The development and execution of this article is based upon
the division of the Town of Vinland into districts, within which districts
the use of land and buildings and the 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.
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 article in the zoning district in which such land is located.
An application for a conditional use shall be filed, along with
the fee prescribed in the current Town Fee Schedule, on a form prescribed by the Town. 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 §
410-40 hereinafter. The Town Board may require such other information as may be necessary to determine and provide for an 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 filing, 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.
All requests for conditional uses shall be to the Town Board. Upon receipt of the application and statement referred to in §
410-37 above, the Town Board shall hold a public hearing on each application for a conditional use at such time and place as shall be established by the Town Board. 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 Town Board shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 1 notice under Wisconsin Statues
in the official Town newspaper. Notice of the time, place and purpose
of such public hearing shall also be sent to the applicant, the Zoning
Administrator/Permit Issuer, members of the Town Board, and the owners
of record as listed in the office of the Town Assessor who are owners
of property in whole or in part situated within 300 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. Within 60 days after an
application has been filed, the Town Board shall take formal action.
Whenever a decision of denial of a conditional use application
is made by the Town Board, the Town Board shall furnish the applicant,
in writing when so requested, those standards that are not met and
enumerate reasons the Town 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 Town 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 standards and requirements specified in §
410-40 above. In all cases in which conditional uses are granted, the Town 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 limitations because of specific enumeration:
(3) Construction commencement and completion dates;
(14)
Specified sewage disposal and water supply systems;
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B. Site review. The Town Board shall evaluate each application and may
request assistance from any source which can provide technical assistance.
The Town Board may 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 Town Board.
D. Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Town Board may require the use of certain general types of
exterior construction materials and/or architectural treatment.
Where a conditional use application has been approved or conditionally
approved, such approval shall become null and void within 24 months
of the date of the approval 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 is
commenced and is being diligently prosecuted. Approximately 45 days
prior to the automatic revocation of such permit, the Town Clerk shall
notify the holder by certified mail of such revocation. The Town Board
may extend such permit for a period of 90 days for justifiable cause,
if application is made to the Town Board at least 30 days before expiration
of said permit.
The Town 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/Permit Issuer 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 conditional use imposed prior to or after approval, or violation of any other provision of this chapter. Upon written complaint by any citizen or official, the Town 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 §
410-40 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 §
410-39 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Town Board may, in order to bring the subject conditional use into compliance with the standards set forth in §
410-40 or conditions previously imposed by the Town 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 §
410-40A and
B will be met, the Town Board may revoke the subject conditional approval and direct the Zoning Administrator/Permit Issuer and the Town Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Town Board shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor.