17.25 CONDITIONAL USES.

 

(1) APPLICATION AND NOTICE OF HEARING.

 

Application for conditional use permits shall be made in duplicate to the County Planning and Zoning Committee on forms furnished by the Zoning Administrator and shall include the following:

 

(a) Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.

 

(b) Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

 

(c) Additional information may be required, such as ground surface elevations, basement and first floor elevations, utility elevations, roads, contours, historic and probable future flood water elevations, areas subject to inundation by floodwaters, depths of foundation, floodproofing measures, soil types, slope, boundaries, and plans for proposed structures giving dimensions and elevations pertinent to the determination of the hydraulic capacity of the structure or its effects on flood flows.

 

(d) Public hearing shall follow an application for a conditional use permit. The County Planning & Zoning Committee shall fix a reasonable time and place for a public hearing, and shall give due notice by a Class 2 Notice according to Chapter 985 of the Wisconsin Statues, and shall give due notice to all property owners within 300 feet of the subject site. Owners within 300 feet shall be notified by first class mail with an Affidavit of Mailing at least 10 days prior to the hearing. A copy of such notice shall be mailed by certified mail to the Town Clerk of the affected Town at least ten (10) days prior to the hearing.

 

(e) Fee receipt from the County Planning and Zoning Office in the amount of Two Hundred Fifty and no/100 Dollars ($250.00).

 

(2) REVIEW AND APPROVAL.

 

(a) Town Notification--The County Zoning Office shall mail to the clerk of the Town within which the conditional use is proposed, a copy of all maps, plans and other documents submitted by the applicant and notice of the time and place of the public hearing to be held on the proposed conditional use. Such information shall be mailed at least ten (10) days prior to the hearing by certified mail.

 

(b) Town/County Action.

 

(1) The Town Board should attend the schedule hearing and in any event may then, or earlier, indicate its position with regard to granting, denying, granting in part or conditionally approve the application.

 

(2) The Town Board should communicate its position by any representative it may select, either orally or in writing. Failure of the Town Board to communicate its position on the application prior to or at the hearing, shall be deemed to constitute approval by the Town Board of whatever action the County Planning        and Zoning Committee may take. If the Town Board or its representative shall at such joint meeting request an extension of time within which to determine its position, such extension shall automatically be granted for a period of (1) week or for such longer period as the County Planning and Zoning Committee shall consider to be reasonable after taking into account these factors:

 

(a) the complexity and importance of the matter;

(b) the diligence shown by the applicant in submitting the application;

(c) the need of the applicant and the area for a prompt decision.

 

(3)       (a) Approval of conditional uses may be by the County Planning and Zoning Committee alone, if the Town Board fails to take a position before, at, or by the end of any due extension of time after the hearing. Denial may be by the vote of either the County Planning and Zoning Committee or, if timely done, by the Town Board. The Town Board, however, shall not have the power to approve or disapprove conditional uses in any areas such as shorelands, where applicable statutes of the State of Wisconsin give such power exclusively to the County Board and the State of Wisconsin.

 

(b) All Town actions for approval or denial shall be accompanied by appropriate findings of fact. A Town action received without findings shall be returned to the Town for appropriate action. Failure of the Town of submit appropriate findings of fact following the return shall constitute unconditional approval of the application. Findings shall, at a minimum, address duly adopted Comprehensive Plans, or plan elements, adopted ordinances if any, compatibility or non-compatibility with adjacent uses, specific substantiated objections (if any), plus any other specific finding deemed appropriate for the matter at hand.

 

(4) If the Town Board and the Planning and Zoning Committee shall both approve the application subject to certain conditions and such conditions shall not be identical, then the more restrictive conditions shall apply.

 

(5) In those cases where this Ordinance required the County Planning and Zoning Committee to request a recommendation of a State agency or other planning agency prior to taking final action, the time within which the Town Board may disapprove such a proposed conditional use shall be extended until the meeting at which the County Planning and Zoning Committee finally acts on the application, or seven (7) days thereafter, if the Town Board so requests at such a meeting.

 

(c) Standards in Reviewing Conditional Uses—In reviewing the proposed conditional uses, the County Planning and Zoning Committee shall be guided by the following standards and requirements:

 

(1) All conditional uses must be in accordance with the purpose and intent of this Ordinance and shall not be hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the County and its communities.

 

(2) A review of the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effect of the proposed use, structure, operation, and improvement upon flood damage protection, water quality, shoreland cover, natural beauty, and wildlife habitat.

 

(3) Conditions, such as landscaping; architectural design; type of construction; construction commencement and completion dates; sureties; lighting; fencing; location, size, and number of signs; water supply and waste disposal systems; higher performance standards; street dedication; certified survey maps; floodproofing; ground cover; diversions; silting basins; terraces, stream bank protection; planting screens; operational control; hours of operation; improved traffic circulation; deed restrictions; highway access restrictions; increased yards; or additional parking may be required by the County Planning and Zoning Committee upon its finding that these are necessary to fulfill the purpose and intent of this Ordinance and the State Water Resources Act of 1965, and to meet the provisions of the State's Flood Plain and Shoreland Management Programs.

 

(4) Compliance with Sec. 17.02-6 and all other provisions of these regulations such as lot width and area, yards, height, parking, loading, traffic, highway access, performance standards, shall be required of all conditional uses. Variances shall only be granted as provided in Section 17.31.

 

(5) With respect to conditional uses within shore-lands, the standards set forth in Sec. 144.26(5)(a) of the Wisconsin Statutes, in particular as they relate to the avoidance or control of pollution, shall be followed.

 

(3) DECISION AND EXPIRATION OF USE.*

 

(a) The County Planning and Zoning Committee shall deny, approve or give conditional approval on all applications within forty (40) days of the public hearing. In those cases where conditional approval has been granted, the Committee shall finalize action within ninety (90) days of the public hearing. The Committee shall transmit a signed copy of its decision to the applicant and to the Town Clerk of the Town in which the subject site is located immediately after its forty (40) day decision and immediately after its ninety (90) day decision, if applicable.

 

(b) Conditional uses or temporary uses so granted, shall expire within twelve (12) months unless substantial work has commenced pursuant to such grant.

 

(c) A copy of all decisions granting or denying applications for a conditional use or a temporary use for property located in a flood plain or shoreland area shall be transmitted by the County Planning and Zoning Committee to the State Department of Natural Resources.

 

(4) APPROVAL OF BUILDING, SITE AND OPERATIONAL PLANS.*

 

(a) Where Required--**In the case of certain uses, the character of which could have substantial adverse effect upon the surrounding environment and general character of the County by reason of the appearance of the structures, arrangement or use of the land; such uses may be required, as a qualifying condition to their permissibility, to submit for approval of the Planning and Zoning Committee, building, site and operational plans.

 

(b) Principal Use not Infringed--Such required approval shall be limited solely to reasonable compliance with design, locational and operational requirements and shall not involve the basic permissibility of the use.

 

(c) Criteria--**In determining the acceptability of the building, site or operational plans, the Planning and Zoning Committee shall take into consideration the following factors as well as any others they deem appropriate:

 

(1) The same process of application review and approval shall be followed as in Section 17.25 "Conditional Uses," except that a public hearing and town notification shall not be necessary. However, if the Planning and Zoning Committee finds that such application requires public review for adequate evaluation, all procedures under these regulations shall be followed.

 

(2) The time for the Planning and Zoning Committee review and approval shall be determined on an individual basis by the Committee.

 

*Where uses are classified as conditional uses according to these regulations; and where uses are also classified as requiring approval of building, site and operational plans, according to (4); and where said uses under the approval of building, site and operational plans provision require plan and/or permit submittal in conjunction with an agency such as the Department of Natural Resources, or SWCD; the procedures of (4) shall control.

 

**Except under Shoreland, Flood Plain and Conservancy Districts where projects have plans and/or permits approved by the Department of Natural Resources, Army Corps of Engineers, Soil and Water Conservation District, or State District Forester, approvals may be administratively processed by the Zoning Administrator, without Planning and Zoning Committee review--based upon the criteria required by permit and/or plan for any of the aforementioned agencies.