Description: Although each zoning district is primarily intended for a predominant type of land use, there are a number of uses that may be appropriate under certain conditions. These are referred to as “conditional uses.” Division 3 of Article 7 of the zoning code describes the requirements and procedures for reviewing a conditional use, including an amendment of an approved conditional use.

Initiation: The owner of the subject property may submit an application for the establishment of a conditional use.

Decision-maker(s): Plan Commission makes a recommendation and the Common Council makes the final decision

Application fee: $150

Submittal deadline: 30 days before the Plan Commission meeting

Basis of decision: 
   (a) Generally. When reviewing conditional uses other than nonconforming conditional uses, the Plan Commission in making its recommendation and the Common Council in making its decision shall consider the following factors:

1. the size of the parcel on which the proposed use will occur;
2. the presence of and compatibility with other uses on the subject property;
3. the location of the proposed use on the subject property (e.g., proximity of the proposed use to other existing or potential land uses);
4. effects of the proposed use on traffic safety and efficiency and pedestrian circulation, both on-site and off-site;
5. the suitability of the subject property for the proposed use;
6. effects of the proposed use on the natural environment;
7. effects of the proposed use on surrounding properties, including operational considerations relating to hours of operation and creation of potential nuisances;
8. effects of the proposed use on the normal and orderly development and improvement of the surrounding property for uses permitted in the zoning district and adjoining districts; and
9. any other factor that relates to the purposes of this chapter as set forth in s. 1-5 or as allowed by state law.

   (b) Nonconforming conditional uses. When reviewing nonconforming conditional uses, the Plan Commission in making their recommendation and the Common Council in making its decision shall make the following determinations:

1. The nonconforming use will not be adverse to the public health, safety, or welfare.
2. The nonconforming use is in keeping with the spirit and intent of this chapter.
3. The nonconforming use would not be otherwise detrimental to the area and in particular the surrounding properties.

Procedure:

1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the zoning administrator to review (1) applicable regulations and procedures, (2) applicable sections of the City’s comprehensive plan, and (3) the proposal. Upon request, the zoning administrator may waive the requirement to hold a pre-submittal meeting when he or she determines such meeting is not necessary given the nature of the project and/or the extent to which the applicant understands the City’s zoning requirements.
2. Submittal of application materials. The applicant shall submit a completed application and other required materials to the zoning administrator along with the application fee as may be established by the Common Council.
3. Staff review. Within 30 days of submittal, the zoning administrator shall either schedule a date for the public hearing with the Plan Commission allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has 3 months to resubmit the application or forfeit the application fee. The zoning administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.
4. Special notice to Department of Natural Resources. If the application relates to the floodplain regulations in this chapter, the zoning administrator shall send a copy of the application and public hearing notice to the regional office of the Wisconsin Department of Natural Resources at least 10 days before the date of the public hearing.
5. General notice. Consistent with Division 2 of Article 6, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice.
6. Staff report preparation and distribution. The zoning administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Plan Commission and Common Council, the applicant, and any other interested person upon request.
7. Public hearing. Allowing for proper notice, the Plan Commission and the Common Council shall conduct a joint public hearing to review the application consistent with Division 3 of Article 6. Prior to the close of the public hearing, the applicant, the Plan Commission, or the Common Council may request a continuance consistent with Division 3 of Article 6.
8. Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, the Plan Commission, no more than 40 days after the public hearing, shall make a recommendation to the Common Council based on the decision criteria contained in this division to (1) approve the conditional use, (2) approve the conditional use with conditions, or (3) deny the conditional use.
9. Transmittal of recommendation. If the Plan Commission action is favorable, the zoning administrator shall draft an ordinance effectuating its determination. If the Plan Commission action is not favorable, the Plan Commission shall report its determination to the Common Council including its reasons for denial.
10. Staff follow-up. If the Plan Commission does not render a decision immediately following the public hearing, the Plan Commission may direct the zoning administrator, city engineer, and/or the city attorney to submit a follow-up report to the commission and/or direct the zoning administrator to prepare such documents it deems necessary, including a preliminary decision document.
11. General notice.  Consistent with Division 2 of Article 6, the zoning administrator shall place the matter on the meeting agenda of the Common Council.
12. Common Council meeting. Allowing for proper notice, the Common Council shall consider the application at a regular or special meeting.
13. Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, and the Plan Commission’s recommendation, the Common Council shall make a decision based on the decision criteria contained in this division to (1) approve the conditional use, (2) approve the conditional use with conditions, or (3) deny the conditional use. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the city, the city shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the application and all requirements and conditions established by the city are or shall be satisfied. The decision to approve or deny the permit must be based on substantial evidence.
14. Preparation of decision notice. Based on the action of the Common Council, the zoning administrator shall prepare a decision notice consistent with this division.
15. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
16. Notification to Department of Natural Resources. If the application relates to the floodplain regulations in this chapter, the zoning administrator shall mail a copy of the decision to the regional office of the Wisconsin Department of Natural Resources within 10 days of the date of decision.
17. Acceptance by property owner. If the application is approved, the property owner shall sign the decision notice to acknowledge the terms of the approval and return the same to the zoning administrator within 6 months of the decision. Prior to the expiration of the previously specified time period, the property owner may submit a petition to the City Clerk requesting an extension and the Common Council may, with cause, extend the period within which the decision notice must be signed. If the signed decision notice is not returned within the initial or extended time period, if any, the decision shall become null and void without any further action by the City. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
18. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.
19. Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the zoning administrator shall record the decision document against the subject property in the office of the Bayfield County register of deeds.Note: Recording the decision document is a recommended step to ensure that subsequent property owners understand the nature of the approval.
20. Administrative steps. If the conditional use is approved and the zoning administrator has created a map showing conditional uses, the zoning administrator shall add the conditional use to that map.