MapLink™ | Procedures | Conditional

Hello! Content on this website is provided as a convenience and is for informational use only. Be sure to review the Terms of Use for all of the details related to your use of this website.
§ 415-30 Purpose.
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 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.

§ 415-31 Administration.
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 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 Board in its findings shall further specify the delimiting 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, and 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 rights-of-way of freeways and 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 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 Village Board upon its 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.

§ 415-32 Initiation of conditional use.
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.

§ 415-33 Application for conditional use.
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 and 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 § 415-36 hereinafter. The Plan Commission 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, and 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, and water supply systems; and arrangements of operations.

§ 415-34 Hearing on application.
A. 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 § 415-33 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 manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
B. Notice of the time, place and purpose of such hearing shall be given by publication as a Class 1 notice under the Wisconsin Statutes in the official Village paper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the 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.

§ 415-35 Report; classes of conditional uses.
A. 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 recommendation and findings.
B. Classes of conditional uses.
(1) Conditional uses may be denominated either "regular" or "limited."
(2) Provisions applicable to conditional uses generally.
(a) Conditional uses and their accessory uses are considered as special uses requiring, for their authorization, review, public hearing, and approval by the Plan Commission and Village Board in accordance with this Article IV, excepting those existent at time of adoption of the Zoning Code.
(b) Those existing uses which are classified as conditional uses for the district(s) in which they are located at the time of adoption of this chapter require no action by the Plan Commission and Village Board for them to continue as valid conditional uses, and the same shall be deemed to be regular conditional uses.
(c) A proposed change from a permitted use in a district to a conditional use shall require review, public hearing and approval by the Plan Commission and Village Board in accordance with this Article IV.
(d) A conditional use, when replaced by a permitted use, shall terminate. In such case, the reestablishment of any previous conditional use or establishment of a new conditional use shall require review, public hearing and approval by the Plan Commission and Village Board in accordance with this Article IV.
(e) Provisions in this chapter relating generally to conditional uses shall, except when in conflict with specific provisions relating to either regular or limited conditional uses (which specific provisions would then control), be deemed to be applicable to both regular and limited conditional uses.
(3) Provisions applicable specifically to regular conditional uses.
(a) Regular conditional uses, either allowed by action of the Village Board or existent at time of adoption of this chapter, shall be nonlapsing, shall survive vacancies and change of ownership of the properties where located and shall be subject to substitution with other conditional uses of the same or similar type without Board approval. Change to a conditional use of other than the same or similar type shall require procedures and approval in accordance with this Article IV.
(b) See Subsection C(2)(a) above as to conditional uses existent at time of adoption of this chapter being deemed to be regular conditional uses.
(4) Provisions applicable specifically to limited conditional uses.
(a) Limited conditional uses authorized by Village Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
(b) Limited conditional uses authorized by the Village Board shall not be subject to substitution with other conditional uses, either regular or limited, whether similar type or not, without Board approval and the procedures required in this Article IV.

§ 415-36 Standards for conditional uses.
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 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.
(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, 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 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 objective of the zoning district.
C. In addition, in passing upon a conditional use permit, the Plan Commission and Village 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, with findings, of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing, when so requested, those standards that are not met and enumerate reasons the Commission has used in determining that each standard was not met.

§ 415-38 Conditions and guarantees.
The following conditions shall apply to all conditional uses:
A. Conditions and restrictions. 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 § 415-36 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 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 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. 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.
E. 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 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.
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 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 § 415-36 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 § 415-34 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 § 415-36 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 that standards in Subsections A and B in § 415-36 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.

§ 415-41 and § 415-42 refer to specific land uses and are referenced on the land use page of this site.