The development and execution of this article
is based upon the division of the Village of Theresa into districts,
within which districts the use of land and buildings and bulk and
location of buildings and structures in relation to the land are 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 of 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.
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.
An application for a conditional use shall be filed on a form prescribed by the Village. The application shall be accompanied by the fee prescribed by Chapter
167, Fees, and by a plan showing the location, size and shape of the lot(s) involved and of any proposed structures, and the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in §
350-38 hereinafter. The Village Board may require such other information as may be necessary to determine and provide for the enforcement of this chapter, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock; vegetative cover; specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, and water supply systems; and arrangements of operations.
Upon receipt of the application and statement referred to in §
350-35 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 the Village Board. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Village Board shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such
hearing shall be given by publication of a Class 2 notice under the
Wisconsin Statutes in the official Village newspaper. 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 Village
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.
When a denial of a conditional use application
is made, 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. General. Prior to the granting of any conditional use, 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 §
350-38 above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees 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:
(3) Construction commencement and completion dates;
(14)
Specified sewage disposal and water supply systems;
(18)
Any other requirements necessary to fulfill
the purpose and intent of this chapter.
B. Site review. 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. Alteration of conditional use. No alteration of a
conditional use shall be permitted unless approved by the Village
Board.
D. Architectural treatment. Proposed architectural treatment
will be in general harmony with surrounding uses and the landscape.
To this end, the Village Board may require the use of certain general
types of exterior construction materials and/or architectural treatment.
E. Sloped sites; unsuitable soils. Where slopes exceed
6% and/or where a use is proposed to be located on areas indicated
as having soils which are unsuitable or marginal for development,
on-site soil tests and/or construction plans shall be provided which
clearly indicate that the soil conditions are adequate to accommodate
the development contemplated and/or that any inherent soil condition
or slope problems will be overcome by special construction techniques.
Such special construction might include, among other techniques, terracing,
retaining walls, oversized foundations and footings, drain tile, etc.
F. Conditional uses to comply with other requirements.
Conditional uses shall comply with all other provisions of this chapter,
such as lot width and area, yards, height, parking and loading.
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. Approximately 45 days prior to the automatic revocation
of such permit, the Zoning Administrator shall notify the holder by
certified mail of such revocation. The Board may extend such permit
for a period of 90 days for justifiable cause, if application is made
to the Village Board at least 30 days before the expiration of said
permit.
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 chapter.
A. 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 §
350-38 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 §
350-37 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney.
B. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in §
350-38 or conditions previously imposed by the Village 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 Subsection
A(1) and
(2) in §
350-38 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.
C. 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.