The development and execution of this chapter is based upon the division of the City of Fox Lake 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 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.

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought, may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.

Upon receipt of the application and statement referred to in § 520-27 above, the Common Council shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Council. 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 Common Council shall, by rule, prescribe from time to time.

Notice of the time, place and purpose of such hearing shall be given by publication of a Class 1 notice, as prescribed by the Wisconsin Statutes, at least 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 Commission, and the owners of record as listed in the office of the City Assessor who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least 14 days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

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

Any action of the Common Council in granting or denying a conditional use permit may be appealed to the Zoning Board of Appeals if a written request for an appeal is filed within 10 days after the date of the Common Council's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20% of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. The request shall be filed with the Zoning Administrator who shall submit it to the Zoning Board of Appeals at its next meeting, together with any documents and other data used by the Common Council in reaching its decision. The Zoning Board of Appeals may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon. In the event the Zoning Board of Appeals elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least 10 days before the date of the hearing. The Zoning Board of Appeals may either affirm or reverse, by a two-thirds vote, in whole or in part, the action of the Common Council and may finally grant or deny the application for a conditional use permit.

The following provisions shall apply to all conditional uses:

Where the Common Council 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 Common Council 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 Common Council may extend such permit for a period of 90 days for justifiable cause, if application is made to the City at least 30 days before the expiration of said permit.

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 § 520-30 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 § 520-29 above. Any person may appear at such hearing and testify in person or 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 § 520-30 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 § 520-33. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-4 of this Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 520-30A(1) and (2) 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.