The development and execution of this chapter is based upon
the division of the City of Fox Lake 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.
[Amended 3-6-2013]
Upon receipt of the application and statement referred to in §
520-27 above, the Common Council shall hold a public hearing on each application for a conditional use at such time and place as shall be established by such Council. 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 Common Council shall, by rule, prescribe from time to time.
[Amended 3-6-2013]
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 Common Council and Planning 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 100
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.
[Amended 3-6-2013]
When a decision of denial of a conditional use application is
made, the Common Council shall furnish the applicant, in writing when
so requested, those standards that are not met and enumerate reasons
the Common Council has used in determining that each standard was
not met.
[Amended 3-6-2013]
Any action of the Common Council 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
Common Council'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 Common Council
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 two-thirds vote,
in whole or in part, the action of the Common Council 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 Common Council, 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 §
520-30 above. In all cases in which conditional uses are granted, the Common Council 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:
[Amended 3-6-2013]
(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 Common Council and
Planning Commission shall evaluate each application and may request
assistance from any source which can provide technical assistance.
The Common Council and/or Planning 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.
[Amended 3-6-2013]
C. Alteration of conditional use. No alteration of a conditional use
shall be permitted unless approved by the Common Council after review
by the Planning Commission.
[Amended 3-6-2013]
D. Architectural treatment. Proposed architectural treatment will be
in general harmony with surrounding uses and the landscape. To this
end, the Common Council may require the use of certain general types
of exterior construction materials and/or architectural treatment.
[Amended 3-6-2013]
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.
[Amended 3-6-2013]
Where the Common Council 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 Common Council 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 Common Council 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.
[Amended 3-6-2013]
The Common Council 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 code. Upon written complaint by any citizen or official, the Common Council 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 §
520-30 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 §
520-29 above. Any person may appear at such hearing and testify in person or represented by an agent or attorney. The Common Council may, in order to bring the subject conditional use into compliance with the standards set forth in §
520-30 or conditions previously imposed by the Common Council, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use as provided in §
520-33. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and §
1-4 of this Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in §
520-30A(1) and
(2) will be met, the Common Council 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 Common Council shall be furnished to the current owner of the conditional use in writing stating the reasons therefor. An appeal from a decision of the Common Council under this section may be taken to the Zoning Board of Appeals.