[Amended 3-8-2005; 7-10-2018]
The purpose of this article is to provide procedures and authority
to approve certain uses that, because of their unique characteristics,
cannot be properly classified as unrestricted permitted uses in a
particular zoning district, without consideration, in each case, of
the performance of those uses against criteria in this article. Such
uses, nevertheless, may be necessary or desirable to be conditionally
allowed in a particular district provided that such criteria are met.
A.
Initiation of conditional use permit application. Any person, firm,
corporation or organization having a freehold interest, a possessory
interest entitled to exclusive possession, or a contractual interest
that may become a freehold interest or an exclusive possessory interest
in the land for which a conditional use permit is sought may file
an application to use such land for one or more of the conditional
uses in the zoning district in which such land is located.
B.
Required application materials. An application for a conditional
use permit shall be filed with the Village Administrator on a form
prescribed by the Village, with such completed form including or accompanied
by the following information:
(1)
Names and addresses of the applicant, owner of the subject site,
architect, professional engineer, contractor, and other professionals
and advisors involved with the application.
(2)
Description of the site by address; parcel number; and lot, block,
and recorded subdivision or metes and bounds description. If the proposed
use is not in a single recorded lot, a plat of survey or certified
survey map may also be required.
(3)
A written statement describing the proposed use, including estimated
number of employees or residents, hours of operation, hours of service
truck delivery or pickup, projected employment or residential density,
and expected traffic generation and parking impact.
(4)
Written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with criteria set forth in § 225-50. The applicant must demonstrate that the application and all applicable requirements of this chapter will be satisfied.
(5)
Plans and drawings of any proposed site and building improvements,
including the following:
(a)
Site plan showing the location of existing and proposed buildings,
other structures, parking areas, traffic access, driveways, walkways,
open spaces, green space, signage, and lighting.
(b)
Building plan showing exterior building elevations, description
of exterior building materials, and general arrangement of interior
spaces.
(c)
Landscaping plan showing existing and proposed vegetation and
specifying the size and type of proposed plant materials .
(d)
Signage plan showing the dimensions, design, color, and illumination
of all ground signs and building signs.
(e)
Lighting plan for all exterior lighting, including all lighting
for parking areas, security lighting, and lighting for advertising
or building or sign illumination.
(f)
Utility, grading, erosion control, and stormwater management
plans.
(6)
Other information, such as a traffic study, as the Village Administrator,
Plan Commission, or Village Board may determine necessary to properly
evaluate the conditional use permit application.
C.
Fees. Each application for a conditional use permit shall be accompanied
by payment of a conditional use permit application fee in accordance
with the fee schedule adopted from time to time by the Village Board.[1] Each applicant shall also be responsible for reimbursement
of professional fees for consulting services that the Village determines
necessary in the review of the application and fulfillment of the
conditional use permit.
[1]
Editor's Note: The current fee schedule is on file at the
Clerk-Treasurer's office.
A.
Public hearing. Upon receipt of a complete conditional use permit
application, the Village Administrator shall schedule a public hearing
before the Plan Commission and forward the application to the Commission.
The Village Administrator shall cause to be published a Class 2 notice
under Chapter 985, Wis. Stats., indicating the time, place, and purpose
of such hearing.
B.
Plan Commission review and recommendation. Following the public hearing, the Plan Commission shall make a recommendation to the Village Board to grant, deny, or conditionally grant the conditional use permit, utilizing the criteria in § 225-50, or shall refer the application to the Village Board without recommendation.
C.
Village Board review and approval. Following the recommendation or referral of the Plan Commission, the Village Board shall grant, deny, or conditionally grant the conditional use permit utilizing the criteria in § 225-50. Any decision to deny a permit shall be accompanied by Board findings that the application does not meet one or more criteria.
D.
Notice. The Village Administrator shall provide to each applicant
of an approved conditional use permit said permit, and shall retain
a copy of said permit on file with the Village. Said permit shall
contain clear descriptions of the use and the land to which the conditional
use permit applies and any conditions of approval. In the case of
denial of a conditional use permit, the Zoning Administrator shall
provide written notification to the applicant that the conditional
use permit was denied, including the Board findings supporting denial.
E.
Appeal. If the Village Board denies the conditional use permit, the
applicant may appeal the decision to the Circuit Court under associated
procedures in Wis. Stats.
F.
Alteration or expansion of conditional use. Following initial approval and establishment of the conditional use, no alteration, expansion of a structure, change of use, or increase in the intensity of an approved conditional use shall be permitted unless first approved by the Village Board, following submittal of a new application per § 225-48 and the procedure in this section.
A.
Effect of applicant agreement. If the applicant meets, or agrees
to meet, all of the applicable requirements specified in this chapter
and conditions imposed by the Village Board, the Board shall, under
§ 62.23(7)(de)2a, Wis. Stats., grant the conditional use
permit. The Board may require written agreement from the applicant
in a form prescribed by the Village Attorney.
B.
Substantial evidence required. Per § 62.23(7)(de)1b, Wis.
Stats., any decision to grant or deny the permit must be supported
by facts and information, other than merely personal preferences or
speculation, directly pertaining to the requirements and conditions
the applicant must meet to obtain a conditional use permit and that
reasonable persons would accept in support of such a conclusion.
C.
Review criteria. To the extent consistent with Subsections A and B, no conditional use permit shall be recommended by the Plan Commission or granted by the Village Board unless the associated body first finds that all of the following criteria are met:
(1)
The conditional use will be consistent with the Comprehensive Plan.
(2)
The conditional use shall conform to the purpose and all regulations
applicable within the district in which the use is proposed to be
located.
(3)
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.
(4)
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.
(5)
The use, building(s), and other proposed improvements will be compatible
with land uses, land use intensities, land use impacts, buildings,
and other improvements on neighboring land.
(6)
The conditional use will not impede the normal and orderly development
and improvement of the surrounding property for uses permitted in
the district.
(7)
Adequate utilities, access streets, stormwater management, and other
necessary improvements serving the site and use have been or are being
provided.
(8)
Adequate measures have been or will be taken to minimize traffic
congestion and excess parking in the public streets, and adverse traffic
and parking impacts on adjoining or nearby properties.
D.
Conditions, restrictions and guarantees. In conjunction with the granting of any conditional use permit, the Village Board may stipulate conditions on the conditional use as it deems necessary to meet the criteria in Subsection C. Any condition must be related to the purpose of this chapter, reasonable, measurable to the extent practicable, and based on substantial evidence, and may relate to:
(1)
Site design and setbacks.
(2)
Design, materials, or color of structures.
(3)
Landscaping.
(4)
Signage.
(5)
Lighting.
(6)
Fencing or screening.
(7)
Construction commencement and/or completion dates.
(8)
Hours of operation.
(9)
Duration of use.
(10)
Parking and traffic circulation.
(11)
Access restrictions.
(12)
Transfer limitations.
(13)
Deed restrictions.
(14)
Sureties and guarantees.
E.
Conditional use permit normally runs with land. Unless the Board
grants a conditional use permit subject to a transfer limitation,
the conditional use shall run with the land, and all requirements
of the approved conditional use permit shall be continued regardless
of ownership or operation of the land or use.
A.
Violations. The Village Administrator shall notify the property owner, operator, or both of any purported violation of the conditional use permit and seek or suggest an appropriate remedy. Any violation of an approved conditional use permit shall be subject to enforcement and penalties under Article XX.
C.
Possible revocation or modification. A conditional use permit may be revoked or modified by the Village Board where the Board determines that any aspect of the use is not in compliance with this chapter or the approved conditional use permit. The process to consider revocation or modification shall follow § 225-49, except that the Village Administrator, Plan Commission, or any member of the Board may initiate the process.
D.
Notification. The Village Administrator shall notify the owner of
the land and the operator of the conditional use of any revocation
or modification under this section and shall seek modification or
elimination of the conditional use.
