(a)

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.

(b)

Conditional uses may be permitted in the district in which listed upon petition for such grant to the Plan Commission and subject to the approval of the Commission and to such other conditions as hereinafter designated.

(c)

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 Common Council upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(d)

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 2005, § 13-1-60)

A request for conditional use shall be submitted in writing to the City Clerk-Treasurer by the owner or his duly authorized agent on forms furnished by the Zoning Administrator. Failure to submit required information shall be grounds for disapproval. All conditional use petitions shall be accompanied by a fee as provided in Section 118-349 to defray the cost of giving notice, investigation and other administrative processing. The person requesting such action shall provide all information requested on the application/petition including:

(1)

Name and street address of the owner and, if applicable, agent.

(2)

Legal description of the property.

(3)

The proper location of the building or buildings on the lot.

(4)

Purpose for which the conditional use permit, is requested.

(5)

Reciting of facts indicating that the proposed use will not be detrimental to the general public interest, the purposes of this chapter and the general area in which it is located.

(6)

Building, site and operation plans of the proposed use.

(7)

Architectural and, landscape treatment.

(8)

Parking and circulation plans.

(9)

Names and addresses of all abutting and opposite property owners within 300 feet of the property to be altered.

(10)

Drainage and sewage disposal plans.

(11)

Planting screen and operational control devices plan, where necessary, to eliminate noise, dust, odor, smoke or other objectionable operating conditions.

(12)

Any further information requested on the application/petition which may be required by the Plan Commission to render its decision.

(Code 2005, § 13-1-61)

(a)

Hearing. All requests for conditional uses shall be heard by the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in Section 118-123, 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 Plan 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.

(b)

Hearing notice. Notice of the time, place and purpose of such hearing shall be given by the City Clerk-Treasurer 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 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 300 feet of the boundaries of the properties affected, said notice to be sent at least ten days prior to the date of such public hearing. Unintentional failure to accomplish these notifications shall not invalidate the procedures. The Plan Commission shall consider the petition at its next meeting, but not earlier than seven days from the date of submission to the Plan Commission. The petitioner or his representative shall appear before the Plan Commission in order to answer questions concerning the proposed conditional use.

(c)

Commission action. Following public hearing and necessary study and investigation, the Plan Commission shall, as soon as practical, render its decision in writing and a copy be made a permanent part of the Commission's records. Such decisions shall include an accurate description of the use permitted, of the property on which permitted and any and all conditions made applicable thereto or, if disapproved, shall indicate the reasons for disapproval.

(d)

Permit form. A conditional use permit issued by the Plan Commission shall be issued, in writing, to the applicant, who shall be an owner of the subject real estate or an agent thereof for the same.

(e)

Authority to impose conditions.

(1)

The Plan Commission, in order to achieve the standards of this article, may attach certain conditions to the permit. The applicant must agree to the conditions prior to the issuance of a conditional use permit. These conditions may include, but are not limited to, changes in building design, lot or building setback lines, excess of district regulations, landscaping, screening, hours of operation, number of employees, sign and lighting limitations and increased parking.

(2)

When a conditional permit is approved, the building, occupancy and zoning use permits shall be appropriately noted and such grant shall be applicable solely to the structures, use and property so described. Indication of such grant shall also be made on the Zoning District Map by appropriate symbol.

(3)

Conditional use permits are specifically subject to the imposition of future conditions such as those set forth in Section 118-126(1) if the Plan Commission determines the conditional use permitted has had an adverse impact on adjoining and/or adjacent properties or where the conditional use is having a material negative impact on the general public health, safety, and welfare.

(Code 2005, § 13-1-62)

No application for a conditional use shall be granted by the Plan Commission unless such Commission shall find all of the following conditions are present:

(1)

That 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)

That 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)

That 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)

That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.

(5)

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

(6)

That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located or that a variance has been obtained.

(7)

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

(8)

That 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 objectives of the zoning district.

(9)

That in addition for passing upon a conditional use permit, the Plan Commission shall also evaluate the effect of the proposed use upon:

a.

The maintenance of safe and healthful conditions.

b.

The prevention and control of water pollution including sedimentation.

c.

Existing topographic and drainage features and vegetative cover on the site.

d.

The location of the site with respect to floodplains and floodways of rivers and streams.

e.

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

f.

The location of the site with respect to existing or future access roads.

g.

The need of the proposed use for a shoreland location.

h.

Its compatibility with uses on adjacent land.

i.

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 2005, § 13-1-63)

The following conditions shall apply to all conditional uses:

(1)

Conditions and restrictions. Prior to the granting of any conditional use, the Plan Commission 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 Section 118-125. In all cases in which conditional uses are granted, the 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:

a.

Landscaping;

b.

Type of construction;

c.

Construction commencement and completion dates;

d.

Sureties;

e.

Lighting;

f.

Fencing;

g.

Operational control;

h.

Hours of operation;

i.

Traffic circulation;

j.

Deed restrictions;

k.

Access restrictions;

l.

Setbacks and yards;

m.

Type of shore cover;

n.

Specified sewage disposal and water supply systems;

o.

Planting screens;

p.

Piers and docks;

q.

Increased parking; or

r.

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

(2)

Site review. In making its recommendation, 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/use.

(3)

Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Plan Commission.

(4)

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 and/or architectural treatment.

(5)

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

(Code 2005, § 13-1-64)

(a)

Permit validity. 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. 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 12 months for justifiable cause, if application is made to the Plan Commission at least 30 days before the expiration of said permit.

(b)

Automatic termination of conditional use permit. In the event the use for which the permit was granted shall cease or be abandoned for a period of one continuous year, the conditional use permit granted herein shall automatically cease.

(Code 2005, § 13-1-65)

(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 and Plan Commission 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 three citizens or a City official, the Plan Commission 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 this article, 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 Sections 118-124 and 118-126. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in this article or conditions previously imposed by the Plan Commission, 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 of this article 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. Following any such hearing, the decision of the Plan Commission shall be furnished to the owner of the conditional use in writing stating the reasons therefor.

(b)

The Plan Commission further retains continuing jurisdiction over all conditional uses granted and may examine the need for additional conditions, more restrictive conditions, or other alterations of any conditional use permit based on the actual operation, vehicular traffic, lighting, or other conditions which affect the general public health, safety, and welfare and/or adversely impact adjoining or adjacent properties. The procedures outlined in this Section shall be applicable.

(Code 2005, § 13-1-66)

(a)

Conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in any zoning district except an industrial district pursuant to this article.

(b)

Definition. The term "bed and breakfast establishment" means any place of lodging that provides four or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner at the time of rental and in which the only meal served to guests is breakfast.

(c)

State standards. Bed and breakfast establishments shall comply with the standards of Wis. Admin. Code ch. HFS 197.

(d)

Special conditional use. The term "bed and breakfast establishment" shall also be deemed to include no more than three facilities city-wide for no more than ten individuals for each facility who share a residence for a limited term each calendar year. Said special conditional use may be further conditioned upon a set, but smaller number of individuals, for a set term of no more than two years, and reasonable other conditions as determined by the Building Inspector and/or Zoning Administrator.

(Code 2005, § 13-1-67; Ord. No. 754A, § I, 3-15-2016)