The Land Use Planning and Zoning Committee is hereby declared to be the agent of the County Board in all matters pertaining to County zoning, except for such powers as are specifically reserved to the County Board or the Board of Adjustment by the laws of the State of Wisconsin or by this chapter. See Article
VIII, Board of Adjustment.
[Amended 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019]
A. 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.
C. 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.
[Amended 3-19-2019 by Ord. No. 2-2019]
Application for a conditional use permit shall be made to the
Land Use Planning and Zoning Department, on forms provided by the
Department and shall be accompanied by the following:
A. Application with an application fee. (See Article
XII of this chapter for fee structure.)
B. 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.
C. Detailed description of the proposed activity (operational
plan).
D. Any additional information, as required by the Land Use Planning
and Zoning Department, which may be pertinent to the proposed conditional
use.
[Amended 11-14-2017 by Ord. No. 22-2017]
A. 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.
B. 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.
[Amended 8-18-2020 by Ord. No. 9-2020]
[Amended 11-14-2017 by Ord. No. 22-2017]
The County Land Use Planning and Zoning Committee may require
the Land Use Planning and Zoning Department to issue a conditional
use permit after review and public hearing, provided that such conditional
uses and structures are in accordance with the purpose and intent
of this chapter.
Compliance with all other provisions of this chapter, such as lot width, area, year, height and setbacks, shall be required of all conditional uses. Variances shall only be granted by the Board of Adjustment in §
350-63B(3).