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5 / 52

No.

2006AP450

I. FACTS ¶5 On October 1, 2003, the Manitowoc Area Off Highway Vehicle Club, Inc., (hereinafter "the Club") purchased 77.2 acres of land in section twelve of the Town of Rhine, Sheboygan

County.

The

zoning classification of this

land has been

"B-2

Commercial

Manufacturing

or

Processing"

for

20

years.

Within

this classification, "[t]here are District, except that those uses

no permitted permitted in

uses in the B-2 the Agricultural

Land

Districts

A-1,

A-2

and

A-3

may

be

authorized

in

conjunction

with any conditional uses . . . . shall comply with the provisions

All uses are conditional and of Section 4.09 [Conditional

§ 4.08(2)(a).

Conditional

uses

Manufacturing

or

Processing"

district

Uses]

of this

ordinance."

Town of Rhine,

Wis.,

Municipal Code

"B-2

Commercial

(1)

fabrication

in the include:

of consumer or industrial commodities; offal, industrial waste and dead animal

(2) garbage, rubbish, reduction or disposal;

(3) for

quarrying;

(4)

mining and ore processing;

(5)

salvage

wood, metals, papers and clothing; and (6) stockyards.

3

yards Id.

¶6 used the hunting.

After purchasing the property in 2003, club members property for riding all-terrain vehicles (ATVs) and On January 6, 2004, pursuant to a request by the Town

3

On

March

conditional

uses

parks. The

Club

1, 2005, the Town in the B-2 District to initially applied for

of Rhine amended the include off-road vehicle a conditional use permit

under

the

revised

ordinance,

but

it

subsequently

requested

that

the the

application be held while the nuisance ordinance violations.

defendants sought The conditional

to dismiss use permit

would 10:00

have a.m.

allowed ATV activity on Wednesdays and Fridays until 6:00 p.m. but not on weekends or holidays.

from

3

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