Chapter 18.125
CONDITIONAL USES
Sections:
18.125.010 Statement of purpose.
18.125.020 Authority of the plan commission and board.
18.125.030 Initiation of conditional use.
18.125.060 Review and approval.
18.125.070 Standards – Conditional uses.
18.125.080 Conditions and guarantees.
18.125.090 Validity of conditional use permit.
18.125.100 Complaints regarding conditional uses.
18.125.110 Bed and breakfast establishments.
18.125.120 Sexually oriented businesses.
18.125.010 Statement of purpose.
The development and execution of this title is based upon the division of the village into districts, within which districts the use of the land and buildings, and bulk and location of the 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 impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at 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. [Res. 05-04. Prior code § 10-1-37].
18.125.020 Authority of the plan commission and board.
(a) The village board may by resolution authorize the zoning administrator to issue a conditional use permit for either regular or limited conditional use after review, public hearing, and advisory recommendation from the plan commission; provided, that such conditional use and involved structures are found to be in accordance with the purpose and intent of this zoning ordinance 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. Such board resolution, and 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 commission 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 right-of-way of a highway shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The plan commission shall request such review and await the highway agency’s recommendation for a period not to exceed 30 days before taking final action.
(c) Conditions such as landscape, 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 title.
(d) Compliance with all other provisions of this title such as lot width and area, yard, height, parking, loading, traffic, highway access, and performance standards shall be required of all conditional uses. [Res. 05-04. Prior code § 10-1-38].
18.125.030 Initiation of conditional use.
Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or 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 title in the zoning district in which such land is located. [Ord. dated 3/6/12 § 100; Res. 05-04. Prior code § 10-1-39].
18.125.040 Application.
Applications for zoning permits for conditional uses shall be made to the zoning administrator on forms furnished by the zoning administrator and shall include the information required in AMC 18.130.010 except to the extent such information is not required as determined by the plan commission. 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 this section. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this title, including a plan showing contours and soil types, high water mark and ground water conditions, bedrock, vegetative cover, specifications for areas of proposed filling, traffic access, driveways, walkways, open spaces and landscaping, plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations. [Res. 05-04. Prior code § 10-1-40].
18.125.050 Hearings.
(a) The village plan commission shall hold a public hearing upon each conditional use application giving Class 2 notice. 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. 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 recommendation. [Res. 05-04. Prior code § 10-1-41].
18.125.060 Review and approval.
(a) The village plan commission shall use the standards set forth in AMC 18.125.070 and the following when reviewing applications for conditional use:
(1) That the establishment, maintenance, or operation of the conditional use will not create a nuisance for neighboring uses or reduce the values of other property.
(2) That adequate utilities, access roads, parking, drainage, landscaping and other necessary site improvements are being provided.
(3) That the conditional use conforms to all applicable regulations of the district in which it is located.
(4) That the conditional use conforms to the purpose and intent of the village and extraterritorial land use plans.
(b) Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this title.
When a conditional use has been permitted or applied for in the R-1, R-2, or R-3 districts for a bed and breakfast establishment, daycare center, nursing or group home, a charitable or nonprofit institution or facility, a church, or a funeral home, signage of a type, size and location appropriate to the nature of the neighborhood and the proposed use may be considered and approved as part of the conditional use permit by the plan commission.
(c) Compliance with all other provisions of this title, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in Section 9.0.
(d) Steps in Application for a Conditional Use in Village.
(e) Recordkeeping. Records of all village plan commission actions approving conditional uses shall be maintained by the zoning administrator and shall be referred to in regard to enforcement and modification of conditional use approvals. [Res. 05-04. Prior code § 10-1-42].
18.125.070 Standards – Conditional uses.
No application for a conditional use shall be recommended for approval by the plan commission unless it shall find all of the following conditions present:
(a) That 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.
(b) That 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 conditional use and the proposed use is compatible with the use of adjacent land.
(c) That 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.
(d) That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(e) That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(f) That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
(g) That the proposed use does not violate floodplain regulations governing the site.
(h) That when applying the above standards to any new construction of a building or an addition to an existing building the plan commission 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.
(i) That in addition, in passing upon a conditional use permit, the plan commission 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 or 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 shore land location.
(8) Its compatibility with uses on adjacent land.
(9) The amount of liquid wastes to be generated and adequacy of the proposed disposal systems. [Ord. dated 3/6/12 § 101; Res. 05-04. Prior code § 10-1-43].
18.125.080 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
(a) 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 AMC 18.125.070. 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.
(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) No alteration of a conditional use shall be permitted unless approved by the village board, after recommendation from the plan commission.
(d) 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) Where slopes exceed six percent 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 shall comply with all other provisions of this title such as lot width and area, yards, height, parking and loading. [Res. 05-04. Prior code § 10-1-44].
18.125.090 Validity of conditional use permit.
Where the village board has approved or conditionally approved an 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 zoning administrator 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 village board at least 30 days before the expiration of said permit. [Res. 05-04. Prior code § 10-1-45].
18.125.100 Complaints regarding conditional uses.
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 code. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the plan commission, the 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 AMC 18.125.070, 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 AMC 18.125.050. 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 conditional use into compliance with the standards set forth in AMC 18.125.070 or conditions previously imposed by the 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 AMC 18.125.070(a) and (b) 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 the current owner of the conditional use in writing stating the reasons therefor. [Ord. dated 3/6/12 § 102; Res. 05-04. Prior code § 10-1-46].
18.125.110 Bed and breakfast establishments.
(a) Bed and breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to this title.
(b) “Bed and breakfast establishment” means any place of lodging that provides for four or fewer rooms for rent for more than 10 nights in a 12-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) Bed and breakfast establishments shall comply with the standards of Wis. Adm. Code Chapter HSS 197. [Res. 05-04. Prior code § 10-1-47].
18.125.120 Sexually oriented businesses.
A sexually oriented business establishment, as defined in AMC 5.35.020, shall be a permitted use in the B-1 or B-2 district. All pertinent general or district zoning restrictions shall apply. In addition, no permit may be granted for a sexually oriented business establishment unless it shall be located at least 200 feet from boundaries of parcel to parcel:
(a) The boundaries of the districts: R-1 small lot residential district, R-2 large lot residential district single-family, R-3 two-family residential district, and R-4 multiple-family residential district.
(b) Any property within the village used for a sexually oriented business shall be located at least 1,000 feet from a church, park or school.
All applicable provisions of the municipal code and the Wisconsin Statutes regulating uses shall apply to any request for a sexually oriented business establishment.
If any provision of this section is deemed invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the other provisions of same. [Res. 11-04; Res. 05-04. Prior code § 10-1-48].