The Village Plan Commission may issue a conditional
use permit for conditional uses after review and a public hearing,
provided that such conditional uses and structures are in accordance
with the purpose and intent of this chapter and are found to be not
hazardous, harmful, offensive, or otherwise adverse to the environment
or the value of the neighborhood or the community.
[Amended 3-8-2010 by Ord. No. 2-10]
Application for conditional use permits shall
be made in duplicate to the Village Plan Commission on forms furnished
by the Village Clerk and shall include the following where pertinent
and necessary for proper review by the Village Plan Commission:
A.
Names and addresses of the applicant, owner of the
site, architect, professional engineer, contractor, and all opposite
and abutting property owners of record.
B.
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 is located.
C.
Plat of survey prepared by a land surveyor registered in Wisconsin, or other map drawn to scale and approved by the Village Plan Commission, showing all of the information required under § 270-115 for a building permit; the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site; soil mapping unit lines, types and slopes; ground surface elevations; mean and historic high-water lines on or within 40 feet of the subject premises; and existing and proposed landscaping when so required by the Village Plan Commission.
D.
Additional information as may be required by the Village
Board, Village Plan Commission, Village Engineer or Building Inspector.
E.
Fee receipt from the Village Treasurer in the minimum amount set forth in § 270-117. Costs incurred by the Village in retaining legal, planning, engineering, and other technical and professional advice in connection with the review of conditional use applications and the preparation of conditions to be imposed on such uses shall be charged to the applicant.
[Amended 4-12-2021 by Ord. No. 4-21]
The Village Plan Commission shall hold a public
hearing on each application giving public notice by publication of
a Class 2 notice under Chapter 985, Wis. Stats., indicating the time,
place and purpose of such hearing. The Plan Commission may subsequently
issue the conditional use permit with appropriate conditions, deny
the permit with reasons, or require the submittal of a modified application.
[Amended 4-12-2021 by Ord. No. 4-21]
The Plan Commission 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 proposed operation.
A.
The Plan
Commission's decision shall be based on substantial evidence. In this
article, "substantial evidence" means facts and information, other
than merely personal preferences or speculation, directly related
to the requirements and conditions the applicant must meet to obtain
a conditional use permit and that reasonable persons would accept
in support of a conclusion.
B.
If the
applicant for a conditional use permit meets or agrees to meet all
of the requirements and conditions specified in this chapter or those
imposed by the Plan Commission, the Plan Commission shall grant the
conditional use permit.
C.
The following
standard conditions shall apply to every conditional use permit:
(1)
The
permit shall become effective upon execution by the property owner
of an acceptance of the permit conditions in such form acceptable
to the Village as to constitute an effective covenant running with
the land;
(2)
Operation
of the use permitted shall be in strict conformity to the application
and any and all plans and supporting documents submitted therewith
and the terms of the permit;
(3)
The
permittee and its agents and assigns shall comply with the requirements
and provisions of all Village ordinances and state statutes and regulations
and all other applicable regulations of any kind.
D.
Conditions
such as landscaping, architectural design, type of construction, anchoring
of structures, construction commencement and completion dates, sureties,
lighting, fencing, planting screens, operational control, hours of
operation, improved traffic circulation, deed restrictions, highway
access restrictions, increased yards, or parking requirements may
be required by the Plan Commission upon its finding that these are
necessary to fulfill the purpose and intent of this chapter.
E.
Any condition
imposed must be related to the purpose of this chapter, must be based
on substantial evidence, must be reasonable and, to the extent practicable,
measurable, and may include conditions such as the permit's duration,
transfer and renewal. The applicant must demonstrate that the application
and all requirements and conditions established by the Plan Commission
relating to the conditional use permit are or shall be satisfied,
both of which must be supported by substantial evidence. The Plan
Commission's decision to approve or deny a permit must be supported
by substantial evidence.
F.
Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access, shall be required of all conditional uses. Variances shall only be granted as provided in Article XII of this chapter.
G.
No application
which has been denied (either wholly or in part) shall be resubmitted
for a period of 12 months from the date of the order of denial, except
on grounds of new evidence or proof of change of factors found valid
by the Plan Commission.
H.
Once issued,
the conditional use permit shall remain in effect as long as the conditions
upon which the permit was issued are followed and regardless of ownership
of the subject property, unless the Plan Commission includes a condition
pertaining to the permit's duration, transfer or renewal.
I.
Changes
subsequent to the initial issuance of a conditional use permit that
would result in a need to change the initial conditions shall require
an amendment to the conditional use permit. Enlargement of a conditional
use shall be considered an amendment. The process for amending a conditional
use permit shall generally follow the procedures for granting a permit
as set forth herein.
J.
Should
a permit applicant or the applicant's heirs or assigns fail to comply
with the conditions of the permit issued by the Plan Commission or
should the use or characteristics of the use be changed without prior
approval by the Plan Commission, the conditional use permit may be
revoked. The process for revoking a conditional use permit shall generally
follow the procedures for granting a permit as set forth herein.
K.
All conditional
use permits shall be granted or denied within 60 days after application,
unless the time is extended by mutual consent of the applicant and
the Village Plan Commission
L.
Appeals
from the decision of the Plan Commission shall be to the Circuit Court
pursuant to § 62.23(7)(de), Wis. Stats.
The following public and semipublic uses shall
be conditional uses and may be permitted as specified:
A.
Airports, airstrips, and landing fields in the I-1
Institutional District, the M-1 and M-2 Manufacturing Districts, and
the A-1 Agricultural District, provided that the site is not less
than 20 acres.
B.
Governmental and cultural uses, such as fire and police
stations, community centers, libraries, public emergency shelters,
parks, playgrounds, and museums, in all residential and business districts,
in the M-1 and M-2 Manufacturing Districts, and in the P-1 Park District.
C.
Utility substations, wells, pumping stations, and
towers in all districts, provided all principal structures and uses
are not less than 50 feet from any residential district lot line.
D.
Public passenger transportation terminals, such as
heliports and bus and rail depots, but excluding airports, airstrips,
and landing fields, in all business districts and in the M-1 and M-2
Manufacturing Districts, provided that uses are not less than 100
feet from any residential district boundary.
E.
Public, parochial, and private elementary and secondary
schools and churches in all residential districts and the P-1 Park
District, provided the lot area is not less than two acres and all
principal structures and uses are not less than 50 feet from any lot
line.
F.
Penal and correctional institutions in the I-1 Institutional
District, provided that the site is not less than five acres and does
not abut upon a residential property.
G.
Cemeteries and crematories in the I-1 Institutional
District, provided that no structure is located closer than 50 feet
to any lot line.
H.
Solar energy collectors erected as an accessory structure
may be permitted in any district, provided that the structure shall
comply with all the yard and height requirements for the district
in which the solar collector is located, and provided that appropriate
landscape screening is provided.
[Amended 6-6-1994 by Ord. No. 21-94; 10-25-1999 by Ord. No. 53-99; 12-12-2000 by Ord. No.
42-00]
The following residential and quasi-residential
uses shall be conditional uses and may be permitted as specified:
A.
Clubs, fraternities, lodges, and meeting places of
a noncommercial nature in any residential district and the I-1 Institutional
District, provided all principal structures and uses are not less
than 25 feet from any lot line.
B.
Housing for senior citizens in the RM-2 Residence
District, the I-1 Institutional District, and on parcels of land which
were zoned RM-1 Multiple-Family Residence District prior to October
25, 1999. The Plan Commission shall determine the number of units
and density. Notwithstanding the floor area requirements for the RM-1
and RM-2 Multiple-Family Residence Districts, in housing for senior
citizens the Plan Commission may permit two-or-more-bedroom dwellings
with a minimum total area of 930 square feet per unit, and may permit
one-bedroom dwellings with a minimum total area of 660 square feet
per unit, provided that no more than 30% of all units in the senior
housing building may be less than 800 square feet.
[Amended 7-14-2008 by Ord. No. 14-08]
C.
Nursing homes, clinics, and day-care centers licensed
pursuant to § 48.65, Wis. Stats., in the RM-2 Residence
District and the I-1 Institutional District, provided all principal
structures and uses are not less than 50 feet from any lot line.
D.
Community living arrangements which have a capacity
for nine or more persons in the RD-1 and RD-2 Residence Districts.
E.
Community living arrangements which have a capacity
for 16 or more persons in the RM-1 and RM-2 Residence Districts.
F.
Community living arrangements in the I-1 Institutional
District. The Plan Commission shall determine the maximum capacity.
G.
Home industries in any residential district. A home industry is similar to a home occupation and shall generally be limited by the standards for home occupations set forth in § 270-10. The Plan Commission may, however, permit the conduct of a home industry in an accessory building. The Plan Commission may further permit the assembly and manufacturing of small-scale piece work or the use of nonhousehold appliances and tools when it is deemed not to be disruptive to the neighborhood.
H.
Churches in the RM-1 and RM-2 Residence Districts.
I.
Multiple-family dwellings with more than eight dwelling
units per structure but not more than 12 dwelling units per structure
in the RM-2 Residence District, and RM-2 zoning use and restrictions
on parcels of land which were zoned RM-1 Multiple-Family Residence
District prior to October 25, 1999.
J.
Dormitories for seasonal employees of a manufacturing
business operating within the Village in the M-2 General Manufacturing
District. The Plan Commission shall determine the number and floor
area of units, density, and maximum capacity.
[Added 11-12-2007 by Ord. No. 31-07]
K.
Community-based residential facilities, as defined in § 50.01(1)(g),
Wis. Stats., which have a capacity for 24 or more persons in the M-U
Mixed Use District.
[Added 7-8-2013 by Ord. No. 7-13]
L.
Multiple-family
dwellings for occupancy by adults aged 55 years and older with more
than eight dwelling units per structure in the M-U Mixed Use District.
[Added 7-8-2013 by Ord. No. 7-13]
The following commercial uses shall be conditional
uses and may be permitted as specified:
A.
Drive-in theaters in the B-2 Business District, provided
that a planting screen at least 25 feet wide is created along any
side abutting a residential district and no access is permitted to
or within 1,000 feet of an arterial street.
B.
Funeral homes in any business district and the I-1
Institutional District, provided all principal structures and uses
are not less than 25 feet from any lot line.
C.
Drive-in banks in all business districts.
D.
Drive-in restaurants in the B-2 Business District.
E.
Gasoline service stations in the B-1 and B-2 Business
Districts and in any manufacturing district, provided that all gas
pumps meet the setback requirements and are located not closer than
40 feet to any side lot line.
F.
Radio and television transmitting towers, receiving
towers, relay and microwave towers, and broadcast studios in the B-2
Business and I-1 Institutional Districts.
G.
Limited manufacturing concerns featuring an outlet
store and bearing the appearance of a retail establishment may be
permitted in the B-2 Business District.
H.
Roof-mounted satellite dish antennas in any business
or manufacturing district. Any satellite dish antenna in the B-1 Business
District or the P-1 Park District shall be considered a conditional
use.[1]
[Amended 1-12-2004 by Ord. No. 3-04]
[1]
Editor's Note: Original Sec. 13-1-46(i), Solar
collectors in the B-1 Business District, which immediately followed
this subsection, was repealed 1-12-2004 by Ord. No. 3-04.
I.
Automotive, implement and marine sales and service
in the B-2 Business District.
[Added 10-7-1996 by Ord. No. 33-96]
J.
Indian gaming in the B-2 Business District.
[Added 10-25-1999 by Ord. No. 53-99]
K.
Franchise automobile service shops in the B-2 Business
District.
[Added 4-10-2000 by Ord. No. 13-00]
L.
Automobile sales and service in the B-2 Business District
and the M-2 General Manufacturing District.
[Added 4-10-2000 by Ord. No. 13-00; amended 7-14-2008 by Ord. No. 17-08]
M.
Rental stores in the B-2 Business District.
[Added 4-10-2000 by Ord. No. 13-00]
N.
Business
activities that are permitted uses in the B-2 Community Business District
in the M-1 and M-2 Manufacturing Districts, when the Plan Commission
determines that the business activity will directly support the manufacturing
district and can be integrated into the overall plan for the manufacturing
district.
[Added 1-10-2011 by Ord. No. 2-11]
O.
Art studios and art galleries in any residential district.
[Added 7-11-2016 by Ord.
No. 8-16]
P.
Motorcycle
sales and storage in the B-1 Business District.
[Added 6-12-2023 by Ord. No. 02-23]
The following industrial and agricultural uses
shall be conditional uses and may be permitted as specified:
A.
Animal hospitals in the B-2 Business District and
the M-1 and M-2 Manufacturing Districts, provided all principal structures
and uses are not less than 100 feet from any residential use.
B.
Dumps, disposal areas and sewage treatment plants
in A-1 Agricultural Districts and M-2 Manufacturing Districts.
[Amended 1-12-2004 by Ord. No. 3-04]
C.
Processing and manufacturing of feeds prepared for
animals and fowl and storage of animal feeds, seeds, animal health
products, and lawn and garden equipment in the M-1 and M-2 Manufacturing
Districts, provided all storage operations are conducted within an
enclosed building.[1]
[Amended 1-12-2004 by Ord. No. 3-04]
[1]
Original Sec. 13-1-47(d), regarding hazardous
chemicals, which immediately followed this subsection, was deleted
1-12-2004 by Ord. No. 3-04.
D.
Lumber yards, millwork, sawmills, and planing mills
in the B-2 Business District and the M-1 and M-2 Manufacturing Districts
and millwork and storage in the A-1 Agricultural District.
[Amended 11-11-2002 by Ord. No. 24-02]
E.
Manufacturing and processing of dimension hardwood
flooring, veneer, and plywood in the M-1 and M-2 Manufacturing Districts.
F.
Freight yards, freight terminals, and transshipment
depots the M-1 and M-2 Manufacturing Districts.
G.
Commercial service facilities, such as restaurants
and fueling stations, in the M-1 and M-2 Manufacturing Districts,
provided that all such services are physically and saleswise oriented
toward manufacturing district users and employees and that other users
are only incidental customers.
[Amended 1-12-2004 by Ord. No. 3-04]
H.
Topsoil removal and the sale of topsoil removed from
a parcel is a conditional use in all districts except the C-1 Conservancy
District. The Plan Commission shall require the use of adequate soil
erosion control measures to prevent pollution of surface waters caused
by runoff.
I.
Landscape and snow-removal contractor offices and
yards with outside storage of landscape materials and equipment, and
sale of landscape materials at retail or wholesale, in the M-2 Manufacturing
District.
[Added 10-10-2005 by Ord. No. 26-05;
amended 1-10-2011 by Ord. No. 2-11]
J.
Building and excavation contractor offices and yards with maintenance
of equipment and indoor and outdoor storage of construction materials
and equipment in the B-2 Community Business District.
[Added 11-14-2016 by Ord.
No. 15-16]
K.
Alternative agricultural activities, including but not limited to
barn weddings and barn wedding receptions, public and private barn
receptions and events, and public and private barn parties, in the
A-1 Agricultural District.
[Added 10-9-2017 by Ord.
No. 10-17; amended 1-10-2022 by Ord. No. 1-22]
L.
Recycling, crushing and screening of earthen materials such as concrete
and asphalt in the B-2 Community Business District.
[Added 7-8-2019 by Ord.
No. 9-19]
M.
Business activities that are permitted in the B-2 Community Business District, and including public and commercial recreational and event facilities and activities, when the Plan Commission determines that such activity is consistent with or can be integrated with alternative agricultural activities permitted under Subsection K hereof in the A-1 Agricultural District.
[Added 5-11-2020 by Ord.
No. 4-20; amended 1-10-2022 by Ord. No. 1-22]
N.
Metal
products warehousing and distribution in the B-2 Community Business
District.
[Added 6-17-2021 by Ord. No. 12-21]
The following public recreational facilities
shall be conditional uses and may be permitted as specified:
A.
Archery ranges, bathhouses, beaches, boating, camps,
conservatories, driving ranges, indoor firearm ranges, golf courses,
gymnasiums, ice boating, marinas, music halls, polo fields, pools,
riding academies, stadiums, and zoological and botanical gardens in
the P-1 Park District, provided that the lot area is not less than
three acres and all structures are not less than 50 feet from any
district boundary.
B.
Commercial recreation facilities such as arcades,
bowling alleys, clubs, dance halls, driving ranges, indoor swimming
pools, lodges, miniature golf facilities, physical culture facilities,
pool and billiard halls, racetracks, indoor firearm ranges, turkish
baths, skating rinks, and theaters in the B-1 and B-2 Business Districts,
and community centers and gymnasiums in the B-1 and B-2 Business Districts
and I-1 Institutional District.
[Amended 2-13-2006 by Ord. No. 9-06]
