(1)

PERMIT. The City Council upon recommendation of the Plan Commission may authorize the Building Inspector to issue a conditional use permit for conditional uses after review by the Plan Commission, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.

(2)

APPLICATION. Applications for conditional use permits shall be made in duplicate to the Building Inspector on forms furnished by the Building Inspector and shall include the following:

(a)

Names and Addresses. Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

(b)

Description of the Subject Site. The 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.

(c)

Plat of Survey. A plat of survey prepared by a registered land surveyor or other person approved by the Building Inspector, showing all of the information required under §17.09 for a building permit.

(d)

Additional Information. Additional information as may be required by the Plan Commission, City Coordinator, Building, Plumbing or Health Inspectors.

(3)

REVIEW AND APPROVAL. (Am. 4/3/97) The Plan Commission shall 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. A notice that a conditional use permit has been applied for, containing a description of the proposed conditional use and setting forth the time and date and place set for the consideration of the application by the Plan Commission, shall be sent by the City Clerk by regular mail to the owners of all adjoining and opposite property at least 10 days prior to the consideration of the application.

(a)

Controlled Access Highways. Any development within 500 feet of the existing or proposed rights-of-way of controlled access traffic ways and within 1,500 feet 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 City Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 60 days before taking final action.

(b)

Conditions of Approval. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational 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.

(c)

Compliance with other Provisions. 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. Variances shall only be granted as provided in § 17.60(4)(b).

(4)

PUBLIC AND SEMIPUBLIC USES. The following public and semipublic uses shall be conditional uses and may be permitted as specified:

(a)

Governmental and Cultural Uses, such as fire and police stations, community centers, libraries, public emergency shelters, parks, playgrounds, and museums in all districts.

(b)

Utilities in all districts provided all principal structures and uses are not less than 50 feet from any residential district lot line.

(c)

Public Passenger Transportation Terminals, such as heliports, bus and rail depots in the Business District and in the Industrial District provided all principal structures and uses are not less than 100 feet from any residential district boundary.

(d)

Public, Parochial and Private Elementary and secondary schools and churches in the Residential Districts, provided all principal structures and uses are not less than 50 feet from any lot line.

(e)

Colleges; Universities; Hospitals; sanitariums; religious, charitable, penal and correctional institutions in the R-3 District, provided all principal structures and uses are not less than 50 feet from any lot line.

(f)

Cemeteries in the A-1 agricultural District.

(5)

RESIDENTIAL USES. The following residential and quasi-residential uses shall be conditional uses and may be permitted as specified:

(a)

Clubs, fraternities, lodges and meeting places of a noncommercial nature in the R-2 Residential District provided all principal structures and uses are not less than 25 feet from any lot line.

(b)

Rest Homes, nursing homes, homes for the aged, clinics and children's nurseries in the R-2 or R-3 Residential Districts and in the B-1 Business District provided all principal structures and uses are not less than 25 feet from any lot line.

(c)

Motels in the R-3 Residential District.

(d)

Greenhouses and Nurseries in the R-3 Residential District.

(e)

Home occupations and professional offices in the R-1, R-2 or R-3 Residential Districts. (Am. 5/6/09)

(f)

Professional and Insurance Offices. The owner of professional and insurance offices in the R-2 or R-3 Residential Districts shall be a resident of the building and the professional or insurance office shall not exceed ½ the area of only one floor of the building. Not more than one person not a resident in the building in which such insurance or professional office is located may be employed in the insurance or professional office. (Am. 12-7-76)

(g)

Rental Unit in an owner-occupied home in the R-1 and R-2 Residential Districts, provided that only one rental unit per such owner-occupied home shall be allowed and that not more than 2 families shall live in any such dwelling. (Cr. 12/2/97)

(h)

Living Units Above First Floor. Residential living units and rooms above the first floor level in buildings in the B-1 Business District, provided adequate parking spaces are provided for off-street parking for each room or living unit. (Cr. 7/7/98)

(i)

Townhouses, Condominiums and Other Residential Uses Where Individually Owned Living Units are Physically Joined Together. These uses shall be allowed as conditional uses in all multifamily zones and are subject to the rules and conditions set forth in §17.33. (Cr. 7/6/04)

(j)

Living Units on First Floor. Residential living units and rooms on the first floor level in buildings in the B-1 Business District which are owner-occupied, provided that such living units and rooms do not comprise more than 25% of the total usable area on the first floor of such building and further provided that adequate parking spaces are provided for off-street parking for each room or living unit. (Cr. 4/2/08)

(k)

Pet Grooming Facilities. Pet grooming facilities in an owner-occupied home in all Residential Districts. Such conditional use shall be reviewed on a semiannual basis by the Plan Commission and any changes or additions to the conditions or restrictions on the conditional use permit recommended by the Plan Commission after such semiannual review may be made by the Common Council. (Cr. 6/4/08)

(l)

Child Care Facilities. A dwelling licensed as a child care center by the Wisconsin Department of Children and Families under Wis. Stats. 48.65. (Cr. Ord. 2017-04)

(6)

BUSINESS USES. The following commercial uses shall be conditional uses and may be permitted in the B-1 Business District as specified:

(a)

Drive-In Establishments serving food or beverages for consumption outside the structure.

(b)

Drive-In Banks, motels and tourist homes.

(c)

Funeral Homes provided all principal structures and uses are not less than 25 feet from any lot line.

(d)

Vehicle Sales, Service, washing and repair stations, garages, taxi stands, and public parking lots, in the Business Districts provided all gas pumps are not less than 30 feet from any side or rear lot lines and 20 feet from any existing or proposed street line.

(e)

Feed and Seed Stores but not to include grinding or processing operations.

(7)

INDUSTRIAL AND AGRICULTURAL USES. (Am. 11/3/86; #2018-03) The following industrial and agricultural uses shall be conditional uses and may be permitted as specified: dumps, disposal areas, incinerators and sewage disposal plans in the A-1 Agricultural, M-1 Industrial District, M-2 Limited Industrial District and M-3 Limited Industrial District.

(8)

COMMERCIAL USES. (Cr. 4/21/15) The following commercial uses shall be conditional uses and may be permitted in the C-1 Commercial District as specified: Commercial Car Washes.