(a) General Applicability. The procedures in this Section apply to large livestock facilities that require a conditional use under this Chapter and are supplementary to the general conditional use procedures of this Article. The other provisions of this Article regarding the review and granting of conditional use permits shall not be applicable to large livestock facilities conditional uses unless specifically referred to by this Section.
(b) Conditional Use Permits for Existing Livestock Facilities.
(1) When Required. A conditional use permit is required for the expansion of a pre- existing or previously approved livestock facility if the number of animal units kept at the expanded livestock facility will exceed all of the following:
a. The applicable size threshold for a conditional use permit established for the A-2 Zoning District in Article C where the facility is located.
b. The maximum number previously approved or, if no maximum number was previously approved, a number that is twenty percent (20%) greater than the number of animal units kept on the original effective date of this Chapter.
(2) When Permit Is Not Required.
a. A permit is not required for a livestock facility that existed before the original effective date of this Chapter.
b. A permit is not required for a livestock facility that was previously issued a conditional use permit or other local approval, except as provided in Subsection (b)(l) above. [Note: A prior approval for the construction of a livestock facility implies approval for the maximum number of animal units that the approved livestock facility was reasonably designed to house, except as otherwise clearly provided in the approval. Prior approval of a single livestock structure, such as a waste storage structure, does not constitute prior approval of an entire livestock facility].
(c) Application Procedure.
(1) Filing Requirements. A livestock operator filing for a livestock facility conditional use permit shall complete the application and worksheets of the Wisconsin Department of Agriculture, Trade and Consumer Protection prescribed in ATCP 51, Wis. Adm. Code, which are incorporated herein by reference without reproduction in full. The application form and worksheets establish compliance with the standards of ATCP 51, Wis. Adm. Code, and this Chapter. The livestock operator shall file four (4) duplicate copies of the application form, including worksheets, maps and documents (other than engineering design specifications) included in the application. If the conditional use permit application is locally approved, one (1) duplicate copy of the conditional use permit application must be filed with the Wisconsin Department of Agriculture, Trade and Consumer Protection, and one (1) duplicate copy marked "approved" shall be given back to the applicant. It is advisable that the applicant also record a duplicate "approved" copy with County Register of Deeds.
(2) Fees. A nonrefundable application fee as prescribed in Section 1-3-1 shall accompany an application. Processing of the application shall not proceed until such fee is paid.
(d) Application Review Procedure.
(1) Notice of Application Completeness. Within forty-five (45) days after the Village Administrator, or the Zoning Administrator, receives an application, it shall notify the applicant whether the application is complete. If the application is not complete, the notice shall describe the additional information needed. Within fourteen (14) days after the applicant provides all of the required information, the Zoning Administrator or Village Administrator shall notify the applicant that the application is complete. This notice does not constitute an approval of the proposed livestock facility.
(2) Notification of Adjacent Landowners. Within fourteen (14) days after the Zoning Administrator or Village Administrator notifies an applicant that his/her application is complete, the Zoning Administrator or Village Administrator shall notify adjacent landowners of the application pursuant to the procedures in Section 13-1-85, and this Article, including the public hearing notice requirements below. The Zoning Administrator shall use the approved notice form in ATCP 51, Wis. Adm. Code, and mail a written notice to each property owner situated within three hundred (300) feet of the boundaries of the applicant's property pursuant to the procedures in Section 13-1-85.
(3) Public Hearing. The Village shall schedule a public hearing on the application/notification pursuant to the requirements of Sections 13-1-84 and 13-1-85 before both the Plan Commission and Village Board meetings, or a joint public hearing may be held.
(e) General Standards. The general standards to be satisfied for issuance of a conditional use permit are as follows:
(1) State Livestock Facility Siting Standards. The State of Wisconsin livestock facility siting standards prescribed under ATCP, Wis. Adm. Code These state standards are incorporated herein by reference, without reproducing them in full.
(2) Ordinance Setbacks. Setbacks authorized by this Chapter by applicable zoning district.
(f) Criteria for Issuance of a Permit.
(1) Compliance With Standards. A permit shall be issued if the application for the proposed livestock facility contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets the standards specified in this Section.
(2) Basis for Denial. A conditional use permit application under this Section may be denied if any of the following apply:
a. The application, on it face, fails to meet the standard for approval.
b. The Village Board finds, based on other clear and convincing information in the record, that the proposed livestock facility does not comply with applicable standards in this Section.
c. Other grounds exist authorized by Section 93.90, Wis. Stats., that warrant disapproving the proposed livestock facility.
(3) Conditions. No conditions may be imposed on a conditional use permit under this Section other that standards described and provided in this Section.
(g) Determination.
(1) Plan Commission Advisory Recommendation.
a. Following referral of the conditional use permit application under this Section, the Plan Commission may recommend that the Village Board issue a conditional use for livestock uses specified under this Chapter after review and public hearing, provided such uses are in accordance with the purpose and intent of the underlying zoning district, and, more specifically, the standards for such conditional use permits under this Section.
b. The Plan Commission shall make findings of fact and recommend such actions or conditions relating to the request as the Plan Commission deems necessary to carry out the intent and purpose of this Section.
(2) Village Board Action.
a. Upon receiving the recommendation of the Plan Commission, the Village Board shall place the application and such recommendation(s) on the agenda for a subsequent Village Board meeting. The hearing requirements of Subsection (d)(3) shall be followed.
b. If, following the recommendations of the Plan Commission, the Village Board finds that specific inconsistencies exist in the review process or significant new facts have now been made available and thus the final determination of the Village Board could differ from the advisory recommendation of the Plan Commission, the Village Board may, before taking final action, refer the matter back to the Plan Commission with the written record or separate statement/report, explaining the specific reason(s) for referral. This referral action shall only be permitted one (1) time with each conditional use permit application under this Section.
c. At the Village Board's discretion, the Village Board shall have the option to set and hold a public hearing at the next regular Village Board meeting. Such hearing shall be noticed and conducted as prescribed in Sections 13-1-84 and 13-1-85.
d. The Village Board shall issue its decision in writing, which may be the minutes of the Village Board's meeting. The Village Board's decision shall be based on written findings of fact supported by evidence in the record. In the event that a livestock facility conditional use permit application is approved, the applicant shall receive a duplicate copy of the approved application, marked "approved". The duplicate copy must include worksheets, maps and other documents included in the application.
e. The Village Board shall grant, deny or conditionally approve a livestock facility conditional use permit application within ninety (90) days after the notice of a complete application is provided as required under Subsection (d) above.
f. The Village Board may extend this time for good cause, including any of the following:
1. The Village Board needs additional information to act on the application.
2. The applicant materially modifies the application or agrees to an extension.
g. The Village Board shall give written notice of any extension. The notice shall specify the reason for the extension, and the extended deadline date by which the Village Board will act on the application.
(h) Notice To The State. As required by ATCP 51.36, Wis. Adm. Code, within thirty (30) days of the Village Board's decision on the application, the Village Administrator shall:
(1) Notice of Decision. The Village Administrator shall give the Wisconsin Department of Agriculture, Trade and Consumer Protection written notice of the Village Board's decision.
(2) Filing Of Final Application/Worksheets. The Village Administrator shall file with the Wisconsin Department of Agriculture, Trade and Consumer Protection ("Department") a copy of the final application granted or denied, if the Village has granted or denied an application under this Section. Such copy shall include all of the worksheets, maps and other attachments included in the application, except that it is not required to include the engineering design specifications.
(3) Approval Withdrawal. If the Village has withdrawn a local animal livestock facility conditional use permit approval under this Section, the Village Administrator shall file with the Department a copy of the Village final notice or order withdrawing the local approval.
(i) Permit Expiration. A conditional use permit under this Section remains in effect regardless of the amount of time that elapses before the livestock operator exercises the authority granted under such permit, and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the Village Board may treat a conditional use permit under this Section as lapsed and withdraw the permit if the permit holder fails to do all of the following within two (2) years after issuance of the permit:
(1) Animal Populating Requirement. Begin populating the new or expanded livestock facility; and
(2) Construction Requirement. Begin constructing all of the new or expanded livestock housing or waste storage structures proposed in the conditional use permit application.
(j) Permit Modifications. The operator may make reasonable changes that maintain compliance with the standards in this Section, and the Village Board shall not withhold authorization for those changes.
(k) Compliance Monitoring. The Village of Edgar shall monitor compliance with this Section as follows:
(1) Inspections. Upon notice to the livestock facility owner request the right of the Zoning Administrator or designee to personally view the permitted facility at a reasonable time and date to insure that all commitments of the application as approved are being complied with.
(2) Inspection Refusal. If the livestock facility owner refuses the Zoning Administrator or designee the right to view the permitted facility, the Zoning Administrator or designee may request the assistance of law enforcement authorities to obtain an inspection warrant from the circuit court to inspect the permitted facility for the purpose of protection of the public health and safety under Section 66.0119, Wis. Stats.
(3) Noncompliance; Time to Correct. If a permitted facility is found not to be in compliance with the commitments made in the approved application, the Zoning Administrator or designee shall issue a written notice to the livestock facility owner stating the conditions of noncompliance and directing that compliance of the commitments of the approved application and be complied with in a reasonable amount of time stated in the written notice.
(4) Failure to Correct. If noncompliance of the conditional use permit conditions as described in the written notice given by the Zoning Administrator continue past the stated reasonable time to comply, the Zoning Administrator may take further action as provided in this Section and Zoning Code, including, but not limited to, issuance of a citation or seeking of injunctive relief.
(5) Compliance Disputes; Hearing. If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request a hearing, such request to be in writing to the Village Administrator within five (5) days of receipt of the notice of noncompliance. Upon receipt of such written hearing request, the Village Board shall schedule a hearing within five (5) days to determine if the conditions of the permit have been complied with or whether noncompliance of the commitments of the approved application and local approval exists.
(I) Terms of the Permit; Violations.
(1) Compliance With Permit Standards. A livestock facilities conditional use permit, and the privileges granted by such a permit under this Section, is conditioned on the livestock operator's compliance with the standards in this Section, and with the commitments made in the application for a permit.
(2) Violations; Penalties.
a. The Village of Edgar is authorized to suspend a livestock facilities conditional use permit or seek other redress in this Section and Zoning Code for noncompli- ance, including, but not limited to, penalties under Section 13-1-225 of this Chapter and permit revocation or suspension, forfeiture and/or injunctive relief. In considering permit suspension or revocation, the Village Board shall consider extenuating circumstances, such as adverse weather conditions, that may affect an operator's ability to comply.
b. In addition to any penalties herein, the cost of abatement of any public nuisance on the permitted facility by the Village may be collected under this Section or Section 823.06, Wis. Stats., against the owner of the real estate upon which the public nuisance exists. Such costs of abatement may be recovered against the real estate as a special charge under Section 66.0627, Wis. Stats., unless paid earlier.
(m) Transferability.
(1) Permit To Run With Land. A livestock facilities conditional use permit and the privileges granted by the permit run with the land, and remain in effect, despite a change in ownership of the livestock facility, provided the new operator does not violate the terms of the Village approval. An applicant may record with the Register of Deeds, at the applicant's expense, the duplicate copy of the approved application.
(2) Requirements Upon Change of Ownership. Upon a change of ownership of the livestock facility, the new owner of the facility shall file information with the Village Administrator providing pertinent information, including, but not limited to, such information as the name and address of the new owner and date of transfer of ownership.
(n) Appeals.
(1) Appeals Under This Chapter. Appeals to this Section shall be taken pursuant to Article N of this Chapter.
(2) Appeals To State Livestock Facility Siting Board.
a. In addition to other appeal rights provided by law and this Chapter, Section 93.90(5), Wis. Stats., provides that any aggrieved person may request review by the Livestock Facility Siting Review Board of any decision by the Village in connection with a permit application.
b. An aggrieved person may challenge the decision on the grounds that the Village incorrectly applied the standards under this Section or violated Section 93.30, Wis. Stats.
c. An "aggrieved person" under this Section as defined in Section 93.90(5), Wis. Stats., means a person who applied to a political subdivision, i.e. Village, for approval of a livestock siting or expansion, a person who lives within two (2) miles of the livestock facility that is proposed to be sited or expanded, or a person who owns land within two (2) miles of a livestock facility that is proposed to be sited or expanded.
d. Any appeal to the State Livestock Facility Siting Review Board brought under this Subsection shall be requested within thirty (30) days of the Village Board approval or disapproval or within thirty (30) days after the decision on appeal before the Zoning Board of Appeals.