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.
The owner of the subject property may submit an application
for the establishment of a conditional use.
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.
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.
The staff report should include preliminary findings for the
decision criteria listed in this division and other information deemed
appropriate.
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.
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.