The Land Use Planning and Zoning Committee is hereby declared to be the agent of the County Board in all matters pertaining to County zoning, except for such powers as are specifically reserved to the County Board or the Board of Adjustment by the laws of the State of Wisconsin or by this chapter. See Article VIII, Board of Adjustment.
[Amended 11-14-2017 by Ord. No. 22-2017; 3-19-2019 by Ord. No. 2-2019]
A. 
Investigations of, and public hearings on, conditional uses required by the regulations of this article shall be conducted by the Land Use Planning and Zoning Committee for the purpose of determining the effect of the proposed use or the location thereof on the character of the neighborhood and its suitability for development by utilizing the minimum review standards and criteria of this article. The Land Use Planning and Zoning Committee shall review requests for a conditional use permit and, after public hearing and application of the standards identified in this article, shall approve, approve with conditions or deny all such requests.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, concerning conditional uses in the A-1 and A-2 Districts, was repealed 12-15-2009 by Ord. No. 972-2009.
C. 
For all public hearings required above, general notice shall be given as the Land Use Planning and Zoning Committee shall direct, provided that special notice shall be given of any such public hearing by mail to all persons living within the boundaries of the lot or tract to be affected by any proposal for which the Land Use Planning and Zoning Committee's approval is required and to all other persons living outside of such boundaries and within 300 feet thereof.
[Amended 3-19-2019 by Ord. No. 2-2019]
Application for a conditional use permit shall be made to the Land Use Planning and Zoning Department, on forms provided by the Department and shall be accompanied by the following:
A. 
Application with an application fee. (See Article XII of this chapter for fee structure.)
B. 
Detailed site plan, drawn to scale, identifying such items as existing and proposed buildings, building height, septic system, drainageways, watercourses, streams, lakes, lot lines, contours, areas to be filled or altered, wetlands, roads, existing and proposed parking area, and any other relevant physical features.
C. 
Detailed description of the proposed activity (operational plan).
D. 
Any additional information, as required by the Land Use Planning and Zoning Department, which may be pertinent to the proposed conditional use.
A. 
Action by the Land Use Planning and Zoning Committee: The Land Use Planning and Zoning Committee shall review a request for a conditional use permit and deny, approve, or approve with conditions the request as the Committee may deem appropriate.
B. 
Standards.
(1) 
Conditional uses may be located in certain districts under certain conditions. When reviewing a conditional use permit, the Land Use Planning and Zoning Committee shall take into consideration, among other things, the recommendation of the affected town and the particular facts and circumstances of each proposed use in terms of the following standards and shall find substantial evidence that such standards are being satisfied.
[Amended 3-19-2019 by Ord. No. 2-2019]
(a) 
If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or those imposed by the Land Use Planning and Zoning Committee, the Land Use Planning and Zoning Committee shall grant the conditional use permit. Any condition imposed must be related to the purpose of the ordinance and be based on substantial evidence.
(b) 
The requirements and conditions described under § 350-56B(1)(a) above must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal.
(c) 
The applicant must demonstrate that the application and all requirements and conditions established by the Land Use Planning and Zoning Committee, relating to the conditional use, are or shall be satisfied, both of which must be supported by substantial evidence. The Land Use Planning and Zoning Committee's decision to approve or deny the conditional use permit must be supported by substantial evidence.
(2) 
No conditional use shall be approved or approved with conditions by the Land Use Planning and Zoning Committee unless it shall find the conditional use:
(a) 
Will not have a negative effect upon the health, safety, and general welfare of occupants of surrounding lands;
(b) 
Will be designed, constructed, operated, and maintained so as to be harmonious and be appropriate in appearance with the existing or intended character of the general vicinity and that such a use will not change the essential character of the same area;
(c) 
Will not be hazardous or disturbing to existing or future neighboring uses;
(d) 
Will not be detrimental to property in the immediate vicinity or to the community as a whole;
(e) 
Will be served adequately by essential public facilities and services, such as highways, streets, police and fire protection, drainage structures, and schools, and that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such service; and
(f) 
Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public or private streets or roads.
C. 
The Land Use Planning and Zoning Committee may require additional standards and conditions that may be deemed necessary for the conditional use requested to meet the standards of this article. Such additional standards and conditions may include, but not be limited to, requirements pertaining to lot coverage, lot area, setbacks, building height, off-street parking and loading, pedestrian and vehicular accessways, storage, fencing, screening, landscaping, open space, height limitations, lighting, and hours of operation.
D. 
Enumerated throughout this chapter are the uses allowed in each district by conditional use permit.
E. 
A conditional use shall lapse and become void one year after approval by the Land Use Planning and Zoning Committee unless substantial construction has been undertaken or the activity has commenced in accordance with the permit. The approved conditional use permit, unless otherwise specified in the conditions of approval, shall remain in effect as long as the authorized use continues. Prior to the reestablishment of an abandoned use, a new conditional use permit shall be obtained under the terms of this article.
F. 
No application for a conditional use permit which has been denied wholly or in part by the Land Use Planning and Zoning Committee shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof of change of conditions is found to be valid.
G. 
In the event that the Land Use Planning and Zoning Committee chooses to deny a person's conditional use permit application, the person may appeal the decision to the Board of Adjustment or to circuit court under the procedures contained in § 59.694(10) Wis. Stats.
[Added 3-19-2019 by Ord. No. 2-2019]
[Amended 11-14-2017 by Ord. No. 22-2017]
A. 
The Land Use Planning and Zoning Committee 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 Land Use Planning and Zoning Department 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 chapter.
B. 
Complaint procedure. Upon written complaint by any citizen or official, the Land Use Planning and Zoning Committee shall initially determine whether said complaint indicates a reasonable probability that the subject conditional use is in violation of either the purpose and intent of this chapter, a condition of approval or other requirement imposed hereunder. Upon reaching a positive initial determination, a hearing shall be held upon notice. Any person may appear at such hearing and testify in person or be represented by an agent or attorney. The Land Use Planning and Zoning Committee may, in order to bring the subject conditional use into compliance with the standards set forth in this chapter or conditions previously imposed by the Land Use Planning and Zoning Committee, modify existing conditions upon such use and impose additional reasonable conditions upon the subject conditional use. Additionally, the offending party may be subjected to a forfeiture as set forth in Article X. In the event that no reasonable modification of such conditional use can be made, the Land Use Planning and Zoning Committee may revoke the subject conditional approval and direct the Land Use Planning and Zoning Department and Corporation Counsel to seek the elimination of the subject use. Following any such hearing, the decision of the Land Use Planning and Zoning Committee shall be furnished to the current owner of the conditional use, in writing, stating the reasons therefor. An appeal from a decision of the Land Use Planning and Zoning Committee under this section may be taken to the Board of Adjustment.
[Amended 8-18-2020 by Ord. No. 9-2020]
[Amended 11-14-2017 by Ord. No. 22-2017]
The County Land Use Planning and Zoning Committee may require the Land Use Planning and Zoning Department to issue a conditional use permit after review and public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter.
Compliance with all other provisions of this chapter, such as lot width, area, year, height and setbacks, shall be required of all conditional uses. Variances shall only be granted by the Board of Adjustment in § 350-63B(3).