Upon written petition, the Plan Commission may, on a case-by-case basis, grant a special exception for those development standards specifically noted as special exceptions in this chapter.
The owner of the subject property may submit an application for a special exception.
The general steps outlined below shall be used in the review of a special exception application.
A. 
Submittal of application materials. The applicant submits a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.
B. 
Determination of completeness. The Zoning Administrator reviews the submittal to make sure it is complete and ready for further review. A determination of completeness shall be made within 30 days of the submittal. If it is not complete, the Zoning Administrator will notify the applicant in writing of such deficiencies and that the applicant has three months from the date of the notice to resubmit the application or forfeit the application fee. The Zoning Administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record. A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.
C. 
Review date. When the Zoning Administrator determines the application is complete, he or she schedules the review with the Plan Commission consistent with its adopted calendar.
D. 
Staff report preparation and distribution. The Zoning Administrator may prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and the applicant prior to the meeting at which the matter will be considered. The Zoning Administrator will also provide a copy to interested people upon request.
E. 
General notice. Consistent with Division 2 of Article 4, the Zoning Administrator places the matter on the meeting agenda of the Plan Commission.
F. 
Meeting. Allowing for proper notice, the Plan Commission considers the application at a regular or special meeting.
G. 
Decision. After considering all of the information submitted by the applicant and the staff report, if any, the Plan Commission makes a decision based on the decision criteria in this division to i) approve the special exception, ii) approve the special exception with conditions, or iii) deny the special exception.
H. 
Preparation of final decision document. Based on the action of the Plan Commission, the Zoning Administrator prepares a final decision document consistent with this division subject to the direction given by the Plan Commission.
I. 
Applicant notification. Within a reasonable time following the Plan Commission's decision, but not more than 10 workdays, the Zoning Administrator sends the decision document to the applicant by regular mail and/or email.
J. 
Acceptance by property owner. If the application is approved, the property owner must sign the decision document to acknowledge the terms of the approval and return the same to the Zoning Administrator within six months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the Zoning Administrator requesting an extension and the Zoning Administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document is not returned within the initial or extended time period, if any, the decision shall automatically become null and void without any further action by the Village at the expiration of such time limit. The decision document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the Zoning Administrator.
K. 
Public record copy. A copy of the decision document is retained as a public record.
The review authority shall consider the following factors:
A. 
The size of the property in comparison to other properties in the area;
B. 
The extent to which the issuance of the special exception would be in keeping with the overall intent of this chapter;
C. 
Whether there are any unique circumstances and the nature of those circumstances that warrant the issuance of the special exception;
D. 
The nature and extent of anticipated impacts to the natural environment that could potentially occur if the special exception was granted;
E. 
The nature and extent of anticipated positive and negative effects on properties in the area;
F. 
Actions the applicant will undertake to mitigate the negative effects, if any, of the proposed special exception;
G. 
A factor specifically listed under a section of this chapter authorizing the issuance of a special exception; and
H. 
Any other factor that relates to the purposes of this chapter set forth in § 170.05 or as allowed by state law.
A. 
Generally. In approving a special exception, the review authority may impose one or more conditions deemed necessary to further the intent and purposes of this chapter.
B. 
Effect on contracts with another party. The review authority shall not condition or withhold approval based upon the property owner entering into a contract or discontinuing, modifying, extending, or renewing any contract with a third party under which the third party is engaging in a lawful use of the property.[1]
[1]
Editorial Note: See § 62.23(7)(gm), Wis. Stats. The Village, for example, could not require an applicant to terminate an existing contract with another party that is engaged in a lawful use of the property.
A special exception shall only be approved in those instances where issuance is specifically authorized in this chapter.
The application submittal shall include an application form as may be used by the Village and a site plan prepared at a scale of one inch equals 20 feet or other appropriate scale depicting the information listed in Appendix F.[1]
[1]
Code Editor's Note: Appendix F is included in Chapter 170A, Zoning Appendix.
The staff report should include the following:
A. 
A description of the requested special exception;
B. 
Preliminary findings for the decision criteria listed in this division;
C. 
A recommendation to approve the application, approve the application with conditions, or deny the application;
D. 
A preliminary list of conditions whether the staff recommendation is for approval or denial; and
E. 
Other information deemed necessary.
A. 
Approval. If the application for a special exception is approved, the decision document should include the following:
(1) 
A statement that the special exception is approved;
(2) 
A description of the special exception;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
Conditions of approval, if any;
(5) 
A statement indicating that the property owner must sign the decision document and return it to the Zoning Administrator to acknowledge acceptance of the same;
(6) 
A statement that the applicant may appeal the decision to a court of competent jurisdiction;
(7) 
A statement that an aggrieved person, other than the applicant, may appeal the decision and that any work done by the applicant as authorized by the approval is done at the applicant's risk;
(8) 
Other information the review authority or Zoning Administrator deems appropriate;
(9) 
The signature of the Zoning Administrator on behalf of the reviewing authority; and
(10) 
The date of the decision.
B. 
Denial. If the application for a special exception is denied, the decision document should include the following:
(1) 
A statement that the special exception is denied;
(2) 
A description of the special exception;
(3) 
Reasons for the decision based on the criteria listed in this division;
(4) 
A statement indicating that the denial does not limit the applicant's ability to resubmit a revised application for consideration;
(5) 
A statement that the decision may be appealed as provided for in this division;
(6) 
Other information the review authority or Zoning Administrator deems appropriate;
(7) 
The signature of the Zoning Administrator on behalf of the reviewing authority; and
(8) 
The date of the decision.
If a special exception is approved, such approval shall run with the land and is binding on all subsequent property owners.
An approval for a special exception shall automatically expire 12 months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion. Upon petition and with cause, the Zoning Administrator may grant a one-time extension, not to exceed 12 months, provided that:
A. 
The permit holder requests the extension prior to the expiration of the permit;
B. 
The permit holder clearly demonstrates that circumstances beyond his or her control prevented the start of construction and the continuation of the same; and
C. 
The project complies with this chapter in effect at the time the extension is granted.
An aggrieved person may appeal a final decision made pursuant to this division by filing an appeal with a court of competent jurisdiction within 30 calendar days of the final decision.