The development and execution of this article are based upon
the division of the Village 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.
A.
The Village Board may, by resolution, authorize the Zoning Administrator
to issue a conditional use permit after review, public hearing and
advisory recommendation from the Plan Commission, provided that such
conditional use and involved structure(s) are found to be in accordance
with the purpose and intent of this Zoning Code and are further found
to be not hazardous, harmful, offensive or otherwise adverse to the
environment or the value of the neighborhood or the community. In
the instance of the granting of a limited conditional use, the Village
Board in its findings shall further specify the limiting reason(s)
or factors which resulted in issuing limited rather than regular conditional
use. Such Board resolution, and the resulting conditional use permit,
when for limited conditional use, shall specify the period of time
for which effective, if specified, the name of the permittee, the
location and legal description of the affected premises. Prior to
the granting of a conditional use, the Village Board, upon recommendation
of the Plan Commission, shall make findings based upon the evidence
presented that the standards herein prescribed are being complied
with.
B.
Conditions such as landscaping, architectural design, type of construction,
construction commencement and completion dates, sureties, lighting,
fencing, planting screens, operation control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards or parking requirements may be required by the Village
Board upon its finding that these are necessary to fulfill the purpose
and intent of this chapter.
C.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, highway
access and performance standards, shall be required of all 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 chapter 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
a plan showing the location, size and shape of the lot(s) involved
and of any proposed structures, 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 § 510-33
hereinafter. The Plan Commission may require such other information
as may be necessary to determine and provide for 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,
water supply systems and arrangements of operations. A nonrefundable
fee as established by resolution of the Village Board shall be paid
at the time of application.
All requests for conditional uses shall be to the Plan Commission,
or the Plan Commission can, on its own motion, apply conditional uses
when applications for rezoning come before it. Nothing in this chapter
shall prohibit the Village Board, on its own motion, from referring
the request for conditional use to the Plan Commission. Upon receipt
of the application and statement referred to in § 510-30
above, the Plan Commission shall hold a public hearing on each application
for a conditional use at such time and place as shall be established
by such Commission. 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 Plan Commission shall, by rule, prescribe
from time to time.
A.
Hearing. Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 2 notice under 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 Plan Commission, 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.
B.
Report of Plan Commission. The Plan Commission shall report its advisory
recommendations to the Village Board within 30 days after a matter
has been referred to it. If such action has not been reported by the
Plan Commission within 30 days, the Village Board can act without
such recommendations.
A.
No application for a conditional use shall be recommended for approval
by the Plan Commission or granted by the Village Board unless such
Commission and Board shall find that all of the following conditions
are present:
(1)
The
establishment, maintenance or operation of the conditional use will
not be detrimental to or endanger the public health, safety, morals,
comfort or general welfare.
(2)
The
use, value and enjoyment of other property in the neighborhood for
purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use, and the proposed use is compatible with the
use of adjacent land.
(3)
The
establishment of the conditional use will not impede the normal and
orderly development and improvement of the surrounding property for
uses permitted in the district.
(4)
Adequate
utilities, access roads, drainage and other necessary site improvements
have been or are being provided.
(5)
Adequate
measures have been or will be taken to provide ingress and egress
so designed as to minimize traffic congestion in the public streets.
(6)
The
conditional use shall conform to all applicable regulations of the
district in which it is located.
(7)
The
proposed use does not violate floodplain regulations governing the
site.
B.
When applying the above standards to any new construction of a building
or an addition to an existing building, the Plan Commission and Board
shall bear in mind the statement of purpose for the zoning district
such that the proposed building or addition at its location does not
defeat the purposes and objectives of the zoning district.
C.
In addition to passing upon a conditional use permit, the Plan Commission
and Board shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on
the site.
(4)
The location of the site with respect to floodplains and floodways
of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access
roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
When an advisory recommendation of denial of a conditional use
application is made by the Plan Commission or there is an actual denial
by the Village Board, the Village shall furnish the applicant, in
writing when so requested, those standards that are not met and enumerate
reasons the Commission and/or Board has used in determining that each
standard was not met.
The following conditions shall apply to all conditional uses:
A.
Conditions. 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 § 510-33 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:
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restriction;
(11)
Access restrictions;
(12)
Type of shore cover;
(13)
Specified sewage disposal and water supply systems;
(14)
Planting screens;
(15)
Piers and docks;
(16)
Increased parking; or
(17)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In making its recommendation, the Plan Commission shall
evaluate each application and may request assistance from any source
which can provide technical assistance. The 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 the proposed
operation/use.
C.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Village Board after recommendation
from the Plan Commission.
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 site; 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 after 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.
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. Upon written
complaint by any citizen or official and after seeking an advisory
recommendation from the Plan Commission, 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 § 510-33 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 § 510-32 above. Any person may appear at
such hearing and testify in person or be represented by an agent or
attorney. The Village Board may, in order to bring the subject conditional
use into compliance with the standards set forth in § 510-33
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 standards in Subsection A(1) and (2) in § 510-33 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. 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.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential districts pursuant
to this article.
B.
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:[1]
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists or other transients for
more than 10 nights in a twelve-month period, is the owner's personal
residence, is occupied by the owner at the time of rental, and in
which the only meal served to guests is breakfast.
C.
State standards. Bed-and-breakfast establishments shall comply with
the standards of Ch. DHS 197, Wis. Adm. Code.
