It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these possess characteristics of such unique and special nature relative to location, design, size, method of operation, circulation, and public facilities that each specific use must be considered individually.

(Code 1977, § 20.05(1))

In granting a special use permit, the Council shall consider the advice and recommendation of the Plan Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety, morals and general welfare of occupants of surrounding lands. Among other things, the Plan Commission shall consider the following findings where applicable:

(1)

The use shall be compatible with adjacent land uses so that existing uses will not be depreciated in value and there will be no deterrents to development of vacant land;

(2)

The use shall have an appearance that will not have an adverse effect upon adjacent properties;

(3)

The use shall be reasonably related to the overall needs of the City and to existing land use patterns;

(4)

The use will not cause traffic hazards or congestion; and

(5)

The use shall have adequate utilities, access roads, drainage and other necessary facilities.

(Code 1977, § 20.05(2))

In granting a special use permit, the Council may impose additional conditions as recommended by the Plan Commission that are necessary to protect the best interest of the surrounding area or the community as a whole. These conditions may include, but are not limited to, the following:

(1)

Increasing the required lot size or yard dimension;

(2)

Limiting the height, size or location of buildings;

(3)

Controlling the location and number of vehicle access points;

(4)

Increasing the street width;

(5)

Increasing the number of required off-street parking spaces;

(6)

Limiting the number, size, location or lighting of signs;

(7)

Requiring additional fencing, screening, landscaping or other facilities to protect adjacent or nearby property;

(8)

Designating sites for open space; and

(9)

Establishing time limits for compliance.

(Code 1977, § 20.05(3))

The procedure for obtaining a special use permit is as follows:

(1)

The property owner or his agent shall meet with the Department of Community Development to explain his proposal and learn whether the proposed use may be permitted and what special requirements or standards shall be met. The applicant shall also obtain an application form;

(2)

The applicant shall file the completed application form with the Department of Community Development and shall pay a filing fee as established by the Council;

(3)

Upon receipt of the application, the Department of Community Development shall schedule an informal public hearing before the Plan Commission at its next meeting and shall also schedule a date for a formal public hearing before the Common Council. Prior to such formal hearing, a Class 2 notice as provided in Wis. Stats. ch. 985 shall be published in the official newspaper of the City. Owners of all properties lying within 200 feet of the proposed special use will also be notified;

(4)

After holding the informal public hearing, the Plan Commission shall make a recommendation to the Council; and

(5)

Following the formal public hearing and after careful consideration of the Plan Commission's recommendations, the Council shall vote to grant or deny the special use permit.

(Code 1977, § 20.05(4))

All special use permits shall be automatically revoked one year after being granted, by Council action if the holder thereof does not implement the permit. Implementation of a permit shall consist of:

(1)

Obtaining a building permit for a use granted by such special permit; or

(2)

If a building permit is not required, any action by the holder of a special permit to implement such permit. If necessary, the Council shall determine whether such action is acceptable and in good faith.

Thirty days prior to the automatic revocation of such permit, the Department of Community Development shall notify the holder of the permit, by registered or certified mail, that the permit will be revoked in 30 days.

(Code 1977, § 20.05(5))