Arena City Zoning Code

The development and execution of this title is based upon the division of the village into districts, within which districts the use of the land and buildings, and bulk and location of the 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 impact of those uses upon neighboring land or public facilities, and of the public need for the particular use at 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 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 title in the zoning district in which such land is located.

Applications for zoning permits for conditional uses shall be made to the zoning administrator on forms furnished by the zoning administrator and shall include the information required in AMC § 18.130.010 except to the extent such information is not required as determined by the plan commission. 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 this section. The plan commission may require such other information as may be necessary to determine and provide for an enforcement of this title, including a plan showing contours and soil types, high water mark and ground water conditions, bedrock, vegetative cover, specifications for areas of proposed filling, traffic access, driveways, walkways, open spaces and landscaping, plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

No application for a conditional use shall be recommended for approval by the plan commission unless it shall find all of the following conditions present:

The following conditions shall apply to all conditional uses:

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 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.

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 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 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 AMC § 18.125.070, 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 AMC § 18.125.050. 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 AMC § 18.125.070 or conditions previously imposed by the 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 AMC § 18.125.070(a) and (b) will be met, the village board may revoke the subject conditional approval and direct the zoning administrator and the village attorney to seek elimination of the subject use. Following any such hearing, the decision of the village board shall be furnished the current owner of the conditional use in writing stating the reasons therefor.

A sexually oriented business establishment, as defined in AMC § 5.35.020, shall be a permitted use in the B-1 or B-2 district. All pertinent general or district zoning restrictions shall apply. In addition, no permit may be granted for a sexually oriented business establishment unless it shall be located at least 200 feet from boundaries of parcel to parcel: