[Amended 5-7-2019 by Ord. No. 793]
The Village Plan Commission may issue a conditional use permit for conditional uses as provided in this article.
Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms furnished by the Building Inspector and shall include the following:
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. For floodland conditional uses, such description shall also include information that is necessary for the Plan Commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground, fill or storage elevations; first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information and may include plans as applicable.
C. 
Plat of survey prepared by a registered land surveyor, or a sketch drawn to scale and approved by the Zoning Administrator, showing all of the information required under § 205-14 for a building permit and, in addition, the mean and historic high-water lines and floodlands on or within 40 feet of the subject premises and existing and proposed landscaping.
D. 
Additional information as may be required by the Village Plan Commission, Village Engineer, Building Inspector, or Plumbing Inspector.
[Added 5-7-2019 by Ord. No. 7931[1]]
The Village Plan Commission shall hold a public hearing on each application giving public notice as specified in Article XVI of this chapter.
[1]
Editor’s Note: This ordinance also repealed former § 205-53, Review and approval. See now § 205-54.
[Added 5-7-2019 by Ord. No. 7932[1]]
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 may take final action on the application at the time of its initial meeting or may continue the proceedings upon its own motion or at the applicant's request. The Plan Commission may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use.
B. 
In making its decision, the Plan Commission shall consider the criteria below and make findings of fact regarding each. The Plan Commission shall determine:
(1) 
The consistency of the proposed use with the Comprehensive Plan;
(2) 
Whether the use proposed is hazardous, harmful, or offensive, within the neighborhood or locale where proposed;
(3) 
Whether the use proposed is adverse to the environment;
(4) 
Whether the use proposed adversely affects the property values, the aesthetics, or the general well-being of the neighborhood where proposed;
(5) 
Whether all of the criteria and information required herein has been adequately provided by the applicant;
(6) 
Any findings of fact supporting its recommendation as to whether the potential public benefit outweighs any and all potential adverse impacts.
C. 
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.
D. 
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.
E. 
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.
F. 
Conditions, such as landscaping, architectural design, type of construction, 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.
G. 
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.
H. 
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.
I. 
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.
J. 
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.
K. 
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.
L. 
Appeals from the decision of the Plan Commission shall be to the Circuit Court pursuant to § 62.23(7)(de), Wis. Stats.
[1]
Editor’s Note: This ordinance also repealed former § 205-54, Hearings. See now § 205-53.
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 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 places of worship 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 from 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.
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 the elderly in the R-5 Residential District, and the I-1 Institutional District, provided that the density of such housing shall not exceed 18 units per net acre; and provided that there shall be a minimum living area of 500 square feet for a one-bedroom dwelling unit and a minimum living area of 750 square feet for a two-bedroom or larger dwelling unit.
C. 
Rest homes, nursing homes, clinics, adult day-care centers, and children’s day-care centers in the R-5 Residential District and I-1 Institutional District, provided all principal structures and uses are not less than 50 feet from any lot line.
[Amended 4-13-2021 by Ord. No. 806]
D. 
Community living arrangements which have a capacity for nine or more persons in the R-1, R-2, R-3, and R-4 Residential Districts and the I-1 Institutional District.
[Amended 4-13-2021 by Ord. No. 806]
E. 
Community living arrangements which have a capacity for 16 or more persons in the R-5 Residential District.
F. 
Detached garages, where attached garages exist, in the R-1, R-2 and R-3 Residential Districts, and detached garages, regardless of whether attached garages exist, in the R-5 Residential District.
[Amended 11-7-2012 by Ord. No. 736]
The following commercial uses shall be conditional uses and may be permitted as specified:
A. 
Drive-in theaters in the B-4 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 the B-1, B-2 and B-3 Business Districts.
D. 
Wholesale outlet stores in the B-4 Business District.
E. 
Resale retail operations, secondhand stores, pawn shops or any retail establishment with a majority of trade or business involving refurbished or used merchandise in the B-1 Business District.
F. 
Bed-and-breakfast establishments in the B-1 Business District.
G. 
Shared parking arrangements by permitted uses on the same parcel, or between abutting commercial uses of different parcels where recorded agreements for shared parking access exist, sufficient aggregate parking spaces are provided to meet public use needs to the satisfaction of the Plan Commission, and the individual site parking availability does not conform to the requirements of this chapter, in the B-1, B-2, B-3 and B-4 Business Districts.
H. 
Motor-fuel-dispensing facilities in the B-2 and B-4 Business Districts, and in any manufacturing district, provided that the motor-fuel-dispensing facilities comply with § 205-21.1D.
[Amended 11-7-2012 by Ord. No. 737]
I. 
Radio and television transmitting towers, receiving towers, relay and microwave towers, and broadcast studios in the B-4 Business and I-1 Institutional Districts.
J. 
Limited manufacturing concerns featuring an outlet store and bearing the appearance of a retail establishment may be permitted in the B-4 Business District.
K. 
Roof, building, and ground-mounted satellite dish antennas greater than two feet in diameter in any business or industrial district and the P-1 Park District.
L. 
Self-service and automatic car wash operations in the B-2 and B-4 Business Districts.
M. 
Tattoo, body art and body piercing establishments in the B-1 Business District.
N. 
Establishments whose services are limited to cash advances, pay day loans, check cashing or money wire transfer activities in the B-1 Business District.
O. 
Interior self-service storage facilities in the B-4 Business District, provided that such facilities are located in a single standalone building only (new or existing) with two means of public ingress or egress, all storage units are accessible only from the interior of the building, all storage units are used only for storage of personal or business goods or property, and there is no outside storage of any kind.
[Added 4-6-2015 by Ord. No. 762]
P. 
Propane refill/dispensing stations in the B-4 Business District, provided that such stations are associated with, operated by and located on the same premises as a hardware store, interior self-service storage facility, or motor-fuel-dispensing facility, and provided that only one propane tank is permitted on the premises, the overall structure height shall not exceed 159 inches, and the refill/dispensing station shall be completely screened from view from any public way and abutting properties with rapidly growing trees or shrubbery or a nontransparent fence approved by the Plan Commission.
[Added 6-20-2017 by Ord. No. 776]
The following industrial and agricultural uses shall be conditional uses and may be permitted as specified:
A. 
Animal hospitals in the B-P 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.
C. 
Processing and manufacturing of feeds prepared for animals and fowl; 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.
D. 
Lumberyards, millwork, saw mills, and planing mills in the B-P Business District and the M-1 and M-2 Manufacturing Districts.
E. 
Manufacturing and processing of engineered wood products, resinated or composite wood products, chemically treated lumber, veneers, and plywood in the M-1 and M-2 Manufacturing Districts.
F. 
Freight yards, freight terminals, and transshipment depots in the M-1 and M-2 Manufacturing Districts.
G. 
Commercial service facilities, such as cafeterias or institutional dining services, and fueling stations, in the M-1 and M-2 Manufacturing Districts, provided that all such services are operated primarily to benefit industrial district users and employees and that other users are only incidental customers.
H. 
Cyclone or wire mesh fencing may be allowed in the M-1, M-2, and B-P Districts in the rear yard only. Use of such materials for fencing must be associated with unique or special circumstances required by the principal manufacturing or business use. The fencing must be appropriately screened from the public way and abutting properties with landscaping, vegetative cover, or an approved nontransparent fence. Fence heights shall be determined by the Community Development Authority/Industrial Review Committee on a per-applicant basis.
[Amended 6-3-2008 by Ord. No. 679]
I. 
Assembly, processing and light manufacturing activities that are permitted uses in the M-1 Light Manufacturing District in the B-4 Business District, when the Plan Commission determines that the activity will directly support the business district and can be integrated into the overall plan for the business district.
[Added 10-4-2016 by Ord. No. 769]
J. 
Outdoor storage of equipment, materials, products or inventory as an accessory use may be permitted in the B-P Business Park District, provided that the outdoor storage is located only in the rear yard or side yard of the property and is completely screened from view from any public way and abutting properties by a solid fence and/or landscape screen, and provided that the outdoor storage location and type of screening has first been approved by the Community Development Authority. A permit issued for outdoor storage shall expire when the person or entity to which the permit is issued conveys the business which is the principal use on the property to any other person or entity or when the person or entity to which the permit is issued ceases operation of the business which is the principal use.
[Added 4-16-2019 by Ord. No. 792]
K. 
Ground-mounted electric-power-generating photovoltaic solar panel array and connector equipment with a nameplate generating capacity not exceeding 500kW in the B-P Business Park District, provided that the array and equipment are located only on a publicly owned site.
[Added 8-27-2019 by Ord. No. 797]
L. 
Funeral homes and crematories in the M-2 General Manufacturing District, provided that no principal structure is located closer than 50 feet from any lot line.
[Added 4-18-2023 by Ord. No. 829]
[Amended 6-3-2008 by Ord. No. 678]
The following public and commercial 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-skating rinks, 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 areas of operation and associated structures are not less than 50 feet from any lot line.
B. 
Archery ranges, conservatories, driving ranges, indoor firearm ranges, golf courses including miniature golf parks, gymnasiums, ice-skating rinks, and music halls in the B-2 Retail Shopping Center Business District and the B-4 Highway Shopping Center Business District, provided that the lot area is not less than three acres and all areas of operation and associated structures are not less than 50 feet from any lot line.
The following uses are conditional uses in the C-1 Conservancy District and may be permitted as specified. The Village Plan Commission shall transmit a copy of each application for a conditional use in the shore land portion of the C-1 Conservancy District to the Wisconsin Department of Natural Resources (DNR) at least 10 days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all shore land C-1 Conservancy District conditional use permits shall be transmitted to the DNR within 10 days following the decision.
A. 
The construction of streets which are necessary for the continuity of the Village street system, necessary for the provision of essential utility and public safety services, or necessary to provide access to permitted open space uses in the C-1 District, provided that:
(1) 
The street cannot as a practical matter be located outside the conservancy district;
(2) 
The street is designed and constructed to minimize adverse impact upon the natural functions of the wetland as listed in § 205-139B of this chapter;
(3) 
The street is designed and constructed with the minimum cross section practical to serve the intended use;
(4) 
The street construction activities are carried out in the immediate area of the roadbed only; and
(5) 
Any filling, flooding, draining, dredging, ditching, tiling, or excavating that is done must be necessary for the construction or maintenance of the street.
B. 
The construction and maintenance of nonresidential buildings used solely in conjunction with raising of waterfowl, minnows, or other wetland or aquatic animals or used solely for some other purpose which is compatible with natural resource preservation, provided that:
(1) 
The building cannot as a practical matter be located outside the conservancy district;
(2) 
The building is not designed for human habitation and does not exceed 500 square feet in area; and
(3) 
Only limited filling or excavating necessary to provided structural support is conducted.
C. 
The establishment and development of public and private parks and recreation areas, recreation trails, public boat access sites, natural and outdoor education areas, historic and scientific areas, wildlife refuges, game preserves, and private habitat areas, provided that:
(1) 
Any private recreation or wildlife habitat area must be exclusively for that purpose;
(2) 
No filling is to be done; and
(3) 
Ditching, excavating, dredging, dike and dam construction may be done in wildlife refuges, game preserves, and private wildlife habitat areas, but only for the purpose of improving wildlife habitat or to otherwise enhance the value of a wetland or other natural resource.
D. 
The construction and maintenance of electric, gas, telephone, water and sewer transmission and distribution lines, and related facilities, by public utilities and cooperative associations organized for the purpose of producing or furnishing heat, light, power or water to members, provided that:
(1) 
The transmission and distribution lines and related facilities cannot as a practical matter be located outside the conservancy district; and
(2) 
Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the utility, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.
E. 
The construction and maintenance of railroad lines, provided that:
(1) 
The railroad lines cannot as a practical matter be located outside the conservancy district; and
(2) 
Any filling, draining, dredging, ditching, or excavating that is done must be necessary for the construction or maintenance of the railroad, and must be done in a manner designed to minimize flooding and other adverse impacts upon the natural functions of the conservancy area.