The purpose of a conditional use permit 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 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.
The request for conditional use shall be placed on the agenda
of the first possible Plan Commission meeting occurring after 30 days
from the date of submission. The request shall be considered as being
officially submitted when all the information requirements, including
paid fee, are complied with. A 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 250 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. Failure to comply with this provision
shall not, however, invalidate any previous or subsequent action on
the application.
When a decision of denial of a conditional use application is
made, the Plan Commission shall furnish the applicant, in writing,
those standards that are not met, based on substantial evidence, 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 Pierce County Circuit Court, if
a written request for an appeal is filed within 30 days after the
date of the Plan Commission's action in granting or denying the permit.
The following provisions shall apply to all conditional uses:
A. Conditions. Prior to the granting of any conditional use, the Plan Commission 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 §
635-38 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. Signage; evidence of use. One sign having an area of not more than
four square feet shall be permitted.
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 approved by the Plan Commission.
F. 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.
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
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.
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 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. A conditional use permit shall also terminate and automatically
be revoked when the permitted conditional use activity has a change
of ownership. 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 Code. 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 §
635-38 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 §
635-36 above. Any person may appear at such hearing and testify in person or be 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 §
635-38 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 §
635-41. 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 standards in Subsection
A(1) and
(2) in §
635-38 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.