The development and execution of this article is based upon the division of the City into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which, because of their unique characteristics, cannot be properly classified as unrestricted permitted uses in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land or public facilities, and of the public need for the particular use of a particular location. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district, provided that due consideration is given to location, development and operation of such uses. Such uses are classified as conditional uses.

(Code 1991, § 13-1-60)

1. The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for either regular or limited conditional use after review and public hearing, provided that such conditional use and involved structures are found to be in accordance with the purpose and intent of this zoning code and are further found to be not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community. In the instance of the granting of a limited conditional use, the Plan Commission in its findings shall further specify the delimiting reasons or factors which resulted in issuing limited rather than regular conditional use. Such Plan Commission resolution, and the resulting conditional use permit, when, for limited conditional use, shall specify the period of time for which effective, if specified, the name of the permittee, the location and legal description of the affected premises. 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.
2. Any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within one-half mile of their existing or proposed interchange or turning lane rights-of-way shall be specifically reviewed by the highway agency that has jurisdiction over the traffic way. The Plan Commission shall request such review and await the highway agency's recommendation for a period not to exceed 20 days before taking final action.
3. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be required by the Plan Commission upon its finding that these are necessary to fulfill the purpose and intent of this article.
4. Compliance with all other provisions of this article, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(Code 1991, § 13-1-61)

Any person, firm, corporation or organization having a freehold interest or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, or an exclusive possessory interest, and which is specifically enforceable in the land for which a conditional use is sought may file an application to use such land for one or more of the conditional uses in the zoning district in which such land is located.

(Code 1991, § 13-1-62)

1. Required application materials. An application for a conditional use shall be filed in duplicate on a form prescribed by the City. Such applications shall be forwarded to the Plan Commission on receipt by the Plan Commission. Such applications shall include where applicable:
   1. A statement, in writing, by applicant and adequate evidence showing that the proposed conditional use shall conform to the standards set forth in NCC 13.08.670.
   2. Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all property owners of record within 100 feet.
   3. Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees and the zoning district within which the subject site lies.
   4. Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit and existing and proposed landscaping.
   5. Additional information as may be required by the Plan Commission or other boards, commissions or officers of the City. The Plan Commission may require such other information as may be necessary to determine and provide for an enforcement of this article, including a plan showing contours and soil types; high-water mark and groundwater conditions; bedrock, vegetative cover, specifications for areas of proposed filling, grading, and lagooning; location of buildings, parking areas, traffic access, driveways, walkways, open spaces and landscaping; plans of buildings, sewage disposal facilities, water supply systems and arrangements of operations.
2. Plans. In order to secure information upon which to base its determination, the Plan Commission may require the applicant to furnish, in addition to the information required for a building permit, the following information:
   1. A plan of the area showing contours, soil types, high-water mark, groundwater conditions, bedrock, slope and vegetation cover;
   2. Location of buildings, parking areas, traffic access, driveways, walkways, open spaces, landscaping, lighting;
   3. Plans for buildings, sewage disposal facilities, water supply systems and arrangements of operations;
   4. Specifications for areas of proposed filling, grading, lagooning or dredging;
   5. Other pertinent information necessary to determine if the proposed use meets the requirements of this article.

(Code 1991, § 13-1-63)

All requests for conditional uses shall be to the Plan Commission or the Plan Commission can, on its own motion, apply conditional uses when applications for rezoning come before it. Upon receipt of the application and statement referred to in NCC 13.08.640, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.

(Code 1991, § 13-1-64)

Notice of the time, place and purpose of such public hearing shall be sent to the applicant, the Zoning Administrator, members of the Common Council and Plan Commission, and the owners of record as listed in the office of the County land records who are owners of property in whole or in part situated within 100 feet of the boundaries of the properties affected, said notice to be sent at least seven days prior to the date of such public hearing. Failure to comply with this provision shall not, however, invalidate any previous or subsequent action on the application.

(Code 1991, § 13-1-65; Ord. No. 5-97-12, 5-20-1997)

No application for a conditional use shall be granted by the Plan Commission or granted by the Common Council on appeal unless the following conditions are present:

1. That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
2. That the uses, values and enjoyment of other property in the neighborhood for purposes already permitted shall be in no foreseeable manner substantially impaired or diminished by the establishment, maintenance or operation of the conditional use and the proposed use is compatible with the use of adjacent land.
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, drainage and other necessary site improvements 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 public streets.
6. That the conditional use shall, except for yard requirements, conform to all applicable regulations of the district in which it is located.
7. That the proposed use does not violate floodplain regulations governing the site.
8. That, when applying the above standards to any new construction of a building or an addition to an existing building, the Plan Commission and Council shall bear in mind the statement of purpose for the zoning district such that the proposed building or addition at its location does not defeat the purposes and objective of the zoning district.
9. That, in addition to passing upon a conditional use permit, the Plan Commission and Council shall also evaluate the effect of the proposed use upon:
   1. The maintenance of safe and healthful conditions.
   2. The prevention and control of water pollution including sedimentation.
   3. Existing topographic and drainage features and vegetative cover on the site.
   4. The location of the site with respect to floodplains and floodways of rivers and streams.
   5. The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
   6. The location of the site with respect to existing or future access roads.
   7. The need of the proposed use for a shoreland location.
   8. Its compatibility with uses on adjacent land.
   9. The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(Code 1991, § 13-1-66)

When a decision of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate reasons the Commission has used in determining that each standard was not met.

(Code 1991, § 13-1-67)

Any action of the Plan Commission in granting or denying a conditional use permit may be appealed to the Common Council if a written request for an appeal is filed within ten days after the date of the Plan Commission's action in granting or denying the permit. Such request for appeal shall be signed by the applicant or by the owners of at least 20 percent of the land area immediately adjacent extending 100 feet therefrom or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land. The request shall be filed with the Zoning Administrator who shall submit it to the Common Council at its next meeting, together with any documents and other data used by the Plan Commission in reaching its decision. The Common Council may consider the matter forthwith, refer the matter to a subsequent meeting or set a date for a public hearing thereon. In the event the Common Council elects to hold a public hearing, notice thereof shall be given by mail to the known owners of the lands immediately adjacent thereto and directly opposite any street frontage of the lot or parcel in question and by publication of a Class 1 notice in the official newspaper at least ten days before the date of the hearing. The Common Council may either affirm or reverse by a two-thirds vote, in whole or in part, the action of the Plan Commission and may finally grant or deny the application for a conditional use permit.

(Code 1991, § 13-1-68)

The following provisions shall apply to all conditional uses:

1. Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Common Council on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in NCC 13.08.670. In all cases in which conditional uses are granted, the Plan Commission and Common Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
   1. Landscaping;
   2. Type of construction;
   3. Construction commencement and completion dates;
   4. Sureties;
   5. Lighting;
   6. Fencing;
   7. Operational control;
   8. Hours of operation;
   9. Traffic circulation;
   10. Deed restrictions;
   11. Access restrictions;
   12. Setbacks and yards;
   13. Type of shore cover;
   14. Specified sewage disposal and water supply systems;
   15. Planting screens;
   16. Piers and docks;
   17. Increased parking; or
   18. Any other requirements necessary to fulfill the purpose and intent of this article.
2. Site review. In making its decision, the Plan Commission shall evaluate each application and may request assistance from any source which can provide technical assistance. The Commission may review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation/use.
3. Alteration of conditional use. No alteration of a conditional use shall be permitted unless approved by the Plan Commission.
4. Architectural treatment. Proposed architectural treatment will be in general harmony with surrounding uses and the landscape. To this end, the Plan Commission may require the use of certain general types of exterior construction materials and/or architectural treatment.
5. Sloped sites; unsuitable soils. Where slopes exceed six percent and/or where a use is proposed to be located on areas indicated as having soils which are unsuitable or marginal for development, on-site soil tests and/or construction plans shall be provided which clearly indicate that the soil conditions are adequate to accommodate the development contemplated and/or that any inherent soil condition or slope problems will be overcome by special construction techniques. Such special construction might include, among other techniques, terracing, retaining walls, oversized foundations and footings, drain tile, etc.
6. Conditional uses to comply with other requirements. Conditional uses shall comply with all other provisions of this article such as lot width and area, yards, height, parking and loading. No conditional use permit shall be granted where the proposed use is deemed to be inconsistent or conflicting with neighboring uses for reasons of smoke, dust, odors, noise, vibration, lighting, health hazards or possibility of accident.

(Code 1991, § 13-1-69)

Where the Plan Commission has approved or conditionally approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Commission's action unless the use is commenced, construction is underway or the current owner possesses a valid Building Permit under which construction is commenced within six months of the date of issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. Approximately 45 days prior to the automatic revocation of such permit, the Zoning Administrator shall notify the holder by certified mail of such revocation. The Plan Commission may extend such permit for a period of 90 days for justifiable cause if application is made to the City at least 30 days before the expiration of said permit.

(Code 1991, § 13-1-70)

The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in NCC 13.08.670, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in NCC 13.08.660. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in NCC 13.08.670 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in NCC 13.08.700. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and NCC 1.04.070. In the event that no reasonable modification of such conditional use can be made in order to ensure that the standards in NCC 13.08.670(a) and (b) will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this section may be taken to the Common Council. A vote to approve the appeal requires a two-thirds vote of the Common Council.

(Code 1991, § 13-1-71)

1. As conditional use. Bed and breakfast establishments shall be considered conditional uses and may be permitted in residence districts pursuant to the requirements of this article.
2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
   Agent means the person designated by the owner as the person in charge of such establishment and whose identity shall be filed in writing with the Zoning Administrator upon issuance of the permit and updated five days prior to a designated agent taking charge.
   Bed and breakfast establishment means any place of lodging that provides six or fewer rooms for rent for more than ten nights in a 12-month period, is the owner's personal residence, is occupied by the owner or agent at the time of rental and in which the only meal served to guests is breakfast.
3. Regulations.
   1. Compliance with State standards. All bed and breakfast establishments and licensees shall be subject to and comply with Wis. Admin. Code Ch. ATCP 73, relating to bed and breakfast establishments or Wis. Admin. Code Ch. ATCP 72, relating to hotels, motels and tourist roominghouses.
   2. Registry. Each bed and breakfast establishment shall provide a register and require all guests to register their true names and addresses before assigned quarters. The register shall be kept intact and available for inspection by a City representative for a period of not less than one year.
4. Permit required.
   1. City permit required. In addition to the permit required by Wis. Admin. Code Chs. ATCP 72 or ATCP 73, before opening for business every bed and breakfast establishment shall obtain a permit from the Zoning Administrator by application made upon a form furnished by said officer and shall obtain a Conditional Use permit.
   2. Application requirements. The following is required to be furnished at the time an application is filed for a conditional use permit in addition to the other application requirements of this article:
      1. Site plan showing location and size of buildings, parking areas and signs.
      2. Number, surfacing and size of parking stalls.
      3. Number, size and lighting of signs.
   3. Display of permit. The permit issued by the Zoning Administrator shall be conspicuously displayed in the bed and breakfast establishment.
5. Off-street parking required. Permits shall be issued only to those establishments that provide a minimum of one improved off-street parking space for each room offered for occupancy. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the other requirements of the zoning code with respect to traffic, parking and access.
6. On-site signs. Total signage shall be limited to a total of 12 square feet and may be lighted in such manner and nature as to not alter or deteriorate the nature of the surrounding neighborhood. Establishments otherwise qualifying under this section regulating bed and breakfast establishments shall not be subject to the requirements of this zoning code with respect to signs.
7. Termination of permit. A Bed and Breakfast Use Permit shall be void upon the sale or transfer of the property ownership. The Plan Commission shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection (c) of this section shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section, or of State regulations as set forth in Wis. Admin. Code Ch. ATCP 72 or ATCP 73, or as above provided.

(Code 1991, § 13-1-72), Updated October 2023

State law reference—Authority of city to regulate zoning, Wis. Stats. § 62.23.