A. 
Conditional uses. Within each district certain uses which are deemed mutually compatible are permitted. In addition to such uses, it is recognized that there are other uses which may be desirable within a given district, but because of their influence upon neighboring uses, public facilities or the environment, these uses need to be carefully evaluated and regulated with respect to their location and operation. Such uses are classified as conditional uses and are governed by this article.
B. 
Conditional use permitting process. The conditional use permitting process should inform public decisionmakers and private individuals on the environmental and economic effects of actions that have been proposed, increase the exchange of information among interested parties, lead to environmentally and economically sound projects, and be used as a planning tool for aspects of decisionmaking.
The committee shall approve or deny a conditional use permit in accordance with the substantive and procedural rules set forth in this article prior to the establishment and maintenance of a conditional use of the types cited in the previously described zoning districts and overlays as well as the following:
A. 
Any subdivision consisting of 10 lots or more.
B. 
Any resort, condominium, planned unit development, motel, hotel, or high-density multiunit dwelling.
C. 
Any mobile home park, campground, or camping resort.
D. 
Any other use not identified in the zoning districts. Refer to § 625-17 (Determination of uses not listed).
The applicant and the Zoning Administrator or designee shall hold an informal initial project meeting to discuss the suitability of the project.
If an impact evaluation is deemed appropriate during the initial project meeting identified in § 625-194, the applicant shall work with the Department to supply the following information:
A. 
Introductory information.
(1) 
Name and address of applicant, leaseholder of the site, architect, professional engineer and contractor.
(2) 
Legal description of the property.
(3) 
Current zoning district.
B. 
Nature of the site and surrounding area.
(1) 
Characteristics of the local and regional topography and geology, especially those factors pertinent to the proposed development.
(2) 
Description of the soil types of the area to be developed, including a soils map from the Natural Resources Conservation Service.
(3) 
The results of percolation tests and core samples and list of all foreseen limitations for streets and roads, dwellings, and foundations.
(4) 
Description of water resources in the region, including pertinent information on lakes (i.e., size, shape, location, and important chemical-physical data if requested), streams and groundwater.
(5) 
Characteristics of the existing vegetation of the area to be developed, showing the distribution of the vegetation types on an attached map.
(6) 
Summarization of present land use patterns, indicating both the nature and the extent of land use in the proposed site and in the surrounding area.
C. 
Proposed development and planned alterations.
(1) 
Site plan, drawn to scale, showing boundaries, parcel and building dimensions, driveways, access roads, easements, parking areas, off-street loading areas and sidewalks, etc.
(2) 
Detailed descriptions of all proposed land alterations, including:
(a) 
A large-scale topographic map (contour interval of 10 feet or less, preferably two feet) of those proposed alterations.
(b) 
Vegetation.
[1] 
Description of proposed alterations of the existing vegetation, including any provisions being made to preserve or supplement existing vegetation.
[2] 
Landscape and screening plans.
(c) 
Erosion and stormwater control plans, which must be based upon the Wisconsin Construction Site Best Management Practice Handbook.
(d) 
When applicable, the provisions set forth in Article XX (Shoreland Overlay District) and Article XXI (Floodplain Overlay District).
(3) 
Drainage plans, including engineering plans for hookup to storm sewers, if available.
(4) 
Description of proposed water system.
(a) 
Type and location of water system.
[1] 
Central water system.
[2] 
Individual wells.
(b) 
Estimated water demands.
(5) 
Description of proposed sanitary sewer system.
(a) 
Type and location of wastewater treatment system.
[1] 
Central treatment system.
[2] 
Individual septic systems.
(b) 
Volume of sewage to be generated.
(6) 
Description of solid waste disposal.
(a) 
Operational plan for solid waste disposal.
(b) 
Volume of solid waste to be generated.
D. 
Environmental impact analysis.
(1) 
List of species of plants, fish and other aquatic life, fowl, or land animals common to the area and their required habitats, including measures that will be taken to preserve these habitat areas.
(2) 
List of endangered or threatened species of plants, fish and other aquatic life, fowl, or land animals known to be within a one-thousand-foot radius of the proposed site.
(3) 
Direction of surplus runoff water from the property.
(4) 
List of any irreversible or irretrievable commitments of resources that would be involved.
(5) 
Where applicable, assessment of a site with frontage on navigable water.
(a) 
Allowances for natural erosion processes.
(b) 
Provisions to retard shoreline or bank erosion.
(c) 
Provisions to avoid enrichment of the water bodies due to nonpoint source pollution (i.e., runoff).
(d) 
Provisions set forth in Article XX (Shoreland Overlay District) and Article XXI (Floodplain Overlay District).
E. 
Social-economic impact.
(1) 
Population.
(a) 
Estimated maximum anticipated population of the development.
(b) 
Estimated total user days per year.
(2) 
Economic benefits. Assessment of the expected economic benefits the community will receive, such as:
(a) 
Nature of use.
(b) 
Number of employees.
(c) 
List of products manufactured or sold.
(d) 
Inputs to the construction trade.
(e) 
Anticipated tax revenue.
(f) 
Increased retail sales.
(3) 
Services. Assessment of the costs and consequences of servicing the proposed development.
(a) 
Total length of proposed roads.
(b) 
Estimated annual cost of snowplowing.
(c) 
Estimated traffic generation.
(d) 
Estimated annual cost for schools and/or busing.
(e) 
Distance from the nearest hospital, responsible fire department, and full-time police headquarters.
(f) 
Assessment of potential pressure placed on public recreational facilities and any provisions for reducing such pressure within the development itself.
(4) 
Assessment of effects resulting from changing of present land use patterns.
F. 
Alternatives to proposed action. Possible alternatives to potentially problem-causing aspects of the project should be discussed. The feasibility of the alternatives should also be brought out.
A. 
Upon receiving the conditional use permit application from the applicant, the Department shall have at least 30 days, but no more than 60 days, to conduct a review and generate comments. The Department shall identify the comments, proposed conditions, and recommendations to the applicant at least 10 days prior to the committee meeting.
B. 
The Department may request review of a conditional use permit by other programs, departments, or agencies within the thirty-day review period.
C. 
The Department shall refer the application for a conditional use permit to the committee for recommendation to the Legislature. The committee shall hold at least one committee hearing on the proposed conditional use permit. Public notice of the hearing shall be given in accordance with the bylaws of the Community Development Committee and published in the appropriate local newspaper (i.e., Menominee Tribal News). In addition, the following interested parties shall be notified in writing by the applicant at the same time as the public notices are posted:
[Amended 9-15-2022 by Ord. No. 22-41]
(1) 
All property owners and leaseholders within 800 feet of the property.
(2) 
Incorporated lake districts in which the proposed conditional use is located.
(3) 
The Director of the Environmental Services Department.
D. 
Copies of the aforementioned written notices shall be submitted to the Department as a part of the application.
E. 
Failure of Subsection C(1) through (3) to receive the notice or attend the hearing shall not invalidate the proceedings.
Within 45 days of the committee hearing, the committee shall act upon the application for a conditional use permit. The committee act on the application by:
A. 
Approval of the issuance of a conditional use permit as presented by the applicant, provided that the standards of § 625-198 are met;
B. 
Approval of the issuance of a conditional use permit with the conditions as deemed necessary by the committee; or
C. 
Denial of the conditional use permit. In the case of denial, the reasons therefor shall be stated in the minutes of the meeting and the applicant shall be notified in writing. The applicant may appeal according to § 625-249B (Appeals).
Standards for conditional use permit approval are:
A. 
The proposed use is in conformance with the purpose of the zoning district in which it is located or any permitted accessory or conditional uses.
[Amended 9-15-2022 by Ord. No. 22-41]
B. 
The use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted.
C. 
Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.
D. 
Adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use.
E. 
Adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise, and vibration so that none of these will constitute a nuisance and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result.
F. 
Soil conditions are adequate to accommodate the proposed use.
G. 
Proper facilities and access points are provided which would eliminate any traffic congestion or hazard which may result from the proposed use.
A. 
The committee, in order to achieve the standards of § 625-198, may attach certain conditions to the permit. These conditions include, but are not limited to, changes in building design, lot or building setback lines in excess of district regulations, landscaping, screening, hours of operation, number of employees, sign and lighting limitations, increased parking and sedimentation and erosion control measures.
B. 
Any time after the issuance of a conditional use permit, the Department may re-review the conditional use permit and recommend additional or enhanced conditions to the committee if, in the opinion of the Department, member of the committee or Tribal Legislature, or a tribal community member, the conditions placed on the site were insufficient. The committee shall hold a committee hearing on the reevaluation of the permit. Such a committee hearing shall be held in accordance with §§ 625-196 through 625-198. Upon finding that the conditions of the permit were insufficient, the committee may enhance, modify, or leave the permit unchanged.
A conditional use permit shall lapse and become void one year after approval of the committee unless a certificate of occupancy or a building permit has been issued.
If, in the opinion of the Department or a member of the committee or Tribal Legislature, the terms of a conditional use permit have been violated or the use is substantially detrimental to persons or property in the neighborhood, the committee shall hold a committee hearing on the revocation of the permit. Such a committee hearing shall be held in accordance with §§ 625-196 through 625-198. Upon finding that the terms of the permit have been violated, the committee may revoke, modify or leave the permit unchanged.
A. 
Unless otherwise specified in the permit, a conditional use permit issued under this article shall remain in effect as long as the authorized use continues. Any use which is discontinued for 12 consecutive months shall be deemed to be abandoned. Prior to the reestablishment of an abandoned use, a new conditional use permit shall be obtained under the terms of this article.
B. 
Any major alterations of a site plan or established conditions of an approved conditional use permit shall require the approval of the committee. However, minor alterations can be approved by the Department with notification sent to the committee.