The development and execution of this article is based upon
the division of the City of Brodhead into districts, within which
districts the use of land and buildings, and bulk and location of
buildings and structures in relation to the land, are mutually compatible
and substantially uniform. However, there are certain uses which,
because of their unique characteristics, cannot be properly classified
as unrestricted permitted uses in any particular district or districts,
without consideration, in each case, of the impact of those uses upon
neighboring land or public facilities and of the public need for the
particular use of a particular location. Such uses, nevertheless,
may be necessary or desirable to be allowed in a particular district,
provided that due consideration is given to location, development
and operation of such uses. Such uses are classified as conditional
uses and are those uses specifically designated as conditional uses
by the zoning district or which are classified as a conditional use
under the review procedures in this article.
Any person, firm, corporation or organization having a freehold
interest or a possessory interest entitled to exclusive possession,
or a contractual interest which may become a freehold interest, or
an exclusive possessory interest, and which is specifically enforceable
in the land for which a conditional use is sought may file an application
to use such land for one or more of the conditional uses in the zoning
district in which such land is located.
Upon receipt of the application and statement referred to in §
480-30 above, the Plan Commission shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Commission. The hearing shall be conducted and a record of the proceedings shall be preserved in such a manner and according to such procedures as the Plan Commission shall, by rule, prescribe from time to time.
Notice of the time, place and purpose of such hearing shall
be given by publication of a Class 1 notice, as prescribed by the
Wisconsin Statutes, at least 10 days prior to the public hearing in
the official City newspaper. Notice of the time, place and purpose
of such public hearing shall also be sent to the applicant, the Zoning
Administrator, members of the Plan Commission, and the owners of record
as listed in the office of the City Assessor who are owners of property
in whole or in part situated within 200 feet of the boundaries of
the properties affected, said notice to be sent at least 14 days prior
to the date of such public hearing. Failure to comply with this provision
shall not, however, invalidate any previous or subsequent action on
the application.
No application for a conditional use shall be granted by the
Plan Commission on appeal unless the following conditions are present:
A. That the establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety,
morals, comfort or general welfare.
B. That the uses, values and enjoyment of other property in the neighborhood
for purposes already permitted shall be in no foreseeable manner substantially
impaired or diminished by the establishment, maintenance or operation
of the conditional use, and the proposed use is compatible with the
use of adjacent land.
C. That the establishment of the conditional use will not impede the
normal and orderly development and improvement of the surrounding
property for uses permitted in the district.
D. That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
E. That adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
F. That the conditional use shall, except for yard requirements, conform
to all applicable regulations of the district in which it is located.
G. That the proposed use does not violate floodplain regulations governing
the site.
H. That, when applying the above standards to any new construction of
a building or an addition to an existing building, the Plan Commission
shall bear in mind the statement of purpose for the zoning district
such that the proposed building or addition at its location does not
defeat the purposes and objective of the zoning district.
I. That, in addition to passing upon a conditional use permit, the Plan
Commission shall also evaluate the effect of the proposed use upon:
(1) The maintenance of safe and healthful conditions.
(2) The prevention and control of water pollution, including sedimentation.
(3) Existing topographic and drainage features and vegetative cover on
the site.
(4) The location of the site with respect to floodplains and floodways
of rivers and streams.
(5) The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(6) The location of the site with respect to existing or future access
roads.
(7) The need of the proposed use for a shoreland location.
(8) Its compatibility with uses on adjacent land.
(9) The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems.
When a decision of denial of a conditional use application is
made, the Plan Commission shall furnish the applicant, in writing
when so requested, those standards that are not met and enumerate
reasons the Plan Commission has used in determining that each standard
was not met.
Any action of the Plan Commission in granting or denying a conditional
use permit may be appealed to the Zoning Board of Appeals, if a written
request for an appeal is filed within 10 days after the date of the
Plan Commission's action in granting or denying the permit. Such
request for appeal shall be signed by the applicant or by the owners
of at least 20% of the land area immediately adjacent extending 100
feet therefrom or by the owners of 20% or more of the land directly
opposite thereto extending 100 feet from the street frontage of such
opposite land. The request shall be filed with the Zoning Administrator,
who shall submit it to the Zoning Board of Appeals at its next meeting,
together with any documents and other data used by the Plan Commission
in reaching its decision. The Zoning Board of Appeals may consider
the matter forthwith, refer the matter to a subsequent meeting or
set a date for a public hearing thereon. In the event the Zoning Board
of Appeals elects to hold a public hearing, notice thereof shall be
given by mail to the known owners of the lands immediately adjacent
thereto and directly opposite any street frontage of the lot or parcel
in question and by publication of a Class 1 notice in the official
newspaper at least 10 days before the date of the hearing. The Zoning
Board of Appeals may either affirm or reverse by a 2/3 vote, in whole
or in part, the action of the Plan Commission and may finally grant
or deny the application for a conditional use permit.
The following provisions shall apply to all conditional uses:
A. Conditions. Prior to the granting of any conditional use, the Plan Commission, or the Zoning Board of Appeals on appeal, may stipulate such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the conditional use as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified in §
480-33 above. In all cases in which conditional uses are granted, the Plan Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with. Such conditions may include specifications for, without limitation because of specific enumeration:
(3) Construction commencement and completion dates;
(14)
Specified sewage disposal and water supply systems;
(18)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B. Site review. In reviewing each application, the Plan Commission shall
evaluate each application and may request assistance from any source
which can provide technical assistance. The Plan Commission may review
the site, existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, stormwater detention, highway
access, traffic generation and circulation, drainage, sewerage and
water systems and the proposed operation/use.
C. Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Plan Commission.
D. Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Plan Commission may require the use of certain general types
of exterior construction materials and/or architectural treatment.
E. Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where
a use is proposed to be located on areas indicated as having soils
which are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided which clearly indicate
that the soil conditions are adequate to accommodate the development
contemplated and/or that any inherent soil condition or slope problems
will be overcome by special construction techniques. Such special
construction might include, among other techniques, terracing, retaining
walls, oversized foundations and footings, drain tile, etc.
F. Conditional uses to comply with other requirements. Conditional uses
shall comply with all other provisions of this chapter such as lot
width and area, yards, height, parking and loading. No conditional
use permit shall be granted where the proposed use is deemed to be
inconsistent or conflicting with neighboring uses for reasons of smoke,
dust, odors, noise, vibration, lighting, health hazards or possibility
of accident.
Where the Plan Commission has approved or conditionally approved
an application for a conditional use, such approval shall become null
and void within 12 months of the date of the Plan Commission action
unless the use is commenced, construction is underway or the current
owner possesses a valid building permit under which construction is
commenced within six months of the date of issuance and which shall
not be renewed unless construction has commenced and is being diligently
prosecuted. Approximately 45 days prior to the automatic revocation
of such permit, the Zoning Administrator shall notify the holder by
certified mail of such revocation. The Plan Commission may extend
such permit for a period of 90 days for justifiable cause, if application
is made to the City at least 30 days before the expiration of said
permit.
The Plan Commission 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 Zoning Administrator 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. Upon written complaint by any citizen or official, the Plan Commission shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either one or more of the standards set forth in §
480-33 above, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice as provided in §
480-32 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in §
480-33 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in §
480-36. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and §
1-4. In the event that no reasonable modification of such conditional use can be made in order to assure that the standards in §
480-33A and
B will be met, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use. Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Plan Commission under this section may be taken to the Zoning Board of Appeals.