Saint Joseph Town Saint Croix County
City Zoning Code
City Zoning Code
ARTICLE XVII
Conditional Uses
§ 170-88 Purpose.
This chapter is premised upon the division of the Town into zoning districts where the use of land and buildings and the location of buildings and structures in relation to the land for that use 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 district because it is necessary to consider the impact of the proposed use upon neighboring land or public facilities, and the public benefit of locating particular kinds of uses in specified zoning districts. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district where not otherwise permitted when due consideration is first given to location, development and operation of such uses and their compatibility with permitted uses in a particular zoning district. Such uses are classified as conditional uses. A conditional use is one which is listed as a conditional use in the Zoning Ordinance and where the Town determines that it can be allowed after review, public hearing, recommendation by the Plan Commission, specific approval by the Town Board by issuance of a conditional use permit and subject to each site and neighborhood specific conditions as are developed during that process.
§ 170-89 Authority of Plan Commission and Town Board; requirements.
A.
The Town Board may issue a conditional use permit to the owner of the property or tenant/business operator, with the owner's consent, after review, public hearing, recommendation of the Plan Commission and approval by the Town Board, when such conditional use and involved structure(s) are found to be compatible with the purpose and intent of this chapter and further found to be not incompatible, hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or the community in which the conditional use will take place. All conditional use permits shall specifically describe the listed use and specify the period of time for which the permit is effective.
B.
Any conditional use permit is issued to the property owner or the tenant/business operator with the owner's consent. The permit is not transferable. It does not "run with the land." The conditional use permit shall automatically terminate upon sale of or transfer of title of the property or change in the tenant business operator (in the event the tenant/business operator is not the property owner). The permit shall also automatically terminate upon the death of the permit holder or the business operator. All conditional use permits shall specifically describe the listed use and shall state the period of time for which the permit is effective and when it must come up for review and renewal.
C.
Compliance with all applicable provisions of this chapter and all other provisions of the Town Code of Ordinances, including but not limited to lot width and area, yards, height, parking, loading, traffic, highway access and performance standards, shall be required of all listed conditional uses.
D.
The Town's decision to approve or deny a conditional use permit application must be supported by substantial evidence.
§ 170-90 Initiation of conditional use permit application.
Any person or entity with full ownership rights, a tenant with the owner's consent, or the purchasers under a signed purchase agreement for the land at issue with the owner's consent may file a conditional use permit application.
§ 170-91 Application for conditional use permit.
A.
Conditional use permit application materials shall be prepared and submitted in conformity with current Town requirements, available in written form from the Town Clerk, describing the information required and general application deadline requirements.
B.
The application shall be accompanied by any required application fee established by the Town Board, a scaled site plan showing the location, size and shape of the lot(s) involved and of any proposed structures or planned modification(s) to existing structures, the existing structures, the existing and proposed use of each structure and lot, and include a written statement from the applicant with adequate evidence to show how the proposed conditional use shall meet and be consistent with the standards set forth in this chapter.
C.
Conditional use permit applications should address the following list but are not limited to landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulations, deed restrictions, highway access restriction, increased yard or parking requirements may be required by the Plan Commission and Town Board where appropriate or necessary to fulfill the purpose and intent of this chapter.
D.
A conditional use permit application shall not be deemed to have been validly submitted to the Town until the complete written application, signed by the applicant(s) and accompanied by all applicable required materials, has been personally delivered to the Town Clerk with sufficient copies of all application materials to be delivered to the Town Attorney, Town Engineer and owners of land entitled to notice, and until receipt of the application has been acknowledged by the Plan Commission at its next regular monthly meeting following delivery of the complete application materials. The applicant is responsible for providing all such materials in conformity with all applicable requirements as established from time to time by the Town, and at the applicant's expense.
E.
The Town Board, Town Plan Commission, the Town Attorney or Town Engineer can require such other information as may be necessary for processing an application and for the enforcement of this article, including, without limitation because of enumeration, a site plan showing contours and soil types, high-water mark and groundwater conditions, bedrock, vegetative cover, specifications for areas of proposed filing, 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 specifics of proposed operations.
§ 170-92 Site review.
Refer to procedure for site plan approval of all conditional use permits, under § 170-19.1. If applicant makes changes to original and approved site plan, applicant must come back to Town Board for review and approval of revised site plan.
§ 170-93 Notice of hearing on application.
Notice of the time, place and purpose of such a hearing shall be given by publication of a Class 2 notice in the official Town newspaper. Notice of the time, place and purpose of such public hearing shall also be sent to the applicant, Plan Commission members, and the owners of record as listed in the office of the Town Clerk/Treasurer who own property located in whole or in part within 300 feet of the boundaries of the properties affected, with notice to be mailed at least 20 days prior to the date of the public hearing. The Plan Commission shall provide its report and recommendation to the Town Board within 60 days after the public hearing, after which the Town Board shall take formal action on the permit application. If the Town Board does not receive a report and recommendation from the Plan Commission within 60 days it may hold hearings and act on the conditional use permit application without a report and recommendation from the Plan Commission.
§ 170-94 Hearing on application.
Requests for conditional use permits shall be first directed to the Plan Commission for its review and recommendation to the Town Board. After receipt of all required fees, deposits, application, and all related materials, the Plan Commission shall hold a public hearing on each application for a conditional use at a time and place set by the Commission. A record of the proceedings shall be preserved.
§ 170-95 Standards for conditional use permit.
No conditional use permit shall be recommended by the Plan Commission or approved by the Town Board unless substantial evidence supports findings that all of the following conditions are met:
A.
That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare of Town residents or the general public.
B.
That the uses, values and enjoyment of other property in the neighborhood for permitted purposes shall in no foreseeable manner be substantially impaired by the establishment, maintenance or operation of the conditional use, and that the proposed use is sufficiently compatible with the current use of adjacent land.
C.
That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.
D.
That adequate utilities, access roads, drainage and other necessary site improvements presently exist or will be undertaken and developed within a reasonable time, as determined by the Town.
E.
That adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion in the public roads within a reasonable time, as determined by the Town.
F.
That the conditional use shall conform to all applicable regulations of the district in which it is located and all applicable state and county regulations. This may include compliance with requirements affecting land in the Lower St. Croix Riverway Overlay District.
G.
That the proposed use does not violate St. Croix County shoreland or floodplain regulations governing the site.
H.
That adequate measures have been or will be taken to prevent and control water pollution, including sedimentation, erosion and runoff.
I.
Architectural treatment. Proposed architectural treatment should be in general harmony with surrounding uses and the landscape. To this end, the use of certain general types of exterior construction materials, architectural treatment or landscaping may be required.
J.
Application of standards. When applying standards for conditional uses to any proposed building construction or addition, the Plan Commission and Town Board shall also apply the statement of purpose for the zoning district in which the conditional use is being proposed so that the proposed building, addition and use proposed for the location does not conflict with or contradict the purpose and objectives of the zoning districts.
K.
Additional considerations. When considering an application for a conditional use permit, the Plan Commission and Town Board shall also evaluate the effect of the proposed use upon:
(1)
The maintenance of safe and healthful conditions on the site for which application has been made and at properties whose owners are to receive notice under this article.
(2)
Existing topographic and drainage features and vegetative cover on the site.
(3)
The location of the site with respect to floodplains and floodways of rivers and streams.
(4)
The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.
(5)
The location of the site with respect to existing or future access roads.
(6)
The need of the proposed use for a shoreland location.
(7)
The compatibility of the proposed use with uses on adjacent land.
(8)
The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems serving the site.
§ 170-96 Conditions and guarantees.
Prior to making recommendation on any conditional use permit application, the Plan Commission may consider and recommend conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as it deems necessary or appropriate to promote and protect the public health, safety and general welfare of the community, and to secure compliance with site-specific requirements and with the standards and requirements of this article. In all cases in which conditional use permits are issued, the Town Board shall require such evidence and guarantees as it deems necessary as assurance that the conditions being required will be met on a continuous basis.
§ 170-97 Validity of conditional use permit.
A.
After a conditional use permit has been approved, such permit shall become null and void after 12 months from the date of the approval unless the use is commenced, construction is underway or the current owner possesses a valid building permit before that time. 45 days prior to the automatic expiration of such permit, the Town Clerk/Treasurer shall notify the holder by certified mail of the approaching expiration date, though failure to do so shall not stay or invalidate the expiration of the permit. The Town Board may extend such permit for a period of time for justifiable cause, if application is made to the Town Board at least 30 days before the expiration of said permit.
B.
No alteration or expansion of a use permitted by conditional use permit shall be permitted unless a new conditional use permit is approved by the Town Board upon recommendation of the Plan Commission and pursuant to the procedures and standards set out in this article.
§ 170-98 Complaints regarding conditional uses.
A.
The Town Board retains continuing jurisdiction over all conditional use permits for the purpose of resolving complaints made against permit holders. This includes the power to order the removal or discontinuance of unauthorized alterations to an approved conditional use, and to order the elimination, removal or discontinuance of any violation of a condition imposed, prior to or after approval, to revoke the permit or to take action for violation of any other provision of this chapter.
B.
Upon a written complaint specifying alleged conditional use permit violations by any Town resident or Town official, the matter shall be referred to the Plan Commission for review. The Plan Commission shall review the complaint to determine whether said complaint shows to a reasonable probability that a conditional use is in violation of one or more of the standards set forth in this article, a specific condition of approval of the conditional use permit for the premises or other requirement imposed hereunder.
C.
The Plan Commission shall make findings and provide a recommendation to the Town Board. Thereafter, if the Town Board determines that the complaint process should proceed, a hearing shall be held by the Town Board upon notice in the manner set forth in § 170-93.
D.
The Town Board may, in order to bring the holder of the conditional use permit into compliance with the standards set forth in this article or conditions previously imposed by the Town Board, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. In the event that no reasonable modification of such conditional use can be made or where the Town Board has grounds to believe that continuing conditional use permit violations will not be corrected, the Town Board may revoke the conditional use permit and direct the Town Clerk/Treasurer or Town Attorney to take action to seek elimination of the use.
E.
Following any such hearing, the decision of the Town Board shall be furnished to the holder of the revoked conditional use permit in writing, stating the reasons for the Town Board's action.
§ 170-99 Review by court of record.
Pursuant to Wis. Stats., § 62.23(7)(de)5, if the Town Board denies a person's conditional use permit application, the person may appeal the decision to the Circuit Court under the procedures contained in Wis. Stats., § 62.23(7)(e)10.