The purpose of a conditional use is to provide a reasonable
degree of discretion in determining the suitability of certain uses
of a special nature, so as to make impractical their predetermination
as a principal use in a district. The development and execution of
this article is based upon the division of the City of Colby into
zoning 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 at a specific 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.
The listing of a use as a conditional use is not a legislative determination
that the use is inherently in the public interest in that district.
[See All Energy Corp. v. Trempealeau County, 2017 WI 52 (2017)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Authority; intent. The Common Council may authorize the Zoning Administrator
to issue a conditional use permit after review, public hearing, advisory
recommendation from the Planning Committee and approval from the Common
Council, provided that such conditional use and involved structure(s)
are found to be in accordance with the purpose and intent of this
chapter and are further found to be not hazardous, harmful, offensive
or otherwise adverse to the environment or the value of the neighborhood
or the community. Such Common Council action, and the resulting conditional
use permit, shall specify the period of time for which effective,
if specified; the name of the permittee; the location and legal description
of the affected premises. Prior to the granting of a conditional use,
the Common Council shall make findings based upon the evidence presented
that the standards herein prescribed are being complied with.
B.
Conditional uses adjacent to freeways. Any development for which
a conditional use permit is requested within 500 feet of the existing
or proposed rights-of-way of freeways, expressways and within 1/2
mile of their existing or proposed interchange or turning lane rights-of-way
shall be specifically reviewed by the highway agency that has jurisdiction
over the trafficway. The Planning Committee and/or Common Council
shall request such review and await the highway agency's recommendation
for a period not to exceed 20 days before taking final action.
C.
General authority to require conditions. Per § 480-36, conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operation control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be recommended by the Planning Committee and required by the Common Council upon their finding that these are necessary to fulfill the purpose and intent of this chapter.
D.
Compliance with other zoning conditions. Compliance with all other
provisions of this chapter, such as lot width and area, yards, height,
parking, loading, traffic, highway access and performance standards,
shall be required of all conditional uses.
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 permit is sought, may file
an application to use such land for one or more of the conditional
uses provided for in this article in the zoning district in which
such land is located, or for a conditional use substantially similar
to a listed conditional use.
A.
Application filing requirements. An application for a conditional
use permit, accompanied by the application fee prescribed by the Common
Council, shall be filed on a form prescribed by the City. Such applications
shall be forwarded to the Planning Committee upon receipt by the Zoning
Administrator or City Clerk-Treasurer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Required plans/information. The plans/information required for review
of all conditional use permit applications shall generally consist
of any or all of the following, as required by the Zoning Administrator:
C.
Additional information. In order to secure information upon which
to base its determination, the Zoning Administrator may require the
applicant to furnish, in addition to the information required above
and for a building permit, the following information:
(1)
Contours; soil types. A plan of the area showing contours, soil types,
high-water mark, groundwater conditions, bedrock, slope and vegetation
cover.
(2)
Location of buildings; parking areas. Location of buildings, parking
areas, traffic access, driveways, walkways, open spaces, landscaping
and lighting.
(3)
Building and utilities plans. Plans for buildings, sewage disposal
facilities, water supply systems and arrangements of operations.
(4)
Filling/Grading plan. Specifications for areas of proposed filling,
grading, lagooning or dredging.
(5)
Other information. Other pertinent information necessary to determine
if the proposed use meets the requirements of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Upon receipt of the application and the information required by § 480-31 above, the request for a conditional use permit shall be placed on the agenda of the first Planning Committee meeting occurring after 10 days from the date of submission. The request shall be considered as being officially submitted when all the information requirements, including the payment of all applicable fees, are complied with. At such meeting, the Planning Committee shall make an advisory recommendation regarding the application, and a record of the proceedings shall be kept in such a manner and according to such procedures as the Planning Committee shall prescribe from time to time. The Common Council and/or Planning Committee can, on its own motion, apply conditional uses when applications for rezonings come before their bodies.
A.
Hearing requirements. A public hearing shall be held on all conditional
use permit applications. The public hearing may be held either by
the Planning Committee or Common Council. Notice of the time, place
and purpose of such hearing shall be given by publication of a Class
2 notice under Ch. 985, Wis. Stats., a minimum of 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 Committee, 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 10 days prior to the date
of such public hearing, except that in the case of livestock facility
siting conditional use hearings, such notice shall be sent to owners
of property within 300 feet.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Incomplete notice. Failure to fully comply with the notice to adjacent
property owners shall not, however, invalidate any previous or subsequent
action on the application.
A.
Standards. No application for a conditional use shall be recommended
for approval by the Planning Committee, or approved by the Common
Council, unless the following conditions are present:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
That the applicant has demonstrated that the application and all
requirements and conditions established by the City relating to the
conditional use are or shall be satisfied, both of which must be supported
by substantial evidence. Per § 62.23(7)(de)b, Wis. Stats.,
"substantial evidence" means facts and information, other than merely
personal preferences or speculation, directly pertaining to the requirements
and conditions an applicant must meet to obtain a conditional use
permit and that reasonable persons would accept in support of a conclusion.
(2)
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.
(3)
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.
(4)
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.
(5)
That adequate utilities, access roads, drainage and other necessary
site improvements have been or are being provided.
(6)
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.
(7)
That the conditional use shall conform to all applicable regulations
of the district in which it is located.
(8)
That the proposed use does not violate floodplain regulations governing
the site.
(9)
That adequate measures have been or will be taken to prevent and
control water pollution, including sedimentation, erosion and runoff.
B.
Application of standards. When applying the above standards to any
new construction of a building or an addition to an existing building,
the Common Council and Planning Committee 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 and the City Comprehensive Plan.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Additional considerations. In addition, in passing upon a conditional
use permit application, the Planning Committee and Common Council
shall also evaluate the effect of the proposed use upon:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When an advisory recommendation of denial of a conditional use
application is made by the Planning Committee or an actual denial
by the Common Council, the Planning Committee and/or Common Council
shall furnish the applicant, in writing, those standards that are
not met and enumerate reasons the Planning Committee and/or Common
Council has used in determining that each standard was not met. Such
findings may be in the form of meeting minutes.
The following conditions shall apply to all conditional uses:
A.
Conditions. Prior to the granting of any conditional use, the Planning Committee may recommend and the Common Council 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 § 480-34 above. Any condition imposed must be related to the purpose of the zoning code and be based on substantial evidence. In all cases in which conditional uses are granted, the Planning Committee may recommend and the Common Council shall require such evidence and guarantees as deemed 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Landscaping;
(2)
Type of construction;
(3)
Construction commencement and completion dates;
(4)
Sureties;
(5)
Lighting;
(6)
Fencing;
(7)
Operational control;
(8)
Hours of operation;
(9)
Traffic circulation;
(10)
Deed restrictions;
(11)
Access restrictions;
(12)
Setbacks and yards;
(13)
Type of shore cover;
(14)
Specified sewage disposal and water supply systems;
(15)
Planting screens;
(16)
Piers and docks;
(17)
Increased parking;
(18)
Conditions pertaining to permit duration, transfer or renewal;
or
(19)
Any other requirements necessary to fulfill the purpose and
intent of this chapter.
B.
Site review. In reviewing each application and making its recommendation,
the Planning Committee shall evaluate each application and may request
assistance from any source which can provide technical assistance.
The Planning Committee may review the site, existing and proposed
structures, architectural plans, neighboring uses, parking areas,
driveway locations, highway access, traffic generation and circulation,
drainage, sewerage and water systems and the proposed operation/use.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Signage. Signage shall be in compliance with municipal sign regulations.
D.
Extent of use. At no time shall the proposed conditional use utilize
more than 35% of the gross floor area of the conforming use.
E.
Alteration of conditional use. No alteration of a conditional use
shall be permitted unless first approved by the Common Council.
F.
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.
G.
Sloped sites; unsuitable soils. Where slopes exceed 6% and/or where
a use is proposed to be located on areas indicated as having soils
that are unsuitable or marginal for development, on-site soil tests
and/or construction plans shall be provided that 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.
H.
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 significant
potential of accidents.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Planning Committee advisory recommendation.
(1)
Following referral of conditional use permit applications, the Planning
Committee may recommend that the Common Council authorize the Zoning
Administrator to issue a conditional use permit for conditional uses
specified in this chapter after review and a public hearing, provided
such uses are in accordance with the purpose and intent of this chapter,
and, more specifically, the standards for conditional uses established
in this article.
(2)
The Planning Committee shall make findings of fact and recommend
such actions or conditions relating to the request as the Committee
deems necessary to carry out the intent and purpose of this chapter.
B.
Common Council action.
(1)
Upon receiving the recommendation of the Planning Committee, the Common Council shall place such recommendation(s) on the agenda for the next subsequent Council regular meeting. Such recommendations, including findings of standards not met as required by § 480-36, shall be entered in and made part of the permanent written record of the Common Council.
(2)
If, upon receiving the recommendations of the Planning Committee,
the Common Council finds that specific inconsistencies exist in the
review process or significant new facts have now been made available
and thus the final determination of the Common Council will differ
from the advisory recommendation of the Planning Committee, the Common
Council shall, before taking final action, refer the matter back to
the Planning Committee with the written record or separate statement/report
explaining the specific reasons for referral. This referral action
shall only be permitted one time with each conditional use permit
application.
(3)
At the Common Council's discretion, the Council shall have the option
to set and hold an additional public hearing at the next subsequent
Common Council meeting. Such hearing shall be noticed and conducted
as prescribed in this chapter in compliance with the requirements
of this chapter and the Wisconsin Statutes. The Common Council shall
make, and record in the minutes of the Council or in a separate statement/report,
findings of fact and may impose and require any conditions the Common
Council considers necessary to protect the public health, safety and
welfare when approving and issuing a conditional use permit. The Common
Council's decision to approve or deny the permit must be supported
by substantial evidence.
C.
Reapplication. No application for a conditional use permit which
has been denied in whole or in part by the Common Council shall be
resubmitted for a period of one year from the date of such denial,
except on the grounds that substantial new evidence or proof of changes
that would result in compliance with applicable conditions is included
in the resubmitted application.
A.
Where the Common Council has approved or conditionally approved an
application for a conditional use permit, such approval shall become
null and void within 18 months of the date of the approval unless
the Common Council has specified a different time line in its approval
or 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 30 days prior to the automatic revocation of such permit,
the Zoning Administrator shall notify the holder by certified mail
of such revocation.
B.
A conditional use permit shall remain in effect as long as the conditions
upon which the permit was issued are followed, but the City may impose
conditions such as, but not limited to, permit duration, transfer
or renewal, in addition to any other conditions specified in granting
the conditional use permit.
C.
The Common Council may extend such permit for a period of 90 days
for justifiable cause if the conditional use permit included a permit
duration condition, if application is made to the Common Council at
least 30 days before the expiration of said permit.
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 § 480-34 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 § 480-33 above. Any person may appear at such hearing and testify in person or be 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 § 480-34 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 § 480-37. Additionally, the offending party may be subjected to a forfeiture as set forth in this chapter and § 1-3, General penalty, of the City Code. In the event that no reasonable modification of such conditional use can be made in order to assure that standards in § 480-34A and B 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.
A.
As conditional use. Bed-and-breakfast establishments shall be considered
conditional uses and may be permitted in residential districts pursuant
to the requirements of this article.
B.
AGENT
BED-AND-BREAKFAST ESTABLISHMENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person designated by the owner as the person in charge
of such establishment and whose identity shall be filed in writing
with the Zoning Administrator upon issuance of the permit and updated
five days prior to a designated agent taking charge.
Any place of lodging that provides eight or fewer rooms for
rent to no more than a total of 20 tourists or transients, is the
owner's personal residence, is occupied by the owner or agent at the
time of rental and in which the only meal served to guests is breakfast.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Regulations.
(1)
Location. All bed-and-breakfast units shall be established within
a principal structure only.
(a)
A bed-and-breakfast may be located in a formally designated
local, state or national historical structure with an area of not
less than 1,000 square feet of living space.
(b)
A bed-and-breakfast may be located in an existing single-family
dwelling with an area of not less than 1,000 square feet of living
space; however, a new single-family dwelling shall not be constructed
for the purpose of establishing a bed-and-breakfast.
(2)
Number of units. A maximum of eight bed-and-breakfast units may be
established in a structure.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Domicile requirement. The bed-and-breakfast shall be the domicile
for the owner or manager.
(4)
Employee restriction. The bed-and-breakfast shall employ not more
than the equivalent of two full-time persons who are not domiciled
in the principal structure.
(5)
Dining and other facilities. Dining and other facilities shall not
be open to the public, but shall be used exclusively by the registered
guests and residents, unless allowed by a separate permit.
(6)
Compliance with state standards. All bed-and-breakfast establishments
and licensees shall be subject to and comply with Ch. ATCP 73, Wis.
Adm. Code, relating to bed-and-breakfast establishments or Ch. ATCP
72, Wis. Adm. Code, relating to hotels, motels and tourist rooming
houses.
(7)
Registry. Each bed-and-breakfast establishment shall provide a register
and require all guests to register their true names and addresses
before being assigned quarters. The register shall be kept intact
and available for inspection by a City representative for a period
of not less than one year.
D.
Permit required.
(1)
City permit required. In addition to the permit required by Ch. ATCP
73 or 72, Wis. Adm. Code, before opening for business every bed-and-breakfast
establishment shall obtain a permit from the Zoning Administrator
by application made upon a form furnished by said officer and shall
obtain a conditional use permit.
(2)
Application requirements. The following is required to be furnished
at the time an application is filed for a conditional use permit in
addition to the other application requirements of this article:
(3)
Display of permit. The permit issued by the Zoning Administrator
shall be conspicuously displayed in the bed-and-breakfast establishment.
E.
Off-street parking required. Permits shall be issued only to those
establishments that provide a minimum of one improved off-street parking
space for each room offered for occupancy. Establishments otherwise
qualifying under this section regulating bed-and-breakfast establishments
shall not be subject to the other requirements of this chapter with
respect to traffic, parking and access.
F.
On-site signs. Total signage shall be limited to a total of 12 square
feet and may be lighted in such manner and nature as to not alter
or deteriorate the nature of the surrounding neighborhood. Establishments
otherwise qualifying under this section regulating bed-and-breakfast
establishments shall not be subject to the requirements of this chapter
with respect to signs.
G.
Termination of permit. A bed-and-breakfast use permit shall be void upon the sale or transfer of the property ownership. The Common Council shall review and conditionally approve or disapprove an application submitted by a person anticipating the purchase of premises for such use. A permit issued in accordance with Subsection C above shall be valid until terminated by action of the Zoning Administrator for violation of the provisions of this section, or of State of Wisconsin regulations as set forth in Ch. ATCP 72 or ATCP 73, Wis. Adm. Code, or as above provided.
A.
Intent. The intent of this section is to provide a means to accommodate
a small home-based family or professional business without the necessity
of a rezoning from a residential to a commercial district. Approval
of an expansion of a home occupation at a future time beyond the limitations
of this section is not to be anticipated; relocation of the business
to an area that is appropriately zoned may be necessary.
B.
Permitted home occupations; restrictions. Home occupations, including
professional home offices, meeting the requirements of this subsection
are a permitted use in all Residential Districts and are subject to
the requirements of the district in which the use is located, in addition
to the following requirements:
(1)
The home occupation shall be conducted only within the enclosed area
of the dwelling unit or a garage.
(2)
There shall be no exterior alterations which change the character
thereof as a dwelling and/or exterior evidence of the home occupation
other than those signs permitted in the district.
(3)
No storage or display of materials, goods, supplies or equipment
related to the operation of the home occupation shall be visible outside
any structures located on the premises.
(4)
No home occupation use shall create smoke, odor, glare, noise, dust,
vibration, fire hazard, small electrical interference or any other
nuisance not normally associated with the average residential use
in the district.
(5)
Only one sign may be used to indicate the type of occupation or business.
Such sign shall not be illuminated and shall not exceed four square
feet.
(6)
The use shall not involve the use of commercial vehicles for more
than occasional delivery of materials to or from the premises.
(7)
A permitted home occupation is restricted to a service-oriented business
prohibiting the manufacturing of items or products or the sale of
items or products on the premises. Examples of service-oriented businesses
are, but are not limited to, computer programming, accounting, insurance
agency and computer-based consulting and clerical services.
(8)
A permitted home occupation shall not occupy more than 35% of the
gross floor area of the dwelling.
(9)
Persons employed by a permitted home occupation shall be limited
to resident family members and no more than two nonresident employees.
C.
Conditional use home occupations.
(2)
The types and number of equipment or machinery used on the conditional
use site may be restricted by the Common Council.
(3)
Sale or transfer of the property or expansion of the home occupation
shall cause the conditional use permit to be null and void.
(4)
Vehicle repair or body work may be allowed only as a conditional
use, subject to restrictions placed by the Common Council.
The following uses may be allowed by conditional use permit
in accordance with this article.
A.
In the R-1 Residential District:
(1)
Cemeteries, crematoriums and mausoleums.
(2)
Charitable and nonprofit institutions.
(3)
Child-care facilities.
(4)
Churches, rectories, seminaries, convents, monasteries, including
any other uses incidental to them.
(5)
Community swimming pools.
(6)
Educational institutions.
(7)
Golf courses.
(8)
Off-street parking.
(10)
Railroad rights-of-way and trackage, but not including classification
yards, terminal facilities and maintenance facilities.
(11)
Temporary real estate offices.
(12)
Sheltered care elderly units.
B.
In the R-2 Residential District. In addition to conditional uses
permitted in the R-1 District, the following uses may also be permitted
in the R-2 District:
(1)
Mobile home parks.
(2)
Rest homes and nursing homes.
(3)
Hospitals and sanitariums.
(4)
One-family detached dwellings.
(5)
Wholesale nursery operations.
(6)
The sale of products produced on the premises only from temporary
stands or existing operations structures.
(7)
Cemeteries, crematoriums and mausoleums.
(8)
Churches, rectories, parish houses and convents.
(9)
Golf courses, provided that no clubhouse or accessory building be
located nearer than 500 feet to any dwelling. In addition, no in-bound
area for normal golf activity shall be located nearer than 150 feet
to any dwelling unit.
(10)
Institution for the aged.
(11)
Educational institutions.
(12)
Public service uses:
(a)
Filtration plant, pumping station and water reservoir.
(b)
Sewage treatment plant.
(c)
Police and fire stations.
(d)
Telephone exchange.
(e)
Electric substation and booster stations.
(f)
Sanitary landfill.
(g)
Other governmental uses found by the Common Council to be necessary
for the public health, safety and welfare.
(13)
Private clubs and lodges, provided they are not carried out
as a business.
(14)
Rest homes, nursing homes, hospitals and sanitariums.
(15)
Mobile home parks.
Pursuant to § 66.1001(2m)(b), Wis. Stats., a conditional
use permit that may be issued by the City of Colby does not need to
be consistent with the City Comprehensive Plan.
Any action of the Common Council in granting or denying a conditional use permit application may be appealed to the Zoning Board of Appeals. In the alternative, any action of the Common Council in denying a conditional use permit application may be appealed directly to Circuit Court per § 62.23(7)(e)10., Wis. Stats. In the case of appeals to the Zoning Board of Appeals, a written request shall be made within 10 days after the date of the Common Council's action granting or denying the permit. Such request for appeal to the Zoning Board of Appeals shall be filed and reviewed pursuant to the procedures in Article XIV of this chapter.
