A. Conditional Use Permits.
The Village Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this Chapter and are not found to be hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the community. Conditional uses in the floodplain districts shall be required to meet the requirements in Chapter 37.
B. Applications.
Applications for conditional use permits shall be made to the Zoning Administrator and shall include the following:
1. A site plan of the property accurately dimensioned showing the location of all existing and proposed structures and use area showing conformance with 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layout and Construction Principles”; and 35-22 D. “Site Planning and Design Standards.”
2. Name of project.
3. Owner's and/or developer's name, physical address, and email address.
4. Architect and/or engineer's name, physical address, and email address.
5. Date of plan submittal.
6. Existing topography shown at a contour interval not less than two feet, or where not readily available elevations at appropriate locations.
7. Proposed changes in topography showing conformance with Ch. 32 Post Construction Stormwater Management and Ponds; and Ch. 35-22 D. “Site-Planning and Design Principles”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping.”
8. The characteristics of soils related to contemplated uses.
9. The type, size, location, height, and dimensions of all structures including fences and walls showing conformance with all provisions of the underlying zoning district, such as lot width and area, setbacks, yards, building heights, etc.; Ch. 35, s. 35-190 “Architectural Control”; 35-22 B. “Site Planning and Design Principles”; s. 35-22 C. “Building, Design, Layout and Construction Principles”; and 35-22 D. “Site Planning and Design Standards”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping.”
10. Primary building materials used in construction of all structures showing conformance with Ch. 35, s. 35-190 “Architectural Control” and s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects,” subsection C. “Building, Design, Layout and Construction Principles.”
11. Architectural plans, elevations, and perspective drawings and sketches illustrating the design and character of proposed structures.
12. Location and number of parking stalls and loading and storage areas showing conformance with Ch. 35, s. 35-160 “Traffic, Parking & Access”; s. 35-161 “Parking Requirements”; s. 35-162 “Driveways”; and s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects”, subsection D. “Site Planning and Design Standards”, subsection 4. “Parking area requirements.”
13. Location and size of existing and proposed sanitary sewers, septic tanks and disposal fields, holding tanks, storm sewers and water mains showing conformance with Ch. 10 “Public and Private Sewer Systems”; Ch. 32 “Chapter 32 Post Construction Stormwater Management and Ponds”; and Ch. 35-15 “Site Restrictions” subsection F. regulating private well construction.
14. Location of proposed solid waste (refuse) and recycling storage areas showing conformance with Ch. 35, s. 35-22 D. “Site Planning and Design Standards”, subsection 9. “Location and Design of Loading Facilities and Waste Storage.”
15. Location of pedestrian sidewalks and walkways showing conformance with Ch. 35, s. 35-22 D. “Site Planning and Design Standards”, subsection 6. “Pedestrian Flows.”
16. Existing and proposed public right-of-way widths for conformance with Ch. 35, s. 35-160 “Traffic, Parking & Access”; and Ch. 30, s. 30-82 “Street Plans, Improvements and Standards.”
17. Location, type, height and intensity of proposed lighting showing conformance with Ch. 35, s. 35-22 D. “Site Planning and Design Standards”, subsection 7. “Outdoor Lighting.”
18. Location of existing trees and extent, and type of proposed plantings including type and extent of erosion control showing conformance with Ch. 32 “Chapter 32 Post Construction Stormwater Management and Ponds”; and 35-22 D. “Site Planning and Design Principles”, subsections 2. and 3. “Open Space Requirements” and “Site Landscaping.”
19. A graphic delineation of any planned development staging.
20. Any other site or use information, such as 100 year internal flood lines, which will assist the Plan Commission in making a determination and recommendation on the proposal. Conditional uses in the shoreland-wetland and floodplain districts are required to submit plans showing conformance with Ch. 36, “Shoreland-Wetland and Shoreland Zoning Districts” and Ch. 37, “Floodplain Zoning.”
21. Operations plan data to be submitted with all plan review applications shall include at least the following:
a. Specific use of site and building(s).
b. Hours of operations.
c. Number of full and part time employees.
d. Estimate of daily truck and auto trips to the site.
e. Type of materials and equipment to be stored on site.
f. Method of handling solid and liquid waste disposal.
g. Method of exterior maintenance (site and buildings).
h. Method of site and building security other than local police.
i. Copies of all special use permits issued by state or county agencies.
j. Any other information which will assist the Plan Commission in making a determination and recommendation of the proposal.
C. Review and Approval.
a. All provisions of the underlying zoning district, such as lot width and area, yards, building heights;
b. Site and neighboring land and water uses for conformance with Ch. 35, s. 35-15 “Site Restrictions” and Ch. 35, s. 35-22 “Principles and Standards for the Aesthetic Evaluation of Site and Building Projects,” subsections B. and D. “Site Planning and Design Principles”; and “Site Planning and Design Standards”;
f. Solid and liquid waste disposal plans for conformance with Ch. 10 “Public and Private Sewer Systems”;
g. Private water supply systems for conformance with Ch. 35-15 “Site Restrictions” subsection F. regulating private well construction;
h. Waste storage area plans for conformance with Ch. 35, s. 35-22 D. 9. “Location and Design of Loading Facilities and Waste Storage”;
j. Lighting plans for conformance with Ch. 35, s. 35-22 D.7. “Outdoor Lighting”;
k Pedestrian sidewalks and walkway plans for conformance with Ch. 35, s. 35-22 D.6. “Pedestrian Flows”;
l. Landscaping plans for conformance with and Ch. 35, s. 35-22 D.3. “Site Landscaping”;
n .Operations plan data for conformance with Ch. 335, s. 35-250 “Performance Standards”; and
o. All other applicable village, county, state regulations specific to the proposed use.
2. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, location, size and number of signs, water supply and waste disposal system, higher performance standards, street dedication, certified survey maps, floodproofing, ground cover, diversions, silting basins, terraces, stream bank protection, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or additional parking may be required by the Village Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this Chapter and the Wisconsin Statutes. Compliance with all other provisions of this Chapter, such as lot width and area, yards, building height, parking, loading, traffic, highway access, aesthetic evaluation and performance standards shall be required of all conditional uses.
3. 1 The Plan Commission shall hold a public hearing, giving a Class 2 notice therefor as set forth in s. 35-240. The Plan Commission shall approve the conditional use permit and the conditions to be applied thereto, or shall deny the permit as set forth in Wis. Stat. s. 62.23(7)(de), as follows:
a. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the Code or those imposed by the Plan Commission, the Plan Commission shall grant the conditional use permit. Any condition imposed must be related to the purpose of the Code and be based on substantial evidence.
b. The requirements and conditions described under subsection a. must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the Plan Commission relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The Plan Commission’s decision to approve or deny the permit must be supported by substantial evidence, i.e., facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
c. Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the Plan Commission may impose conditions such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in the Code or by the Plan Commission.
d. If a person's conditional use permit application is denied, the person may appeal the decision to the circuit court under the procedures contained in Wis. Stat. s. 62.23(7)(e) 10.
4. Variances shall only be granted as provided in Section 35-210 and other applicable chapters of this Municipal Code.
D. Residential Conditional Uses. The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:
1. Cluster residential developments in the residential, A-2 and C-2 districts shall be permitted as conditional uses. The district regulations may be varied provided that the adequate open space shall be provided so that the average intensity and density be no greater than one dwelling unit per three acres. The original and all subsequent owners shall assure, by deed restrictions enforceable by the Village, proper preservation, care and maintenance of exteriors; designs; all common structures; facilities; utilities; accesses; and open spaces.
Development | Area | Minimum 20 acres |
Lot | Width | Minimum 150 feet |
Area | Minimum 40,000 sq. ft. | |
Dwelling | Height Area | Maximum 35 feet Minimum 1200 sq. ft. single story 1700 sq. ft. multiple story |
Residential Accessory Structures | Height | Maximum 15 feet |
Agricultural Accessory Structures (barns, silos, sheds, storage bins | Height | Maximum two times the distance from the nearest lot line |
Yard (Setbacks) | Street | Minimum 50 feet |
Side | Minimum 15 feet | |
Rear | Minimum 50 feet | |
2. Manufactured Homes.
a. Definitions. The following words, terms and phrases shall have the meanings set forth in section 21-1 of this Municipal Code, except where the context clearly indicates a different meaning: “Licensee,” “Community,” “Manufactured Home,” “Mobile Home,” “Unit,” “Manufactured Home Community,” and “Site.”
b. When, Where Allowed.
(1) Manufactured Home Communities may be allowed as a conditional use in the A-2 Agricultural District subject to the requirements of this subsection and all provisions of this Chapter pertaining to conditional uses.
(2) No manufactured home shall be used as a residence within the Village unless:
(a) It is located within a manufactured home community for which a conditional use permit has been issued; or
(b) It is located on a farm and the occupants of the manufactured home are the father, mother, son, daughter, brother or sister of the farm owner or operator or where the occupants of the manufactured home works on the farm and a conditional use permit has been issued. The individual site, area and yard requirements of this section shall apply to manufactured homes located on a farm; or
(c) It meets the requirements set forth in s. 35-15.I.5.b., or
(d) In the event a dwelling on real estate outside of a manufactured home community was destroyed by fire or other casualty, the dwelling is voluntarily removed by the owner of the dwelling, and the owner desires to rebuild a home on the location of the home so destroyed or removed, the owner may apply to the Plan Commission for a permit to temporarily keep a manufactured home on the real estate for occupancy as a dwelling by persons who had occupied the destroyed or removed dwelling. The permit may be granted by the Plan Commission for a period not to exceed one year. The manufactured home shall conform to all applicable requirements of this Municipal Code. In the event a new dwelling cannot be completed within the initial permit period, the owner may apply for and the Plan Commission may grant an extension of up to 90 days.
c. Application for Zoning Permit.
(1) An application for a conditional use permit for a manufactured home community shall be accompanied by a license or application for a license from the Village pursuant to Chapter 21 and application for plan approval and a permit from the Wisconsin Department of Safety and Professional Services pursuant to Wis. Admin. Code ch. SPS 326. In the absence of a Village license or State Permit, the application for a conditional use permit shall be denied. The application shall be filed with the Zoning Administrator along with plans and specifications in compliance with the all Village ordinances and state laws and a performance bond in the amount necessary to insure completion of the manufactured home community within nine months from the date of the issuance of the conditional use permit and insuring further that such completion is in compliance with the requirements of this Chapter. No manufactured home shall be occupied until all conditions of this Chapter have been met.
(2) The construction or expansion of a manufactured home community shall be completed within nine months, but the time may be extended for not more than an additional 90 days in the aggregate by the Zoning Administrator with the approval of the Plan Commission for good cause shown.
(3) The provisions of Wis. Admin. Code ch. SPS 326 are minimum requirements enforced by the State. The local of this Chapter and Chapter 21 are in addition to the requirements set forth in Wis. Admin. Code ch. SPS 326 and where the provisions of this Municipal Code are more restrictive than the state requirements, the provisions of this Municipal Code shall prevail.
(4) The application shall contain the following information:
(a) Name, address and telephone number of applicant;
(b) Legal description of the land upon which applicant seeks to have a zoning permit for a manufactured home community;
(c) The names and addresses of all persons owning land abutting upon such land; and
(d) The names and addresses of all persons owning lands located across the street from such land.
(e) Copies of the plans submitted to the Wisconsin Department of Safety and Professional Services required under Wis. Admin. Code ch. SPS.
d. Location. No manufactured home shall be located less than 50 feet from any highway right-of-way line. The location of each manufactured home community shall be approved or denied in writing. In approving such location, the Zoning Administrator shall view the proposed site or sites and shall consider such evidence as may be presented, bearing upon the general purposes and intent of this Chapter to promote the public health, safety and general welfare and the specific purpose of this section to prevent the overcrowding of land and the development of housing blight in rural areas.
e. Specific requirements.
(1) Drainage. Every manufactured home community and every manufactured home within the community shall be located on a well-drained area and shall be so graded and adequately drained to prevent the accumulation of stormwater or other waters in the manufactured home community or on any site, and drainage easements shall be obtained when necessary.
(2) Sewage. Adequate provisions shall be made for the disposal of all sewage from a manufactured home community into a municipal sanitary sewer where available, or by a properly constructed and maintained sewage system approved by Racine County and the DNR.
(3) Water. Where a public water supply is not available within the manufactured home community an adequate supply of pure water for drinking and domestic purposes shall be provided in an amount sufficient to care for the needs of the maximum number of persons which can be accommodated in such manufactured home community, approved by the DNR.
(4) Refuse. Every manufactured home shall conform to the refuse and recycling requirements of this Municipal Code. Refuse shall be disposed of as often as necessary to prevent decomposition or overflow.
(5) Lighting. All entrances, exits, lanes, and driveways between rows of manufactured homes used or occupied in any manufactured home community shall be lighted by electric lighting of at least one watt per lineal foot.
f. Manufactured Home Sites and Automotive Vehicle Parking.
(1) Each manufactured home shall be located on a site of not less than 6,000 square feet with a minimum width of 50 feet. Each double manufactured home shall be located on a site of not less than 9,000 square feet with a minimum width of 75 feet. If parking is not provided on the individual site, but within a reasonable distance of the site, the square footage of the site may be reduced by 400 square feet for a single manufactured home or 600 square feet for a double manufactured home.
(2) Each manufactured home site shall contain a pad upon which the manufactured home shall be situated, which shall be paved with concrete or bituminous material. Each pad shall not be less than ten feet wide nor of less length than the length of the manufactured home to be parked thereon, plus five feet.
(3) Off street parking spaces in a ratio of one and one-half for each site shall be provided for and maintained in good condition. There shall be off-street parking places for automotive vehicles within the community, either on each site or located within a reasonable distance from each unit, paved with concrete or bituminous material, equal to not less than 400 square feet for each manufactured home site. Each automobile parking place shall not be less than nine feet wide and 160 square feet in area, exclusive of maneuvering and access space.
g. Streets and Sidewalks.
(1) Streets.
(a) In a manufactured home community there shall be a system of private streets with a minimum of 66-foot dedicated widths.
(b) The private streets shall be paved with concrete or bituminous material, providing access from each and every manufactured home site and automotive parking space within the manufactured home community to the public street or highway; provided that there shall not be more than two entrances from or exits to the public street or highway from any one community. The private street shall be paved to the following widths:
[1] Parking one side or no street parking: 28 feet
[2] Parking two sides: 32 feet.
(2) Sidewalks. If recreation buildings, laundry facilities, or any other service areas are provided for the convenience of the manufactured home community residents, there shall be sidewalks, with a minimum of 30-inch widths, paved with concrete or bituminous material, from every manufactured home site within the manufactured home community to the building, facility or area.
h. Setbacks and Yards.
(1) Each manufactured home pad shall be separated from all other manufactured home pads, automobile parking spaces or service buildings or structures within the community by open spaces, permanently planted to grass, flowers, shrubs or trees, which shall not be less than 15 feet wide, except a garage, or accessory structure belonging to the site or unit owner may be closer to the pad if it meets the accessory structure requirements of this Chapter.
(2) The setback from the private street right-of-way shall be not less than ten feet.
(3) Each manufactured home community shall be completely surrounded, except for permitted entrances and exits, by a yard, in addition to all other required yards and open spaces, which shall not be less than 15 feet wide.
(4) Each manufactured home community shall contain an open area for recreation and park purposes which shall be appropriately landscaped and planted to grass and trees. Said open area shall not be less than two acres for every 25 manufactured home spaces in the manufactured home community.
i. Rules and Regulations. The manufactured home community licensee shall provide the rules and regulations it will prescribe and enforce so as to insure:
(1) That the community will be kept and maintained in a neat, sightly and orderly manner.
(2) That no public or private nuisance may be kept or maintained in the community.
(3) That no manufactured home shall be used for illegal purposes.
(4) That no manufactured home shall be used for other than residential purposes or by more than one person, whether child or adult, for each 125 square feet of floor area thereof.
j. Manufactured Home Use Restrictions: Businesses Prohibited. No business shall be conducted in any manufactured home in a manufactured home community.
k. Appeal from Denial. In the event an application for a conditional use permit is denied, the applicant has the right to appeal the decision as set forth in this chapter and as set forth in Wis. Admin. Code s. SPS 326.05(2).
E. Commercial Conditional Uses.
The following commercial uses shall be conditional uses and may be permitted as specified:
All drive-in facilities require Conditional Use Permits
All developments within 50 feet of any existing or mapped state trunk highway or county trunk highway and/or within 150 feet of an existing or mapped centerline of intersection with any other road require Conditional Use Permits.
Any development involving multiple, principal use buildings or multiple tenants in a single commercial building or any single commercial building 2,500 gross square feet or larger.
Drive-in banks in all business districts.
Motor vehicle sales and service repair, upholstery repair, body shops, trailer sales, rentals, and service, and tractor and other farm implement sales and service, including vehicle washing facilities, and public parking lots in all Business Districts, but not including the storage of junked or wrecked automobiles and/or parts, provided all parking of vehicles (including vehicles with more than six wheels) is specifically addressed in the permitting process. Gas pumps shall not be located closer than 30 feet from a side lot line or a rear lot line, and not closer than 25 feet from an existing or proposed street line.
Residential quarters for the owner, proprietor, commercial tenant or rental apartments on a non- ground floor level shall be deemed a conditional use and shall be subject to Village Plan Commission approval of building, site and operational plans.
Commercial recreational facilities, such as bowling alleys, gymnasiums, lodges, miniature golf, pool and billiard halls, indoor skating rinks, and indoor theaters are conditional uses and may be permitted in all Business Districts.
Motor vehicle sales and service repair, upholstery repair, body shops, trailer sales, rentals, and service, and tractor and other farm implement sales and service, including vehicle washing facilities, and, but not including the storage of junked or wrecked automobiles and/or parts in the B-3, B-4 & B-5 Business Districts, provided all parking of vehicles (including vehicles with more than six wheels) is specifically addressed in the permitting process. Gas pumps shall not be located closer than 30 feet from a side lot line or a rear lot line, and not closer than 25 feet from an existing or proposed street line.
Public parking lots in all Business Districts.
F. Industrial / Manufacturing Uses.
1. Unless a conditional use must be conducted outdoors, all structures and improvements for conditional principal uses, including their related accessory uses, are subject to the following general provisions:
a. No merchandise shall be handled for sale or service rendered on the premises except such as are incidental or accessory to the principal permissible use of the premises, except for sales or service to industrial customers
b. All operations and activities of all uses within this district shall be conducted wholly inside a building or buildings
c. No continuous or intermittent noise from operations greater than the volume and range of noise emanating from vehicular traffic or its equivalent in noise shall be detectable at the boundary line of any residence district
d. No toxic matter, noxious matter, smoke, or gas, and no odorous or particulate matter detectable beyond the lot lines shall be emitted
e. No vibrations shall be detectable beyond the lot lines
f. No glare or heat shall be detectable beyond the lot lines
g. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any residence district or into public streets or parks
2. The storage or use of chemicals, whether solid, liquid or gas, shall be subject to the following conditions:
a. The storage, utilization, or manufacturing of materials or products ranging from incombustible to moderate burning is permitted
b. The storage, utilization or manufacturing of materials, or products ranging from free to active burning is permitted provided the following condition is met: said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system
c. The manufacture of flammable materials which produce explosive vapors or gases is prohibited
3. Special Conditional Use Provisions for Quarrying Operations.
Quarrying operations, including mineral extraction, washing, crushing or other processing, are conditional uses permitted in the M-4 Quarrying District. No person or other entity shall operate a quarry, gravel pit, sand pit, asphalt or tar paving mix plant or a concrete ready mix plant within the Village without first obtaining conditional use permit approval from the Plan Commission as hereinafter provided.
a. Reclamation Plan.
(1) The application for the conditional use permit shall include a restoration plan. Under Wis. Admin. Code ch. NR 135, Nonmetallic Mining Reclamation, and Racine County Code chapter 12.5, the applicant is required to submit a copy of the reclamation plan to the Racine County Planning Division for its review and approval, unless exempted thereunder.
(2) The reclamation plan provided by the applicant shall meet the requirements of Racine County. The applicant shall pay all fees required by Racine County directly to Racine County, and shall provide financial security to Racine County which names Racine County as the beneficiary thereunder, which will enable Racine County to perform the planned restoration on the site in the event of default by the applicant.
(3) No conditional use permit issued by the Village of Rochester shall be effective until the applicant’s reclamation plan has been approved by Racine County.
b. Conditional Use Permit.
Application. Applications for permits shall be submitted in writing, in duplicate to the Village Plan Commission and shall set forth the following information:
(1) Completed zoning and conditional use applications forms.
(2) A written report and site plan outlining the following issues:
(a) Name and address of the applicant.
(b) Name and address of the owner of the site on which use is taking place.
(c) Description of site for use by lot, block, and recorded subdivision or by metes or bounds.
(d) Address of site.
(e) Statement of the nature of the proposed operation, and appropriate exhibits, including:
[1] List of equipment and machinery to be used to conduct operations.
[2] Type and amount of explosives to be used or stored, if any.
[3] Size, location, and use of the buildings to be constructed on the site.
[4] Smoke and dust control devices to be utilized, if any.
[5] Highways to be used for the truck traffic to and from the subject site.
[6] Deodorants or odor control devices.
[7] Proposed devices for muffling of noise.
[8] The employment of safety devices to protect the public from dangers inherent to the proposed use.
[9] Method of concealing unsightly deposits, if any.
[10] Employee and machinery/equipment parking areas.
[11] Any other pertinent data which the applicant deems material, or as requested by the Village.
(f) Zoning of the site to be used. Existing land use and zoning abutting subject property.
(g) Depth of existing and proposed excavations.
(h) Commencement and completion dates of each type of operation proposed.
(i) Hours and days of operation.
(j) Number of employees.
(k) Method and manner of draining surface water and accumulated water from the premises.
(l) Method and manner of restoring the areas of the operation after the cessation of operation to a condition of practical usefulness and reasonable physical attractiveness.
(m) Topographic mapping of the site showing existing and proposed contours, with a contour interval no greater than two feet. (12 copies)
(n) Existing trees four inches or more in diameter, measured four feet from the existing elevation and proposed tree plantings; provided, however that, for heavily wooded areas, the perimeter of the heavily wooded area may be delineated and the types of trees and range of diameters may be provided.
(o) Landscaping berms, fencing and gates.
(p) Sign locations and sizes.
(q) Existing and proposed access roads.
(r) Water supply facilities, including the source quantity and disposition of the water to be used.
(s) Proposed sanitary facilities (obtain Racine County sanitary approval for on-site sanitary facilities).
(t) Test results of area water wells, and proposed testing plans, where the proposed use includes excavation below the water table, along with sureties to insure performance of continued testing and resolution of issues identified, in a form determined by the Village Plan Commission upon the Village Plan Commission finding that such condition or conditions are proper for protection of health, safety and or welfare of the public.
(u) Highway access restrictions, deed restrictions, and traffic control, along with repair plans for Village roads affected by the operation. Where determined necessary by the Village Plan Commission, the applicant shall submit a financial surety for the projected road repair.
(v) Letter of Agreement from the applicant agreeing to restore the subject site in accordance with the approved reclamation plan (see subsection (5.07.c.(1)).
(w) The Village Plan Commission may also as a condition precedent to the issuance of the zoning permit and conditional use permit, require an agreement with the applicant and owner whereby they agree to restore the site to a condition of practical usefulness and reasonable physical attractiveness.
c. Fees.
(1) An application for an original permit or a renewal of an existing permit shall be accompanied by a fee, in an amount set by the Village Board and set forth in the Village of Rochester Fee Schedule, to defray the cost of publication of notice of hearing, investigation of the site, public hearing, and permitting.
(2) An application for a permit, where the operation plan of the property is not changed, shall be accompanied by a fee in an amount set by the Village Board and set forth in the Village of Rochester Fee Schedule.
d. Review and Hearing.
(1) Upon receipt of an application submitted the Village Plan Commission shall inspect the site for which a permit is requested and shall review the proposed structures, neighboring land and water uses, driveway locations, highway access, traffic generation and circulation drainage, waste disposal, water supply system, effect of the proposed use and operation upon use of surrounding lands, natural beauty, soil erosion, water quality, wildlife habitat, and shoreland cover and method, manner and practicality of restoration of the area after cessation of use.
(2) A public hearing shall be held by the Village Plan Commission at its regular meeting place and a notice of said meeting shall be sent by regular mail to the applicant and all persons owning property lying within 500 feet of the site designated in the application. In addition, the Village Clerk shall post a notice of such meeting and a Class 2 notice shall be published, the last insertion to be at least 10 days before the date of said public hearing. At such hearing, the Village Plan Commission shall hear all persons interested in granting or denying said permit and may, if it deems fit, take testimony relative to the applications.
Where the permit applied for relates to the continuation of an existing business that previously held a conditional use permit, Plan Commission shall have the option to require a public hearing, but in the absence of such requirement, no public hearing shall be held and no public hearing notice or mailing shall be required. An application for the expansion of, or changes to, an existing business shall require a public hearing.
e. Determination by Plan Commission.
Within 90 days after the public hearing the Plan Commission shall either grant or deny the conditional use permit. In making such determination the Plan Commission shall consider whether the proposed use will be detrimental to the health, safety and /or welfare of the public; such determination shall be made on the basis of the information contained in the application, the recommendation of the Village and information presented at the public hearing. The Plan Commission may also inspect the site.
The Plan Commission shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the practicality of the proposed restoration of the site.
f. Terms of Permit.
(1) A conditional use permit issued pursuant to this Section shall be for a term of not to exceed two years and may be renewed upon application for successive periods of not more than two years. Modifications or additional conditions may be imposed upon application for renewal and the procedure for renewal shall be the same as that in application for the original permit. In any event, such permit shall terminate:
(a) Upon change of ownership of the site for which the permit is issued; or upon change of ownership of the firm, company, corporation or municipality operating the business holding the conditional use permit.
(b) In the event the use for which the permit was issued is discontinued for any period of more than one year during the term of the permit.
(c) In the event of the occurrence of (a) or (b), above, another permit shall be applied for and obtained by the proposed operator as a condition precedent to the continued operation of the business, the operation of a new business, or the resumption of the discontinued business.
(d) In the event of application for a permit to which (a) or (b) above applies, the Plan Commission may consider the same without the necessity of holding a public hearing.
(2) Any permit issued pursuant to this subsection shall be deemed an original permit and the permitted operator shall be bound by the terms thereof.
g. Suspension and Revocation.
(1) The following acts shall constitute grounds for suspension or revocation of an M-4 conditional use permit:
(a) Failure to discharge or drain surface water or accumulated water from the permitted premises in such method and manner as will not hamper, hinder, infringe on, disturb or damage the lands, drains, and/or ditches of other persons, firms or corporations, or municipalities, whether owned or otherwise.
(b) The use specified in the permit is not carried on in accordance with the representations contained in the application or conditions required by the Plan Commission, or any change in the manner of operation specified in the conditional use permit approved by the Plan Commission.
(c) Failure during and/or after excavation to provide adequate lateral support to roadways or to the lands of abutting property owners.
(d) Failure to comply with conditions required in the conditional use permit issued by the Plan Commission.
(2) A proceeding to suspend or revoke a permit shall be instituted pursuant to s. 35-100.K.3.
4. Special Conditional Use Provisions for Solid Waste Facilities, Scrap Iron, Steel or Nonferrous Metal Processing Facilities, Recycling Facilities, Auto Junkyards and Auto Scrap Metal Salvage Yards.
a. Solid waste facilities, scrap iron, steel or nonferrous metal processing facilities, recycling facilities, auto junkyards and auto scrap metal salvage yards, including their accessory uses, are conditional uses permitted in the M-3 District. No person or other entity shall operate one of these facilities within the Village without first obtaining conditional use permit approval from the Plan Commission and as hereinafter provided.
b. Application. Applications for permits shall be submitted in writing, in duplicate to the Village Plan Commission and shall set forth the following information:
(1) Completed Village zoning and conditional use application forms and copies of all plans of operation, license applications and other submissions to the State of Wisconsin.
(2) A written report and site plan outlining the following issues:
(a) Name and address of the applicant.
(b) Name and address of the owner of the site on which the use is taking place.
(c) Description of site for use by lot, block, and recorded subdivision or by metes or bounds.
(d) Address of site.
(e) Statement of the nature of the proposed operation, and appropriate exhibits, including:
[1] List of equipment and machinery to be used to conduct operations.
[2] Type and amount of explosive materials to be used or stored, if any.
[3] Size, location, and use of the buildings to be constructed on the site.
[4] Smoke and dust control devices to be utilized, if any.
[5] Highways to be used for the truck traffic to and from the subject site.
[6] Deodorants or odor control devices.
[7] Proposed devices for muffling of noise.
[8] The employment of safety devices to protect the public from dangers inherent to the proposed use.
[9] Method of concealing unsightly deposits, if any.
[10] Employee and machinery/equipment parking areas.
[11] Method of using and/or removing and disposing methane and other gases generated by the site.
[12] Method of controlling vermin, flies and other vectors.
[13] Any other pertinent data which the applicant deems material, or as requested by the Village.
(f) Zoning of the site to be used. Existing land use and zoning abutting subject property.
(g) Depth of existing and proposed excavations.
(h) Commencement and completion dates of each type of operation proposed.
(i) Hours and days of operation.
(j) Number of employees.
(k) Method and manner of draining surface water and accumulated water from the premises.
(l) Method and manner of restoring the areas of the operation after the cessation of operation to a condition of practical usefulness and reasonable physical attractiveness.
(m) Topographic mapping of the site showing existing and proposed contours, with a contour interval no greater than two feet (12 copies).
(n) Existing trees four inches or more in diameter, measured four feet from the existing elevation and proposed tree plantings; provided, however that, for heavily wooded areas, the perimeter of the heavily wooded area may be delineated and the types of trees and range of diameters may be provided.
(o) Landscaping berms, fencing and gates.
(p) Sign locations and sizes.
(q) Existing and proposed access roads.
(r) Water supply facilities, including the source quantity and disposition of the water to be used.
(s) Proposed sanitary facilities (obtain Racine County sanitary approval for on-site sanitary facilities).
(t) Test results of area water wells, and proposed testing plans, where the proposed use includes excavation below the water table, along with sureties to insure performance of continued testing and resolution of issues identified, in a form determined by the Village Plan Commission upon the Village Plan Commission finding that such condition or conditions are proper for protection of health, safety and or welfare of the public.
(u) Highway access restrictions, deed restrictions, and traffic control, along with repair plans for Village roads affected by the operation. Where determined necessary by the Village Plan Commission, the applicant shall submit a financial surety for the projected road repair.
(v) Letter of Agreement from the applicant agreeing to restore the subject site in accordance with the approved restoration or reclamation plan.
(w) The Village Plan Commission may also, as a condition precedent to the issuance of the zoning permit and conditional use permit, require an agreement with the applicant and owner whereby they agree to restore the site to a condition of practical usefulness and reasonable physical attractiveness. A financial surety may be required by the Village if the use of the property does not require proof of financial responsibility under state law.
c. Fees.
(1) An application for an original permit or a renewal of an existing permit shall be accompanied by a fee, in an amount set by the Village Board and set forth in the Fee Schedule, to defray the cost of publication of notice of hearing, investigation of the site, public hearing, and permitting.
(2) An application for a permit, where the operation plan of the property is not changed, shall be accompanied by a fee in an amount set by the Village Board and set forth in the Fee Schedule.
d. Review and Hearing.
(1) Upon receipt of an application submitted the Village Plan Commission shall inspect the site for which a permit is requested and shall review the proposed structures, neighboring land and water uses, driveway locations, highway access, traffic generation and circulation drainage, waste disposal, water supply system, effect of the proposed use and operation upon use of surrounding lands, natural beauty, soil erosion, water quality, wildlife habitat, and shoreland cover and method, manner and practicality of restoration of the area after cessation of use.
(2) A public hearing shall be held by the Village Plan Commission at its regular meeting place and a notice of said meeting shall be sent by regular mail to the applicant and all persons owning property lying within 500 feet of the site designated in the application. In addition, the Village Clerk shall post a notice of such meeting and a Class 2 notice shall be published, the last insertion to be at least 10 days before the date of said public hearing. At such hearing, the Village Plan Commission shall hear all persons interested in granting or denying said permit and take testimony relative to the applications.
Where the permit applied for relates to the continuation of an existing business that previously held a conditional use permit, the Plan Commission shall have the option to require a public hearing, but in the absence of such requirement, no public hearing shall be held and no public hearing notice or mailing shall be required. An application for the expansion of, or changes to, an existing business shall require a public hearing.
e. Determination by Plan Commission.
(1) Within 90 days after the public hearing the Plan Commission shall either grant or deny the conditional use permit. In making such determination the Village Board shall consider whether the proposed use will be detrimental to the health, safety and /or welfare of the public; such determination shall be made on the basis of the information contained in the application, the inspection and review of the Village Plan Commission, the recommendation of the Village Plan Commission and information presented at the public hearing. The Village Board may also inspect the site.
(2) The Plan Commission shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character and land value of the locality and shall also consider the practicality of the proposed restoration of the site.
(3) The Plan Commission may, as a condition to the issuance of the permit, demand an agreement with the applicant to ensure performance of any or all of the following restrictions:
(a) There shall be no burning or fire of any kind allowed on the premises for which the permit is issued. In the event a fire is started on the premises, whether or not through the fault of the permittee and the services of a fire department are used to extinguish said fire, the permittee shall pay any and all costs thereof to the fire departments or fire companies involved, upon demand.
(b) No raw garbage, dead animals, manure, animal or vegetable waste from any source whatsoever, oil, paint, solvents or other liquid chemicals, or any similar material shall be dumped on the premises for which the permit is issued.
(c) The proposed operation shall not be detrimental to the sources of water supply at the residences in the area.
(d) All wastes disposed of at the site shall be covered with at least six inches of compact earth after each day of operation.
(e) The working force of the operation shall be confined to as small an area as possible and surrounded with a snow fence or other appropriate facilities to confine possible windblown materials to the area. All wind-blown material resulting from the operation shall be properly picked up and the site and surrounding properties maintained.
(f) The entrance to the premises for which the permit is issued shall be fenced and shall contain a gate which shall be capable of being securely locked. The premises shall be kept locked at all times except when immediate supervision is provided to insure compliance with the provisions of the ordinance and agreement.
(g) The operation and access roads to the site shall be maintained in a manner to eliminate the possibility of causing a dust problem in the area.
(h) The premises shall be restored to the satisfaction of the Village Board; said restoration to progress as the area is filled, and the Board may demand that a performance bond, written by a licensed surety company in an amount sufficient to secure the performance of the restoration agreement, be furnished to the Village.
(i) The disposal shall be conducted in a sanitary manner by use of the sanitary landfill method in accordance with the requirements established by the State of Wisconsin, which are incorporated herein by reference.
f. Terms of Permit.
(1) A conditional use permit issued pursuant to this Section shall be for a term of not to exceed two years and may be renewed upon application for successive periods of not more than two years. Modifications or additional conditions may be imposed upon application for renewal and the procedure for renewal shall be the same as that in application for the original permit. In any event, such permit shall terminate:
(a) Upon change of ownership of the site for which the permit is issued; or upon change of ownership of the firm, company, corporation or municipality operating the business holding the conditional use permit.
(b) In the event the use for which the permit was issued is discontinued for any period of more than one year during the term of the permit, or any permit or license issued by the state is suspended or revoked
(c) In the event of the occurrence of (a) or (b), above, another permit shall be applied for and obtained by the proposed operator as a condition precedent to the continued operation of the business, the operation of a new business, or the resumption of the discontinued business.
(d) In the event of application for a permit to which (a) or (b) above applies, the Plan Commission may consider the same without the necessity of holding a public hearing.
(2) Any permit issued pursuant to this subsection shall be deemed an original permit and the permitted operator shall be bound by the terms thereof.
g. Suspension and Revocation.
(1) The following acts shall constitute grounds for suspension or revocation of a conditional use permit under this subsection:
(a) Failure to discharge or drain surface water or accumulated water from the permitted premises in such method and manner as will not hamper, hinder, infringe on, disturb or damage the lands, drains, and/or ditches of other persons, firms or corporations, or municipalities, whether owned or otherwise.
(b) The use specified in the permit is not carried on in accordance with the representations contained in the application or conditions required by the Plan Commission, or any change in the manner of operation specified in the conditional use permit approved by the Plan Commission.
(c) Failure during and/or after excavation to provide adequate lateral support to roadways or to the lands of abutting property owners.
(d) Failure to comply with conditions required in the conditional use permit issued by the Plan Commission.
(2) A proceeding to suspend or revoke a permit shall be instituted pursuant to s. 35-100.K.3.
G. Adult Oriented Entertainment Businesses.
1. Findings of Fact:
a. The Village Board finds that adult establishments as defined in this chapter require special zoning in order to protect and preserve the health, safety, and welfare of the Village.
b. Based on its review of the “Report to the American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses;” and based on its review of National Law Center Summaries of “SOB Land Use” Studies; and based on studies conducted in St. Croix County, Wisconsin; New Hanover County, North Carolina; Town and Village of Ellicottville, Cattaraugus County, New York; City of Garden Grove, California; and Newport News, Virginia; and based on the findings incorporated in Renton v. Playtime Theatres, Inc.,475 U.S. 41 (1986) and Young v. American Mini Theatres, 427 U.S. 50 (1976), the Board finds that there is convincing evidence that the secondary effects of adult establishments include an increased risk of prostitution, high-risk sexual behavior, crime, and other deleterious effects upon existing business and surrounding residential areas, and decreased property values.
2. Intent.
a. The Board intends to control the impact of the secondary effects of sex oriented businesses in order to protect the health, safety, and welfare of the citizenry; protect the citizens from increased crime; preserve the quality of life; and preserve the property values and character of surrounding neighborhoods and areas.
b. It is not the Board's intent to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the secondary effects of adult establishments while providing an outlet for First Amendment protected activities.
c. In order to minimize and control the secondary effects of adult establishments upon the Village, it is the Board's intent to prevent the concentration of adult establishments within a certain distance of other specified locations which are incompatible with and would suffer from the secondary effects of adult establishments.
d. To accommodate the needs of residents and businesses while protecting health, safety and welfare, to minimize adverse visual effects of adult oriented entertainment businesses through careful design and siting standards and to minimize the detrimental effect sexually- oriented businesses have on adjacent land uses, the Village Board recognizes that it has a great interest in the present and future character of the Village’s residential and commercial neighborhoods and adopts the land use regulations set forth herein.
3. Purpose. The purpose of this Section is to control through zoning regulations certain adult oriented entertainment uses that have a direct and detrimental effect on the character of the Village’s residential neighborhoods and commercial areas. These regulations are enacted because there is convincing documented evidence, set forth in subsection 1, that:
a. The location, siting, design, construction and use of adult oriented entertainment businesses can have adverse impacts on the surrounding area, whether residential or commercial; and
b. Adult oriented entertainment businesses can exert a dehumanizing influence on persons attending places of worship, children attending licensed daycare homes, persons using public parks, and children and other persons attending public schools; and
c. Adult oriented entertainment businesses can contribute to an increase in criminal activity in the area where such businesses are located, taxing local law enforcement services; and
d. Adult oriented entertainment businesses can significantly contribute to the deterioration of residential neighborhoods and can impair the value of the residential housing in the area in which such businesses are located; and
e. The concentration of adult oriented entertainment businesses in one area can have a substantially detrimental effect on the area in which such businesses are concentrated and on the overall quality of urban life. A cycle of decay can result from the influx and concentration of sexually-oriented businesses. The presence of such businesses is perceived by others as an indication that the area is deteriorating and the result can be devastating as other businesses and residences move out of the vicinity. Declining real estate values, which can result from the concentration of such business, erode the Village’s tax base; and
f. The Village is authorized to enact zoning regulations to promote the public health, safety and general welfare of the citizens of the Village of Rochester as provided under Wis. Stat. s. 62.23.
4. Section Not a Limitation on Constitutionally Protected Speech. This section shall not impose a limitation on the content of any communication materials, including sexually oriented materials as protected by the First Amendment. This section is enacted to address the secondary effects of adult oriented entertainment businesses. It shall not be applicable to theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music, and dramatic performances of serous artistic merit are offered on a regular basis; and in which the predominant business or attraction is not the offering of entertainment which is intended for the sexual interests or titillation of customers; and where the establishment is not distinguished by an emphasis on or the advertising or promotion of nude or semi-nude performances.
5. Definitions.
“Adult Oriented Entertainment Business” means an adult use only bookstore, adult indoor or outdoor theater, adult massage parlor, adult sauna, adult entertainment center, adult cabaret, adult health/sport club, adult steam room/bathhouse facility, adult video store, adult motel, adult novelty shop, adult modeling studio, adult body painting studio or any other business whose primary business activity is characterized by emphasis on matters depicting, describing, or relating to nudity, sexual conduct, sexual excitement or sadomasochistic abuse as defined herein.
“Nudity” means the showing of the human male or female genitals or pubic area with less than a fully opaque covering or the depiction of covered male genitals in a discernibly turgid state and/or the appearance of bare buttocks, anus, or female breast.
“Sexual Conduct” means acts of masturbation, sexual intercourse, or physical contact with a person's unclothed genitals, pubic area, buttocks, or, if such person be a female, her breast.
“Sexual Excitement” means the condition of human male or female genitals when in a state of sexual stimulation or arousal.
6. Applicability. The provisions of this Section of the Planning and Zoning Chapter shall apply to all existing and future adult-entertainment oriented businesses. However, any such existing business that does not meet the zoning district restrictions or the distance limitations, may continue its existence as a non-conforming use; provided, however, that no such business may be enlarged or increased in size. If such business is discontinued for a period of 180 days or more it shall lose its status as a legal non-conforming use.
7. General Requirements.
a. Zoning District. An adult oriented entertainment business as defined in this Section may be operated or maintained only within the M-1 Limited Industrial District provided that it is located on a minor or major arterial road and subject to the distance limitations noted below. It shall be a prohibited use in any other zoning district.
b. Distance Limitations. No adult oriented entertainment business as defined in this Section shall:
(1) be operated or maintained within 1,000 feet of the boundary of any Residentially Zoned (R) District; or
(2) be operated or maintained within 1,000 feet of a church, park, recreational site, licensed daycare facility, public library, public or private educational facility which serves persons age seventeen or younger, elementary school, high school, place of worship, or elderly housing facility; or
(3) be operated or maintained so that there are more than two such businesses within 2,500 feet as measured by the radius from each business; or
(4) be operated or maintained within 1,000 feet of the State Trunk Highway 36 corridor.
c. Distance limitations set forth herein shall be measured in a straight line from the main public entrances of said premises or from the lot lines of properties in Residentially Zoned (R) Districts.
8. Same Use Restrictions. No adult oriented business shall be located in the same building or upon the same property as another such use.
9. Sign Limitations. Notwithstanding any other provision of this code, an adult oriented entertainment business shall not be permitted more than one sign advertising its business within the Village, which shall be an on-premises or building sign only. The size of the sign shall be not larger than four feet by four feet. Temporary signs shall not be permitted in connection with any adult establishment. All such signs shall meet the following criteria:
a. A sign shall have no merchandise or pictures of the products or entertainment on the premises displayed in window areas or any area where it can be viewed from the sidewalk in front of the building.
b. No sign shall be placed in any window. A one square foot sign may be placed on the door to state hours of operation and admittance to adults only.
c. No sign shall contain any flashing lights, moving elements, or mechanically changing messages.
d. No sign shall contain any depiction of the human form or any part thereof nor shall it contain sexually explicit language such as "nude dancing" or "Girls, Girls, Girls," etc.
e. No sexually-oriented business may have any off-premise sign within the Village.
f. In order to allow currently operating adult oriented entertainment businesses to recover their financial investment in current signage, any currently operating adult oriented entertainment business shall bring its signage into conformity with the provisions of this paragraph within one year from the date of passage of this Chapter.
10. Operating Standards. All such adult oriented entertainment businesses shall operate in accordance with the following:
a. Hours of operation: No adult establishment shall be open for business at any time between the hours of 2:00 a.m. and 12:00 noon.
b. Animals: No animals, except only for service animals required to assist the disabled, shall be permitted at any time at or in any adult establishment or permitted premises.
c. Restricted access. No adult establishment patron shall be permitted at any time to enter into any of the non-public portions of any adult establishment, including specifically, but without limitation, any storage areas or dressing or other rooms provided for the benefit of adult establishment employees. This subsection shall not apply to persons delivering goods and materials, food and beverages, or performing maintenance or repairs to the permitted premises; provided, however, that any such persons shall remain in such non-public areas only for the purposes and to the extent and time necessary to perform their job duties.
d. Exterior display. No adult establishment shall be maintained or operated in any manner that causes, creates, or allows public viewing of any adult material, or any entertainment depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas," from any sidewalk, public or private right-of-way, or any property other than the lot on which the permitted premises is located. No portion of the exterior of an adult establishment shall utilize or contain any flashing lights, search lights, or spotlights, or any other similar lighting systems, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner except to the extent specifically allowed by this chapter with regard to signs. This subsection shall apply to any advertisement, display, promotional material, decoration, or sign; to any performance or show; and to any window, door, or other opening.
e. Noise. No loudspeakers or sound equipment audible beyond the adult establishment shall be used at any time.
f. Manager's stations. Each adult establishment shall have one or more manager's stations. The interior of each adult establishment shall be configured in such a manner that there is a direct and substantially unobstructed view from at least one manager's station to every part of each area, except restrooms, of the establishment to which any adult establishment patron is permitted access for any purpose. The cashier's or manager's station shall be located so that someone working there can quickly move to physically halt any attempted or accidental entry by a minor. An employee shall occupy the station at all times when patrons are in and on the premises.
g. Adult booths prohibited. Adult booths shall be prohibited in all adult establishments.
h. No loitering policy. The adult establishment shall clearly post and enforce a no loitering policy.
i. Age limit restrictions. The adult establishment shall clearly post and enforce age-limit restrictions. A one-square-foot sign shall be placed on each public entrance which shall state "Admittance to adults only" and may include other pertinent business information. No person under the age 18 shall be employed or upon premises for any reason.
j. Measuring disbursement distances: The distances in this section shall be measured by following a straight line, without regard to intervening structures, from the public entrance (existing or proposed) of an adult establishment to the nearest point of the protected use as described below.
k. Adequate parking. One parking space per 150 square feet of total gross floor area shall be provided in a lighted area on the permitted premises of an adult establishment.
l. Spacing requirement. No more than one adult establishment may be located on any one parcel and the location of any one adult establishment shall be at least 2,500 feet from the establishment of any other adult establishment. This distance shall be measured from the public entrance of one adult establishment to the public entrance of the other adult establishment.
m. Display windows prohibited: All points of access into structures containing adult establishments and all windows or other openings shall be located, constructed, covered, or screened in a manner which will prevent a view into the interior.
n. Location requirement: In the case of an area zoned residential, the distance shall be measured from the nearest point on the residential district zoning boundary line. From an area not zoned residential but used for residential purposes, the measurement shall be taken from the public entrance of the adult establishment to the nearest entrance of the building in residential use. From schools, houses of worship, day care centers, libraries, and museums, the distance shall be measured from the public entrance of the adult establishment to the main public entrance of the protected use. From playgrounds, public parks, recreation areas, and schools, houses of worship and day care centers with playgrounds or recreation areas, the distance shall be measured from the public entrance of the adult establishment to the nearest property line of the playground, public park, or recreation area. Along State Trunk Highway 36, this distance is measured from the outside highway right-of-way line, including frontage road(s).
o. Residential quarters not allowed. No residential quarters shall be allowed on a premises with an adult establishment.
p. No employee shall solicit business outside the building in which the business is located.
q. No male or female person, while on the premises, shall expose to public view his or her genitals, pubic area, anus, or anal cleft. Full nudity is prohibited.
r. No person on the premises shall engage in sexual conduct, sadomasochistic abuse or in any way fondle their genitals.
s. Nudity is prohibited for any employee of an adult oriented business where such person is in direct, personal contact with another person.
11. Building's Exterior Appearance. The building's exterior shall meet the following criteria:
a. colors are to be earth or neutral tones with primary accent colors to be within the same color family.
b. stripes and geometric patterns are prohibited.
c. a color scheme which is directly inherent to a unique recognized architectural style but not otherwise compliant with this section may be reviewed and approved by the Village Board.
d. the exterior shall be adequately maintained in good condition.
12. Permit. A conditional use permit for an adult establishment shall require the following:
a. The details of the ownership of the entity applying, as follows:
(1) Individuals.
(a) Applicant’s legal name, all of the applicant’s aliases, and the applicant’s age
(b) Applicant’s business address
(2) Corporations.
(a) Applicant corporation’s complete name and official business address
(b) Legal names, all aliases, the ages, and business addresses of all directors, officers, and managers of the corporation and of every person owning or controlling more than 25 percent of the voting shares of the corporation
(c) Applicant corporation’s date and place of incorporation and the objective for which it was formed
(d) Proof that the corporation is a corporation in good standing and authorized to conduct business in the State of Wisconsin
(e) Name of the registered corporate agent and the address of the registered office for service of process
(3) Partnerships (general or limited), joint ventures, or any other type of organization where two or more persons share in the profits and liabilities of the organization
(a) Applicant organization’s complete name and official business address
(b) Legal name, all aliases, the ages, and business addresses of each partner (other than limited partners) or any other person entitled to share in profits of the organization, whether or not any such person is also obligated to share in the liabilities of the organization
(4) Land trusts.
(a) Applicant land trust’s complete name
(b) Legal, name, all aliases, and the business address of the trustee of the land trust
(c) Legal name, all aliases, the ages, and business addresses of each beneficiary of the land trust and the specific interest of each beneficiary in the land trust
(d) The interest, if any, that the land trust holds in the premises
(5) If a corporation or partnership is an interest holder in an entity, that interest shall be disclosed and such entity shall disclose the information required in this section with respect to its interest holders.
b. The general character and nature of the applicant’s business, and the length of time that the applicant has been in the business of that character.
c. The location (including street address and legal description) and telephone number of the premises for which the conditional use permit is sought.
d. The specific name of the business that is to be operated under the adult establishment conditional use permit.
e. The identity of each owner of the permitted premises, and the type of ownership (fee simple, land contract holder, etc.)
f. A diagram showing the internal and external configuration of the premises, including all doors, windows, entrances, exits, the fixed structural internal features of the premises, plus the interior rooms, walls, partitions, stages, performance areas, and restrooms. A professionally prepared diagram in the nature of an engineer’s or architect’s blueprint shall not be required, provided, however, that each diagram shall be oriented to the north or to some designated street or object and shall be drawn to a designated scale or with marked dimensions to an accuracy of plus or minus six inches and sufficient to show clearly the various interior dimensions of all areas of the premises and to demonstrate compliance with the provisions of this chapter. The approval or use of the diagram required pursuant to this subsection shall not be deemed to be, and may not be interpreted or construed to constitute, any other Village approval otherwise required pursuant to applicable Village ordinances and regulations.
g. The specific types(s) of adult establishment(s) that the applicant proposes to operate on the permitted premises.
h. A copy of each adult establishment’s permit, liquor license, and gaming license currently held by the applicant, or any of the individuals identified in the application pursuant to subsection a. above.
i. The name of the individual(s) who shall be the day-to-day, on-site manager(s) of the proposed adult establishment.
j. The fees set forth in the Village fee schedule.
k. Any other information the Zoning Administrator may reasonably require to apply the requirements of this chapter.
l. The Zoning Administrator may require a survey from a surveyor licensed by the State of Wisconsin to determine the spacing requirements adopted in this Section.
m. A site plan, landscaping plan, zoning permit application, and letter of agent status, if necessary, as required by site plan review application requirements adopted by the Village.
n. Incomplete applications returned. Any application for a conditional use permit for an adult establishment that does not include all of the information and documents required pursuant to this Chapter, as well as the required fees, shall be deemed to be incomplete and shall not be acted on by the Zoning Administrator, who shall give the applicant a written notification and explanation of such action pursuant to this section.
13. Applicant cooperation required. An applicant for a Conditional Use Permit for an adult establishment shall cooperate fully in the inspections and investigations conducted by the Village. The applicant's failure or refusal to:
a. Give any information reasonably relevant to the investigation of the application;
b. Allow the permitted premises to be inspected;
c. Appear at any reasonable time and place; or
d. Otherwise cooperate with the investigation and inspection required by this chapter shall constitute an admission by the applicant that the applicant is ineligible for a conditional use permit for an adult establishment and shall be grounds for denial of the permit by the Zoning Administrator.
14. Time for issuance or denial of permit. The Zoning Administrator shall, within 90 days after submittal of a completed application, or within such other period of time as the Village and the applicant shall otherwise agree, either issue or deny an adult establishment conditional use permit pursuant to the provisions of this chapter.
15. Standards for issuance or denial of permit.
a. Issuance. The Zoning Administrator shall issue an adult establishment permit to an applicant if the Zoning Administrator finds and determines all of the following:
(1) All information and documents required by this Chapter for issuance of an adult establishment permit have been properly provided.
(2) No person identified in the application may:
(a) Have been denied an adult establishment permit within 12 months immediately preceding the date of the application;
(b) Be a person whose adult establishment permit has been revoked within 12 months immediately preceding the date of the application; or
(c) Be a person whose adult establishment permit is under suspension at the time of application.
(3) The adult establishment and the permitted premises comply with all requirements under this Chapter and the applicant has obtained a license required for the adult establishment by the village, if any.
(4) The applicant has signed the permit he or she has received indicating his or her acceptance of the conditions of the permit.
b. Denial: If the Zoning Administrator determines that the applicant has not met any one or more of the conditions set forth in this section, then the Zoning Administrator shall deny issuance of the adult establishment permit and shall give the applicant a written notification and explanation of such denial.
c. License deemed to be issued: If the Zoning Administrator does not issue or deny the adult establishment permit within 90 days after the properly completed application is submitted, then the adult establishment permit applied for shall be deemed to have been issued.
16. Enforcement.
a. A violation of any conditions or an adult establishment permit is a violation of this Chapter.
b. Notwithstanding any other remedy, a violation of any conditions or an adult establishment permit shall be grounds for revocation of the adult establishment permit.
17. Continued conforming status. An adult establishment lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the grant of the adult establishment permit, if a protected use is located within 1,000 feet of the adult establishment.
18. If any section, subsection, sentence, clause, or phrase of this section is for any reason held to be invalid or unconditional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phase or portion thereof.
H. Non-Municipal, Non-Commercial Off-Road Trails for Off-Road Vehicles.
1. Purpose and Intent. The increasing use of off-road vehicles within the municipal boundaries of the Village of Rochester has generated safety, recreational, and environmental issues, which are the responsibility of the Village of Rochester to address. The purpose of this section is to regulate the use of offroad vehicles to protect the environment, to ensure that the recreational use of offroad vehicles is compatible with all other recreational uses within municipal boundaries, to promote the health and safety of the operators and the general public by requiring adherence to certain rules and regulations designed to ensure the safe operation of such vehicles, and to restrict the use of off-road vehicles to areas where such is appropriate and permitted.
2. Definitions.
a. "Off-Road Trail" means a new or existing repetitive track made for the use of an off road vehicle(s) where a permanent and defined path has been created and/or where the landscape has been manipulated in such a manner as to create a path or ruts that may or may not include jumps, pits, hills, and/or berms.
b. "Off-Road Vehicle" means a motorized vehicle designed for use on a variety of non-improved surfaces including but not limited to, dune buggies, four-wheel drive vehicles, snowmobiles, all-terrain vehicles (ATVs), dirt bikes, mini bikes, motor bikes, mopeds and trail bikes. Agricultural equipment (such as farm tractors, seeders, combines, cultivators, etc.) used in the operation of a farm, garden tractors and riding lawnmowers are not off-road vehicles.
3. Regulations. Off-road trails for off-road vehicles are subject to the following:
a. Lot Size and Setback Requirements. All off-road vehicle trails shall be operated on property that is five or more contiguous acres in size with the consent of the property owner, subject to the following conditions:
(1) Only the owner(s) and/or occupants of the real estate with the consent of the property owner may operate an off-road vehicle on the off-road trail.
(2) No off-road vehicles shall be operated within 100 feet of any property line.
b. Protective Head Gear. Off-road vehicle operators shall comply with the State of Wisconsin statutory requirements for protective head gear.
c. Nuisance Control. Off-road vehicles involved in the operation of offroad trails shall comply with the following standards:
(1) All off-road vehicles shall not exceed a noise level of 72 decibels, measured at any point along the property line.
(2) No person shall operate an off-road vehicle that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust.
(3) All off-road vehicles shall be equipped with a working spark arrestor.
(4) No person may modify the exhaust system of any off-road vehicle in any manner which will increase the noise emitted above the emission standard provided in Paragraph 3(c)(1).
(5) There shall not be any racing of engines that will cause unnecessary and/or unusual noise which annoys, disturbs, injures, or endangers the comfort, health, peace, or safety of others.
(6) The operation of off-road vehicles shall not cause any unnecessary or unusual circulation of dust.
d. Setbacks from Environmental Sensitive Areas. The proposed offroad vehicle trail shall have a minimum setback of 100 feet from a floodplain or floodway, designated wetland area and/or isolated natural area as defined by the State of Wisconsin Department of Natural Resources, and freshwater marshes and bogs, preservation easements, and primary and secondary corridors. Off-road vehicle trails shall be located at least 600 feet from residential, institutional, and recreational park districts.
e. Exemptions. Seasonal snowmobile trails mapped by the Racine County Alliance of Snow Mobile Clubs and/or with the oversight by the Racine County Public Works Department are exempt. This regulation does not apply to the same type of vehicles used strictly for agricultural, governmental, emergency, transportation or utilitarian purposes or on vehicle trails, which would be allowed in all districts without permits in compliance with all other laws and regulations.
f. Hours of Operation. Hours of operation shall be limited to 11:00 a.m. until 7:00 p.m., Monday through Friday and 10:00 a.m. until 5:00 p.m. on Saturdays and Sundays.
g. Reckless Behavior. No person may operate an off-road vehicle in such a way as to recklessly create a substantial risk of serious bodily injury.
h. Liability. No permit shall be issued unless the permittee has adequate liability insurance with minimum limits of $2,000,000 bodily injury and property damage, combined single limit, naming the Village, its officers, employees and agents as additional insured parties. Said insurance shall indemnify and defend the Village, its officers, employees and agents against all claims, liability, loss, damages or expenses, whether caused by or contributed to by the negligence of the Village, its officers, employees or agents. Said insurance shall provide that the Village receive written notice 30 days prior to any cancellation, nonrenewal, or material change in the policy. Proof of said insurance shall be submitted to the Village, prior to the issuance of the zoning permit. Failure to maintain adequate insurance in accordance with this paragraph is grounds for permit revocation.
i. Restoration. If landscaping is altered for purposes of off-road trails for off-road vehicles, a restoration plan must be submitted to the Village Plan Commission, and is subject to the approval of the Village Plan Commission, prior to commencement of use. Upon abandonment or termination of the use, and prior to the property being transferred to a new owner, the property must be restored pursuant to the approved restoration plan.
I. Non-Agricultural Businesses in Agricultural Districts.
The purpose of agricultural zoning districts is to ensure that property is managed properly for agricultural uses, as well as residential uses that may support agriculture. Business and industrial uses are to be located in appropriate business or industrial zoning districts. The Village of Rochester acknowledges, however, that in certain situations, businesses that are agriculture-adjacent or entirely non-agricultural may exist in agricultural districts without detrimental effect to the land, air, water, traffic patterns, or surrounding properties. If a non-agricultural business complies with the requirements of this subsection and is permitted as a conditional use by the zoning district, a conditional use permit may be issued.
1. All non-agricultural businesses are subject to the following general provisions:
a. No merchandise shall be handled for sale or service rendered on the premises except such as are incidental or accessory to the approved conditional use, except for sales or service to industrial/commercial customers (no retail sales establishments).
b. Unless an approved conditional use must naturally be conducted outdoors, all operations and activities of all non-agricultural businesses shall be conducted wholly inside a building or buildings.
c. No continuous or intermittent noise from operations greater than the volume and range of noise emanating from normal vehicular traffic or its equivalent in noise shall be detectable at the boundary line of any other property.
d. No toxic matter, noxious matter, smoke, gas, odors, or particulate matter detectable beyond the lot lines shall be emitted.
e. No vibrations shall be detectable beyond the lot lines.
f. No glare or heat shall be detectable beyond the lot lines.
g. Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon any residential property or into public streets or parks.
h. Business-related traffic to, from, or within the business site should not noticeably and adversely affect neighboring properties, traffic patterns, road conditions, or public maintenance requirements.
i. The business must not be hazardous, offensive, or otherwise adverse to the environmental quality, water quality, or shoreland cover in the Village.
2. The storage or use of chemicals, whether solid, liquid or gas, shall be subject to the following conditions:
a. The storage, utilization, or manufacturing of materials or products ranging from incombustible to moderate burning is permitted.
b. The storage, utilization or manufacturing of materials, or products ranging from free to active burning is permitted provided the following condition is met: said materials or products shall be stored, utilized, or manufactured within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.
c. The manufacture or bulk storage of flammable materials which produce explosive vapors or gases is prohibited.
3. Approval Process.
No non-agricultural business shall be operated or located within an agricultural zoning district without first obtaining an approved conditional use permit pursuant to this section.
a. Application. Applications for permits shall be submitted in writing to the Village Plan Commission and shall set forth the following information:
(1) Completed conditional use application form.
(2) Completed fire inspection of the premises by the Rochester Volunteer Fire and Rescue Company within the previous 12 months of the date of application.
(3) A written report and site plan outlining the following issues:
(a) Name and address of the applicant.
(b) Name and address of the owner of the site on which use is taking place.
(c) Address of site.
(d) Statement of the nature of the proposed operation, and appropriate exhibits, including:
[1] List of equipment and machinery to be used to conduct operations.
[2] Type and amount of hazardous materials (including fuel and oil) to be used or stored, if any.
[3] Size, location, and use of the buildings to be constructed or utilized on the site for business purposes.
[4] Smoke and dust control devices to be utilized, if any.
[5] Access and egress plan for business-related vehicular traffic to and from the site, as well as anticipated daily traffic volume.
[6] Deodorants or odor control devices, if any.
[7] Anticipated noise-generating activities and proposed methods of muffling noise, if any.
[8] The employment of safety devices to protect the public from dangers inherent to the proposed use.
[9] Method of screening or concealing from public view unsightly deposits, including outdoor storage, if any.
[10] Employee and machinery/equipment parking areas.
[11] Any other pertinent data which the applicant deems material, or as requested by the Village.
(e) Zoning of the site to be used. Existing land use and zoning abutting subject property.
(f) Days and hours of operation.
(g) Number of employees working on site daily.
(h) Method and manner of draining surface water and accumulated water from the premises.
(i) Landscaping berms, fencing, and gates.
(j) Sign location and size. Only one sign is permissible per business site, permitted separately. The sign may be a non-illuminated nameplate (name, address and type of business) not to exceed two square feet in area either mounted flat on a building or a yard light post or signpost set back a minimum of five feet from the street right-of-way line.
(k) Existing and proposed access roads.
(l) Water supply facilities, including the source quantity and disposition of the water to be used.
(m) Proposed sanitary facilities (obtain Racine County sanitary approval for on-site sanitary facilities).
(n) Highway access restrictions, deed restrictions, and traffic control, along with repair plans for Village roads adversely affected by the operation. If determined necessary by the Village Plan Commission, the applicant shall submit a financial surety for the projected road repair.
c. Fees.
(1) An application for an original permit or a renewal of an existing permit shall be accompanied by a fee, in an amount set by the Village Board and set forth in the Village of Rochester Fee Schedule, to defray the cost of publication of notice of hearing, investigation of the site, public hearing, and permitting.
d. Review and Hearing.
(1) Upon receipt of an application submitted the Village Plan Commission and/or village staff may inspect the site for which a permit is requested and shall review the proposed structures, neighboring land and water uses, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply system, effect of the proposed use and operation upon use of surrounding lands and properties, natural beauty, soil erosion, water quality, wildlife habitat, and shoreland cover.
(2) A public hearing shall be held by the Village Plan Commission at its regular meeting place and a notice of said meeting shall be sent by regular mail to the applicant and all persons owning property lying within 500 feet of the site designated in the application. In addition, the Village Clerk shall post a notice of such meeting and a Class 2 notice shall be published. At such hearing, the Village Plan Commission shall hear all persons interested in granting or denying said permit and may, if it deems fit, take testimony relative to the applications.
(3) Where the permit applied for relates to the continuation of an existing business that previously held a conditional use permit, Plan Commission shall hold a public hearing to permit neighboring property owners an opportunity to voice concerns about the continuation of the business. An application for the expansion of, or changes to, an existing business shall similarly require a public hearing.
e. Determination by Plan Commission.
Within 90 days after the public hearing, the Plan Commission shall either grant or deny the conditional use permit. In making such determination, the Plan Commission shall consider whether the proposed use will be detrimental to the health, safety, and/or welfare of the public; such determination shall be made on the basis of the information contained in the application, the recommendation of the Village, and information presented at the public hearing. The Plan Commission may also inspect the site.
The Plan Commission shall particularly consider the effect of the proposed operation upon existing streets, neighboring development, proposed land use, drainage, water supply, soil erosion, natural beauty, character, and land value of the locality, and shall also consider the effect the business may have on nearby residences.
Non-agricultural businesses existing within an agricultural zoning district at the time this Section is enacted may continue to operate and not be in violation of this subsection from the time a completed conditional use permit application is received by the Village of Rochester to the time that the Plan Commission makes its determination.
f. Terms of Permit.
(1) A conditional use permit issued pursuant to this Section shall be for a term of not to exceed three years and may be renewed upon application for successive periods of not more than three years. Modifications or additional conditions may be imposed upon application for renewal and the procedure for renewal shall be the same as that in application for the original permit. In any event, such permit shall terminate:
(a) Upon change of ownership of the site for which the permit is issued; or upon change of ownership of the firm, company, corporation, or municipality operating the business holding the conditional use permit.
(b) In the event the use for which the permit was issued is discontinued for any period of more than one year during the term of the permit.
(c) In the event the operation of the business constitutes a public nuisance that is not adequately mitigated.
(d) In the event of the occurrence of (a) or (b), above, another permit shall be applied for and obtained by the proposed operator as a condition precedent to the continued operation of the business, the operation of a new business, or the resumption of the discontinued business.
(e) In the event of application for a permit to which (a) above applies, the Plan Commission may consider the application without the necessity of holding a public hearing.
(2) Any permit issued pursuant to this subsection shall be deemed an original permit and the permitted operator shall be bound by the terms thereof.
g. Suspension and Revocation.
(1) The following acts shall constitute grounds for suspension or revocation of a non-agricultural business conditional use permit:
(a) Failure to comply with the requirements and restrictions set forth in this Section.
(b) The use specified in the permit is not carried on in accordance with the representations contained in the application or conditions required by the Plan Commission, or any change in the manner of operation specified in the conditional use permit approved by the Plan Commission.
(c) Failure to operate the business otherwise in compliance with the underlying zoning district.
(d) Failure to comply with conditions required in the conditional use permit issued by the Plan Commission.
(2) A proceeding to suspend or revoke a permit shall be instituted pursuant to s. 35-100.K.3.
J. Amendment of Conditional Use Permits.
1. When permissible: application. At such time as the holder of a conditional use permit wishes to change the terms of its permit in a manner which does not change the nature of the use but that could increase or expand the operation of the use by 25% or less, the holder of the permit shall apply to the Plan Commission for an amendment to its permit, and shall state in its application the precise changes it wishes to make and the expected effect of the changes upon the site, neighboring uses, parking, traffic generation and circulation, and the drainage, sewerage and water systems. The applicant shall also list the names of the property owner and all abutting property owners. Changes to a permit which are expected to change the nature of a use, change the location of the use to a site which is not in the same structure as the existing use, or create greater than a 25 percent increase in the operation of a use may not be made; in that event, application must be made for a new conditional use permit. When a holder of a conditional use permit sells or transfers the underlying business or other use, this section shall apply. When a use is vacant for 12 months or longer, a new conditional use permit shall be required.
2. Procedure. An applicant for an amendment to a conditional use permit shall pay a fee as set forth in the Village of Rochester fee schedule. Upon application for an amendment to a conditional use permit, the Clerk shall schedule such application for review by the Plan Commission at an open meeting, and shall mail notice thereof to the property owner and all abutting property owners along with a copy of the application not less than 14 days prior to the date of the scheduled review. No public hearing shall be required, but the Plan Commission shall accept comments from any person attending the open meeting.
3. Review and approval. The Village Plan Commission shall conduct a review of the application as set forth in s. 35-100C. If the Plan Commission denies the amendment, the applicant may appeal from the decision from the Zoning Board of Appeals within 30 days of the final decision by writ of certiorari to the Racine County Circuit Court.
K. Penalties.
1. In every instance where work commences upon a project subject to this Section prior to the conditional use permit being applied for and granted, there shall be a double fee imposed for the permit, and the applicant shall remain required to meet full compliance with this chapter.
2. It shall be unlawful to use or improve any structure or land in violation of any of the provisions of the section. In addition to penalties imposed under Chapter 50 of this Code, the Village may institute appropriate action to enjoin a violation of this section, or to cause any structure so constructed or altered to be vacated or removed.
3. It shall be unlawful to use or improve any structure or land in violation of any of the terms of a conditional use permit. In addition to or as an alternative to the penalties imposed under s. 35-500 and Chapter 50, the Village may:
a. Send notice to the permit holder of the violation, and require that the violation be corrected within five days, or more if allowed by the Zoning Administrator or Village Attorney, after written notice is given.
b. If the violation is not corrected, or a second violation is incurred within a twelve-month period of the first violation, the Village may act to suspend or revoke the conditional use permit, as follows:
(1) Complaint. The Zoning Administrator or any resident may file a sworn written complaint with the Village Clerk alleging one or more violations.
(2) Summons. Upon the filing of the complaint, the Plan Commission shall issue a summons, signed by the Clerk and directed to any peace officer in the municipality. The summons shall command the permit holder complained of to appear before the Plan Commission on a day and place named in the summons, not less than three days and not more than 30 days from the date of issuance, and show cause why his or her conditional use permit should not be revoked or suspended. The summons and a copy of the complaint shall be served on the permit holder at least three days before the time at which the licensee is commanded to appear. Service shall be in the manner provided under Wis. Stat. ch. 801 for service in civil actions in Circuit Court.
(3) Procedure on hearing.
(a) If the permit holder does not appear as required by the summons, the allegations of the complaint shall be taken as true, and if the Plan Commission finds the allegations sufficient, the Plan Commission shall report its findings to the Village Board. If the Village Board concurs, the Conditional Use Permit shall be revoked. The Village Clerk shall give notice of the revocation to the person whose permit is revoked.
(b) If the permit holder appears as required by the summons and denies the complaint, both the complainant and the permit holder may produce witnesses, cross-examine witnesses and be represented by counsel. The permit holder shall be provided a written transcript of the hearing at his or her expense.
(c) If the Plan Commission finds the complaint to be true, the Plan Commission shall determine whether the conditional use permit shall either be suspended for not less than 10 days nor more than 90 days.
(4) The Plan Commission shall make findings of fact, conclusions of law and a decision with respect to the conditional use permit. The Commission shall provide the complainant and the permit holder with a copy of the decision.
(5) If the Plan Commission finds the complaint to be true, the conditional use permit shall be suspended or revoked as determined by the Plan Commission.
(6) If the Plan Commission finds the complaint untrue, the proceeding shall be dismissed without cost to the accused. If the Plan Commission finds the complaint to be malicious and without probable cause, the costs shall be paid by the complainant.
(7) The Village Clerk shall give notice of each suspension or revocation to the person whose permit is suspended or revoked.
(8) Effect of revocation. When a conditional use permit is revoked under this subsection, the revocation shall be recorded by the Village Clerk and no other conditional use permit issued under this chapter may be granted within 12 months of the date of revocation to the person whose permit was revoked. In the event, however that a new application reveals a material difference in any of the items specified hereof, the Plan Commission may, upon a finding that the new application does include such material difference, proceed to hear and determine such application within said year.
(9) Judicial review. The action of the Plan Commission in suspending or revoking any permit, or the failure to revoke or suspend any permit for good cause, may be reviewed by the circuit court for Racine County by writ of certiorari commenced within 30 days of the Village Clerk’s notice of the decision.
(Ord. 2019-1, passed 4-8-2019; Ord. 2021-1, passed 7-13-2021; Ord. 2023-8, passed 6-12-2023)
Notes
| 1 | Amended 8-6-18, Ordinance #2018-5 |