A.
The Town Plan Commission may issue a conditional use permit for conditional
uses, provided that such conditional uses and structures are in accordance
with the regulations of the applicable zoning district and the Town
of Holland Comprehensive Plan, and promote compatible development
and stability of property values, prevent impairment or depreciation
of property values, and foster the attractiveness and functional utility
of the community as a place to live and work.
[Amended 4-12-2021 by Ord. No. 3-2021]
B.
After receipt of an application, which includes plans, documents,
and written submittals required for the review of the application,
and the required data and fees, the Plan Commission shall schedule
a public hearing and publish a Class 2 notice thereof under Ch. 985,
Wis. Stats.
[Amended 6-15-2020 by Ord. No. 8-2020]
[Amended 5-19-2020 by Ord. No. 3-2020]
A.
The Plan Commission may approve said conditional use only after determining
that:
(1)
The proposed use(s) conform(s) to the uses allowed in the applicable
zoning district.
[Amended 4-12-2021 by Ord. No. 3-2021]
(2)
The dimensional arrangement of buildings and structures conform to
the required density, area, height and yard requirements of the applicable
zoning district.
(3)
The proposed use(s) conform(s) to all use and design provisions and
requirements (if any) as found in the applicable zoning district and
this chapter for the specified use(s).
(4)
The relationship between the existing and proposed streets within
the vicinity of the project is compatible in order to assure the safety
and convenience of pedestrian and vehicular traffic.
(5)
The proposed buildings, structures, and entryways are situated and
designed to minimize adverse effects upon owners and occupants of
adjacent and surrounding properties. This is done by providing for
adequate design of ingress/egress, interior/exterior traffic flow,
stormwater drainage, erosion, grading, lighting, and parking, as specified
by this chapter or any other codes or laws.
(6)
Natural features of the landscape are retained where they can enhance
the development on the site, or where they furnish a barrier or buffer
between the project and adjoining properties used for dissimilar purposes
or where they assist in preserving the general safety, health, welfare,
and appearance of the neighborhood.
(7)
Adverse effects of the proposed development and activities upon adjoining
residents or owners are minimized by appropriate screening, fencing,
or landscaping, as provided or required in this chapter.
(8)
Lands, buildings, and structures are readily accessible to emergency
vehicles and the handicapped (when applicable).
(9)
The conditional use is consistent with the intent and purpose of
the applicable zoning district and this chapter.
(10)
The conditional use is consistent with the public goals, objectives,
and principles as set forth in the Town of Holland Comprehensive Plan
and its components thereof.
[Amended 4-12-2021 by Ord. No. 3-2021]
B.
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.
C.
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.
D.
The following standard conditions shall apply to every conditional
use permit:
(1)
The permit shall be subject to amendment and termination in accordance
with this chapter, and the permittee shall notify the Plan Commission
in writing prior to sale or expansion of any permitted business or
sale of the premises so that the Plan Commission may determine whether
a permit amendment is required;
(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, and the permittee shall notify
the Plan Commission in writing prior to any deviation from submitted
plans so that the Plan Commission may determine whether a permit and/or
plan amendment is required;
(3)
The permittee and its agents and assigns shall comply with the requirements
and provisions of all Town ordinances, state statutes and all other
applicable regulations of any kind;
(4)
The permittee shall not allow the operation of the conditional use
to adversely affect the surrounding properties and shall not conduct
or allow any activity on the premises that creates problems related
to lighting and glare visible beyond the property lines, excessive
noise, dust, odor, traffic, stormwater, or physical appearance;
(5)
The permittee and any other property owners shall file a signed and notarized land covenant, as required by § 330-54 of the Town Code, with the Clerk of the Plan Commission within three months of the date of issuance of the conditional use permit;
(6)
The permittee shall allow Town representatives to enter upon and
inspect the premises at any reasonable time to verify compliance with
the terms of the conditional use permit and all other Town ordinances,
state statutes and applicable regulations;
(7)
The permittee shall timely pay all taxes (including real estate and
personal property taxes), permit fees, professional fees and any other
amounts owed to the Town, and if the permittee fails to pay any of
such taxes, fees or amounts the permit shall be subject to review
and termination.
E.
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.
F.
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.
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.
[Amended 6-15-2020 by Ord. No. 8-2020]
The following is a description of the plans, documents, and
written submittals required for review of all applications for conditional
use permits by the Town Plan Commission. An application shall not
be considered complete until one full-size hard copy and one electronic
copy, in PDF format, of all such plans, documents, and written submittals
required for the review of the application are included accompanied
by the application fee, as identified in the Town of Holland Fee Schedule,
established by the Town Board. During the Plan Commission review of
the documents submitted, the Plan Commission shall determine if the
application is complete.
A.
All applicable requirements of the Sheboygan County Code of Ordinances
shall be met.
B.
Location map and property owner names and addresses. A map of the
subject property showing all lands for which the use is proposed and
all other lands within 300 feet of the boundaries of the subject property.
The location map shall clearly indicate the current zoning of the
subject property and adjacent properties and show any other jurisdiction(s)
that maintain(s) control over the property. The location map shall
be at a scale that is appropriate to the request. A map showing the
subject property and illustrating its relationship to the nearest
street intersection is required at a size that is appropriate for
the size and nature of the request. The applicant shall provide the
names and addresses of the owners the size and nature of the request.
The applicant shall provide the names and addresses of the owners
of all properties within 300 feet of the boundaries of the subject
property.
C.
Plan of operation. Description of the intended use shall include,
but not be limited to, the following:
(1)
Zoning: existing zoning district(s) and proposed zoning district(s)
if different.
(2)
The future land use designation for the subject property as depicted
by the land use map in the Town of Holland Comprehensive Plan.
[Amended 4-12-2021 by Ord. No. 3-2021]
(3)
Current uses present on the subject property.
(4)
Proposed uses for the subject property.
(5)
Proposed development: the amount of dwelling units, floor area, impervious
surface area, and landscape surface area, and resulting site density
floor area ratio, impervious surface area ratio, and landscape surface
area ratio.
(6)
Operations: the operational considerations relating to number of
employees, hours of operation, projected normal and peak water usage,
sanitary sewer or septic loadings, and traffic generation.
(7)
Operational considerations: relating to potential nuisance creation
pertaining to noncompliance with the performance standards addressed
in this chapter, including street access, traffic visibility, parking,
loading, exterior storage, exterior lighting, vibration, noise, air
pollution, odor, electromagnetic radiation, glare and heat, fire and
explosion, toxic or noxious materials, waste materials, drainage,
and hazardous materials.
(8)
Building material: the exterior building and fencing materials.
(9)
Expansion: any possible future expansion and related implications.
(10)
Other information: any other information pertinent to adequate
understanding by the Town Plan Commission of the intended use and
its relation to nearby properties.
D.
Site plan.
(1)
A title block that indicates the name, address and phone/fax number(s)
of the current property owner and/or agent(s) (developer, architect,
engineer, and planner) for the project.
(2)
The date of the original plan and the latest date of revision to
the plan.
(3)
A North arrow and a graphic scale. Said scale shall not be smaller
than one inch equals 100 feet.
(4)
A legal description of the subject property.
(5)
Acreage of individual lots or parcels.
(6)
Property lines and existing and proposed right-of-way lines with
bearings and dimensions clearly labeled.
(7)
Existing and proposed easement lines and dimensions with a key provided
and explained on the margins of the plan as to ownership and purpose.
(8)
Required building setback lines.
(9)
Existing and proposed buildings, structures, and paved areas, including
building entrances, walks, drives, decks, patios, fences, utility
poles, drainage facilities, and walls.
(10)
The location and dimension of all access points onto public
streets.
(11)
The location and dimension of all on-site parking (and off-site
parking provisions if they are to be employed), including a summary
of the number of parking stalls provided versus the number required
by this chapter.
(12)
The location and dimension of all loading and service areas
on the subject property and labels indicating the dimension of such
areas.
(13)
The location of all outdoor storage areas and screening devices.
(14)
The location, type, height, size and lighting of all signage
on the subject property and conforming to other sections of this chapter.
(15)
The location, height, design/type, illumination power and orientation
of exterior lighting on the subject property.
(16)
The location and type of any permanently protected green space
areas.
(17)
The location of existing and proposed drainage facilities.
E.
Detailed landscape plan: A detailed landscape plan must be submitted,
at the same scale as the site plan, showing the location of all required
buffer yards and landscaping areas, and existing and proposed landscape
point fencing and berm options for complying with said requirements.
The landscaping plan shall include, but not be limited to, the following:
(1)
The individual plant locations, species, and size shall be shown.
(2)
Screening, such as fencing types and earth berms, shall be shown
by size and height.
(3)
A narrative for the use, maintenance, and insurance of all common
facilities, including provisions for funding. Such narrative shall
define ownership, establish necessary regular and periodic operation
and maintenance responsibilities, estimate staffing needs, insurance
requirements, and other associated costs and define the means for
funding the same on an ongoing basis.
F.
Grading plan. A detailed grading plan must be submitted, at the same
scale as the site plan, showing existing and proposed grades, including
retaining walls and related devices, and erosion control measures.
The grading plan shall include, but not be limited to, the following:
G.
Elevation drawings. Two-dimensional elevation views of proposed buildings,
structures, or proposed remodeling of existing buildings showing finished
exterior treatment shall be submitted, with adequate labels provided
to clearly depict exterior materials, texture, color and overall appearance.
Perspective renderings of the proposed project and/or photo of similar
structures may be submitted, but not in lieu of adequate drawings
showing the actual intended appearance of the buildings or structures.
H.
Storm/surface water and erosion control plans.
(1)
Vicinity map showing watershed boundary and physical features.
(2)
Soils information.
(a)
A soil map of the area from the soil survey of Sheboygan County.
(b)
Location of soils with moderate to very severe limitations for
residential uses as indicated in the soil survey (i.e., subject to
occasional flooding, temporary high-water table, etc.).
(c)
Design alternatives to overcome the soil limitations.
(3)
Hydrologic information.
Upon reasonable notice and at any reasonable time, all conditional
use permits are subject to review by the Town officials and staff
to determine whether the subject property or use is in accord with
the terms of the conditional use permit.
If any holder of a conditional use permit wishes to change,
modify, alter, and/or amend any aspect of the terms of said permit,
the holder shall apply for such change, modification, alteration,
and/or amendment through the procedure of application for conditional
use permits detailed herein.
A.
A conditional use permit will terminate when, after notice and public
hearing, the Town determines any of the following:
(1)
The conditional use has not continued in conformity with the conditions
of the permit.
(2)
A change in character of the single lot or parcel of record governed
by the conditional use itself has caused such use to be no longer
compatible with surrounding uses.
(3)
The conditional use has been abandoned in any manner or discontinued
in use for 12 months or longer.
B.
Upon such determination, the owner of the premises shall be required
to bring all lands and buildings into conformity with the regulations
of the district within 90 days from the determination by the Town
Plan Commission.
C.
The process for terminating a conditional use permit shall generally
follow the procedures for granting a conditional use permit as set
forth in this chapter.
D.
A conditional use permit will terminate when the permit holder requests
in writing or consents in writing that the permit be terminated, the
permit holder waives in writing the requirement of a public hearing,
and the Town Plan Commission agrees to terminate the conditional use
permit.
[Added 2-8-2021 by Ord. No. 1-2021]
Costs incurred by the Town 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 and paid by the applicant.
A conditional use permit approved by the Town shall not be considered
to be in effect until the applicant has provided the Town with the
appropriate documentation to enable a land covenant that incorporates
said permit to be recorded with the Sheboygan County Register of Deeds.
