Colby City Zoning Code
ARTICLE IV
Conditional Uses
§ 480-28 Purpose of conditional uses.
The purpose of a conditional use is to provide a reasonable degree of discretion in determining the suitability of certain uses of a special nature, so as to make impractical their predetermination as a principal use in a district. The development and execution of this article is based upon the division of the City of Colby into zoning 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 at a specific 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 and are those uses specifically designated as conditional uses by the zoning district or which are classified as a conditional use under the review procedures in this article. The listing of a use as a conditional use is not a legislative determination that the use is inherently in the public interest in that district. [See All Energy Corp. v. Trempealeau County, 2017 WI 52 (2017)]
§ 480-29 Authority of Planning Committee and Common Council; requirements.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Authority; intent. The Common Council may authorize the Zoning Administrator to issue a conditional use permit after review, public hearing, advisory recommendation from the Planning Committee and approval from the Common Council, provided that such conditional use and involved structure(s) 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. Such Common Council action, and the resulting conditional use permit, shall specify the period of time for which effective, if specified; the name of the permittee; the location and legal description of the affected premises. Prior to the granting of a conditional use, the Common Council shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.
B.
Conditional uses adjacent to freeways. Any development for which a conditional use permit is requested within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 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 trafficway. The Planning Committee and/or Common Council shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
C.
General authority to require conditions. Per § 480-36, 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 recommended by the Planning Committee and required by the Common Council upon their finding that these are necessary to fulfill the purpose and intent of this chapter.
D.
Compliance with other zoning conditions. 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.
§ 480-30 Initiation of conditional use request.
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 permit is sought, may file an application to use such land for one or more of the conditional uses provided for in this article in the zoning district in which such land is located, or for a conditional use substantially similar to a listed conditional use.
§ 480-31 Application for conditional use.
A.
Application filing requirements. An application for a conditional use permit, accompanied by the application fee prescribed by the Common Council, shall be filed on a form prescribed by the City. Such applications shall be forwarded to the Planning Committee upon receipt by the Zoning Administrator or City Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Required plans/information. The plans/information required for review of all conditional use permit applications shall generally consist of any or all of the following, as required by the Zoning Administrator:
C.
Additional information. In order to secure information upon which to base its determination, the Zoning Administrator may require the applicant to furnish, in addition to the information required above and for a building permit, the following information:
(1)
Contours; soil types. 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. Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping and lighting.
(3)
Building and utilities plans. Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations.
(4)
Filling/Grading plan. Specifications for areas of proposed filling, grading, lagooning or dredging.
(5)
Other information. Other pertinent information necessary to determine if the proposed use meets the requirements of this chapter.
§ 480-32 Planning Committee review.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Upon receipt of the application and the information required by § 480-31 above, the request for a conditional use permit shall be placed on the agenda of the first Planning Committee meeting occurring after 10 days from the date of submission. The request shall be considered as being officially submitted when all the information requirements, including the payment of all applicable fees, are complied with. At such meeting, the Planning Committee shall make an advisory recommendation regarding the application, and a record of the proceedings shall be kept in such a manner and according to such procedures as the Planning Committee shall prescribe from time to time. The Common Council and/or Planning Committee can, on its own motion, apply conditional uses when applications for rezonings come before their bodies.
§ 480-33 Public hearing on application; notice.
A.
Hearing requirements. A public hearing shall be held on all conditional use permit applications. The public hearing may be held either by the Planning Committee or Common Council. Notice of the time, place and purpose of such hearing shall be given by publication of a Class 2 notice under Ch. 985, Wis. Stats., a minimum of 10 days prior to the public hearing 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 Planning Committee, 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, except that in the case of livestock facility siting conditional use hearings, such notice shall be sent to owners of property within 300 feet.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B.
Incomplete notice. Failure to fully comply with the notice to adjacent property owners shall not, however, invalidate any previous or subsequent action on the application.
§ 480-34 Standards and considerations for conditional uses.
A.
Standards. No application for a conditional use shall be recommended for approval by the Planning Committee, or approved by the Common Council, unless the following conditions are present:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
That the applicant has demonstrated that the application and all requirements and conditions established by the City relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. Per § 62.23(7)(de)b, Wis. Stats., "substantial evidence" means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.
(2)
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.
(3)
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.
(4)
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.
(5)
That adequate utilities, access roads, drainage and other necessary site improvements have been or are being provided.
(6)
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.
(7)
That the conditional use shall conform to all applicable regulations of the district in which it is located.
(8)
That the proposed use does not violate floodplain regulations governing the site.
(9)
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any new construction of a building or an addition to an existing building, the Common Council and Planning Committee 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 and the City Comprehensive Plan.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Additional considerations. In addition, in passing upon a conditional use permit application, the Planning Committee and Common Council shall also evaluate the effect of the proposed use upon:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including sedimentation.
(3)
Existing topographic and drainage features and vegetative cover on the site.
(4)
The location of the site with respect to floodplains and floodways of rivers and streams.
(5)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(6)
The location of the site with respect to existing or future access roads.
(7)
The need of the proposed use for a shoreland location.
(8)
Its compatibility with uses on adjacent land.
(9)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.
§ 480-35 Denial of application for conditional use permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
When an advisory recommendation of denial of a conditional use application is made by the Planning Committee or an actual denial by the Common Council, the Planning Committee and/or Common Council shall furnish the applicant, in writing, those standards that are not met and enumerate reasons the Planning Committee and/or Common Council has used in determining that each standard was not met. Such findings may be in the form of meeting minutes.
§ 480-36 Conditions and guarantees applicable to all conditional uses.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Planning Committee may recommend and the Common Council 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 § 480-34 above. Any condition imposed must be related to the purpose of the zoning code and be based on substantial evidence. In all cases in which conditional uses are granted, the Planning Committee may recommend and the Common Council shall require such evidence and guarantees as deemed 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:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(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;
(18)
Conditions pertaining to permit duration, transfer or renewal; or
(19)
Any other requirements necessary to fulfill the purpose and intent of this chapter.
B.
Site review. In reviewing each application and making its recommendation, the Planning Committee shall evaluate each application and may request assistance from any source which can provide technical assistance. The Planning Committee 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Signage. Signage shall be in compliance with municipal sign regulations.
D.
Extent of use. At no time shall the proposed conditional use utilize more than 35% of the gross floor area of the conforming use.
E.
Alteration of conditional use. No alteration of a conditional use shall be permitted unless first approved by the Common Council.
F.
Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Common Council may require the use of certain general types of exterior construction materials and/or architectural treatment.
G.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where a use is proposed to be located on areas indicated as having soils that are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided that 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.
H.
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 significant potential of accidents.
§ 480-37 Planning Committee recommendation; Council action.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Planning Committee advisory recommendation.
(1)
Following referral of conditional use permit applications, the Planning Committee may recommend that the Common Council authorize the Zoning Administrator to issue a conditional use permit for conditional uses specified in this chapter after review and a public hearing, provided such uses are in accordance with the purpose and intent of this chapter, and, more specifically, the standards for conditional uses established in this article.
(2)
The Planning Committee shall make findings of fact and recommend such actions or conditions relating to the request as the Committee deems necessary to carry out the intent and purpose of this chapter.
B.
Common Council action.
(1)
Upon receiving the recommendation of the Planning Committee, the Common Council shall place such recommendation(s) on the agenda for the next subsequent Council regular meeting. Such recommendations, including findings of standards not met as required by § 480-36, shall be entered in and made part of the permanent written record of the Common Council.
(2)
If, upon receiving the recommendations of the Planning Committee, the Common Council finds that specific inconsistencies exist in the review process or significant new facts have now been made available and thus the final determination of the Common Council will differ from the advisory recommendation of the Planning Committee, the Common Council shall, before taking final action, refer the matter back to the Planning Committee with the written record or separate statement/report explaining the specific reasons for referral. This referral action shall only be permitted one time with each conditional use permit application.
(3)
At the Common Council's discretion, the Council shall have the option to set and hold an additional public hearing at the next subsequent Common Council meeting. Such hearing shall be noticed and conducted as prescribed in this chapter in compliance with the requirements of this chapter and the Wisconsin Statutes. The Common Council shall make, and record in the minutes of the Council or in a separate statement/report, findings of fact and may impose and require any conditions the Common Council considers necessary to protect the public health, safety and welfare when approving and issuing a conditional use permit. The Common Council's decision to approve or deny the permit must be supported by substantial evidence.
C.
Reapplication. No application for a conditional use permit which has been denied in whole or in part by the Common Council shall be resubmitted for a period of one year from the date of such denial, except on the grounds that substantial new evidence or proof of changes that would result in compliance with applicable conditions is included in the resubmitted application.
§ 480-38 Validity of conditional use permit.
A.
Where the Common Council has approved or conditionally approved an application for a conditional use permit, such approval shall become null and void within 18 months of the date of the approval unless the Common Council has specified a different time line in its approval or 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 30 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation.
B.
A conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the City may impose conditions such as, but not limited to, permit duration, transfer or renewal, in addition to any other conditions specified in granting the conditional use permit.
C.
The Common Council may extend such permit for a period of 90 days for justifiable cause if the conditional use permit included a permit duration condition, if application is made to the Common Council at least 30 days before the expiration of said permit.
§ 480-39 Complaints regarding conditional uses.
The Common 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 Common 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 § 480-34 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 § 480-33 above. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Common Council may, in order to bring the subject conditional use into compliance with the standards set forth in § 480-34 or conditions previously imposed by the Common Council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in § 480-37. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-3, General penalty, of the City Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 480-34A and B will be met, the Common 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 Common Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Common Council under this section may be taken to the Zoning Board of Appeals.
§ 480-40 Bed-and-breakfast establishments.
A.
As conditional use. Bed-and-breakfast establishments shall be considered conditional uses and may be permitted in residential districts pursuant to the requirements of this article.
B. AGENT BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this section, the following terms shall have the meanings indicated:
The person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing with the Zoning Administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.
Any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or transients, is the owner's personal residence, is occupied by the owner or agent at the time of rental and in which the only meal served to guests is breakfast.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C.
Regulations.
(1)
Location. All bed-and-breakfast units shall be established within a principal structure only.
(a)
A bed-and-breakfast may be located in a formally designated local, state or national historical structure with an area of not less than 1,000 square feet of living space.
(b)
A bed-and-breakfast may be located in an existing single-family dwelling with an area of not less than 1,000 square feet of living space; however, a new single-family dwelling shall not be constructed for the purpose of establishing a bed-and-breakfast.
(2)
Number of units. A maximum of eight bed-and-breakfast units may be established in a structure.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
Domicile requirement. The bed-and-breakfast shall be the domicile for the owner or manager.
(4)
Employee restriction. The bed-and-breakfast shall employ not more than the equivalent of two full-time persons who are not domiciled in the principal structure.
(5)
Dining and other facilities. Dining and other facilities shall not be open to the public, but shall be used exclusively by the registered guests and residents, unless allowed by a separate permit.
(7)
Registry. Each bed-and-breakfast establishment shall provide a register and require all guests to register their true names and addresses before being 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.
(1)
City permit required. In addition to the permit required by Ch. ATCP 73 or 72, Wis. Adm. Code, 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 said officer and shall obtain a conditional use permit.
(2)
Application requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this article:
(3)
Display of permit. The permit issued by the Zoning Administrator shall be conspicuously displayed in the bed-and-breakfast establishment.
E.
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.
F.
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.
G.
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Common Council shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection C above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section, or of State of Wisconsin regulations as set forth in Ch. ATCP 72 or ATCP 73, Wis. Adm. Code, or as above provided.
§ 480-41 Home occupations.
A.
Intent. The intent of this section is to provide a means to accommodate a small home-based family or professional business without the necessity of a rezoning from a residential to a commercial district. Approval of an expansion of a home occupation at a future time beyond the limitations of this section is not to be anticipated; relocation of the business to an area that is appropriately zoned may be necessary.
B.
Permitted home occupations; restrictions. Home occupations, including professional home offices, meeting the requirements of this subsection are a permitted use in all Residential Districts and are subject to the requirements of the district in which the use is located, in addition to the following requirements:
(1)
The home occupation shall be conducted only within the enclosed area of the dwelling unit or a garage.
(2)
There shall be no exterior alterations which change the character thereof as a dwelling and/or exterior evidence of the home occupation other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment related to the operation of the home occupation shall be visible outside any structures located on the premises.
(4)
No home occupation use shall create smoke, odor, glare, noise, dust, vibration, fire hazard, small electrical interference or any other nuisance not normally associated with the average residential use in the district.
(5)
Only one sign may be used to indicate the type of occupation or business. Such sign shall not be illuminated and shall not exceed four square feet.
(6)
The use shall not involve the use of commercial vehicles for more than occasional delivery of materials to or from the premises.
(7)
A permitted home occupation is restricted to a service-oriented business prohibiting the manufacturing of items or products or the sale of items or products on the premises. Examples of service-oriented businesses are, but are not limited to, computer programming, accounting, insurance agency and computer-based consulting and clerical services.
(8)
A permitted home occupation shall not occupy more than 35% of the gross floor area of the dwelling.
(9)
Persons employed by a permitted home occupation shall be limited to resident family members and no more than two nonresident employees.
C.
Conditional use home occupations.
(2)
The types and number of equipment or machinery used on the conditional use site may be restricted by the Common Council.
(3)
Sale or transfer of the property or expansion of the home occupation shall cause the conditional use permit to be null and void.
(4)
Vehicle repair or body work may be allowed only as a conditional use, subject to restrictions placed by the Common Council.
§ 480-42 Specific residential conditional uses.
The following uses may be allowed by conditional use permit in accordance with this article.
A.
In the R-1 Residential District:
(1)
Cemeteries, crematoriums and mausoleums.
(2)
Charitable and nonprofit institutions.
(3)
Child-care facilities.
(4)
Churches, rectories, seminaries, convents, monasteries, including any other uses incidental to them.
(5)
Community swimming pools.
(6)
Educational institutions.
(7)
Golf courses.
(8)
Off-street parking.
(10)
Railroad rights-of-way and trackage, but not including classification yards, terminal facilities and maintenance facilities.
(11)
Temporary real estate offices.
(12)
Sheltered care elderly units.
B.
In the R-2 Residential District. In addition to conditional uses permitted in the R-1 District, the following uses may also be permitted in the R-2 District:
(1)
Mobile home parks.
(2)
Rest homes and nursing homes.
(3)
Hospitals and sanitariums.
(4)
One-family detached dwellings.
(5)
Wholesale nursery operations.
(6)
The sale of products produced on the premises only from temporary stands or existing operations structures.
(7)
Cemeteries, crematoriums and mausoleums.
(8)
Churches, rectories, parish houses and convents.
(9)
Golf courses, provided that no clubhouse or accessory building be located nearer than 500 feet to any dwelling. In addition, no in-bound area for normal golf activity shall be located nearer than 150 feet to any dwelling unit.
(10)
Institution for the aged.
(11)
Educational institutions.
(12)
Public service uses:
(a)
Filtration plant, pumping station and water reservoir.
(b)
Sewage treatment plant.
(c)
Police and fire stations.
(d)
Telephone exchange.
(e)
Electric substation and booster stations.
(f)
Sanitary landfill.
(g)
Other governmental uses found by the Common Council to be necessary for the public health, safety and welfare.
(13)
Private clubs and lodges, provided they are not carried out as a business.
(14)
Rest homes, nursing homes, hospitals and sanitariums.
(15)
Mobile home parks.
§ 480-43 Consistency with Comprehensive Plan.
Pursuant to § 66.1001(2m)(b), Wis. Stats., a conditional use permit that may be issued by the City of Colby does not need to be consistent with the City Comprehensive Plan.
§ 480-44 Appeals.
Any action of the Common Council in granting or denying a conditional use permit application may be appealed to the Zoning Board of Appeals. In the alternative, any action of the Common Council in denying a conditional use permit application may be appealed directly to Circuit Court per § 62.23(7)(e)10., Wis. Stats. In the case of appeals to the Zoning Board of Appeals, a written request shall be made within 10 days after the date of the Common Council's action granting or denying the permit. Such request for appeal to the Zoning Board of Appeals shall be filed and reviewed pursuant to the procedures in Article XIV of this chapter.