[CC 1996 § 25-283; Ord. No. 891 § 25-801]
The division of the City into zoning districts is based on the principle that similar conditions prevail throughout a particular district. Some uses of land are not appropriate as a "permitted use" in certain districts and are designated as special uses in Table 4-1. These uses may be approved at a particular location through the receipt of a special use permit because they have a unique, special or unusual impact upon the use or enjoyment of neighboring property. In addition, the Governing Body finds that certain of these special uses shall be allowed only upon satisfaction of specific regulations, in addition to the receipt of a special use permit.
[CC 1996 § 25-284; Ord. No. 891 § 25-802]
A. 
A landowner shall obtain a special use permit prior to the issuance of a building permit for any use:
1. 
Listed as a special use in Table 4-1;
2. 
Not listed as a permitted or special use in Table 4-1; and
3. 
Otherwise requiring a special use permit by this Chapter.
[CC 1996 § 25-285; Ord. No. 891 § 25-803]
A. 
An application for a special use permit shall be on a form provided by the City. Except as may be omitted upon written consent of the Zoning Officer, the following items shall be submitted in support of an application for a special use permit:
1. 
All general application requirements contained in Section 400.270;
2. 
A comprehensive narrative description of the use sought;
3. 
The location, dimensions and character of all present and proposed buildings, structures and uses;
4. 
The location of adjacent pedestrian and vehicular traffic circulation;
5. 
The location of off-street parking and off-street loading;
6. 
Type of proposed surfacing material for access ways and parking;
7. 
Plan for pedestrian and vehicular traffic within the subject area with consideration given to vehicle access to each the established street systems serving the subject area, and to emergency vehicle access to each building;
8. 
Location of public or private utilities proposed to serve the subject area;
9. 
Proposed finished grade of the site;
10. 
Development schedule providing reasonable guarantees for the completion of the proposed development or other construction according to the development schedule;
11. 
Any land areas within the one-hundred-year flood plain;
12. 
Drainage patterns;
13. 
Any existing easements;
14. 
Preliminary stormwater management plans showing existing, and proposed facilities;
15. 
A statement regarding the requested length of term of the use after the date of issuance of the permit, if applicable;
16. 
A statement regarding any special conditions governing the operation of the proposed use, site development and other pertinent descriptive factors; and
17. 
Elevation drawings of the proposed special use in sufficient detail to determine compliance with the zoning district regulations in which the special use is to be located.
[CC 1996 § 25-286; Ord. No. 891 § 25-804]
A. 
Procedures.
1. 
Advisory Report. After a pre-application conference in satisfaction of Section 400.260, and after a complete special use permit application has been filed in compliance with Section 400.300, the Zoning Officer shall prepare an advisory report. The report shall include advice as to whether, in the opinion of the Zoning Officer, the proposed development complies with the criteria for special use permit applications as set forth in this Article. The report shall also include the Zoning Officer's recommendations on the entire proposed development or particular elements of the proposal, including suggested conditions upon which the special use permit may be issued. The Zoning Officer may request of the applicant such reasonable additional information as the Zoning Officer or Commission deems necessary for adequate review. The Zoning Officer shall furnish the advisory report to the Commission at its next regular meeting unless the Commission extend the time within which the report is to be provided.
2. 
Commission. The Commission shall hold a public hearing to consider the application pursuant to Section 400.410, with publication notice as required by Section 400.380. Following the hearing the Commission shall render a recommendation on the application. The Commission may:
a. 
Recommend approval of the application, with our without conditions;
b. 
Recommend denial of the application; or
c. 
Refer the application back to the applicant for modification, or back to the Zoning Officer for additional review if deemed necessary by the Commission.
3. 
Governing Body. The recommendation of the Commission shall be forwarded to the Governing Body, and the Governing Body shall hold a public hearing to consider the application pursuant to Section 400.410, with publication notice as required by Sections 400.380. The Governing Body may approve, approve with conditions, or deny the application.
4. 
Recording Permit. If the application is granted by either the Commission or Governing Body, a copy of the special use permit shall be placed on file with the City, clearly noting all conditions of approval and the date approved for the issuance of a permit.
5. 
Denial. If the application is denied, the applicant shall not again apply for a special use permit for substantially the same proposal unless there has occurred a change of circumstances and the Commission consents to resubmission of substantially the same proposal. Otherwise, substantially the same proposal shall be submitted no earlier than one (1) year after the date of denial. If the application is referred back to the applicant for modification, the applicant may resubmit the application in accordance with the directions of the Commission, if any, in time for the next regular meeting of the Commission.
B. 
Criteria For Considering Applications. In considering any special use application, the Commission and the Governing Body may give consideration to the criteria stated below, to the extent they are pertinent to the particular application. The Commission and Governing Body also may consider other factors that may be relevant to a particular application.
1. 
Satisfaction of the conditions and requirements applicable to the requested special use, as set forth in Division 2 of this Chapter;
2. 
The existing uses and zoning of nearby property;
3. 
The extent to which property values are diminished by the proposed use;
4. 
The relative gain to the public as compared to the hardship imposed on the individual property owner;
5. 
The suitability of the property for the proposed use;
6. 
The public need for the proposed use;
7. 
The extent to which the proposed use will adversely affect the capacity or safety of that portion of the street network impacted by the use, or present parking, problems in the vicinity of the property;
8. 
The extent to which the proposed use will create excessive stormwater runoff, air pollution, water pollution, noise pollution or other environmental harm;
9. 
The extent to which public facilities and services, are available and adequate to meet the demand for facilities and services generated by the proposed use;
10. 
The conformance of the proposed use to the Comprehensive Plan and other adopted planning policies;
11. 
The recommendation of professional staff.
[CC 1996 § 25-287; Ord. No. 891 § 25-805]
Every decision rendered by the Governing Body on a special use application shall be accompanied by findings of fact and shall refer to any exhibits containing plans and specifications for the proposed use, and shall remain a part of the permanent records of the Commission. The findings of fact shall specify the reasons for granting or denying the special use. The Governing Body shall pass an ordinance for all special use permit applications that are approved.
[CC 1996 § 25-288; Ord. No. 891 § 25-806]
A. 
The mere issuance of a special use permit gives no vested rights to the permit holder.
B. 
A right to continue a specially permitted use shall vest only if the project is constructed and the use is commenced, or the applicant has made substantial expenditures in reliance on the permit. The term of the right granted by this Subsection shall only last for the term of the permit, as governed by Section 400.1240.
C. 
The right to continue the special use that was permitted prior to the effective date of this Chapter shall last only as long as specified by the special use permit.
D. 
As of the effective date of this Chapter, existing permits shall be subject to the provisions for transferability as expressed in this Chapter.
E. 
Uses that are allowed without a special use permit prior to the effective date of this Chapter, but are designated as special uses in this Chapter, shall be allowed to continue as non-conforming uses if the requirements of Article X are satisfied.
[CC 1996 § 25-289; Ord. No. 891 § 25-807]
A. 
Transferability.
1. 
A special use permit may be conveyed with the land only if a right to continue the use has vested under the terms of this Article. The transfer of a permit in which no right has vested shall be invalid. Nothing in this Article shall be construed to alter the expiration date of permits or the authority of the Governing Body to revoke a permit.
2. 
A permit cannot be assigned or transferred to a different parcel of land.
3. 
Every entity attempting to convey a special use permit shall give notice in writing to the Zoning Officer within seventy-two (72) hours after having sold, transferred, given away or otherwise disposed of an interest in land for which a special use permit has been issued. This notice shall include the name and address of the successor in interest. Receipt of the notice shall not constitute acceptance of an invalid transfer.
B. 
Lapse. A special use permit in which no vested right has been established shall lapse and become void unless the applicant applies for a building permit incident to the proposed use within one (1) year after the date of approval by the Governing Body. Upon the written request of the property owner and for good cause shown, the Zoning Officer may grant one extension of not more than one (1) year. An application for extension will be considered only if it is submitted in writing prior to the expiration of the initial period.
C. 
Expiration. A special use permit shall be valid for either a limited period of time to be specified in the terms of the permit or permanently if so specified in the terms of the permit. A special use permit that does not contain a duration in the terms of the permit shall be valid for five (5) years. A permit may be renewed upon application, subject to the same procedures, standards, criteria for consideration and conditions as an original application.
D. 
Revocation.
1. 
Any special use permit granted under the authority of this Section is subject to revocation for any or all of the following reasons:
a. 
Non-compliance with any applicable requirement as set forth in this Article;
b. 
Non-compliance with any special conditions imposed at the time of approval or renewal of the special use permit;
c. 
Violation of any provisions of the Cuba City Code pertaining to the use of the land, construction or uses of buildings or structures or activities conducted on the premises for which the permit has been issued by the permit holder, agents of the permit holder, or tenants;
d. 
Violation of any other applicable provisions of the Cuba City Code or any State or Federal law or regulation by the permit holder, agents of the permit holder, or tenants, provided that such violations relate to the conduct or activity authorized by the special use permit or the qualifications of such persons to engage in the permitted use;
e. 
Attempted transfer of a permit in violation of this Article; or
f. 
Revocation is necessary to preserve the public health, safety, and welfare.
2. 
Procedure For Revocation.
a. 
Revocation proceedings may be initiated by the Governing Body.
b. 
Unless the permit holder and the landowner agree in writing that the permit may be revoked, the Governing Body shall hold a public hearing in compliance with Section 400.410 to consider the revocation of the special use permit.
c. 
The City shall give the permit holder and landowner notice of the scheduled revocation hearing at least thirty (30) days prior to the date scheduled for the hearing by certified mail, return receipt requested. If this notice cannot be delivered or is not accepted, notice may be given by publishing a notice of hearing in a newspaper of general circulation in the City or by posting a notice of hearing on the property at least fifteen (15) days prior to the date scheduled for the hearing.
d. 
No special use permit shall be revoked unless a majority of the Governing Body is satisfied by a preponderance of the evidence that grounds for revocation exist. Any motion for the revocation of a special use permit shall clearly state the grounds for revocation.
[CC 1996 Art. VIII, Div. 2]
In addition to other conditions as may be applied to special use permit applications special uses as set forth in this Division shall be subject to the following specified minimum conditions which shall be deemed a part a condition of the permit whether or not expressly stated therein.
[CC 1996 § 25-296; Ord. No. 891 § 25-810]
A. 
For all freestanding automotive garages or lots that are the principal use of property, the following standards shall apply.
1. 
A traffic study shall be required for all automotive parking garages or lots. The person preparing the report must be a certified engineer qualified to do traffic analyses. The cost of the study shall be borne by the applicant. The conditional use shall not be granted unless all traffic concerns are adequately addressed to promote safety and reasonable traffic flow.
2. 
The applicant shall specify the average number of vehicles to be maintained in the garage or lot. The applicant shall supply a parking site plan, and shall provide sufficient information to describe internal and external traffic flow patterns.
3. 
An automotive garage or parking lot as the primary use of property shall be subject to the conditions and restrictions governing "outdoor display" in Article VII.
[CC 1996 § 25-297; Ord. No. 891 § 25-814]
A. 
A bed-and-breakfast establishment, located in an R-1 or R-2 District shall be subject to the following conditions and restrictions:
1. 
Appearance. If located in an existing residence, the exterior residential appearance of the dwelling unit shall not be changed. If an addition is to be made to an existing residence or a new structure is to be constructed building elevations shall be submitted for approval, and a residential appearance shall be maintained.
2. 
Rooms. The maximum number of guest rooms shall be four (4).
3. 
Parking Location. Parking areas shall be located on the side or rear yards of the property.
4. 
Food Service. Food service may be provided to guest rooms. No cooking or food preparation will be allowed in guest rooms.
5. 
Length Of Stay. No person shall be an occupant of a bed-and-breakfast homestay for more than fourteen (14) consecutive days.
6. 
Other Criteria. In determining whether a bed-and-breakfast establishment is an appropriate use in the proposed location, the Commission and Governing Body may consider the following:
a. 
Whether the use is appropriate in view of the use, development and zoning of adjacent and nearby property;
b. 
Whether the use will adversely affect the existing use or usability of adjacent or nearby property;
c. 
Whether the use is in conformity with the policy and intent of the Comprehensive Plan;
d. 
Whether there are existing or changing conditions affecting the use or development of the property which give supporting grounds for either approval or disapproval of the proposed use.
[CC 1996 § 25-298; Ord. No. 891 § 25-815]
A. 
Building material sales and lumberyards located in an M-1 District shall require a special use permit and shall be subject to the following conditions and restrictions:
1. 
All materials shall be maintained in an orderly manner, free of litter and refuse.
2. 
All lumber and building materials must be set back at least ten (10) feet from all property lines. All lumber or building materials stored or displayed outside a structure shall be entirely enclosed within a fence that is at least six (6) feet in height Any gates or openings in the fence shall be locked except during normal business hours. No fencing is permitted in the area forward of the primary structure or within the front yard setback if no structure exists on the premises.
3. 
Any vehicles used to move or manipulate lumber or building materials shall be stored inside the required fence when the operation is closed for business.
[CC 1996 § 25-299; Ord. No. 891 § 25-816]
A. 
A convalescent, nursing or retirement home located in an R-2 District, shall be subject to the following conditions and restrictions:
1. 
The property shall have a minimum lot area of forty thousand (40,000) square feet and shall have a minimum lot width of two hundred (200) feet.
2. 
Not less than five hundred (500) square feet of lot area shall be provided for each patient.
3. 
Side yards shall be at least one hundred percent (100%) greater than the side yard required in the district.
4. 
The structure shall maintain a residential character.
5. 
There shall be seventy (70) square feet per resident in private and multiple occupancy bedrooms.
6. 
All applicable Federal, State and local requirements shall be met as a condition of any special use permit for this use.
[CC 1996 § 25-300; Ord. No. 891 § 25-818]
A. 
A group home facility shall require a special use permit and shall be subject to the following conditions and restrictions:
1. 
Resident Limit. The maximum number of persons in a facility shall not exceed eight (8) residents who are not related by blood or marriage and two (2) resident staff members.
2. 
Mental Or Physical Handicap. In any residential district, a group home shall be limited to persons who are mentally or physically handicapped, except for resident staff members, and shall not include persons who are being treated for addiction to drugs or alcohol.
3. 
Parking. The parking shall be adequately paved and screened from adjoining properties.
4. 
Minimum Area. The property shall have a minimum lot area of twenty thousand (20,000) square feet.
5. 
Size Requirement. There shall be a minimum building size of two hundred fifty (250) square feet per resident and resident staff.
6. 
Use Visibility. There shall be no exterior evidence of the use and there shall be no sign advertising the nature of the use.
7. 
Separation Requirement. At the time of original approval no facility shall be located within one thousand (1,000) feet of another group home or of a halfway house, a convalescent home, nursing home, retirement home, a children's nursery or a day-care home. However, the Governing Body shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track, major waterway or other comparable man-made or natural barrier.
8. 
Residential Character. The structure shall be in reasonable conformance with the residential character of the neighborhood within five hundred (500) feet and the applicant shall demonstrate there will be no negative impact on properties within five hundred (500) feet.
9. 
Time Limit. The permit shall be limited to a two-year period but may be renewed by the Governing Body after a public hearing; provided, that in any requester renewal the applicant shall demonstrate the character of the neighborhood has been maintained, there has been no negative impact upon properties within five hundred (500) feet, and the facility has been maintained in accordance with the standards established in this Chapter.
[CC 1996 § 25-301; Ord. No. 891 § 25-819]
Manufactured home sales as the primary use of property as located in R-3, shall require a special use permit and shall be subject to the conditions and restrictions governing outdoor display in Article VII.
[CC 1996 § 25-302; Ord. No. 891 § 25-820]
A trucking or courier service shall require a special use permit and shall comply with the regulations set forth for outdoor display in Article VII as the primary use of property.