This chapter is premised upon the division of the Town into
zoning districts where the use of land and buildings and the location
of buildings and structures in relation to the land for that use 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 district
because it is necessary to consider the impact of the proposed use
upon neighboring land or public facilities, and the public benefit
of locating particular kinds of uses in specified zoning districts.
Such uses, nevertheless, may be necessary or desirable to be allowed
in a particular district where not otherwise permitted when due consideration
is first given to location, development and operation of such uses
and their compatibility with permitted uses in a particular zoning
district. Such uses are classified as conditional uses. A conditional
use is one which is listed as a conditional use in the Zoning Ordinance
and where the Town determines that it can be allowed after review,
public hearing, recommendation by the Plan Commission, specific approval
by the Town Board by issuance of a conditional use permit and subject
to each site and neighborhood specific conditions as are developed
during that process.
Any person or entity with full ownership rights, a tenant with
the owner's consent, or the purchasers under a signed purchase
agreement for the land at issue with owner's consent may file
a conditional use permit application.
In making its recommendation, the Plan Commission shall review
and evaluate each application, shall visit the proposed site and may
request assistance from any source which can provide technical assistance.
The Commission shall review and consider the site, existing and proposed
structures, architectural plans, neighboring uses, parking areas,
driveway locations, highway access, traffic generation and circulation,
slopes, soils, drainage, sewerage and water systems and the proposed
operation/use.
Notice of time, place and purpose of such a hearing shall be
given by publication of a Class 2 notice in the official Town newspaper.
Notice of the time, place and purpose of such public hearing shall
also be sent to the applicant, Plan Commission members, and the owners
of record as listed in the office of the Town Clerk/Treasurer who
own property located in whole or in part within 300 feet of the boundaries
of the properties affected, with notice to be mailed at least 20 days
prior to the date of the public hearing. The Plan Commission shall
provide its report and recommendation to the Town Board within 60
days after the public hearing, after which the Town Board shall take
formal action on the permit application. If the Town Board does not
receive a report and recommendation from the Plan Commission within
60 days, it may hold hearings and act on the conditional use permit
application without a report and recommendation from the Plan Commission.
Requests for conditional use permits shall be first directed
to the Plan Commission for its review and recommendation to the Town
Board. After receipt of all required fees, deposits, application,
and all related materials, the Plan Commission shall hold a public
hearing on each application for a conditional use at a time and place
set by the Commission. A record of the proceedings shall be preserved.
No conditional use permit shall be recommended by the Plan Commission
or approved by the Town Board unless substantial evidence supports
findings that all of the following conditions are met:
A. That the establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety
or general welfare of Town residents or the general public.
B. That the uses, values and enjoyment of other property in the neighborhood
for permitted purposes shall in no foreseeable manner be substantially
impaired by the establishment, maintenance or operation of the conditional
use, and that the proposed use is sufficiently compatible with the
current use of adjacent land.
C. The establishment of the conditional use will not impede the normal
and orderly development and improvement of surrounding property for
uses permitted in the district.
D. That adequate utilities, access roads, drainage and other necessary
site improvements presently exist or will be undertaken and developed
within a reasonable time, as determined by the Town.
E. That adequate measures have been or will be taken to provide ingress
and egress designed to minimize traffic congestion in the public roads
within a reasonable time, as determined by the Town.
F. That the conditional use shall conform to all applicable regulations
of the district in which it is located and all applicable state and
county regulations. This may include compliance with requirements
affecting land in the Lower St. Croix Riverway Overlay District.
G. That the proposed use does not violate St. Croix County shoreland
or floodplain regulations governing the site.
H. That adequate measures have been or will be taken to prevent and
control water pollution, including sedimentation, erosion and runoff.
I. Architectural treatment. Proposed architectural treatment should
be in general harmony with surrounding uses and the landscape. To
this end, the use of certain general types of exterior construction
materials, architectural treatment or landscaping may be required.
J. Application of standards. When applying standards for conditional
uses to any proposed building construction or addition, the Plan Commission
and Town Board shall also apply the statement of purpose for the zoning
district in which the conditional use is being proposed so that the
proposed building, addition and use proposed for the location does
not conflict with or contradict the purpose and objectives of the
zoning districts.
K. Additional considerations. When considering an application for a
conditional use permit, the Plan Commission and Town Board shall also
evaluate the effect of the proposed use upon:
(1) The maintenance of safe and healthful conditions on the site for
which application has been made and at properties whose owners are
to receive notice under this article.
(2) Existing topographic and drainage features and vegetative cover on
the site.
(3) The location of the site with respect to floodplains and floodways
of rivers and streams.
(4) The erosion potential of the site based upon degree and direction
of slope, soil type and vegetative cover.
(5) The location of the site with respect to existing or future access
roads.
(6) The need of the proposed use for a shoreland location.
(7) The compatibility of the proposed use with uses on adjacent land.
(8) The amount of liquid wastes to be generated and the adequacy of the
proposed disposal systems serving the site.
Prior to making recommendation on any conditional use permit
application, the Plan Commission may consider and recommend conditions
and restrictions upon the establishment, location, construction, maintenance
and operation of the conditional use as it deems necessary or appropriate
to promote and protect the public health, safety and general welfare
of the community, and to secure compliance with site-specific requirements
and with the standards and requirements of this article. In all cases
in which conditional use permits are issued, the Town Board shall
require such evidence and guarantees as it deems necessary as assurance
that the conditions being required will be met on a continuous basis.
Pursuant to Wis. Stats., § 62.23(7)(de)5, if the Town
Board denies a person's conditional use permit application, the
person may appeal the decision to the circuit court under the procedures
contained in Wis. Stats., § 62.23(7)(e)10.