(a)

Definition. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section:

Substantial evidence means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

(b)

Purpose and findings. This Section provides for certain uses that, because of unique characteristics or potential impacts on adjacent land uses, are not permitted in zoning districts as a matter of right but which may, under appropriate standards and factors set forth in the Zoning Code, be approved. These uses shall be allowed through the issuance of a conditional use permit approved by the City Plan Commission after ensuring that the use can be appropriately accommodated on the specific property; that it will conform to the adopted comprehensive plan; that it can be constructed and operated in a manner that is compatible with the surrounding land uses and overall character of the neighborhood; and that the public interest, health, safety, and general welfare will be promoted.

(c)

Applicability. The provisions of this section apply to those uses that are enumerated as conditional uses in article VII of this chapter.

(d)

Initiation of application. An owner of real property, or that owner's authorized representative, may apply for a conditional use permit for that property by filing an application with the City Clerk on the form available from the Clerk's office or Planning Department. Before completing the application, the applicant is encouraged to meet with the Planning Director or designee to discuss the proposed conditional use and the review process.

(e)

Required information. The application for a conditional use permit shall include the following information:

(1)

A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of the County. The map shall clearly indicate the current zoning of the subject property and its environs. The map shall be submitted in a form that is clearly reproducible with a photocopier and shall be at a scale that is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

(2)

A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations;

(3)

A site plan of the subject property as proposed for development;

(4)

Written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in subsection (k);

(5)

Applications for proposed new or substantially modified mobile service facilities and supporting structures shall be reviewed for completeness and provide information as specified in Wis. Stats., 66.0404(2)(b) and (c);

(6)

Applications for proposed wind energy systems shall be reviewed for completeness and shall provide the information specified in Wis. Admin. Code § PSC 128.30, 128.31, and 128.60, as applicable;

(7)

Payment in full of all application fees established by the governing body; and

(8)

Additional information as may be required by local ordinances.

(f)

Completeness review. The Planning Director or designee shall review the conditional use permit application for completeness before review by the Plan Commission. Once the Planning Department notifies the applicant that the application is complete, the applicant shall provide the City Clerk with the complete application.

(g)

Withdrawal of application. An application for a conditional use permit may be withdrawn by the applicant at any time prior to action by the Common Council.

(h)

Amendments. Any proposed amendment to a conditional use permit shall be approved in the same manner and under the same procedures as are applicable to the issuance of the original permit. Any proposed amendment must be supported by substantial evidence.

(i)

Effect of denial. If an application for a conditional use permit is denied, a new application for the same conditional use will not be considered by the City Plan Commission for a period of 12 months from the date of denial.

(j)

Approval. After the application has been received by the City Clerk, it shall be referred to the City Plan Commission for review and decision. The Planning Director will prepare a staff report summarizing the proposed conditional use and including recommended conditions based on the requirements and standards of this Code.

(1)

Third party consultation. If necessary expertise is not available from City of La Crosse staff, public academic institutions or from appropriate regional, state or federal agencies, the City Plan Commission may consult with a third party to effectively evaluate a conditional use permit application. The Planning Director or designee will select the consultant. The applicant for the conditional use permit shall bear all reasonable costs and expenses associated with such consultation. Applicants retain the right to withdraw a pending conditional use permit application if they choose not to pay consultant fees.

(2)

Public hearings. The City Plan Commission shall hold at least one public hearing on the application following publication of a class 2 notice under Wis. Stat. ch. 985. The public hearing shall be conducted as a quasi-judicial hearing. Notice of the public hearing shall also be given by first class mail to the owners of all lands within 200 feet of any part of the land included in such conditional use at least seven days before the public hearing. The Commission's findings and recommendations shall be forwarded to the Judiciary and Administration Committee for review. The Judiciary and Administration Committee shall provide a recommendation to the Common Council.

(3)

Common Council decision. After receiving the recommendations of the Plan Commission and the Judiciary and Administration Committee, the Common Council shall consider the conditional use permit application and act to approve, approve with conditions, or deny the application based on the approval criteria of subsection (k). As soon as practical following the Common Council decision, the Common Council shall render its decision in writing. Such decision shall include an accurate and complete description of the approved conditional use, including all applicable conditions, or if disapproved, the reasons for disapproval. Any condition imposed and any decision to approve or deny must be based on substantial evidence.

(4)

Recording Procedures. The applicant, at its own expense, shall record a certified copy of the conditional use permit containing the specific requirements of approval pursuant to this section in the office of the County Register of Deeds.

(k)

Approval standards. No application for a conditional use shall be approved unless the City Plan Commission finds all of the following:

(1)

The conditional use complies with the regulations of the zoning district.

(2)

The conditional use complies with the standards and regulations of the specific use. This includes the specific use standards and regulations as set forth in article VII of this chapter.

(3)

The conditional use shall be compatible with the character of the neighborhood within the immediate area in which it is located.

(4)

The use furthers and does not conflict with goals, objectives, and policies of the Comprehensive Plan.

(5)

Traffic hazards and congestion are not substantially impaired.

(6)

Vibration, noise, odor, dust, or gas shall not be noxious or offensive.

(7)

The use and enjoyment of other property in the immediate vicinity will not be substantially impaired or diminished.

(8)

The property values within the neighborhood will not be substantially diminished.

(9)

The orderly development and improvement of surrounding property for uses allowed in the zoning district shall not be impeded.

(10)

The establishment, maintenance, or operation of the proposed use shall not be detrimental to or endanger the public health, safety, or general welfare.

(11)

The public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed use.

(l)

Conditions.

(1)

The City Plan Commission may attach conditions based on substantial evidence in order to achieve the standards under subsection (k) of this section or under article VII of this chapter. Such conditions include, but are not limited to:

a.

Financing and availability of adequate public facilities or services;

b.

Dedication of land;

c.

Reservation of land;

d.

Creation of restrictive covenants or easements;

e.

Special setbacks;

f.

Yard requirements;

g.

Increased screening or landscaping requirements;

h.

Development phasing;

i.

Standards pertaining to traffic, circulation, noise, lighting, emissions, hours of operation, and protection of environmentally sensitive areas;

j.

Provision of stormwater management and erosion and sedimentation control;

k.

Require that a performance guarantee be posted by the applicant to ensure continued compliance with all conditions and requirements as may be specified; and

l.

Require that a development agreement be entered into by the applicant.

(m)

Court Review. Any person aggrieved by the decision of the Common Council may seek relief by having the decision reviewed by the Circuit Court by certiorari, provided the petition for the writ is presented to the Court within 30 days of the decision of the Common Council.

(n)

Duration, Transfer, Renewal and Nonconforming Uses.

(1)

Duration. Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued and the requirements of this ordinance [Section] are followed. Unless a specific duration is included in a conditional use permit, a conditional use permit shall automatically expire if the conditional use changes to a permitted use not requiring a conditional use permit or if the conditional use is discontinued or ceases to exist for a continuous period of at least 365 days for any reason.

(2)

Renewal. If a conditional use permit is for a specific duration as included in the conditional use permit or the conditional use permit has expired, the property owner will need to apply for a new conditional use permit following the requirements of this ordinance [section].

(3)

Transfer of ownership. Unless a limitation on the transfer of ownership is included in the conditional use permit, all requirements of an approved conditional use shall be continued regardless of ownership of the subject property.

(4)

Nonconforming uses. For an existing and currently valid conditional use that is no longer allowed as a conditional use in the zoning district in which it is located, the provisions of section 115-33 shall apply.

(o)

Compliance. No alteration of a conditional use shall be permitted unless approved by the City Plan Commission.

(1)

Time limits on the development of conditional use. The start of construction of a conditional use shall begin within 365 days of its approval by the Common Council. A conditional use shall be operational within 730 days of its approval by the Common Council. Failure to initiate development and/or begin operations within this period shall automatically constitute a revocation of the conditional use. An applicant may request that the Common Council approve an extension for justifiable reasons for up to 24 months from the expiration date.

(2)

Other permits, approvals. No building permit or certificate of occupancy shall be issued for any development that does not comply with the requirements of the conditional use permit or this Code.

(3)

Continuing jurisdiction.

a.

Any person may notify the Zoning Administrator that one or more requirements or conditions of City of La Crosse ordinances or conditions of a conditional use permit have not been completed or are being violated. The Zoning Administrator may also investigate on his or her own volition. The Zoning Administrator shall have the power to enforce compliance and to revoke any conditional use permit should he or she find violations of the permit.

b.

If the Zoning Administrator determines a violation exists, the Zoning Administrator may revoke the conditional use permit.

c.

The determination of the Zoning Administrator may be appealed to the Judiciary and Administration Committee for an evidentiary hearing and decision.

d.

The Judiciary and Administration Committee shall conduct a hearing following publication of a class 2 notice under Wis. Stat. ch. 985. The Judiciary and Administration Committee may uphold, reverse, or modify the Zoning Administrator's decision based on substantial evidence. The decision of the Judiciary and Administrative Committee shall be final. Pursuant to Wis. Stat. § 68.16, the City elects this method as the exclusive review procedure.

e.

Court Review. Any person aggrieved by the decision of the Judiciary and Administration Committee may seek relief by having the decision reviewed by the Circuit Court by certiorari, provided the petition for the writ is presented to the Court within 30 days of the decision of the Judiciary and Administration Committee.

(Ord. No. 5322, § I, 1-9-2025)