Temporary uses that would operate for more than 30 days but less than 90 days or which have the potential of being detrimental to and/or incompatible with adjoining properties or the community at large are reviewed by the Plan Commission as set forth in this division.
The general steps outlined below shall be used in the review of an application for a temporary use for more than 30 days but less than 90 days.
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. If the application is deemed incomplete or if additional information is requested, the Zoning Administrator will take no further steps to process the application until the deficiencies are remedied or the information is provided. 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 provides 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 contained in this division to i) approve the permit, ii) approve the permit with conditions, or iii) deny the application.
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. 
Public record copy. A copy of the decision document is retained as a public record.
To approve a temporary use permit for more than 30 days but less than 90 days the Plan Commission must determine that the proposed temporary use complies with all applicable sections of this code and does not have the potential to create an unacceptable negative effect on adjoining properties or the community at large.
A. 
Generally. In approving a temporary use permit for 30 days or less, the Zoning Administrator may impose one or more conditions deemed necessary to further the intent and purposes of this chapter. Such conditions may address such matters as parking, access, signage, lighting, security, solid waste disposal, potable water and sanitary facilities, screening, noise, traffic control, hours and days of duration and operation, financial guarantees or warranties to ensure compliance and/or against defects or damage to public property, and other items which may be required to protect the health, safety, and welfare of the public.
B. 
Effect on contracts with another party. The Plan Commission 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.
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.
A temporary use permit shall automatically expire 90 days after the first day of the temporary use or an earlier date as may be specified in the approval.
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.