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Chippewa Falls City Zoning Code

ADMINISTRATION

17.44 - ADMINISTRATIVE AND ENFORCEMENT OFFICER.

The Building Inspector is hereby designated as the Administrative and Enforcement Officer for the provisions of this chapter. The term "Administrator" shall hereinafter be used to designate the Building Inspector.

(1)

DUTIES. In the enforcement of this chapter, the Administrator shall perform the following duties:

(a)

Issue the necessary Building Permits and Occupancy and Zoning Use Permits required by the provisions of this chapter provided its provisions have been complied with.

(b)

Keep an accurate record of all permits, numbered in the order of issuance, in a record book for this purpose.

(c)

In case of any finding of a violation of a provision of this chapter, notify in writing, the actual violator where known, the owner of the property on which the violation has taken place, and the City Council, indicating the nature of the violations and the action necessary to correct it.

(d)

Initiate, direct and review, from time to time, a study of the provisions of this chapter, and make reports of the recommendations to the Plan Commission for investigation and appropriate action.

(e)

Carry out such additional responsibilities as are hereinafter set forth by the provisions of this chapter.

(2)

AUTHORITY. In the enforcement of this chapter, the Administrator shall have the power and authority for the following:

(a)

At any reasonable time and for any proper purpose to enter upon any public or private premises and make inspection thereof.

(b)

Upon reasonable cause or question as to proper compliance, to revoke any building or occupancy permit and issue cease and desist orders requiring the cessation of any building, moving, alteration, or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the Administrator or the Board of Appeals; or take any other action as directed by the City Council to insure compliance with or to prevent violation of its provisions.

(c)

In the name of the City and with authorization of the City Council commence any legal proceedings necessary to enforce the provisions of this chapter or the Building Code including the collection of forfeitures provided for herein.

17.45 - BOARD OF APPEALS.

(1)

ESTABLISHMENT. There is hereby established a Board of Appeals for the City of Chippewa Falls for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.

(2)

MEMBERSHIP. There shall be a Board of Appeals consisting of 5 members appointed by the Mayor, subject to confirmation by the Council, for terms of 3 years, except that of those first appointed, one shall serve for one year, 2 for 2 years, and 2 for 3 years. The Mayor shall designate one of the members as Chairman. The Mayor shall appoint, for staggered terms of 3 years, 2 alternate members of such Board, in addition to the 5 members above provided for. Annually, the Mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act with full power only when a member of the Board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent or when more than one member of the Board refuses or is absent. The members of the Board shall serve as such compensation to be fixed by ordinance and shall be removable by the Mayor for cause upon written charges and after public hearing. Vacancies shall be filled for the unexpired terms of members whose terms become vacant. The above provisions, with regard to removal and the filling of vacancies, shall apply to such alternates.

(3)

GENERAL RULES.

(a)

The members of the Board of Appeals shall serve without compensation.

(b)

Members shall be removable by the Mayor for cause upon written charges and after public hearing.

(c)

The Mayor shall designate one of the members as Chairman and the Board of Appeals may designate such other officers and employ such employees as it feels necessary with the approval of the City Council.

(d)

The Board of Appeals shall adopt rules governing its procedure consistent with the terms of this chapter.

(4)

ORGANIZATION.

(a)

Meetings. Meetings of the Board shall be held at the call of the Chairman and at such other times as the Board may determine. All meetings of the Board shall be open to the public.

(b)

Minutes. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact and shall keep records of its examinations and other official action, all of which shall be immediately filed in the Office of the City Clerk and shall be a public record.

(c)

Concurring Vote. The concurring vote of 4 members of the Board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official or to decide in favor of the applicant on any matter upon which it is required to pass under this chapter or to affect any variation therefrom.

(5)

POWERS. The Board of Appeals shall have the following powers as defined by statute:

(a)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement of this chapter.

(b)

Variances. To hear and authorize appeals for variances where owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured.

(c)

Assistance. The Board may request assistance from other City officers, departments, commissions, and boards. The Board may utilize and give recognition to appropriate performance standards which are available in model codes or ordinances or which have been developed by planning, manufacturing, health, architectural and engineering research organizations.

(d)

Oaths. The Chairman may administer oaths and compel the attendance of witnesses.

(6)

APPEALS AND APPLICATIONS.

(a)

Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department, board, or bureau of the City affected by the decision of the Zoning Administrator. Such appeals shall be filed in the Office of the Zoning Administrator within 90 days after the date of notice of the decision or order of the Zoning Administrator.

(b)

Every appeal shall be made upon forms furnished by the Administrative Officer. The applicant or appellant shall provide all information requested on the form and any additional information requested by the Board of Appeals which is necessary to inform the Board of the facts of the appeal. Failure to supply such information shall be grounds for dismissal of the appeal. The appellant or applicant shall file the required form with the Administrative Officer.

(c)

An appeal shall stay all legal proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Appeals after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a Court of Record on application; on notice to the officer from whom the appeal is taken, and on due cause shown.

(d)

Each appeal shall be heard within 45 days from the date of filing of all requested information as required in subsection (b) above.

(e)

Upon receipt of the application and any additional required information, the Administrative Officer shall transmit to the Board all papers constituting the record upon which the action appealed from was taken and the application form.

(f)

All appeals shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

(7)

PUBLIC HEARINGS. The Board of Appeals shall fix a reasonable time and place for the hearing of the appeal and public notice of such hearing shall be given as provided by this chapter, as well as due notice to the parties in interest. At the hearing the appellant or applicant may appear in person, by agent, or by attorney.

(8)

FINDINGS. No variance to the provisions of this chapter shall be granted by the Board unless it finds beyond a reasonable doubt that the following facts and conditions exist and so indicates in the minutes of its proceedings.

(a)

Burden of Proof. The burden is upon the applicant to prove the need for a variance.

(b)

Exceptional Physical Conditions. Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, such as a shallow or steep parcel of land, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out.

(c)

Unique Circumstances. The conditions upon which an application for a variation is based are unique to the property for which the variation is sought and are not applicable, generally, to other property within the zoning classification.

(d)

Economic Hardship and Self-Imposed Hardship Not Grounds for Variance. No variance shall be granted solely on the basis of economic gain or loss. Pecuniary hardship, loss of profit, self-imposed hardships, such as that caused by ignorance, deed restrictions, proceeding without a permit, or illegal sales, are not sufficient reasons for receiving a variance.

(e)

Preservation of Property Rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(f)

Absence of Detriment. The proposed variance shall not be hazardous, harmful, noxious, offensive or a nuisance to the surrounding neighborhood by reason of physical, social or economic effect.

(g)

Neighboring Violations. Violations by neighboring owners do not justify granting a variance.

(h)

Preservation of Intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory uses or conditional use in that particular district.

(9)

DECISIONS.

(a)

Decision. The Board of Appeals shall render its decision within 15 days after completion of the hearing.

(b)

Conditions The Board may impose such requirements and conditions with respect to location, construction, maintenance and operation, in addition to any which may be stipulated in this chapter, as the Board may deem necessary for the protection of adjacent properties and the public interest and welfare.

(c)

Form of Decision. The final disposition of an appeal or requested variance shall be filed with the City Clerk in the form of a written decision or order, stated in the minutes. Such decision shall state the reasons for the Board's determination and its findings of fact and shall either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal or grant or deny the application for a variance.

(d)

Resubmittal of Appeal. If the appeal or requested variance is denied by the Board of Appeals, the appellant or applicant shall not resubmit the application for the appeal or requested variance to the Board of Appeals for a period of 6 months.

(10)

REVIEW BY COURT OF RECORD, APPEAL FROM DECISION. Any person or persons aggrieved by any decision of the Board of Appeals or any taxpayers or any officer, department, board or bureau of the municipality may appeal from a decision of the Board of Appeals within 30 days after the filing of the decision in the Office of the Board of Appeals in the manner provided by Wisconsin Statutes.

17.46 - CHANGES AND AMENDMENTS.

(1)

Pursuant to the provisions of Wisconsin Statutes, the Council may amend the regulations of this chapter or change the district boundaries, but no such amendments shall be made without a public hearing before the Council.

(2)

A proposal to amend the text or change the district mapping of this chapter may be initiated by the Council on its own motion, by recommendation of the Plan Commission, or by petition of one or more property owners. Final disposition of the proposed change or amendment shall lie with the City Council.

(3)

All petitions for a change, amendment or supplement of the established zoning districts and regulations connected therewith shall be filed by the person requesting such action on forms furnished by the Administrative Officer. The person requesting such action shall provide all information requested on the petition including:

(a)

Name and address of the petitioner.

(b)

The lot number of any real estate owned by the petitioner adjacent to the area proposed to be changed.

(c)

Legal description of the property to be altered.

(d)

The existing use of all buildings on such land.

(e)

The principal use of all properties within 300 feet of such land.

(f)

Purpose for which such property is to be used.

(g)

Reciting of facts indicating that the proposed change will not be detrimental to the general public interest and the purposes of this chapter.

(h)

Plot plan or survey plat, drawn to scale, showing the property to be rezoned, location of structures, and property lines within 300 feet of the property to be altered.

(i)

Any further information requested on the petition or which may be required by the Plan Commission to facilitate the making of a comprehensive report to the Council.

Failure to supply such information shall be grounds for dismissal of the petition.

(4)

A petition for change or amendment submitted by a private property owner shall be prepared in triplicate and filed with the City Clerk and shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

(5)

The City Clerk shall transmit one copy of such petition to the Plan Commission.

(6)

The Plan Commission shall conduct a study and investigation and report its recommendations to the Council as promptly as possible.

(7)

If the petition has been acted upon favorably by the Council, the Council shall hold a public hearing upon the petition.

(8)

If the proposed amendment pertains to an amendment of the Zoning District Map, at least 7 days prior to the public hearing, abutting property owners within 150 feet of the subject property shall be notified of the proposed amendment and public hearing by First Class Mail.

(9)

As soon as possible after such public hearing the Council shall act to approve, modify and approve, or disapprove the proposed change or amendment.

(10)

An approved change shall be by appropriate ordinance and necessary changes in the Zoning District Map or text shall be made promptly and a record of the Council's decision shall be filed in the office of the City Clerk.

17.47 - CONDITIONAL USE.

(1)

PURPOSE. The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire City into districts in each of which are permitted specified uses that are mutually compatible.

In addition to such permitted compatible uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district, but which because of their potential influence upon neighboring uses or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as "conditional uses."

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.

(2)

APPLICATION FOR CONDITIONAL USE PERMIT. A request for conditional use grant shall be submitted in writing to the City Clerk by the person requesting such action on forms furnished by the Administrative Officer. The person requesting such action shall provide all information requested on the application/petition including:

(a)

Name and street address of the applicant.

(b)

Legal description of the property.

(c)

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

(d)

Purpose for which the Conditional Use Permit is requested.

(e)

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.

(f)

Building, site and operation plans of the proposed use.

(g)

Architectural and landscape treatment.

(h)

Parking and circulation plans.

(i)

Drainage and sewage disposal plans.

(j)

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

(k)

Signs.

(l)

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

Failure to supply such information shall be grounds for dismissal of the application/petition.

(3)

The City Clerk shall promptly refer such application/petition to the Plan Commission for determination.

(4)

Upon referral of the petition, the Plan Commission shall schedule a public hearing thereon as soon as practical.

(5)

At least 7 days prior to the public hearing, abutting property owners within 150 feet of the subject property shall be notified the proposed Conditional Use Permit and public hearing by First Class Mail.

(6)

Following public hearing and necessary study and investigation, the Plan Commission shall as soon as practical, render its decision in writing. A record of the Plan Commission's decision shall be filed in the office of the City Clerk and a copy 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.

(7)

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.

(8)

STANDARDS. The Plan Commission shall base its determination on the general consideration as to the effect of such grant on the health, general welfare, and safety and economic prosperity of the City and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive, or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carry out the intent of conditional grants.

(9)

AUTHORITY OF IMPOSE CONDITIONS. The Plan Commission, in order to achieve the standards of subsection (8), 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.

(10)

When a conditional grant 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.

(11)

Except as may be specifically otherwise provided, any use shall conform to the building location, height, lot size, and open space regulations of the district in which it is located.

(12)

LAPSE OF CONDITIONAL USE PERMIT. A Conditional Use Permit shall lapse and become void one year after passage by the Plan Commission unless the conditional use is fully established or a building permit has been issued and/or construction has commenced and is being pursued diligently according to the requirements of the permit. A Conditional Use Permit may be renewed for an additional period of one year by application to and approval of the Plan Commission.

(13)

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 2 continuous years, the Conditional Use Permit granted herein shall automatically cease.

(14)

REVOCATION OF CONDITIONAL USE PERMIT. If, in the opinion of the Plan Commission, the terms of a Conditional Use Permit have been violated, the Plan Commission shall, following notice to all parties, hold a public hearing on the revocation of the permit. If, upon finding of fact that the terms of the permit have been violated, the Plan Commission may revoke, modify, or leave the permit unchanged. The Plan Commission or City Council may thereafter direct the City Attorney to secure such additional court orders as are necessary to implement its action.

(15)

A term of 5 years may be attached as a condition of the Conditional Use Permit where deemed necessary to promote the health, safety, morals, comfort, prosperity and general welfare of the City. where conditional Use Permits are issued for a 5-year term the Plan Commission shall review such permits at the end of the term for compliance with: (Am. #93-7)

(a)

The standards as prescribed in subsection (8) above.

(b)

Any conditions attached to the permit as prescribed by subsection (9) above.

The Plan Commission may renew the Conditional Use Permit provided the terms of the permit have not been violated without a public hearing, but may conduct a hearing at its option. In the event it is found that complaints have been registered by any citizen or 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 subsection (8) above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a public hearing shall be held upon notice as provided in §17.49. Any person may appear at such hearing and testify in person or 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 subsection (8) above 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 the standards set forth in subsection (8) above or conditions previously imposed by the Plan Commission (subsection (9) above) will be met, the Plan Commission may revoke the subject Conditional Use Permit and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use.

(16)

All conditional use petitions shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

17.48 - SPECIAL USE REGULATIONS.

(1)

PURPOSE. The formulation and enactment of a comprehensive zoning ordinance is based on the division of the entire City into districts in each of which are permitted specified uses that are mutually compatible and specified conditional uses subject to public review and Plan Commission approval.

In addition to such permitted and conditional uses, however, it is recognized that there are other uses which it may be necessary or desirable to allow in a given district, but which because of their potential influence upon neighboring or public facilities, need to be carefully regulated with respect to location or operation for the protection of the community. Such uses are classified in this chapter as "special uses."

The City Council may by ordinance grant a special permit for special uses in any district subject to conditions as hereinafter designated.

(2)

APPLICATION FOR SPECIAL USE PERMIT. A request for special use grant shall be submitted in writing to the City Clerk by the person requesting such action on forms furnished by the Administrative Officer. The person requesting such action shall provide all information requested on the application including:

(a)

Name and street address of applicant.

(b)

Legal description of the property.

(c)

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

(d)

Purpose for which the Special Use Permit is requested.

(e)

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.

(f)

Building, site and operational plans of the proposed use.

(g)

Architectural and landscaping treatment.

(h)

Parking and circulation plan.

(i)

Drainage and sewage disposal plans.

(j)

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

(k)

Signs.

(l)

Any further information requested on the application which may be required by the City Council to render its decision.

Failure to supply such information shall be grounds for dismissal of the application.

(3)

Before authorization of any special use, the request therefore shall be referred to the Plan Commission for study and report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood.

(4)

Upon referral of the petition, the Plan Commission may schedule a public hearing thereon as soon as practical, if the Commission so desires, and notice and publication of the time and place shall conform to the procedure prescribed herein.

(5)

Following the necessary study and investigation, the Plan Commission shall report its recommendations to the Council as promptly as possible.

(6)

Upon referral of the application and Plan Commission recommendation, the City Council shall hold a public hearing before granting any special use permit, and notice and publication of the time, and place shall conform to the procedure set forth for amending the Zoning Code.

(7)

At least 7 days prior to the public hearing, abutting property owners within 150 feet of the subject property shall be notified of the proposed Special Use Permit and public hearing by First Class Mail.

(8)

if no report is transmitted by the Plan Commission within 30 days of notification, the City Council may take action without further awaiting such report.

(9)

Following public hearing and necessary study and investigation, the City Council shall as soon as practical, render its decision by ordinance and a copy made a permanent part of the City's records and recorded in the office of the City Clerk.

(10)

AUTHORITY TO IMPOSE CONDITIONS. The Plan Commission may recommend and the City Council may attach certain conditions and safeguards to protect the comprehensive plan, and to conserve and protect property and property values in the neighborhood. The applicant must then agree to the conditions prior to the issuance of a Special 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.

(11)

STANDARDS. The Plan Commission shall base their recommendation and the City Council shall base their determination on the general consideration as to the effect of such grant on the health, general welfare, and safety and economic prosperity of the City and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive, or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carry the intent of special use grants.

(12)

When a special use grant 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.

(13)

Except as may be specifically otherwise provided, any special use shall otherwise comply with all the regulations set forth in this chapter for the district in which such use is located.

(14)

LAPSE OF SPECIAL USE PERMIT. A Special Use Permit shall lapse and become void one year after passage by the City Council unless the special use is fully established or a building permit has been issued and/or construction has commenced and is being pursued diligently according to the requirements of the permit. A Special Use Permit may be renewed for an additional period of one year by application to and approval of the City Council.

(15)

AUTOMATIC TERMINATION OF SPECIAL USE PERMIT. In the event the use for which the permit was granted shall cease or be abandoned for a period of 2 continuous years, the Special Use Permit granted herein shall automatically cease.

(16)

REVOCATION OF SPECIAL USE PERMIT. If, in the opinion of the City Council, the terms of a Special Use Permit have been violated, the City Council shall, following notice to all parties, hold a public hearing on the revocation of the permit. If, upon finding of fact that the terms of the permit have been violated, the City Council may revoke, modify, or leave the permit unchanged. The City Council may thereafter direct the City Attorney to secure such additional court orders as are necessary to implement its action.

(17)

A term of 5 years may be attached as a condition of the Special Use Permit where deemed necessary to promote the health, safety, morals, comfort, prosperity and general welfare of the City. Where Special Use Permits are issued for a 5-year term the City Council shall review such permits at the end of the term for compliance with: (Am. #93-7)

(a)

The standards as prescribed in subsection (11) above.

(b)

Any conditions attached to the permit as prescribed by subsection (10) above.

The Council may renew the Special Use Permit provided the terms of the permit have not been violated without a public hearing, but may conduct a hearing at its option. In the event it is found that complaints have been registered by any citizen or official, the Council shall initially determine whether said complaint indicates a reasonable probability that the subject special use is in violation of either one or more of the standards set forth in subsection (11) above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a public hearing shall be held upon notice as provided in §17.49. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Council may, in order to bring the subject special use into compliance with the standards set forth in subsection (11) above or conditions previously imposed by the Council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject special use. In the event that no reasonable modification of such special use can be made in order to assure the standards set forth in subsection (11) above or conditions previously imposed by the Council (subsection (10) above) will be met, the Council may revoke the subject Special Use Permit and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. In any event, prior to a public hearing, the matter shall be referred to the Plan Commission for study and recommendation.

(18)

All special use regulations shall be accompanied by the appropriate fee to defray the cost of giving notice, investigation and other administrative processing.

17.49 - PUBLIC HEARINGS.

In order that the owners of property involved and other legitimately interested parties may have fair opportunity to be heard, adequate notice shall be given of any public hearing required by the provisions of this chapter in the manner hereinafter defined or as may be otherwise specifically designated elsewhere in this chapter.

(1)

The notice to be given concerning any changes in the districts and regulations, conditional use permits or special use permits of this chapter shall be given by publishing in the official newspaper of the City, a Class 2 Notice, Ch. 985, Wis. Stats., as to the proposed changes and hearings thereon.

(2)

Such notice shall state the time and place of such public hearing, the purpose for which the hearing is held and shall include, in the case of map changes, a description of the area involved and, in the case of text changes, a description of the proposed change, in sufficient detail for general public identification. Reference shall also be made to the fact that detailed descriptions are available for public inspection at the City Clerk's office.