(1)

The city plan commission may, after a review and public hearing, authorize the issuance of a conditional use permit for conditional uses specified for each district, provided such uses are in accordance with the purpose and intent of this chapter. Whenever a conditional use permit is requested and the required public hearing is scheduled and noticed by city as a class 2 notice, the city shall give notice, by regular mail, of the proposed conditional use to all property owners whose property lies within 300 feet measured in a straight line from the exterior boundary of the property subject to the proposed conditional use permit. Said notice shall be mailed at least ten days prior to the hearing; however failure of a neighboring property owner to receive such mailed notice shall not invalidate a public hearing. If action is delayed more than 120 days from the date of public hearing, a new public hearing shall take place. The plan commission may grant up to a 60-day extension if warranted by extenuating circumstances. In addition to the notification requirements listed above, applicant shall post signage visible to every facing street at least ten days prior to the hearing. The signage shall identify the property as being the subject of a public hearing and identify the appropriate city office that may be contacted for information.

(2)

Applications for a conditional use permit shall be submitted to the community development department on a form provided by the zoning administrator and reviewed by staff. Applications shall contain:

(a)

A full legal description and property map.

(b)

A plan showing the location, size and shape of the lot(s) involved and of any proposed structures, and the existing and proposed use of each structure and lot.

(c)

A written description of the proposed conditional use describing the type of activities, buildings, and structures involved in the use.

(d)

Written statements showing how the proposed conditional use meets the general standards for conditional uses (sub. 4) and any specific requirements for a particular use.

After review by staff, an application deemed complete shall be placed on the appropriate city plan commission agenda for review.

(3)

The city plan commission shall review, as appropriate, the proposed site and operation, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and whether the proposed project will adversely affect property values in the neighboring area.

(4)

A conditional use permit may only be issued by the plan commission upon making a finding that:

(a)

The establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.

(b)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish and impair property values within the surrounding area.

(c)

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)

Adequate utilities, access roads, drainage, and/or other necessary facilities exist or will be provided to serve the conditional use.

(e)

Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion on the public streets.

(f)

The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located.

(5)

Conditions related to landscaping, architectural design, type of construction, construction commencement and completion dates, permit duration, sureties, lighting, fencing, operational control, hours of operation, traffic circulation, deed restrictions, access restrictions, increased yards, and parking requirements may be required by the city plan commission upon its finding that such conditions are necessary to fulfill the purposes and intent of this chapter. Any conditions imposed must be reasonable, and the extent practicable, measurable. Such conditions shall be based on substantial evidence.

(6)

Conditional uses shall comply with all other provisions of this chapter such as lot width and area, yards, height, parking and loading.

(7)

Any conditional use granted by the city plan commission shall terminate unless initiated within 365 days of date of decision by the city plan commission. A conditional use shall be operational within 730 days of its approval by the plan commission. Failure to initiate the development within 365 days and/or begin operations within 730 days shall automatically constitute a revocation of the conditional use. An applicant may request that the plan commission approve an extension for justifiable reasons.

(8)

Once granted, a conditional use permit shall remain in effect as long as the conditions upon which the permit was issued and the requirements of this ordinance are followed. Unless a specific duration is included in a conditional use permit, a conditional use permit shall automatically expire if the conditional use changes to a permitted use not requiring a conditional use permit or if the conditional use is discontinued or ceases to exist for a continuous period of at least 365 days for any reason.

(9)

If an application for a conditional use permit is denied, a new application for the same conditional use will not be considered by the plan commission for a period of 12 months from the date of denial, except on grounds of new evidence as determined by the zoning administrator.

(Ord. No. 961-1195, § 3, 11-7-95; Ord. No. 1032-0100, § 2, 1-18-2000; Ord. No. 1038-0400, § 8, 4-8-2000; Ord. No. 1107-0903, § 3, 9-16-03; Ord. No. 1352-1118, § 1, 11-20-18)