§ 13-1-363. Conditional Use Review and Approval.

(a)

Purpose.

(1)

The purpose of this Section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.

(2)

Certain uses in situations which are of such a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this Chapter of specific standards, regulation, or conditions which would permit such determination in each individual situation, may be permitted as conditional uses.

(3)

Conditional uses are also those proposed uses which are listed as special uses, but fail to meet one of the requirements for special use approval listed in Sections 13-1-85 through 13-1-95. [See Section 13-1-81(c)(2).]

(4)

Under this Chapter, a proposed Conditional Use shall be denied unless the Applicant can demonstrate, to the satisfaction of the City, that the proposed Conditional Use will not create undesirable impacts on nearby properties, the environment, nor the community as a whole.

(b)

Initiation of Request for Approval of a Conditional Use. Proceedings for approval of a conditional use may be initiated an application of the owner(s) of the subject property.

(c)

Application Requirements. All applications for proposed conditional uses shall be approved as complete by the Zoning Administrator prior to the initiation of this procedure. The submittal of an application to the City Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the City Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the City Clerk, the Applicant shall provide the City Clerk with 25 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of all of the following:

(1)

A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dane County (as provided by the City of Verona). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

(2)

A map, such as the Land Use Plan Map, of the generalized location of the subject property in relation to the City as a whole;

(3)

A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations;

(4)

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of Section 13-1-366(c). If the proposed conditional use is a group development (per Sections 13-1-85 through 13-1-95) a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per Section 13-1-366;

(5)

Written justification for the proposed conditional use consisting of the reasons why the Applicant believes the proposed Conditional Use is appropriate, particularly as evidenced by compliance with the standards set forth in Subsection (d) below.

(d)

Review by The Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:

(1)

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this Chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this Chapter, he/she shall return the application to the Applicant. If the Zoning Administrator determines that the application is complete, he/she shall so notify Applicant.

(2)

Upon notifying the Applicant that his/her application is complete the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per Subsection (c)(5), above. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the City's Comprehensive Master Plan, particularly as evidenced by compliance with the standards of Subsection (d)(2)a—f below:

a.

How is the proposed conditional use (the use in general, independent of its location) in harmony with the purposes, goals, objectives, policies and standards of the City of Verona Comprehensive Plan, this Chapter, and any other plan, program, or Chapter adopted, or under consideration pursuant to official notice by the City?

b.

How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the City of Verona Comprehensive Plan, this Chapter, and any other plan, program, or Chapter adopted, or under consideration pursuant to official notice by the City?

c.

Does the proposed conditional use, in its proposed location and as depicted on the required site plan [see Subsection (c)(4), above], result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this Chapter, the Comprehensive Plan, or any other plan, program, map, or Chapter adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide development?

d.

Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

e.

Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property?

f.

Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use (as identified in Subsections (d)(2)a—e above), after taking into consideration the Applicant's proposal and any requirements recommended by the Applicant to ameliorate such impacts?

(3)

The Zoning Administrator shall forward a report to the Plan Commission for the Commission's review and use in making its recommendation to the Common Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.

(e)

Review and Action by the Plan Commission.

(1)

The Common Council shall not approve a conditional use without allowing for a recommendation from the Plan Commission per the provisions of this Subsection.

(2)

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The Applicant may appear in person, by agent, and/or by attorney. Notice of the proposed conditional use and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. Said notice shall contain a description of the proposed conditional use. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the Applicant, and to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this Chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this Section.

(3)

Within 60 days after the public hearing (or within an extension of said period requested in writing by the Applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Common Council stating its findings regarding Subsection (d), above, and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (d)(2)a—f above.

(4)

If the Plan Commission fails to make a report within 60 days after the filing of said complete application (and in the absence of a Applicant-approved extension per Subsection (e)(3), above), then the Common Council may hold a public hearing within 30 days after the expiration of said 60 day period. Failure to receive said written report from the Plan Commission per Subsection (e)(2), above, shall not invalidate the proceedings or actions of the Common Council. If such a public hearing is necessary, the Common Council shall provide notice per the requirements of Subsection (e)(2), above.

State Law reference— Section 62.23(7)(d).

(5)

If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion that the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, as identified in Subsections (d)(2)a—f above, after taking into consideration the proposal by the Applicant.

(f)

Review and Action by the Common Council. The Common Council shall consider the Plan Commission's recommendation regarding the proposed conditional use. The Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the Applicant. The Council may take final action on the application at the time of its initial meeting, or may continue the proceedings at the Applicant's request. Common Council may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed conditional use. If the Common Council wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to Council action. Any action to amend the provisions of the proposed conditional use requires a majority vote of the Council. The Common Council's approval of the requested conditional use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.

(g)

Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

(h)

Additional Requirements. Once a conditional use is granted, no Erosion Control Permit, Site Plan approval (per Section 13-1-366), Certificate of Occupancy (per Section 13-1-367), or Building Permit shall be issued for any development which does not comply with the requirements of this Chapter.

(hh)

Revocation of Approved Conditional Use.

(1)

A conditional use found not to be in compliance with the terms of this Chapter, with other applicable terms in the Code of Ordinances, with the conditions imposed, if any, upon the specific conditional use permit approved by the Common Council, or with applicable state law shall constitute grounds for revocation.

(2)

Upon request by the Zoning Administrator or a member of the Plan Commission, the Plan Commission shall hold a public hearing to determine whether or not to revoke a conditional use permit. At such hearing, the holder of the conditional use permit and any other interested persons shall be given an opportunity to speak. The Plan Commission shall then revoke the permit or maintain the permit. If the Plan Commission decides to maintain the permit, it may choose to place additional conditions upon the permit.

(3)

The decision of the Plan Commission may be appealed to the Common Council by the Zoning Administrator, the holder of the conditional use permit, or any interested person. Upon such appeal, the Common Council shall hold a public hearing at which time interested persons—including but not limited to the holder of the conditional use permit—shall be given an opportunity to speak. The Common Council shall then affirm or overturn the Plan Commission's determination.

(i)

Time Limits on the Development of Conditional Use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by City Council and shall be operational within 730 days of said approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this Section, "operational" shall be defined as the granting of a Certificate of Occupancy for the conditional use. Prior to such a revocation, the Applicant may request an extension of this period. Said request shall require formal approval by Plan Commission and shall be based upon a showing of acceptable justification (as determined by Plan Commission).

(j)

Discontinuing an Approved Conditional Use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.

(k)

Change of Ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any conditional use in violation as approved per Subsection (f), above, without approval by Plan Commission, shall be grounds for revocation of said conditional use approval per Subsection (h), above. For Bed and Breakfast land uses the granting of a Conditional Use Permit shall be valid while said property is owned by the owner at time of conditional use approval.

(l)

Recording of Conditional Use Requirements. Except for conditional use approvals for temporary uses, all documents associated with the written description, the approved site plan, and the specific requirements of approval, and a memorandum referring to and stating the general purpose of the conditional use (along with a legal description of the subject property), shall be recorded by the property owner/applicant with the County Register of Deeds office.

(m)

Notice to the DNR. The Plan Commission shall transmit a copy of each application for a conditional use for conservancy regulations in the Shoreland-Wetland, Floodway, Floodplain, or Floodfringe Overlay Zoning Districts to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the DNR within 10 days of the date of such decision.

(n)

Fee. One or more fees are required for this procedure. Refer to Section 13-1-376.

(o)

Conditional Use Found Not to be in Compliance. Any conditional use found not to be in compliance with the terms of this Chapter or found not to be in compliance with the specific conditions imposed on the conditional use shall be considered in violation of this Chapter. The penalties identified in Section 13-1-377 are in addition to, and not in lieu of, revocation and other remedies provided for in this Chapter.

(Ord. No. 06-707, §§ 1, 2, 1-12-06; Ord. No. 07-729, §§ 18—20, 1-8-07)