The development and execution of this article are 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, is 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 at 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, after a public hearing and recommendation from the Plan Commission, shall, within a reasonable time, grant or deny any application for a conditional use. Prior to the granting of a conditional use, the Board shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
B. 
Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and interstate and controlled access traffic ways, and within 1,500 feet of their existing or proposed interchange or turning lane rights-of-way, shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Village Board shall request such review and await the highway agency's recommendation for a period not to exceed 60 days before taking final action.
C. 
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 Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
D. 
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.
A. 
Filing of application. An application for a conditional use shall be filed with the Clerk-Treasurer on a form prescribed by the Village. The application shall be accompanied by such plans and other information as may be prescribed by the Zoning Administrator or Village Board and shall include a statement, in writing, by the Plan Commission and applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 298-32 hereinafter. The Village Board may require such other information as may be necessary to determine and provide for an 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; and plans of buildings, sewage disposal facilities and water supply systems and arrangements of operations.
[Amended 3-13-2024]
B. 
Application information. Applications for conditional use permits shall be made in duplicate to the Clerk-Treasurer on forms furnished by the Village and shall include the following:
(1) 
Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.
(2) 
Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.
(3) 
Plat of survey prepared by a registered land surveyor showing all of the information required under § 298-9 for a zoning permit and, in addition, the following: mean and historic high-water lines on or within 40 feet of the subject premises and existing and proposed landscaping.
(4) 
Additional information as may be required by the Village Board, Plan Commission, Village Engineer, and Zoning Administrator.
[Amended 3-13-2024]
(5) 
Fee receipt from the Village Clerk-Treasurer in the amount as established by the Village Board.
Upon receipt of the application and statement referred to in § 298-29 above, the Village Board shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Board. The hearing shall be conducted and a record of the proceedings shall be preserved in such manner and according to such procedures as the Village Board shall, by rule, prescribe from time to time. The Plan Commission shall submit a recommendation to the Village Board regarding the application.
[Amended 3-13-2024]
Notice of the time, place and purpose of such hearing shall be given by publication as a Class 2 notice under the Wisconsin Statutes in the official Village paper. 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 the owners of record, as listed in the office of the 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.
A. 
No application for a conditional use shall be granted by the Village Board or be recommended for approval by the Plan Commission unless such Board 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.
B. 
When applying the above standards to any new construction of a building or an addition to an existing building the Village Board 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. 
In addition, in passing upon a conditional use permit, the Village Board and 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.
When a conditional use application is denied, the Village Board shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate reasons the Board has used in determining that each standard was not met.
The following conditions shall apply to all conditional uses:
A. 
Prior to the granting of any conditional use, the Plan Commission may recommend and the Village Board 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 § 298-32 above. In all cases in which conditional uses are granted, the Board shall require such evidence and guaranties 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. 
The Village Board shall evaluate each application and may request assistance from any source which can provide technical assistance. The Board 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. 
No alteration of a conditional use shall be permitted unless approved by the Village Board.
Where the Village Board has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Board's action unless the use is commenced, construction is underway or the current owner possesses 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.
[Amended 3-13-2024]
A. 
The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved 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 imposed prior to or after approval or violation of any other provision of this Code.
B. 
Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 298-32 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 298-31 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.
C. 
The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 298-32 or conditions previously imposed by the Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in Subsection A(1) and (2) in § 298-32 will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator and the Village Attorney to seek elimination of the subject use.
D. 
Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor.
[Added 9-11-1997]
The following standards, and not the standards contained in the schedules of district regulations, shall be applied to the construction of townhouses:
A. 
The overall density shall not exceed 15 dwelling units per acre.
B. 
The average lot width shall be at least 20 feet; however, no individual lot shall be narrower than 18 feet.
C. 
The average maximum lot coverage of principal and accessory buildings shall not exceed 50%, and no individual lot shall be covered more than 60%.
D. 
The average front yard setback shall be 20 feet, but no building shall be located closer to the front property line than 15 feet.
E. 
Side yards of not less than 20 feet in width shall be provided at least every 160 feet and for every corner lot; zero lot lines are permitted in between.
F. 
The rear yard shall be not less than 20% of the depth of the lot.
G. 
No structure shall be higher than three stories or 35 feet.
H. 
One off-street parking space of not less than 180 square feet in area, exclusive of access drive or aisle, shall be provided for each dwelling unit.