The development and execution of this chapter is 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, require a site plan or 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 may
require a site plan and/or are classified as conditional uses.
A.
The Village Board may authorize a designated representative to issue
a building permit or conditional use permit for either regular or
limited conditional use after review and public hearing, if necessary,
provided that such site plan or 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 limited conditional
use, the Plan Commission and Village Board in its findings shall further
specify the delimiting reason(s) or factors which resulted in issuing
limited rather than regular conditional use. 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 building permit or conditional use, the Plan
Commission and Village Board shall make findings based upon the evidence
presented that the standards herein prescribed are being complied
with.
B.
Any development within 500 feet of the existing or proposed rights-of-way
of freeways, expressways and within 1/2 mile of their existing or
proposed interchange or turning lane rights-of-way shall be specifically
reviewed by the highway agency that has jurisdiction over the traffic
way. The Plan Commission or Village Board shall request such review
and await the highway agency's recommendation for a period not to
exceed 20 days before taking final action.
C.
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 Plan
Commission and Village Board upon their finding that these are necessary
to fulfill the purpose and intent of this chapter.
D.
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 and site plans.
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 § 415-39 hereinafter. The Plan Commission and Village 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 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.
[Amended 5-4-2021]
Upon receipt of the application and statement referred to in § 415-36 above, the Plan Commission shall hold a public hearing on said application for a conditional use at such time and place as shall be established by the respective bodies. The Plan Commission shall hold its hearing and make a recommendation to the Village Board regarding said application prior to the Board meeting. 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 Village Board shall, by rule, prescribe from time to time.
[Amended 5-4-2021]
Notice of the time, place and purpose of such hearings shall
be given by publication of a Class 2 Notice under Chapter 985 of the
Wisconsin Statutes. Said notice shall also be sent to the applicant,
members of the Plan Commission and Village Board and the owners of
record, as listed in the office of the Village Assessor, of property
in whole or in part situated within 200 feet of the boundaries of
the properties affected, said notice to be sent at least 10 days prior
to the date of the Plan Commission's public hearing.
A.
No application
for a conditional use or a permit requiring a site plan shall be granted
by the Village Board unless the Board shall find all of the following
conditions are present:
(1)
The establishment, maintenance or operation of the use or conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
(2)
The uses, values 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 use or conditional use and the proposed use is compatible with
the use of adjacent land.
(3)
The establishment of the use or 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, except for yard requirements, 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 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 objective of the zoning district.
C.
In addition
to passing upon a conditional use permit, the 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 a denial of a conditional use application is made, the
Village Board shall furnish the applicant, in writing when so requested,
those standards that are not met and enumerate reasons the Board has
used in determining that each standard was not met.
The following conditions shall apply to all conditional uses
and site plans:
A.
Conditions. Prior to the granting of any conditional use or permit requiring a site plan, the Plan Commission and 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 § 415-39 above. In all cases in which conditional uses are granted, the Plan Commission and 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 restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking; or
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. The Plan Commission and Village Board shall evaluate
each application and may request assistance from any source which
can provide technical assistance. The Commission and 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 or site plan. No alteration of a conditional
use or site plan shall be permitted unless approved by the Plan Commission
and Village Board.
D.
Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Plan Commission and Village Board may require the use of
certain general types of exterior construction materials and/or architectural
treatment.
E.
Sloped sites; 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 and site plans to comply with other requirements.
Conditional uses and site plans shall comply with all other provisions
of this chapter such as lot width and area, yards, height, parking
and loading.
Where the Plan Commission and Village Board have approved or
conditionally approved a site plan or application for a conditional
use, such approval shall become null and void within 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. Approximately 45 days
prior to the automatic revocation of such permit, the Designated Village
Representative shall notify the holder by certified mail of such revocation.
The Board may extend such permit for a period of 90 days for justifiable
cause, if application is made to the Plan Commission and Village Board
at least 30 days before the expiration of said permit. Conditional
use permits and their conditions may be transferred to a new owner
of the property.
The Village Board shall retain continuing jurisdiction over all site plans and 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 Building Inspector to order the removal or discontinuance of any unauthorized alterations of an approved site plan or 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 Code. Upon written complaint by any citizen or official, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject site plan or conditional use is in violation of either one or more of the standards set forth in § 415-39 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 § 415-38 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Village Board may, in order to bring the subject site plan or conditional use into compliance with the standards set forth in § 415-39 or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject site plan or conditional use. In the event that no reasonable modification of such site plan or conditional use can be made in order to assure that standards in § 415-39A(1) and (2) will be met, the Village Board may revoke the subject site plan or conditional approval and direct the Building Inspector 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 site plan or 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 Residence Districts pursuant
to this article.
B.
Definition. "Bed-and-breakfast establishment" means 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.[1]
C.
State standards. Bed-and-breakfast establishments shall comply with
the standards of Ch. DHS 197, Wis. Adm. Code.
