The development and execution of this article is based upon the division of the city 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.

(Code 1991, § 13-1-60)

(a)

The plan commission may authorize the zoning administrator to issue a conditional use permit for either regular or limited conditional use after review and public hearing, provided that such conditional use and involved structures are found to be in accordance with the purpose and intent of this chapter and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.

(b)

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. In granting of a limited conditional use, the plan commission in its findings shall specify the delimiting reasons or factors that resulted in issuing limited rather than regular conditional use.

(c)

For grants of limited conditional use, the plan commission resolution, and the resulting conditional use permit, shall specify the period of time for which effective, the name of the permittee, the location and legal description of the affected premises.

(d)

Any development within 500 feet of the existing or proposed rights-of-way of freeways or, 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.

(e)

Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(f)

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.

(Code 1991, § 13-1-61)

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 in the zoning district in which such land is located.

(Code 1991, § 13-1-62)

(a)

Required. Any use listed as a conditional use in this chapter shall be permitted only after an application has been submitted to the zoning administrator and a conditional use permit has been granted by the plan commission following the procedures provided in this article.

(b)

Application materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the city. Such applications shall be forwarded to the plan commission on receipt by the zoning administrator. Such applications shall include where applicable:

(1)

A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards of section 56-504.

(2)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.

(3)

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 lies.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.

(5)

Additional information as may be required by the plan commission or other boards, commissions or officers of the city. The plan commission may require such other information as may be necessary to determine and provide for 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; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.

(c)

Plans. In order to secure information upon which to base its determination, the plan commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:

(1)

A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover;

(2)

Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;

(3)

Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;

(4)

Specifications for areas of proposed filling, grading, lagooning or dredging;

(5)

Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.

(d)

Fee. The application fee for a conditional use permit shall be the amount provided in the city fee schedule.

(e)

Conditions. Upon consideration of the permit application and the standards applicable to the conditional use, the plan commission shall attach such conditions to a conditional use permit, in addition to those required elsewhere in this chapter, as are necessary to further the purposes of this chapter. Such conditions may include specifications for, without limitation because of specific enumeration, type of shore cover; erosion controls; increased setbacks; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation; operational control; sureties deed restrictions; location of piers, dockets, parking areas and signs; and type of construction. To secure information upon which to base its determination, the plan commission may require the applicant to furnish, in addition to the information required for a zoning permit, other pertinent information which is necessary to determine if the proposed use is consistent with the purposes of this article.

(Code 1991, §§ 13-1-63, 13-3-31)

(a)

All requests for conditional uses shall be 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 common council, on its own motion, from referring the request for conditional use to the plan commission.

(b)

Upon receipt of the application and statement required in this article, 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.

(Code 1991, § 13-1-64)

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 Notice under state law 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 common 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, the notice to be sent at least five days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

(Code 1991, § 13-1-65)

(a)

No application for a conditional use shall be granted by the plan commission or granted by the board of appeals on appeal unless 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)

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 measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(5)

The proposed use does not violate floodplain regulations governing the site.

(b)

When applying the above standards to any new construction of a building or an addition to an existing building, the plan commission 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.

(c)

In evaluating an application for a conditional use, the purpose of which is the location and/or construction of a "transitional home" or "transitional housing," in addition to consideration of factors in this section, the plan commission shall also evaluate:

(1)

The responsible party or parties (i.e. owner, tenant, etc.);

(2)

The terms of any agreement between the responsible parties;

(3)

The site plan, detailing:

a.

Location;

b.

Drainage;

c.

Impervious areas;

d.

Proposed address of site or unit;

e.

Site area;

f.

Size of unit;

(4)

The aesthetics of the unit;

(5)

The description of the unit;

a.

Method of securing unit;

b.

Method of delivering utilities;

1.

Heating;

2.

Water;

3.

Electricity;

4.

Solid and sanitary waste;

(6)

Occupancy;

a.

Occupants per unit;

b.

Guidelines for occupant(s);

c.

Vetting and enforcement; and

d.

Tenancy length.

(Code 1991, § 13-1-66; Ord. No. 2021-01, § I, 2-9-2021)

When a decision of denial of a conditional use application is made, the plan commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the commission has used in determining that each standard was not met.

(Code 1991, § 13-1-67)

(a)

Any action of the plan commission in granting or denying a conditional use permit may be appealed to the board of appeals, if a written request for an appeal is filed within ten days after the date of the plan commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20 percent of the land area immediately adjacent extending 100 feet therefrom or directly opposite thereto extending 100 feet from the street frontage of such opposite land.

(b)

The request shall be filed with the zoning administrator who shall submit it to the board of appeals at its next meeting, together with any documents and other data used by the plan commission in reaching its decision. The board of appeals shall set a date for a public hearing thereon. Notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least ten days before the date of the hearing.

(c)

The board of appeals may either affirm or reverse in whole or in part the action of the plan commission and may finally grant or deny the application for a conditional use permit.

(Code 1991, § 13-1-68)

(a)

Conditions. Prior to the granting of any conditional use, the plan commission, or the board of appeals on appeal, 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 this article. In all cases in which conditional uses are granted, the plan commission 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. Such conditions may include specifications for, without limitation because of specific enumeration:

(1)

Landscaping;

(2)

Type of construction;

(3)

Construction commencement and completion dates;

(4)

Sureties;

(5)

Lighting;

(6)

Fencing;

(7)

Operational control;

(8)

Hours of operation;

(9)

Traffic circulation;

(10)

Deed restrictions;

(11)

Access restrictions;

(12)

Setbacks and yards;

(13)

Type of shore cover;

(14)

Specified sewage disposal and water supply systems;

(15)

Planting screens;

(16)

Piers and docks;

(17)

Increased parking; or

(18)

Any other requirements necessary to fulfill the purpose and intent of this chapter.

(b)

Site review. In making its decision, the plan commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The commission 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 or use.

(c)

Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the plan commission.

(d)

Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the plan commission may require the use of certain general types of exterior construction materials or architectural treatment.

(e)

Sloped sites; unsuitable soils. Where slopes exceed six percent 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 or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated 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, etc.

(f)

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. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.

(Code 1991, § 13-1-69)

(a)

Where the plan commission 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 commission'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.

(b)

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 plan commission may extend such permit for a period of 90 days for justifiable cause, if application is made to the city at least 30 days before the expiration of the permit.

(Code 1991, § 13-1-70)

(a)

The plan commission 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 chapter.

(b)

Upon written complaint by any citizen or official, the plan commission shall initially determine whether the complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in section 56-504, a condition of approval or other requirement imposed hereunder.

(c)

Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in section 56-503. Any person may appear at such hearing and testify in person or represented by an agent or attorney.

(d)

The plan commission may, in order to bring the subject conditional use into compliance with the standards set forth in section 56-504 or conditions previously imposed by the plan commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in this article and section 1-16.

(e)

In the event that no reasonable modification of such conditional use can be made in order to ensure that standards in section 56-504 will be met, the plan commission may revoke the subject conditional approval and direct the zoning administrator and the city attorney to seek elimination of the subject use.

(f)

Following any such hearing, the decision of the plan commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the plan commission under this section may be taken to the board of appeals.

(Code 1991, § 13-1-71)

(a)

As conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to the requirements of this chapter.

(b)

Compliance with state standards required. All bed and breakfast establishments and licensees shall be subject to and comply with Wis. Admin. Code ch. DHS 197 relating to bed and breakfast establishments or Wis. Admin. Code ch. DHS 195 relating to hotels, motels and tourist rooming houses.

(c)

Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a city representative for a period of not less than one year.

(d)

Permit required. In addition to the permit required by Wis. Admin. Code ch. DHS 195 or DHS 197, before opening for business every bed and breakfast establishment shall obtain a permit from the zoning administrator by application made upon a form furnished by the officer and shall obtain a conditional use permit.

(e)

Permit application information. The application for a conditional use permit under this section in addition to meeting all other requirements of this chapter, shall include a site plan showing location and size of buildings, parking areas and signs; the number, surfacing and size of parking stalls; and the number, size and lighting of signs.

(f)

Display of permit. The permit issued by the zoning administrator shall be conspicuously displayed in the bed and breakfast establishment.

(g)

Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the other requirements of this chapter with respect to traffic, parking and access.

(h)

On-site signs. Total signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the requirements of this chapter with respect to signs.

(i)

Termination of permit. A bed and breakfast use permit shall be void upon the sale or transfer of the property ownership. The plan commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued under this section shall be valid until terminated by action of the zoning administrator for violation of the provisions of this section or state law or rules.

(Code 1991, § 13-1-72)