Fox Point Village City Zoning Code
§ 745-25
Special exceptions at boundary of zoning district.
A.
Where a use of property exists which is authorized in a zoning district (hereinafter referred to as "basic district") as a special exception, such use may be authorized to extend, not to exceed 40 feet, into property in a bordering zoning district (hereinafter referred to as "bordering district"), even though such use would not otherwise be permitted in the bordering district.
B.
Application shall be made to the Village Board requesting such extension. Such application shall be in writing signed by the owner of the property in the bordering district and shall set forth the use which exists in the basic district and which it is desired to extend into the bordering district and the reason such extension is requested. A filing fee as described in Chapter 63 of this Code shall be paid to the Village at the time of filing the application.
C.
The Village Board shall refer such application to the Plan Commission for its consideration. The Plan Commission shall consider the matter and report to the Village Board making its recommendation as to whether or not such extended use should be authorized, and may recommend that such extended use be subject to conditions and safeguards which it considers necessary to or desirable for the public interest, and to meet the requirements of this section.
D.
The Plan Commission in acting on the request shall take into consideration:
(1)
Uses authorized in the basic district.
(2)
The particular use existing on the property involved in the basic district.
(3)
Uses authorized in the bordering district.
(4)
The particular use existing on the property involved in the bordering district.
(5)
The character and use requested for the extended use, including proposed buildings and traffic layout.
(6)
The character and use of property and buildings in the vicinity of the property which would be subject to the extended use.
(7)
Such other matters as the Plan Commission considers germane to the question.
E.
The Plan Commission may recommend the authorization of the extended use if it is of the opinion that the extended use:
(1)
Will not be injurious to the other properties in the neighborhood and will not interfere with the use and enjoyment of their property by persons residing or working on other property in the neighborhood;
(2)
Will not cause a substantial depreciation in the property value in the neighborhood; and
(3)
Will be in harmony with the general purpose and intent of this chapter.
F.
On the receipt of the recommendation of the Plan Commission, the Village Board shall review the same and, applying the standards above set forth for the Plan Commission in considering the matter, shall make its own determination as to whether or not to authorize the extended use, and the Village Board may authorize such use or may deny it, or may authorize it subject to conditions and safeguards as above provided in respect to the Plan Commission in making its recommendation.
G.
Before taking action to authorize such use, the Village Board shall hold a public hearing on the proposal.
(1)
Notice of such hearing shall include reference to the consideration of the specific proposed extended use, including a brief description thereof.
(2)
Notice of such hearing shall be given by:
(a)
Publication once each week for two weeks, the first such publication to be not less than three weeks prior to the date of the hearing; and
(b)
Mailing a copy of such notice to the owner of each lot or parcel of real estate that is within 500 feet of the real estate on which the proposed use will be exercised. Such mailing shall be made not less than three weeks prior to the date of the hearing. The owners of lots or parcels of real estate to whom notice is to be given shall be determined from the records of the Village for the levying of real estate taxes.
H.
Any extended use so granted is limited solely to that use. If the use of the property in the basic district is changed, this does not authorize the changed use in the bordering district.
I.
The above provision shall apply when the basic district is in another municipality, as well as when it is in the Village of Fox Point.
J.
Discontinuance of an extended use for a period of six months or failure to comply with all conditions and safeguards specifically made applicable to the extended use shall be cause for termination of the authorization of said extended use. At least 15 days' notice shall be given to the owner of the real estate on which the extended use is authorized to appear before the Village Board and answer any charge of noncompliance. If the Village Board finds the charges substantiated, it may terminate the authority for such extended use.
K.
Any person feeling aggrieved by the action of the Village Board in authorizing, including the authorization subject to conditions and safeguards, or refusal to authorize an extended use, or the termination of such authorization as provided in Subsection J above, may appeal to the Board of Appeals in the same manner provided by Wisconsin Statutes for appeals to the Board of Appeals.[1]