Lancaster City Zoning Code
ARTICLE XI
Conditional Uses
§ 455-77 Conditional use permits.
The Plan Commission may authorize the Zoning Administrator to issue a zoning permit for uses identified as conditional uses in Article III of this chapter, provided that such uses are in accordance with the purpose and intent of this chapter and are found not be hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community.
§ 455-78 Conditions for private wastewater treatment plants.
A.
The applicant for a private wastewater treatment plant shall comply with the provisions of this article in addition to the requirements of this section.
B.
The applicant shall submit an application including plans and specifications prepared under the direction and control of a Wisconsin professional engineer in compliance with the requirements of this chapter and Ch. NR 108, Wis. Adm. Code.
C.
The applicant shall either demonstrate that the plans and specifications were approved by the Wisconsin Department of Natural Resources or that such plans and specifications conform to the applicable provisions of the Wisconsin Administrative Code for wastewater treatment and sludge handling or processing facilities.
D.
The applicant shall demonstrate that the private wastewater treatment plant is designed to prevent odors and minimize nuisance conditions to the maximum extent practicable.
E.
The applicant shall submit the following information to the extent not addressed in the plans and specifications:
(1)
A narrative of the wastewater treatment process and the basic design;
(2)
A site plan showing the location and size of all treatment systems and distances to nearest structures and community facilities;
(3)
Elevation views of the facilities representative of the view of the proposed facilities from off site;
(4)
An operation and maintenance plan which shall address, at a minimum, staffing and maintenance procedures, the implementation of odor control measures and an emergency operating procedure describing the steps to be taken in response to emergency and upset conditions at the facility;
(5)
A landscape plan describing reasonable steps to be taken to provide visual screening of the proposed facilities and to mitigate negative visual impact;
(6)
A sludge management plan describing the means of handling, treating and disposing of sludges generated from the process and including a general description of the lands used for disposal for land disposal systems;
(7)
A construction site erosion control plan demonstrating a commitment to implement best management practices as appropriate to control soil loss and sedimentation during construction;
(8)
A schedule of all permits and approvals required to be obtained from governmental units and regulatory agencies, and a description of the status and anticipated timing of such permits and approvals; and
(9)
A proposed project implementation plan and schedule showing provision of construction observation by a competent resident inspector, timing of initiation of construction, substantial completion and startup of facilities, and final construction.
§ 455-79 Application for conditional use.
A.
Application for conditional uses shall be made in writing on a form furnished by the Zoning Administrator.
B.
Payment of such fees as may be set by the Common Council shall be made at the time a zoning permit for a conditional use is submitted.
§ 455-80 Public hearing.
[Amended 5-21-2018 by Ord. No. 2018-07]
Upon receipt of an application for a zoning permit for a conditional use, the Zoning Administrator shall schedule a public hearing before the City Council. Such hearing shall be noticed by a Class 2 notification and posting in accordance with the provisions of Ch. 985, Wis. Stats. In addition, property owners within 200 feet of the property in question shall be notified, although failure of any property owner to receive such notification shall not invalidate the proceedings.
§ 455-81 Review and action.
[Amended 5-21-2018 by Ord. No. 2018-07]
A.
The City Council shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage patterns, sewer and water systems and the proposed operation.
B.
Conditions such as landscaping, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational hours, restrictions, increased yards or parking requirements or other requirements may be imposed by the City Council upon its finding that these are necessary to fulfill the purpose and intent of this chapter.
C.
Compliance with all the other provisions of this chapter such as lot width and areas, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses.
D.
If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in the City ordinance or those imposed by the City Zoning Board, the City shall grant the conditional use permit. Any condition imposed must be related to the purpose of the ordinance and be based on substantial evidence.
E.
The requirements and conditions in the conditional use permit must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by the City relating to the conditional use are or shall be satisfied, both of which must be supported by substantial evidence. The City's decision to approve or deny the permit must be supported by substantial evidence.
F.
Conditional use permits approved by the City Council shall expire within six months unless substantial work has commenced pursuant to such approval.
§ 455-82 Recordkeeping.
Records of all Plan Commission actions approving conditional uses shall be maintained by the Zoning Administrator and shall be referred to in regard to enforcement.
§ 455-83 Appeals.
[Amended 5-21-2018 by Ord. No. 2018-07]
If the City denies a person's conditional use permit application, the person may appeal the decision to the circuit court.