[Amended 2-26-2018 by Ord. No. 1861-18; 8-26-2019 by Ord. No. 1888-19; 10-10-2022 by Ord. No. 1945-22]
The Plan Commission shall review all proposed conditional uses. Upon receipt of a conditional use permit application, and following publication in the City of a Class 2 notice under Ch. 985, Wis. Stats., the City Plan Commission shall hold a public hearing on the application. In granting a conditional use, the Plan Commission may prescribe conditions that it deems to be necessary to fulfill the purpose and intent of this chapter. Such conditions may include special landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, deed restrictions, highway access restrictions, increased yards, parking requirements or any condition related to the standards below. Preapplication conferences, amendments, expiration dates, and reapplications of conditional use permits shall follow the same standards as site plan reviews. The City Plan Commission must demonstrate that its decision to approve or deny the permit is supported by substantial evidence. Public testimony alone is not substantial evidence and cannot be the sole basis for the commission to deny a conditional use permit. "Substantial evidence" means evidence of such convincing power that reasonable persons would accept it in support of a conclusion. Substantial evidence does not include public comment that is based solely on personal opinion, uncorroborated hearsay, or speculation. Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued are followed, but the City Plan Commission may impose conditions, such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in this chapter. In determining its findings, the Plan Commission shall take into account:
A. Proposed operation. No conditional use shall be approved by the Plan Commission unless it finds that the use for which such permit is sought will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of this chapter and will not place demands on fire, police, or other public resources in excess of current capacity.
B. Character and use of adjoining buildings and those in the vicinity. The proposed conditional land use shall not involve uses, activities, processes, materials, or equipment that would create a substantially negative impact on other conforming properties in the area by reason of traffic, noise, smoke, fumes, glare, and odors.
C. Utilities. The proposed conditional land use will be adequately served by electric, water and sewer facilities and refuse collection and disposal services.