Grand Chute Town City Zoning Code
ARTICLE XI
Special Exceptions
§ 535-84 Definition.
A special exception is a use or structure that may not be appropriate generally or without restriction throughout a district but which, if controlled as to number, area, location or relation to neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare. Such uses or structures may be permissible in a zoning district as a special exception only if specific provision for such use or structure is made in the district. A special exception shall not be issued for any other use or structure.
§ 535-85 Procedure.
All applications for a special exception shall be submitted to the Administrator. Where a site plan is required by the terms of this chapter it shall be submitted coincident with the application. In cases where a site plan is not required by the terms of this chapter, the application shall contain information equivalent to that required for a building permit under § 535-74. The application may also be accompanied by any other material or information necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of these zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public interest. The Administrator shall refer all applications and accompanying materials to the Plan Commission.
§ 535-86 Notice requirements.
Upon the filing of an application for a special exception, the Plan Commission shall fix a reasonable time (not more than 45 days from the filing date) for a review and recommendation. Notice shall be mailed to the parties in interest as determined by the Plan Commission.
§ 535-87 Public hearing.
A.
Any hearing required under this article shall be conducted after a Class 2 notice pursuant to Ch. 985, Wis. Stats., and the Plan Commission shall keep a record of its proceedings under this section, all of which shall be filed immediately as public records.
B.
Public hearing. A public hearing is a formal proceeding conducted by the Plan Commission in accordance with the following procedures:
(1)
The Commission Chairperson shall open the hearing and make a concise statement of its scope and purposes. Appearances shall be entered on the record. Any official or employee of the Town of Grand Chute and any other person may participate in the hearing. Any person desiring to participate in the hearing, whether on his or her own behalf or as an authorized agent or attorney, shall enter an appearance in person by giving his or her name and address, the name and address of the person being represented, and the capacity in which he or she represents such person.
(2)
Persons entering an appearance may make statements, offer evidence or ask questions concerning the matter to be heard. Such statements need not be made under oath. The Chairperson shall determine the order in which people may speak and may limit the length of the presentations if it appears there will not be enough time for all who wish to speak or if presentations are unduly repetitious. Cross-examination of those who speak may not be permitted, but clarifying questions of those who speak or rebuttal statements shall be permitted by the Chairperson. Statements may be submitted in oral or written form.
(3)
The hearing shall be recorded by an electronic recording device.
(4)
The Plan Commission shall conduct the public hearing. The Plan Commission shall make a recommendation to the Town Board to approve, approve with conditions, or deny the special exception.
§ 535-88 Town Board decision.
A.
Conditions and safeguards. Where, by the terms of these regulations, certain conditions or requirements are specified for a special exception use or structure such conditions or requirements must be imposed by the Town Board. In addition to the conditions or requirements specified by the terms of these regulations, the Town Board may impose appropriate additional conditions or requirements as deemed necessary to ensure the proposed use or structure will serve the objectives of this chapter and promote the public health, safety, comfort, convenience and general welfare. Violation of such conditions and requirements, when made part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.
B.
Records and decisions. The Town Board shall keep a record of its proceedings under this section, all of which shall be filed immediately as public records. A majority of the Town Board members must concur. Every final decision under this section shall be in writing accompanied by findings of fact based on the record. No special exception shall be approved unless the Town Board shall find that:
(1)
The establishment, maintenance or operation of the proposed special exception use or structure at the proposed location will not be detrimental or injurious to the use and enjoyment of existing uses on adjacent properties or properties in the vicinity.
(2)
The establishment, maintenance or operation of the proposed special exception use or structure alone or in combination with other existing special exception uses and structures in the vicinity will not cause traffic hazards.
(3)
Adequate provision is made for surface water drainage, ingress and egress to the property, and off-street parking.
(4)
Adequate public facilities and services are available for the proposed special exception use or structure.
§ 535-89 Appeals.
Appeals to the Board of Appeals may be taken by any person aggrieved or by any officer, department or board of the municipality affected by a decision of the Town Board pursuant to § 535-95.
§ 535-90 Existing special exceptions.
Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a special exception in the district in which it is located shall be deemed to have been granted approval, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement or change in such use or structure shall require approval according to the terms of this chapter.
§ 535-91 Expiration of special exception permit.
Any special exception permit issued shall be in full use by the applicant within one year of approval. The special exception permit shall expire, without notice, if the applicant is not in operation and full compliance with the permit.