions the Village is required to take to enforce the conditions in this conditional approval due to a violation of these conditions.
L. 
Any unpaid bills owed to the Village by the subject property owner or his or her tenants, operators or occupants, for reimbursement of professional fees (as described above); or for personal property taxes; or for real property taxes; or for licenses, permit fees or any other fees owed to the Village; shall be placed upon the tax roll for the subject property if not paid within 30 days of billing by the Village, pursuant to § 66.0627, Wis. Stats. Such unpaid bills also constitute a breach of the requirements of this conditional approval that is subject to all remedies available to the Village, including possible cause for termination of this approval.
M. 
The petitioner is obligated to file with the Village Clerk a current mailing address and current phone number at which the petitioner can be reached, which must be continually updated by the petitioner if such contact information should change, for the duration of the conditional use. If the petitioner fails to maintain such current contact information, the petitioner thereby automatically waives notice of any proceedings that may be commenced under this conditional approval, including proceedings to terminate this conditional use.
N. 
All conditions of approval imposed by duly adopted motion of the Village Board in its consideration of the petitioner's application, as noted in the minutes of the Village Board meeting at which approval was granted, are specifically incorporated herein by reference.
O. 
Should any paragraph or phrase of this conditional use order be determined by a court to be unlawful, illegal or unconstitutional, said determination as to the particular phrase or paragraph shall not void the rest of the conditional use order and the remainder shall continue in full force and effect.
P. 
If any aspect of this conditional use order or any aspect of any plan contemplated and approved under this conditional use is in conflict with any other aspect of the conditional use or any aspect of any plan of the conditional use, the more restrictive provision shall be controlling as determined by the Plan Commission.
Q. 
If the property owner/operator is a business entity, such as a limited liability company or a corporation, such entity shall for the life of the conditional use continuously maintain a registered office in the State of Wisconsin as evidenced by registration with the Wisconsin Department of Financial Institutions.
R. 
The property owner shall not change the size and/or shape of the subject property by any means without the approval of the Village Board. If the Village Board determines that a proposed change is substantial with regard to the overall size of the parcel and/or configuration, such change shall require issuance of a new conditional use approval pursuant to the requirements in effect at the time of application.
S. 
This approval is given under the Village's Zoning Code and is not to be, in any way, interpreted to abrogate any private rights other property owners may have pursuant to deed restrictions or restrictive covenants.
T. 
If this conditional use terminates for any reason, the property owner is obligated to remove any improvements specifically related to the conditional use and which cannot be utilized for an approved use (i.e., a use permitted by right or a different conditional use as approved).
U. 
In the event the subject property is found to be in violation and then brought into compliance, the Village Board reserves the right to impose periodic reviews to ensure continued compliance.
V. 
Following approval, the petitioner must meet with the Plan Commission every two years for the purpose of verifying compliance with the conditional use approval.
The application submittal shall include an application form as may be used by the Village and a project map prepared at an appropriate scale depicting the information listed in Appendix F.[1]
[1]
Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.
The staff report should include preliminary findings for the decision criteria listed in this division and other information deemed appropriate.
A. 
Approval. If the application for a conditional use is approved, the decision document should include the following:
(1) 
A statement that the conditional use is approved;
(2) 
A description of the conditional use;
(3) 
A description of where the conditional use will occur on the property;
(4) 
Reasons for the decision based on the criteria listed in this division;
(5) 
Conditions of approval that must be satisfied prior to the establishment of the conditional use, if any;
(6) 
Conditions of approval that must be complied with during the life of the conditional use, if any;
(7) 
A statement indicating that the property owner must sign the decision document and return it to the Zoning Administrator to acknowledge acceptance of the same;
(8) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(9) 
A statement that an aggrieved person, other than the applicant, 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;
(10) 
A statement indicating the nature of the approval (i.e., personal to the property owner or runs with the land);
(11) 
Other information the Village Board or Zoning Administrator deems appropriate;
(12) 
The signature of the Zoning Administrator on behalf of the Village Board; and
(13) 
The date of the decision.
B. 
Denial. If the application for a conditional use is denied, the decision document should include the following:
(1) 
A statement that the conditional use is denied;
(2) 
A description of the project, including acreage and proposed use characteristics;
(3) 
Reasons for the decision based on the 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 Village Board or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the Village Board; and
(8) 
The date of the decision.
A conditional use order authorizing a conditional use shall remain in effect so long as the use complies with the terms and conditions of the order. The order may describe an administrative renewal process to allow for streamlined renewal of the conditional use order with a provision that allows the Plan Commission and/or the Village Board to remove the conditional use order from automatic renewal if there are concerns with compliance with the conditional use order or concerns raised by the public about the applicant's operations. If the Plan Commission or the Village Board pulls the conditional use order from automatic approval, the conditional use order shall remain in effect while the Plan Commission provides due process to the applicant in reviewing the conditional use order and its potential renewal.
A. 
Generally. Unless otherwise specified in the conditional use order, approvals run with the land.
B. 
Temporary uses. If a use is listed as a temporary use in the land use matrix (Appendix A[1]) and is approved by the Village Board as a conditional use, the use may be reestablished with the written approval of the Zoning Administrator if he or she determines that the use to be reestablished is substantially the same as what was originally approved and that the approved use did not create any potentially adverse impacts on the public health, safety, or welfare.
[1]
Code Editor's Note: Appendix A is included in Chapter 170A, Zoning Appendix.
A. 
Nonestablishment of use. If the Zoning Administrator determines that substantial work as authorized by a conditional use 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 13 of this article. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed six months, provided that:
(1) 
The permit holder requests the extension prior to the expiration of the approval;
(2) 
The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and
(3) 
The project complies with this chapter in effect at the time the extension is granted.
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 13 of this article.
Following approval of a conditional use, the Plan Commission shall review all proposed changes to the approval. If in the opinion of the Plan Commission, the proposed change constitutes a minor alteration, the Plan Commission may approve the requested change in writing at a regular or special meeting of the Plan Commission without following the review procedure in this division. If the proposed change constitutes a major alteration, the review procedure in effect at the time of submittal shall be followed.
An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.
Pursuant to § 66.1001(2m)(b), Wis. Stats., a conditional use approval that may be issued by the Village Board does not need to be consistent with the Village's adopted Comprehensive Plan.