Investigations of, and public hearings on, conditional uses required by the regulations of this article shall be conducted by the Land Use Planning and Zoning Committee for the purpose of determining the effect of the proposed use or the location thereof on the character of the neighborhood and its suitability for development by utilizing the minimum review standards and criteria of this article. The Land Use Planning and Zoning Committee shall review requests for a conditional use permit and, after public hearing and application of the standards identified in this article, shall approve, approve with conditions or deny all such requests.

(Reserved)[1]

For all public hearings required above, general notice shall be given as the Land Use Planning and Zoning Committee shall direct, provided that special notice shall be given of any such public hearing by mail to all persons living within the boundaries of the lot or tract to be affected by any proposal for which the Land Use Planning and Zoning Committee's approval is required and to all other persons living outside of such boundaries and within 300 feet thereof.

Application with an application fee. (See Article XII of this chapter for fee structure.)

Detailed site plan, drawn to scale, identifying such items as existing and proposed buildings, building height, septic system, drainageways, watercourses, streams, lakes, lot lines, contours, areas to be filled or altered, wetlands, roads, existing and proposed parking area, and any other relevant physical features.

Detailed description of the proposed activity (operational plan).

Any additional information, as required by the Land Use Planning and Zoning Department, which may be pertinent to the proposed conditional use.

Action by the Land Use Planning and Zoning Committee: The Land Use Planning and Zoning Committee shall review a request for a conditional use permit and deny, approve, or approve with conditions the request as the Committee may deem appropriate.

Standards.

The Land Use Planning and Zoning Committee may require additional standards and conditions that may be deemed necessary for the conditional use requested to meet the standards of this article. Such additional standards and conditions may include, but not be limited to, requirements pertaining to lot coverage, lot area, setbacks, building height, off-street parking and loading, pedestrian and vehicular accessways, storage, fencing, screening, landscaping, open space, height limitations, lighting, and hours of operation.

Enumerated throughout this chapter are the uses allowed in each district by conditional use permit.

A conditional use shall lapse and become void one year after approval by the Land Use Planning and Zoning Committee unless substantial construction has been undertaken or the activity has commenced in accordance with the permit. The approved conditional use permit, unless otherwise specified in the conditions of approval, shall remain in effect as long as the authorized use continues. Prior to the reestablishment of an abandoned use, a new conditional use permit shall be obtained under the terms of this article.

No application for a conditional use permit which has been denied wholly or in part by the Land Use Planning and Zoning Committee shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof of change of conditions is found to be valid.

In the event that the Land Use Planning and Zoning Committee chooses to deny a person's conditional use permit application, the person may appeal the decision to the Board of Adjustment or to circuit court under the procedures contained in § 59.694(10) Wis. Stats.

The Land Use Planning and Zoning Committee 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 Land Use Planning and Zoning Department 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 chapter.

Complaint procedure. Upon written complaint by any citizen or official, the Land Use Planning and Zoning Committee shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either the purpose and intent of this chapter, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Land Use Planning and Zoning Committee may, in order to bring the subject conditional use into compliance with the standards set forth in this chapter or conditions previously imposed by the Land Use Planning and Zoning Committee, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in Article X. In the event that no reasonable modification of such conditional use can be made, the Land Use Planning and Zoning Committee may revoke the subject conditional approval and direct the Land Use Planning and Zoning Department and Corporation Counsel to seek the elimination of the subject use. Following any such hearing, the decision of the Land Use Planning and Zoning Committee shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor. An appeal from a decision of the Land Use Planning and Zoning Committee under this section may be taken to the Board of Adjustment.