1. AUTHORITY. The Plan Commission shall hear and decide applications for conditional uses or special exceptions to the terms of this chapter and may authorize the Building Inspector to issue a conditional use permit after its review and determination. The Plan Commission is designated the “City Zoning Board” for purposes of Wis.Stats. §62.23(7)(de).
2. APPLICATIONS FOR PERMITS. An application form for a conditional use permit shall be provided by the Community Development Department. Applications shall be made and filed with the Community Development Planning Department and shall include the following information for review by the Plan Commission:
   1. Name and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.
   2. Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; a parking plan and the zoning district within which the subject site is located.
   3. For flood land conditional use permits, the description shall also include information that is necessary for the Commission to determine whether the proposed development will impair flood flows, flood storage capacity, or cause danger to human or animal life. This additional information may include plans, certified by a registered professional engineer, registered architect, or land surveyor, showing elevations or contours of the ground; fill or storage elevations; first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.
   4. Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations to City of Waukesha datum, uses, and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off street parking, loading areas and drive-ways; existing highway access restrictions; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures, the highwater mark of bodies of water, the boundaries of wetlands, and the location of the 100-year recurrence interval floodplain on or within forty (40) feet of the subject site.
   5. Additional information as may be required by the Plan Commission, Engineer, Building Inspector, or Plumbing Inspector for the purpose of assisting the Commission in its review of the application.
3. PUBLICATION AND PUBLIC HEARING.
   1. Upon receipt of an application for a conditional use permit and payment of the required fee, a notice of public hearing on the application shall be published as a Class 2 notice pursuant to Wis. Stats., Chapter 985.
   2. Prior to the public hearing the Plan Commission shall notify all property owners within three hundred (300) feet of the property which is the subject of the application for a conditional use permit.
   3. A public hearing shall be held before the Plan Commission prior to its decision approve or deny an application for conditional use permit.
4. NOTICE TO DNR. The Plan Commission shall transmit a copy of each application for a conservancy conditional use permit in the C-1 Conservancy District, and a copy of each application for a flood land conditional use permit, to the DNR at least ten (10) days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland conservancy conditional use decisions and all flood land conditional use decisions shall be transmitted to the DNR within ten (10) days following the decision.
5. REVIEW OF A CONDITIONAL USE PERMIT APPLICATION. The Plan Commission shall consider all factors relevant to the issuance of the conditional use including but not limited to the following:
   1. The purpose, intent and specific conditions set forth in the particular zoning district in which the property is located and which authorizes the conditional use;
   2. The requirements of any other pertinent city ordinance, such as lot width and area, yards, height, parking, loading, traffic and highway access.
   3. Reasonable conditions necessary to protect adjacent properties, uses and structures and to protect the health, safety and welfare of the public. Conditions may address the following:
      1. Landscaping; existing topography, drainage and vegetative cover; planting screens.
      2. Architectural design;
      3. Type of Construction;
      4. Lighting;
      5. Fencing;
      6. Operation control;
      7. Hours of Operation;
      8. Road access restrictions;
      9. Parking requirements; adequacy of existing and proposed parking areas and driveway locations.
      10. Traffic Movement and Control; existing and proposed traffic generation and circulation.
      11. Impact on water, sanitation, and utilities; adequacy of existing and proposed public services.
      12. Police and Fire Protection.
      13. Other reasonable conditions required by the specific proposed use.
      14. Any harmful, offensive or otherwise adverse impacts on the environment.
      15. Duration of the permit if granted.
      16. Transfer of the permit if granted
      17. Renewal of the permit if granted.
      18. Compatibility of the use with other uses on adjacent properties.
      19. Flood proofing.
6. DETERMINATION.
   1. The Plan Commission may issue a conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application. The decision must be supported by substantial evidence.
   2. All conditions imposed by the Plan Commission must be related to the purpose of the ordinance and shall be based on substantial evidence
   3. The Plan Commission shall grant a conditional use permit if the applicant meets or agrees to meet the requirements and conditions established by the City.
   4. “Substantial evidence” means facts and information directly pertaining to the requirements and conditions imposed such that a reasonable person would accept them in support of a conclusion. Personal preferences or speculation are not substantial evidence.
   5. The applicant must demonstrate by substantial evidence that the application and all requirements and conditions established by the city are or shall be satisfied.
7. AMENDMENTS. All proposed changes, revisions or additions to the terms or conditions of an existing conditional use permit shall be submitted to the Plan Commission in accordance with the provisions of 22.63(2) and (3).
8. REVOCATION OF CONDITIONAL USE PERMIT. Should a permit applicant, or the applicant's heirs or assigns, fail to comply with the conditions of the conditional use permit issued by the Plan Commission or should the use, or characteristics of the use be changed without prior approval by the Plan Commission, the Conditional Use Permit may be revoked. The process for revoking a permit shall follow the same procedures as those required for granting a conditional use permit as set forth in this Section.
9. APPEAL. If the Plan Commission denies an application for a conditional use permit, the applicant may appeal the decision to the Circuit Court under the procedures contained in Wis. Stats. §62.23(7)(e)(10).

(Rep. & recr. #66-01) (Repealed & replaced #2020-14)