(a)

Application and hearing.

(1)

Any conditional uses listed in this chapter shall be permitted only when authorized by the zoning committee. Applications for a conditional use permit shall be made to the planning and zoning administrator who shall refer it to the committee.

(2)

A public hearing on applications shall be held 30 days or more after the clerk of the municipality within which the proposed conditional use is located has been notified by registered mail of the date, time and place of the hearing. The zoning committee shall conduct the public hearing within 60 days of the application. The municipal governing body or its representative shall be allowed to make a statement at the hearing. There shall be a published class 2 notice as provided in Wis. Stats. ch. 985.

(b)

Review and approval. The committee shall 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.

(c)

Vote. The zoning committee shall, after the public hearing, vote on the passage of such conditional use. If the conditional use is approved, the planning and zoning administrator shall, within seven days after approval, send a copy of the approved conditional use by registered mail to the town clerk in which lands affected by such use are located. The town board may veto or approve such conditional use within 21 days from the date of original approval by the zoning committee. If no action is taken within 21 days, the conditional use is approved.

(d)

Necessary conditions. 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 committee upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(e)

Compliance. Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, highway access and performance standards shall be required of all conditional uses.

(f)

Conditional use permits are transferrable to subsequent owners when property is sold unless otherwise prohibited by specific condition added to the permit. The conditional use permit shall be transferred upon the new owners signing a transfer form which acknowledges the original permit remains in effect.

(g)

A conditional use permit holder may apply for a replacement conditional use permit. The replacement process shall follow section 47-584. If the replacement conditional use permit is granted the original conditional use permit shall be surrendered. If the replacement conditional use permit is denied by the zoning committee or vetoed by the town board the original conditional use permit or permits shall remain in effect.

(h)

A conditional use permit shall expire three years from the issue date if the use has not begun.

(i)

Pending violations or arrears. A conditional use permit may not be issued for any property upon which there are:

(1)

Pending violations of chapters 35, 41, 47, 50 or 53 of the Monroe County Code; or

(2)

Delinquent real estate taxes for the property as determined by the Monroe County Treasurer.

(Code 1986, § 17.30; Ord. No. 86-11; Ord. No. 6-98-11; Res. No. 11-15-02, 4-19-2016; Res. No. 08-16-13, 8-24-2016; Res. No. 03-22-02, 3-23-2022)

Any permitted conditional use which does not continue in conformity with the conditions of the permit shall be considered in violation of this chapter and may be revoked. If revoked a new conditional use permit shall be obtained prior to the use resuming.

(Res. No. 08-16-13, 8-24-2016)

The abatement process for a conditional use permit is in addition to other penalties allowed in this chapter.

(1)

Issuance of order. If the zoning department administrator, after investigation, has reasonable grounds to believe that a violation of a condition on a conditional use permit is occurring or has occurred, the zoning administrator may issue and serve an order of abatement directed to the conditional use permit holder. Service shall be by U.S. Post Office mail sent to the address listed for the real estate property taxes for the subject property of the permit.

(2)

Content of order. An abatement order issued as set out above shall contain all of the following: The name and address of the conditional use permit holder; identification of the real property subject to the conditional use permit; the condition alleged to be violated; a brief description of the violation; a prohibition on further violations; a description of measures necessary to correct the alleged violation.

(3)

Process. Along with the above content, the order for abatement shall inform the conditional use permit holder that the order of abatement may be appealed to the zoning committee. The request for appeal must be within the ten-day period following service of the order, by filing the request with corporation counsel office. The hearing shall be informal in nature. The zoning committee shall either confirm the order of abatement or cancel the order of abatement.

(Res. No. 08-16-13, 8-24-2016)

If the zoning department administrator, after investigation, has reasonable grounds to believe that a second violation of a condition on a conditional use permit is occurring or has occurred within one year of a first violation, the zoning administrator may issue and serve an order of revocation directed to the conditional use permit holder. Service shall be by US. Post Office mail sent to the address listed for the real estate property taxes for the subject property of the permit.

(1)

Content of order. An order of revocation issued as set out above shall contain all of the following: The name and address of the conditional use permit holder; identification of the real property subject to the conditional use permit; the date and basis for the finding of the first violation; the condition alleged to be violated; a brief description of the violation.

(2)

Process. Along with the above content, the order for revocation shall inform the conditional use permit holder that the order of revocation may be appealed to the zoning committee. The request for appeal must be within the ten-day period following service of the order, by filing the request with corporation counsel office. The hearing shall be informal in nature. The zoning committee shall either confirm the order of revocation or cancel the order of revocation.

(Res. No. 08-16-13, 8-24-2016)