The following are the required procedures for the application for and approval of conditional uses:

(1)

The Plan Commission may authorize the Zoning Administrator to issue a conditional use permit for conditional uses specified in this Ordinance after review and a public hearing provided such uses are in accordance with the purpose and intent of this Ordinance. Conditional uses shall be granted by the Plan Commission if it finds that the proposed use is not detrimental to adjacent land because it is an inappropriate use, would create traffic hazards, would hinder future development in the area, would create undesirable levels of noise and light in the immediate area, and would cause property values to measurably decline.

(2)

Application for conditional use permits shall be submitted to the Zoning Administrator. A fee as established annually by the Common Council on the Fee Schedule shall be paid at the time of submittal. Such forms shall be provided by the Zoning Administrator and shall be accompanied by a plan showing the location, size and shape of the land involved and of any proposed structures, and the existing and proposed use of each structure and lot.

(3)

The Plan Commission or its representatives shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems, and the proposed operation.

(4)

Conditions related to landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, hours of operation, traffic circulation, deed restrictions, access restrictions, increased yards, and parking requirements, may be required by the Plan Commission upon its finding that such conditions are necessary to fulfill the purpose and intent of this Ordinance. If an operating element of a business can be shown to affect the health, safety, or welfare of inhabitants of neighboring properties, the Plan Commission may exert such operational controls as may be necessary.

(5)

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

(6)

A Conditional Use Permit shall be required for any filing or grading of an area which is within 300 feet horizontal distance of a navigable water and which has surface drainage toward the water and on which there is:

(a)

Filling of more than 500 square feet of any wetland which is contiguous to the water. For purposes of this Section a wetland shall be defined as any area where ground water is at or near the surface a substantial part of the year.

(b)

Filling or grading on slopes of 20% or more.

(c)

Filling or grading of more than 1,000 square feet on slopes of 12—20%.

(d)

Filling or grading of more than 2,000 square feet on slopes of 12% or less.

(e)

A Conditional Use Permit shall be required before constructing, dredging, or commencing work on any artificial waterway, canal, ditch, lagoon, pond, lake, or similar waterway, which is within 300 feet of the high water mark of a navigable body of water or where the purpose is ultimate connection with a navigable body of water. This requirement does not apply to soil conservation practices such as terraces, runoff diversions and grassed waterways which are used for sediment retardation. In addition a permit shall be obtained from the Department of Natural Resources or any other state agency having jurisdiction under the provisions of §30.19, Wis. Stats. The City Plan Commission shall evaluate each application and may request expert assistance from state and federal agencies.

(f)

In addition, a permit shall be obtained from the Department of Natural Resources where more than 10,000 square feet of the bank of a navigable body of water is exposed by grading as provided in §30.19, Wis. Stats. Paragraphs (1)—(4) do not apply to soil conservation practices such as terraces, run-off diversions and grassed waterways which are used for sediment retardation.

(g)

Filing, grading, lagooning or dredging which would result in substantial detriment to navigable waters by reason of erosion, sedimentation or impairment of fish and aquatic life shall be prohibited.

(Ord. No. 23-09, § 8, 11-28-2023)