City of Lake Mills

Conditional Use

A complete list of the procedures for a Conditional Use Approval are available here: https://ecode360.com/31274204

Procedures generally include the following steps:

Submittal and payment of a Conditional Use Application
Check and certification of application completeness
Placement on Agendas and Public Notification
Staff review and report to Plan Commission
Plan Commission Review & Recommendation to Council
Public Hearing and City Council Review & Action on Conditional Use Application

Application Fee

$250 and a developer's deposit as determined by City Manager.

Full Text from eCode360®

§ 660-195: Conditional uses.

Purpose. 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. Conditional uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, conditional uses also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan and on a case-by-case basis. In order to prevent this from occurring, all conditional uses are required to meet certain procedural requirements applicable only to conditional uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located. A public hearing process is required to review a request for a conditional use.

Approval required. Uses listed as permitted by conditional use grant may be permitted in the district in which listed upon petition for such grant to the Plan Commission and subject to the approval of the City Council and to such other conditions as hereinafter designated.

Basis for approval. The Plan Commission and City Council shall base their determination on general considerations as to the effect of such grant on the health, general welfare, safety and economic prosperity of the City and specifically of the immediate neighborhood in which such use would be located, including such considerations as the effect on the established character and quality of the area, its physical attractiveness, the movement of traffic, the demand for related services, the possible hazardous, harmful, noxious, offensive or nuisance effect as a result of noise, dust, smoke or odor and such other factors as would be appropriate to carrying out the intent of conditional use grants. No conditional use permit shall be recommended or granted pursuant to this chapter unless the petitioner shall establish the following:

(1)

Zoning Code and Comprehensive Plan purposes and intent. The proposed use and development will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the City of Lake Mills Comprehensive Plan or elements thereof.

(2)

Adverse impact. The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and not substantially diminish and impair property values within the community or neighborhood and:

(a)

Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to unreasonably interfere with the use and development of neighboring property according to the applicable zoning district regulations.

(b)

Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities or the petitioner will provide adequately for such facilities.

(3)

Traffic congestion. The proposed use and development will not cause undue traffic congestion nor draw significant amounts of traffic through residential streets. Adequate measures will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(4)

Destruction of significant features. The proposed use and development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance.

Procedure.

(1)

Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use shall be initiated by:

(a)

A petition of the owner(s) of the subject property;

(b)

A recommendation of the Plan Commission; or

(c)

By action of the City Council.

(2)

Petition. A request for conditional use grant shall be submitted in writing to the City Clerk who shall promptly refer such petition to the Plan Commission and City Council for determination. Such petition shall be accompanied by appropriate data and information necessary for proper evaluation of the request, including specifically the following:

(a)

An accurate map of the property including indication of general terrain and topographical characteristics, the location of all significant terra in features such as streams, ponds, tree growths, etc., and the location of all existing structures.

(b)

An accurate and complete written description of the use for which a conditional use is being requested including pertinent statistics and operational characteristics.

(c)

Plans and other drawings showing proposed development of the site and buildings including landscape plans, location of parking and service areas, driveways, exterior lighting, type of building material, etc.

(3)

Review by City staff. The proposed conditional use shall be reviewed by City staff in the following steps:

(a)

The Zoning Administrator shall review the submittal in order to ensure that all required portions of the submittal are provided.

(b)

Upon the receipt and acknowledgement of a complete submittal, City staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed conditional use provided in the submittal per Subsection C, Basis for approval, above. Furthermore, said review shall evaluate the submittal based on the following questions:

[1]

How is the proposed conditional use (the use in general) in harmony with the purposes, goals, objectives, policies and standards of the City of Lake Mills Comprehensive Plan, or any other plan or program, adopted by the City?

[2]

How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the City of Lake Mills Comprehensive Plan, or any other plan or program, adopted by the City?

[3]

Does the proposed conditional use, in its proposed location and as depicted on the site plan, result in a substantial or undue adverse impact on adjacent 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 and policies of this article, the Comprehensive Plan, or other plan, program, map, or ordinance adopted?

[4]

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 property?

[5]

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 property?

[6]

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 Subsection D(3)(b)[1] through [5], above), after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner to alleviate such impacts?

(c)

A staff report shall be forwarded to the Plan Commission for review and use in the development of a recommendation to City Council.

(4)

Review by Plan Commission. City Council shall not approve a conditional use without allowing for a recommendation from the Plan Commission per the provisions of this subsection.

(a)

Within 45 days after the receipt of the complete petition as determined by the Zoning Administrator, the Plan Commission shall hold a public hearing pursuant to § 660-209, Public hearings, of this chapter.

(b)

Within 60 days after the receipt of the complete petition as determined by the Zoning Administrator (or within an extension of said period requested in writing by the petitioner and granted by the Plan Commission), the Plan Commission shall provide a written report, minutes, or motion to the City Council stating its findings regarding Subsection D(3), above, and its recommendation regarding the petition as a whole. The report, minutes, or motion shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(c) above.

(c)

If the Plan Commission fails to make a report within 60 days after the receipt of said complete petition (and in the absence of a petitioner-approved extension per Subsection D(4)(b) above), then the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of City Council. If such a public hearing is necessary, the City Council shall provide notice per the requirements of § 660-209, Public hearings. [State Law Reference: § 62.23(7)(d)2.]

(5)

Review and action by City Council. City Council shall consider the recommendation of the Plan Commission regarding the proposed conditional use. The Council may request further information and/or additional reports from the Plan Commission, City staff, and/or the petitioner. The Council may take final action on said conditional use at time of its initial meeting, or said proceedings may be continued from time to time for further consideration. City Council may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of City staff, the Plan Commission, or City Council itself), or may deny the proposed conditional use. If the City Council wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in § 66.23(7)(d) of the Wisconsin Statutes shall be followed prior to Council action. Any action to amend the provisions of this section requires a majority vote of the Council. Approval of the proposed conditional use shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed conditional use.

(6)

Mapping and recording. When a conditional use is approved, the building site and operation plan and occupancy and zoning use permits shall be applicable solely to the structures, use, and property so described. The City Clerk shall be responsible for recording the approved conditional use permit. Indication of such approval shall also be made on the Zoning Map by appropriate code number or symbol.

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 in factors found valid by the Zoning Administrator.

Compliance with standards. The conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the City Council pursuant to the recommendations of the Plan Commission. The proposed use and development shall comply with all additional standards imposed on it by the particular provision of this section and the Code authorizing such use.

Special standards for specific conditional uses. When the zoning district regulations authorize a conditional use in a particular zoning district and that conditional use is indicated as having special standards as set forth in Article IV of this chapter, a conditional use permit for such use in such zoning district shall not be recommended or granted unless the petitioner shall establish compliance with all such specific standards.

Considerations. In determining whether the petitioner's evidence establishes that the foregoing standards have been met, the Plan Commission and the City Council shall consider the following:

(1)

Alternative locations. Whether and to what extent such public goals can be met by the location of the proposed use and development at another site or in another area that may be more appropriate than the proposed site.

(2)

Mitigation of adverse impacts. Whether and to what extent all steps possible have been taken to minimize any adverse effects of the proposed use and development on the immediate vicinity through building design, site design, landscaping, and screening.

Conditions on conditional use permits. The Plan Commission may recommend and the City Council may impose such conditions and limitations concerning use, construction, character, location, landscaping, maintenance, screening, operation, hours of operation (except as may be allowed by other federal, state, or county requirements), need for a developer's agreement, and other matters relating to the purposes and objectives of this chapter upon the premises benefited by the issuance of a conditional use permit as may be necessary or appropriate to prevent or minimize adverse effects upon other property and improvements near the subject property, upon such public facilities and services, protection of the public interest, and to secure compliance with the standards and requirements specified in this chapter. Such conditions shall be expressly set forth in the resolution granting the conditional use permit, and the City Council may require the unconditional consent of the petitioner to such conditions. Violation of any such condition of limitation shall be a violation of this chapter and shall constitute grounds for revocation of the conditional use permit.

Costs. The costs of all professional, expert, technical consultant services retained by the City and rendered in review of a conditional use permit, administration of a conditional use permit, checking and/or inspections relating to a conditional use permit, including, but not limited to, consulting professional engineers, consulting planners, City Attorney, or other professional, expert, or technical services, shall be borne by the petitioner for a conditional use permit and shall be considered as a part of the application fees for a conditional use permit.

Affidavit of compliance with conditions. In all cases in which conditional uses are granted, the City Council 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. Whenever any conditional use permit granted pursuant to this chapter is made subject to conditions or limitations to be met by the petitioner, the petitioner shall, upon meeting such conditions, file an affidavit with the Zoning Administrator so stating.

Effect of issuance of a conditional use permit. The grant of a conditional use permit shall not authorize the establishment or extension of any such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any other permits or approvals that may be required by the ordinances and codes of the City of Lake Mills, including but not limited to building permit, zoning permit, occupancy permit, land division approval, site plan approval, or other type of permit or approval.

Limitations on conditional use permits.

(1)

Time limitations. Subject to an extension of time granted by the City Council, upon recommendation of the Plan Commission, no conditional use permit shall be valid for a period longer than 12 months unless a building permit and/or occupancy permit is issued and construction is actually begun within that period and is thereafter diligently pursued to completion or unless a zoning permit is issued and a use commenced within that period.

(2)

Use discontinuance. A conditional use permit shall be deemed to authorize only the particular use for which it was issued. Such permits shall automatically expire and cease to be of any force or effect if such use shall be discontinued for 12 consecutive months or more; provided, however, that if such use is discontinued due to labor strikes, war, natural disasters, or other similar cause(s) beyond the reasonable control of the holder of the conditional use permit, such twelve-month period shall be extended for a period of time equal to the period that the holder of the conditional use permit is, for such reason, prevented from engaging in the particular use for which the conditional use permit was issued.

(3)

Conditional use permit runs with land and not the petitioner. Unless otherwise provided in the resolution granting a conditional use permit, a conditional use permit shall be deemed to relate to, and to be for the benefit of, the use and lot in question rather than the petitioner, owner, or operator of such use or lot.

(4)

Additions and enlargements to conditional uses.

(a)

Any additions or enlargements of an existing legal conditional use for which a conditional use permit has been issued may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for its original approval.

(b)

Any additions or enlargements of an existing conditional use for which a conditional use permit has not been issued shall be subject to the provisions of Subsection N of this section.

(5)

Amendments to conditional use permits. A conditional use permit may be amended, varied, or altered only pursuant to the procedures and subject to the standards and limitations provided in this chapter for its original approval.

Existing conditional uses.

(1)

Application to existing uses.

(a)

A use which existed lawfully on a lot at the time said lot was placed in a district where such use would be permitted only as a conditional use grant shall automatically be granted conditional use status.

(b)

The grant of a conditional use in such case shall be based upon the existing conditions at that time, and any expansion or change in use shall require changing of the conditional use grant.

(c)

Petition may be made at any time for expansion or other change of the conditional use grant, and such petition shall not prejudice the existing grant as herein authorized.

(d)

Conditional use status granted under previous zoning regulations shall be considered in effect under this chapter subject to the conditions established by the original grant. Any expansion or other change, however, shall be subject to the provisions of this chapter.

(2)

Review of existing conditional use permits. An existing conditional use permit may be reviewed by the City as follows.

(a)

The Plan Commission may review a conditional use permit if any of the following determinations are made by the Plan Commission:

[1]

The conditional use has not continued in conformity with the City's conditions of approval of the conditional use permit or with any subsequent amendments to the conditional use permit.

[2]

Violations of other statutes, ordinances, or laws.

[3]

A change in the character of the surrounding area or in the conditional use itself which has caused the conditional use to become incompatible with the surrounding uses.

[4]

A change in ownership or tenant; a change in the use or occupancy of property. This can involve the review of existing site/building conditions with a determination by the Plan Commission of where nonconforming elements are to be brought into compliance.

(b)

The determination for the review of a conditional use permit shall be made by the Plan Commission after due notice to the property owner, occupant, or agent as indicated on the conditional use permit, as to the reasons for the review.

(c)

Upon review of the conditional use permit, the Plan Commission may recommend to the City Council that no action be taken, recommend revisions to the conditional use permit or additional conditions be added to the conditional use permit or may recommend that the City Council proceed with a public hearing for possible termination of the conditional use permit.

(d)

Termination. Where a permitted conditional use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare, the conditional use grant may be terminated by action of the City Council following referral to the Plan Commission for recommendation and public hearing thereon. Such use shall thereafter be classified as a legal nonconforming use, except that where the action is due to failure to comply with the conditions of the conditional use grant, the City Council may require complete termination of such use.

(3)

Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Zoning Administrator. If in the opinion of the Zoning Administrator such change or addition constitutes a substantial alteration based on the standards set forth, a public hearing before the Plan Commission shall be required and notice thereof be given pursuant to § 660-209, Public hearings, of this chapter.

Application Materials

Conditional Use

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Frequently Asked Questions

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The review process for a development application includes a public hearing. What's that?

A public hearing is intended to allow the petitioner the opportunity to describe their proposed project and interested parties the opportunity to share their concerns with the reviewing authority. While all public comments are welcome, speakers should focus on those elements of the project that are within the review authority's scope of authority. Consistent with established policies, public comments may be limited in duration to make sure everyone can be heard.

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What is a determination of completeness?

When we receive a development application, staff will review the materials to make sure the application submittal is complete and ready for formal review. If an application submittal is not complete, staff will notify the applicant and describe the parts that are not complete.

A determination that an application is complete means the application is ready for formal review and does not suggest the applicant has provided sufficient information in all regards or preclude the reviewing authority from requesting additional information it deems appropriate.

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What is a developer's deposit?

For some types of development reviews, the City requires an upfront payment that is used to pay for the time spent by the City engineer, attorney, planner, or other professional in reviewing the application. In that way, City taxpayers aren't paying for the cost of development activities. The amount of the deposit is determined on a case-by-case basis. Any money left in the deposit will be returned after the review has been completed.

View all Frequently Asked Questions

Primary Staff Contact

Stephanie Potter

608-617-5691

[email protected]

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