The development and execution of this article is based upon the division of the City of Amery into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

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.

An application for a conditional use shall be filed on a form prescribed by the City, along with a fee as prescribed in the Schedule of Fees. 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 § 450-45 hereinafter. The application shall also be accompanied by a list of the names and addresses of all persons owning land within 300 feet of the property for which the conditional use permit is requested. The Plan Commission or City Council 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; high-water 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.

All requests for conditional uses shall be to the Plan Commission and City Council, or either body can, on its own motion, apply conditional uses when applications for rezoning come before it. Nothing in this chapter shall prohibit the City Council 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 § 450-42 above, the Plan Commission shall hold a public hearing on each application for a conditional use within 30 days after such request is filed at such time and place as shall be established by the 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.

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under the Wisconsin Statutes in the official City newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, the Zoning Administrator, members of the City Council and Plan Commission, and the owners of record as listed in the office of the City 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 10 days prior to the date of such public hearing. The Plan Commission shall report its action to the City Council within 45 days after a matter has been referred to it, after which the City Council shall take formal action.

When an advisory recommendation of denial of a conditional use application is made by the Plan Commission or an actual denial by the City Council, the City shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission and/or Council has used in determining that each standard was not met.

The following conditions shall apply to all conditional uses:

Where a conditional use application has been approved or conditionally approved, such approval shall become null and void within 24 months of the date of the approval 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 shall notify the holder by certified mail of such revocation. The City Council may extend such permit for a period of 90 days for justifiable cause, if application is made to the City Council at least 30 days before the expiration of said permit.

The City Council 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 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, the City Council 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 § 450-45 above, 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 § 450-44 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The City Council may, in order to bring the subject conditional use into compliance with the standards set forth in § 450-45 or conditions previously imposed by the City Council, 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 Subsection A(1) and (2) of § 450-45 will be met, the City Council may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the City Council shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor.