(a) Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, or proposed conditional uses.
(b) Applicability. There are certain uses which, because of their unique characteristics, may have a high potential to create undesirable impacts on nearby properties, public facilities, or the community as a whole. In these cases, specific standards, regulations, or conditions may be established.
(c) Initiation of request for conditional use. Any person, firm, corporation, or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses provided for in this chapter in the zoning district in which such land is located.
(d) Application for conditional use.
(1) An application for a conditional use shall be filed on a form prescribed by the village. A non-refundable application fee, as set forth in the annual village fee schedule, shall be paid at the time of application. The application shall be accompanied by a plan showing the location, size, and shape of the lot(s) involved and of any proposed structures, the existing and proposed use of each structure and lot, and shall include a statement in writing by the applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in § 13-1-125(f) below.
(2) The Plan Commission or Village Board may require such other information as may be necessary to determine and provide for an enforcement of this chapter, including a plan showing contours and soil types; highwater mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; and plans of buildings, sewage disposal facilities, water supply systems, and arrangements of operations. When considering a development proposal or land use change, the village may require additional studies, benefits-costs analysis, or other information, at its discretion and potentially at the developer’s expense. Such studies or information may be needed to analyze factors, such as land use compatibility, potential impacts (for example, transportation, fiscal, environment, public health, and property values), engineering studies or place, and whether other standards are sufficiently met.
(e) Public hearing required.
(1) All requests for conditional uses shall be referred to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the Village Board, on its own motion, from referring the request for conditional use to the Plan Commission. Upon receipt of the application and statement referred to in § 13-1-125(d) above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted, and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
(2) Notice of the time, place, and purpose of such hearing shall be given by publication of a Class 2 notice under the state statutes in the official village newspaper. Notice of the time, place, and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, Clerk, and highest elected official, as appropriate, members of the Village Board and Plan Commission, and the owners of record as listed in the office of the Village Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected. Said notice to be sent at least ten days prior to the date of such public hearing.
(f) Conditional use permit review standards. In determining whether to approve, approve with conditions, or deny a request for issuance of a conditional use permit, the Plan Commission and the Village Board shall consider all relevant factors specific in other sections of this chapter, including standards for specific requirements for certain land uses and activities. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specific in this chapter or imposed by the village, the village shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the applicant and all requirements and conditions established by the village are or shall be satisfied. No application for a conditional use shall be recommended for approval by the Plan Commission or granted by the Village Board unless such Commission and Board shall find all of the following conditions are present.
(1) The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
(2) That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance, or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
(3) The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses, permitted in the district.
(4) Adequate utilities, access roads, drainage, and other necessary site improvements have been or are being provided. The village will consider the availability and potential impacts to public services, especially sanitary sewer, water lines, storm sewers, fire protection, parks, transportation networks, and schools, and ensure that any needed services be available or that such services could be made available safely and efficiently.
(5) Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.
(6) The conditional use shall conform to all applicable regulations of the district in which it is located.
(7) The proposed use does not violate flood plain regulations governing the site.
(8) When applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission and Board shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
(9) In addition to passing upon a conditional use permit, the Plan Commission and Board shall also evaluate the effect of the proposed use upon:
a. The maintenance of safe and healthful conditions;
b. The prevention and control of water pollution including sedimentation;
c. Existing topographic and drainage features and vegetative cover on the site;
d. The location of the site with respect to floodplains and floodways of rivers and streams;
e. The erosion potential of the site based upon degree and direction of slope, soil type, and vegetative cover;
f. The location of the site with respect to existing or future access roads;
g. The need of the proposed use for a shoreland location;
h. Its compatibility with uses on adjacent land;
i. The amount of liquid wastes to be generated, and the adequacy of the proposed disposal systems; and
j. Potential negative impacts on environmentally sensitive areas or other critical community services (for example, schools, nursing care, and governmental) are prevented or mitigated. New development, reconstruction, and infrastructure projects should consider and apply resource conservation techniques and best practices that reduce energy demand and promote air and water quality improvements.
(10) The use is in harmony with the Village Comprehensive Plan; and
(11) The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities, or services provided by public or private agencies serving the subject property.
(g) Plan Commission review and recommendation.
(1) Following public hearing, the Plan Commission shall review the proposed conditional use permit request with the review standards in § 13-1-125(f).
(2) The Plan Commission shall report its advisory recommendations to the Village Board within 30 days after a matter has been referred to. If such action has not been reported by the Plan Commission within 30 days, the Village Board can act without such recommendation.
(h) Village Board review and action.
(1) Within 60 days after the filing of a conditional use permit application, the Village Board shall make its findings and take final action on the application.
(2) The Village Board may, by resolution, authorize the Zoning Administrator, Clerk, and highest elected official, as appropriate, to issue a conditional use permit after review, public hearing, and advisory recommendation from the Plan Commission, provided that such conditional use and involved structure(s) are found to be in accordance with the purpose and intent of this zoning code and evaluation of the standards for conditional uses as outlined in § 13-1-125(f). Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
(3) Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways, and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Plan Commission shall request such review and await the highway agency’s recommendation for a period not to exceed 20 days before taking final action.
(4) Conditions, as further described in § 13-1-125(j) may be required by the Village Board upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
(5) Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access, and performance standards shall be required of all conditional uses.
(i) Action on a conditional use permit.
(1) The Village Board may take the final action on the application at the time of the public hearing or may continue the proceedings at its discretion or at the applicant’s request. The Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications, or may deny approval of the proposed conditional use. The requirements and conditions described must be reasonable, and to the extent practicable, measurable, and may include conditions such as the permit’s duration or renewal. The applicant and all requirements and conditions established by the village relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence.
(2) The village’s approval of the proposed conditional use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.
(3) When an advisory recommendation or determination of denial of a conditional use application is made, the Plan Commission/Village Board shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission/Board has used in determining that each standard was not met. Per Wis. Stats. § 62.23(7)(de), if the village denies a conditional use permit application, the applicant may appeal the decision to the circuit court under the procedures contained in statute.
(4) No application which has been denied (either wholly or in part) shall be resubmitted for a period of six months from the date of denial, except on grounds of new evidence or proof of change of factors.
(j) Conditions and guarantees.
(1) Conditions. Prior to the granting of any conditional use, the Village Board may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the conditional use as deemed necessary to promote the public health, safety, and general welfare of the community, and to secure compliance with the standards and requirements specified in § 13-1-125(f) above. In all cases in which conditional uses are granted, the Board shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Any condition imposed must be related to the purpose of this chapter and be based on substantial evidence. The requirements and conditions 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 village related to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. Such conditions may include specifications for, without limitation because of specific enumeration:
a. Landscaping;
b. Type of construction;
c. Construction commencement and completion dates;
d. Sureties;
e. Lighting;
f. Fencing;
g. Operational control;
h. Hours of operation;
i. Traffic circulation;
j. Deed restrictions;
k. Access restrictions;
l. Setbacks and yards;
m. Type of shore cover;
n. Specified sewage disposal and water supply systems;
o. Planting screens;
p. Piers and docks;
q. Increased parking;
r. Duration of conditional use; or
s. Any other requirements necessary to fulfill the purpose and intent of this chapter.
(2) Site review. In making its recommendation, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission or Board may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage, and water systems, and the proposed operation/use.
(3) Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Village Board after recommendation from the Plan Commission.
(4) Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Village Board may require the use of certain general types of exterior construction materials and/or architectural treatment.
(5) Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, and the like.
(6) Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking, and loading.
(k) Validity of conditional use permit.
(1) Conditional uses authorized by Village Board resolution shall be established for a period of time to a time certain or until a future happening or event at which the same shall terminate.
(2) Where the Village Board has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Board’s action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of issuance, and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall notify the holder by certified mail of such revocation. The Board may extend such permit for a period of 90 days for justifiable cause, if application is made to the Village Board at least 30 days before the expiration of said permit.
(3) 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 village may impose conditions such as the permit’s duration, transfer, or renewal, in addition to any other conditions specified in the zoning ordinance or by the Village Plan Commission or Village Board.
(4) Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.
(l) Termination. Conditional use(s), when replaced by permitted use(s), shall terminate. In such case(s), the reestablishment of any previous conditional use(s), or establishment of a new conditional use(s) shall require review, public hearing and approval by the Village Board in accordance with Article D.
(m) Substitution. Conditional uses authorized by the Village Board shall not be subject to substitution with other conditional uses, whether similar type or not, without Village Board approval and the procedures required in Article J.
(n) Complaints regarding conditional uses. The Village Board shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator, Clerk, and highest elected official, as appropriate, to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal, or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this code. Upon written complaint by any citizen or official and after seeking an advisory recommendation from the Plan Commission, the Village Board shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in § 13-1-125(f), a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in § 13-1-125(e). Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Village Board may, in order to bring the subject conditional use into compliance with the standards set forth in § 13-1-125(f) or conditions previously imposed by the Village Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 13-1-125(f) will be met, the Village Board may revoke the subject conditional approval and direct the Zoning Administrator, Clerk, and highest elected official, as appropriate, and the Village Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Village Board shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. The basis for permit termination or revocation must be supported by substantial evidence.
(o) Conditional use; sexually oriented businesses.
(1) Findings and purpose. The Village Board finds that due to their nature, the existence of sexually oriented businesses in the village have serious objectionable operational characteristics, such as an effect upon property values, local commerce, and crime. Due to the deleterious combined effect on adjacent areas when such uses are concentrated, or when located in close proximity to premises which serve alcoholic beverages, fermented malt beverages, or wine for consumption on site, such uses should not be permitted to be located in close proximity to each other or to premises serving such beverages. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. Such regulations are contained in these standards. These standards are designed to protect the village’s retail trade, maintain property values, prevent crime, control the spread of disease, and, in general protect and preserve the quality of the village’s neighborhoods, commercial districts, and the quality of village life.
(2) Standards. A sexually oriented business is permitted only as a conditional use and only in the B-H District, provided that:
a. Such use shall not be located within 1,000 feet of any residence or single/multi-family residential district designated within this chapter (this includes the R-R, R-L, R-M, R-MF, MHTH, R-T, P-C Districts);
b. Such use shall not be located within 1,000 feet of any public or private school, daycare premises, nursery, church, park, or any building used even upon occasion as such;
c. Such use shall not be located within 1,000 feet of another adult bookstore, adult entertainment establishment, or adult motion picture theater;
d. Such use shall not be located within 250 feet of any establishment that serves or sells or disperses any alcohol beverages for consumption on-site;
e. Such use shall not be located within 1,000 feet of any premises which is licensed by the village or any other governmental body to sell, serve, or dispense alcoholic beverages, fermented malt beverages, or wine for consumption on site; and
f. Such use shall not be located on or in premises which are licensed by the village to sell, serve, or dispense alcoholic beverages, fermented malt beverages, or wine for consumption on site.
(3) Exemptions. The provisions of this section do not apply to the following establishments: theaters, performing arts centers, civic centers, and dinner theaters where live dance, ballet, music and dramatic performances of serious artistic merit are offered on a regular basis and in which the predominant business or attraction is not of the type or nature offered by a sexually oriented business as defined in § 13-1-140.
(4) Miscellaneous.
a. The distances provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the lot upon which the proposed use is to be located, to the nearest point of the zoning district boundary line or the lot from which the proposed use is to be separated.
b. Violation of these provisions is declared to be a public nuisance per se.
c. Nothing in this section is intended to authorize, legalize, or permit the establishment, operation of maintenance of any business, building, or use which violates any village ordinance, county ordinance, or statute of the state regarding public nuisances, sexual conduct, lewdness, or obscene or harmful matter, or the exhibition or public display thereof.
(p) Conditional use; specific livestock operations.
(1) Generally. This section describes the procedural requirements relating to the conditional use permit review of a new or expanded livestock operations that will have 500 or more animal units, as required under § 13-1-29(b).
(2) Initiation. The owner of the subject property may submit an application for the establishment of a livestock operation.
(3) Application and review procedure. The general steps outlined below shall be used in the review of an application for a conditional use permit for a new or expanded livestock operation.
a. Pre-submittal meeting. Before submitting an application, the applicant or the applicant’s agent may meet with the Zoning Administrator, Clerk, and highest elected official, as appropriate, to review applicable regulations and procedures and the proposed livestock operation.
b. Submittal of application materials. The applicant shall submit four copies of the completed application form and worksheets prescribed by Wis. Admin. Code, § ATCP 51.30, to the Zoning Administrator, Clerk, and highest elected official, as appropriate, along with the application fee as may be established by the Village Board in the village’s annual fee schedule. Submission of documentation relied upon for the nutrient management checklist may be required if necessary to substantiate the nutrient management checklist.
c. Determination of completeness. Within 45 days of submittal, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall determine whether the application is complete or incomplete. If the Zoning Administrator, Clerk, and highest elected official, as appropriate, determines that the application is incomplete, he or she shall send the applicant a written notice that describes the reason or reasons why the application is incomplete. If the Zoning Administrator, Clerk, and highest elected official, as appropriate, determines that the application is complete, he or she shall send a written notice to the applicant within 14 days of such determination.
d. Notice to adjacent property owners. Within 14 days of a determination of completeness, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall mail a completed notice as in Wis. Admin. Code, Chapter ATCP 51 to the recorded owner of each parcel of land that is adjacent to the proposed livestock facility. Such notices shall be mailed by first class mail. Failure to comply with the notice requirement under this subsection (p) does not invalidate the approval of a proposed livestock facility, or create a cause of action by a property owned against the village or any village committee, Village Board, or employee.
e. Public hearing. The Zoning Administrator, Clerk, and highest elected official, as appropriate, may schedule a public hearing on the application within 90 days after issuing notice of a complete application.
f. Standards. The standards for issuing a permit are as follows.
1. The state livestock facility siting standards adopted under Wis. Admin. Code, Chapter ATCP 51. These standards are incorporated by reference, without reproducing them in full.
2. Setbacks authorized by this chapter.
g. Criteria for issuance of a permit.
1. A permit shall be issued if the application for the proposed livestock facility contains sufficient credible information to show, in the absence of clear and convincing information to the contrary, that the proposed livestock facility meets the standards specific in this chapter.
2. A permit may be denied if any of the following apply.
i. The application, on its face, fails to meet the standards for approval.
ii. The village finds, based on other clear and convincing information in the record, that the proposed livestock facility does not comply with applicable standards in this ordinance.
iii. Other grounds authorized by Wis. Stats. § 93.90, that warrant disapproving the proposed livestock facility.
3. No conditions may be imposed on a permit other than the standards provided in the ordinance.
h. Record of decision.
1. The Village Board shall issue its decision in writing. Its decision shall be based on written findings of fact supported by evidence in the record.
2. In the event that a permit is approved, the applicant shall receive a duplicate copy of the approved application, marked “approved.” The duplicate copy must include worksheets, maps, and other documents (other than engineering specifications) included in the application.
i. Notice to the Department. The Village Clerk as required by § ATCP 51.36 Wis. Adm. Code within 30 days of the Village decision on the application shall do all of the following.
1. Give the Department of Agriculture, Trade, and Consumer Protection written notice of the town/county decision.
2. File with the Department a copy of the final application granted or denied, if the village has granted or denied an application under this chapter. (The copy shall include all of the worksheets, maps, and other attachments included in the application, except that it is not required to include the engineering design specifications.)
3. If the village has withdrawn a local approval under this chapter, file with the Department a copy of the village final notice or order withdrawing the local approval.
j. Expiration of permit. A permit remains in effect regardless of the amount of time that elapses before the livestock operator exercises the full authority granted under the permit, and regardless of whether the livestock operator exercises the full authority granted by the approval. However, the village may treat a permit as lapsed and withdraw the permit if the permit holder fails to do all of the following within two years after issuance of the permit.
1. Begin populating the new or expanded livestock facility.
2. Begin constructing all of the new or expanded livestock housing or waste storage structures proposed in the permit application.
k. Permit modifications. The operator may make reasonable changes that maintain compliance with the standards in this chapter, and the village shall not withhold authorization for those changes.
l. Compliance monitoring. The village shall monitor compliance with the ordinance as follows.
1. Upon notice to the livestock facility owner the village may request the right of the Zoning Administrator, Clerk, and highest elected official, as appropriate, to personally view the permitted facility at a reasonable time and date to ensure that all commitments of the application as approved are being complied with.
2. If the livestock facility owner refuses the Zoning Administrator, Clerk, and highest elected official, as appropriate, the right to view the permitted facility, the Zoning Administrator, Clerk, and highest elected official, as appropriate, may request the assistance of the Sheriff or a deputy Sheriff to obtain an inspection warrant for the circuit court to inspect the permitted facility for the purpose of protection of the public health and safety under Wis. Stats. § 66.0119.
3. If a permitted facility is found not to be in compliance with the commitments made in the approved application, the Zoning Administrator, Clerk, and highest elected official, as appropriate, shall issue a written notice to the livestock facility owner stating the conditions of noncompliance and directing that compliance of the commitments of the approved application and be complied with in a reasonable amount of time stated in this written notice.
4. If noncompliance of the permit conditions as described in the written notice given by the Zoning Administrator, Clerk, and highest elected official, as appropriate, continue past the stated reasonable time to comply, the Zoning Administrator, Clerk, and highest elected official, as appropriate, may take further action as provided in this chapter, including, but not limited to, issuance of a citation or seeking of injunctive relief.
5. If the livestock facility owner disputes that the conditions of the permit have not been complied with, the livestock facility owner may request a hearing in writing within five days of receipt of the notice of noncompliance. The Village Board shall schedule a hearing within five days to determine if the conditions of the permit have been complied with or whether noncompliance of the commitments of the approved application and local approval exists.
m. Terms of the permit. A permit and the privileges granted by a permit issued under this chapter is conditioned on the livestock operator’s compliance with the standards in this chapter, and with commitments made in the application for a permit. The village is authorized to suspect a permit or seek other redress provided in this chapter for noncompliance. Pursuant to Wis. Admin. Code, § ATCP 51.34(4)(b) the village may withdraw an approval if any of the following apply.
1. The operator materially misrepresented relevant information in the application for local approval.
2. The operator, without authorization from the village, fails to honor commitments made in the application for approval.
3. The livestock facility fails to comply with applicable standards.
n. Transferability.
1. A permit and the privileges granted by the permit run with the land, and remain in effect, despite a change in ownership of the livestock facility, as long as the new operator does not violate the terms of the local approval. An applicant may record with the register of deeds, at the applicant’s expense, the duplicate copy of the approved application.
2. Upon change of ownership of the livestock facility, the new owner of the facility shall file information with the Village Clerk providing pertinent information, including, but not limited to, such information as the name and address of the new owner and date of transfer of ownership.
o. Appeal of decision on livestock facilities conditional use permit.
1. In addition to other appeal rights provided by law, Wis. Stats. § 93.90(5), provides that any “aggrieved person” may request review by the Livestock Facility Siting Review Board and any decision by the Village Board in connection with a permit application. An “aggrieved person” may challenge the decision on the grounds that the Village Board incorrectly applied the standards under this article or violated Wis. Stats. § 93.30.
2. An
AGGRIEVED PERSON under this section, as defined in Wis. Stats. § 93.90(5), means a person who applied to the village for approval of a livestock siting or expansion, a person who lives within two miles of the livestock facility that is proposed to be sited or expanded, or a person who owns land within two miles of a livestock facility that is proposed to be sited or expanded.
3. Any appeal to the State Livestock Facility Siting Review Board shall comply with Wis. Stats. § 93.90 and administrative rules of said Board.
(Ord. passed 1-18-2021)