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]
O. 
Slaughterhouse and stockyard operations in the A-1 General Agricultural/Holding District.
[Added 1-8-2024 by Ord. No. 12-23]
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]