(a)

Purpose. The development and execution of this article is based upon the division of the City into districts within which the use of land and buildings and the height and location of buildings and structures in relation to the land are substantially compatible. However, there are certain uses that, because of their unique or varying characteristics, cannot be allowed as a permitted use in a particular district without consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use of the particular location.

(b)

Application for conditional use. An application for a conditional use permit shall be filed with the City Planner on a form prescribed by the City Planner, accompanied with the required fee. The application shall be accompanied by such plans and information as are required by the site plan review in Section 42-273(d) and shall include a statement in writing by the applicant and evidence showing that the proposed conditional use shall conform to the standards set forth in Subsection (s) of this section.

(c)

Site plan review. An application for a conditional use permit shall be referred to the Site Plan Review Committee. The Site Plan Review Committee shall within 15 days of such referral make a recommendation to the Plan Commission.

(d)

Hearing on application. Upon receipt of the application and other material referred to in Subsection (b) of this section, the Plan Commission shall hold a public hearing on the application for a conditional use at such time and place as shall be established by such commission.

(e)

Notice of hearing. Notice of the time, place and purpose of such hearing shall be given as a Class 2 notice under the Wisconsin Statutes in the official City paper. Notice of time, place and purpose of such public hearing shall also be sent to the applicant and to the property owners as recorded in the property tax assessment rolls within 400 feet of the subject site, said notice to be sent by regular mail at least ten days prior to the date of such public hearing.

(f)

Plan Commission Review. The Plan Commission, after a public hearing, shall, within a reasonable time, not to exceed 90 days, grant or deny any application for a conditional use. Failure to act shall constitute denial of the request. Prior to the granting of a conditional use, the Commission shall make findings based upon the evidence presented that the standards herein prescribed are being complied with.

(g)

Standards. No application for a conditional use shall be granted unless the Plan Commission finds:

(1)

That a recommendation has been made by the Site Plan Review Committee;

(2)

That the uses, values, and enjoyment of other property in the neighborhood for purposes already permitted shall not be substantially impaired or diminished by the establishment, maintenance or operation of the conditional use;

(3)

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;

(4)

That adequate utilities, access roads and drainage have been or are being provided;

(5)

That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the streets;

(6)

That the site for the proposed use is adequate in size and shape to accommodate the use;

(7)

That the conditional use shall conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Plan Commission;

(8)

That any large-scale development complies with the standards of Article XI of this chapter.

(h)

Conditions. The following conditions shall apply to all conditional uses:

(1)

Prior to the granting of any conditional use, the Plan Commission may require such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as it deems necessary to promote the public interest, and to secure compliance with the standards and requirements specified in Subsection (g) of this section.

(2)

No alteration of a conditional use shall be permitted unless approved by the Plan Commission, except that the Building Division Director may issue permits for minor alterations or additions which are approved, by the City Planner, and are compatible with the concept approved by the Plan Commission and the standards in Subsection (g) of this section. This subsection shall not apply to additions or alterations to two-family dwellings within an R1 or R2 District if the addition complies with all zoning ordinance standards of the district.

(i)

Revocation and extension. In any case where a conditional use has not been established within one year after the date of issuance of the permit, then without further action by the Plan Commission and without notice to the applicant, the conditional use permit shall become null and void unless substantial building construction has commenced. However, the permit holder may apply to the Plan Commission for an extension of this time requirement. The Plan Commission may, in its discretion, grant, deny, condition or modify such time extension request, but such extension shall not exceed one year. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.

(j)

Applicability. For any use in existence at the time of adoption of the ordinance codified in this chapter, which becomes a conditional use because of the adoption of the ordinance codified in this chapter, such use shall be deemed to be a permitted conditional use and shall be granted a conditional use permit by the Plan Commission or, for mobile home courts or travel trailer camps, the City Council. Application for a conditional use permit and a hearing before the Plan Commission for City Council shall not be required for conditional use permits under this subsection and such permit shall be deemed to have been granted upon adoption of the ordinance codified in this chapter.

(k)

Discontinuance of conditional use. In any case where an established conditional use is discontinued for a period of one year, then without further action by the Plan Commission and without notice to the permit holder, the conditional use permit shall become null and void. If a conditional use permit becomes void under the provisions of this section, the City Planner shall remove such permit from the official zoning district map.

(Code 1976, § 18.24.040)