(1) Applicability.
Uses designated under the various zoning districts herein as conditional uses are so classified because they may have site-specific impacts that require the discretionary review of the Common Council. The following procedure is established to integrate the conditional uses properly with other land uses located in the district. These uses shall be reviewed and authorized or denied according to the following procedure.
(2) Application.
Applications for conditional use permits shall be submitted to the Community Development Director or their designee and shall include, but not be limited to the following where pertinent and necessary for proper review by the Plan Commission.
a. Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.
b. Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.
c. Site plan including the information required by the Community Development Director or their designee.
d. Additional information as may be required by the Plan Commission, City Engineer, Building Commissioner, Plumbing Inspector, Electrical Inspector, or Fire Inspector.
(3) Conditional use permit review criteria.
A conditional use permit may be granted upon finding in the review of the application that all applicable use specific provisions per
Article IV: Use Specific Standards of this Zoning Ordinance as well as the following criteria are met. A negative finding of fact on any of the following criteria shall require a negative vote on the application as a whole.
a. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.
b. 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.
c. Adequate utilities, access roads, drainage, parking supply, internal circulation improvements, including but not limited to vehicular, pedestrian, bicycle, and other necessary site improvements have been or are being provided.
d. Measures have been or will be taken to provide adequate ingress and egress and designed to minimize traffic congestion and to ensure public safety and adequate traffic flow, both on-site and on the public streets.
e. The conditional use conforms to all applicable regulations of the district in which it is located.
(4) First review and recommendation by the Plan Commission. At the first review and recommendation meeting, the Plan Commission shall review the conditional use permit application against the review criteria and all other provisions of this Zoning Ordinance and recommend that the application be advanced to the second review and recommendation meeting or be denied.
(5) Second review and recommendation by the Plan Commission. At the second review and recommendation meeting, the Plan Commission shall establish the conditions by which the conditional use permit shall be considered by the Common Council or recommend to the Common Council that the application be denied.
(6) Review and action by the Common Council.
The Common Council shall hold a public hearing on each application giving public notice as required by this article. The Council may subsequently approve, approve with conditions, or deny the issuance of the conditional use permit, or require the submittal of a modified application. The conditional use permit shall be granted or denied in writing.
(7) Conditions and restrictions.
The City 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 Plan Commission.
(8) Notice to DNR.
The Plan Commission shall transmit a copy of each application for a conservancy conditional use in the C-1 Shoreland Wetland Conservancy District to the Wisconsin Department of Natural Resources (DNR) by certified mail at least 10 days prior to the public hearing. Final action on the application by the Common Council shall not be taken for 30 days from the date the DNR receives notice of public hearing by certified mail or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland conservancy conditional use decisions shall be transmitted to the DNR within 10 days following the decision.
(9) Expiration of approval.
The conditional use permit shall expire within no less than 12 months of the date of issuance of the permit if no work has commenced. The issuance of the building permit shall constitute commencement of work. The conditional use permit shall remain valid only so long as the building permit shall remain valid. The time period to commence work and to complete the project shall be determined by the Plan Commission; and both, if not complied with, shall warrant consideration for revocation of the conditional use permit in accordance with what is provided here.
(10) Amendments.
Changes subsequent to the initial issuance of a conditional use permit which would substantially affect the conditions listed this article shall require an amendment to the conditional use permit. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.
(11) Revocation of conditional use permit.
Should a conditional use permit applicant, their heirs or assigns, fail to comply with the conditions of the permit issued by the Community Development Director or their designee or should the use, or characteristics of the use be changed without prior approval by the Common Council, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.
(12) Existing conditional uses.
All uses existing on the effective date of this article which would be classified as conditional uses in the particular districts concerned, if they were to be established after the effective date of this article, are hereby declared to be conforming conditional uses. Any proposed change or expansion, including signage and parking, of the existing operation shall be subject to the conditional use procedures and regulations in this section, as if such use were being newly established.
