Zoning Portal | Procedures | Conditional Use Amendment

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Conditional Use Amendment
Description: Although each zoning district is 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” and are reviewed on a case-by-case basis to determine if the propose use is appropriate for the proposed location and the surrounding area.

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

Application fee: $950 for amendment of a prior approval

Submittal deadline: 4 weeks prior to the Plan Commission meeting (normally held the second and fourth Tuesday of each month)

Forms: All application forms are posted on the City's website (Licenses & Permits).
 
 
General review process:
  1. Preliminary Consultation. Before submitting an application, the applicant and/or their agent may meet with staff to review applicable regulations and procedures, applicable sections of the City’s comprehensive plan, and the proposed project.
  2. Submittal of application materials. The applicant submits an application and other required materials along with the application fee.
  3. Determination of completeness. Department staff reviews the submitted materials to determine if the application is complete. If the application is not complete, the applicant will be notified of incomplete or missing requirements.
  4. Plan Commission review. The City Plan Commission initially reviews the application to determine the appropriateness of the project. If approval is anticipated, the Plan Commission then reviews the Conditions and Restriction.
  5. Public notice. A public notice is published in the City's official newspaper at least once each week for two consecutive weeks, the last publication must be at least 7 days before the public hearing.
  6. Parties-in-interest notice. Department staff sends a notice of the public hearing via regular mail to parties-in-interest at least 10 days before the hearing. Parties-in-interest include (i) the applicant, (ii) the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the application, and (iii) the owners of all lands included in the application and all lands lying within 300 feet of lands includ­ed in the application. In addition, the Alderman of the district may request additional property owners be notified beyond the 300 feet.  
  7. Notice to DNR. A copy of the application is sent to the Wisconsin Department of Natural Resources (DNR) via certified mail if the con­ditional use is located in the C-1 Shoreland Wetland Conser­vancy District.
  8. Public hearing. The Common Council conducts a public hearing to accept public input.
  9. Common Council decision. The Common Council may subsequently approve and authorize the issuance of the conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application. If the Common Council wishes to make significant changes in the proposed conditional use as recommended by the Plan Commission, the Common Council needs to conduct a new public hearing with appropriate public notice. Final action on the application by the Common Council shall not be taken for 30 days from the date the DNR receives notice of public hearing or until the DNR has made its recommendation, whichever comes first.
  10. Final decision document. Department staff prepares a final decision document and/or conditional use permit. 
  11. Written decision sent to applicant. Department staff sends a copy of the decision and/or conditional use permit to the applicant.
  12. Acceptance. The applicant must sign the Conditions and Restrictions as approved by the Common Council before any additional reviews.
  13. Notification to DNR. A copy of the decision is sent to the Wisconsin Department of Natural Resources (DNR) if the con­ditional use is located in the C-1 Shoreland Wetland Conser­vancy District.

Note: This information is intended to highlight the key steps in the review procedure, and may therefore not include all of the details. Please refer to s. 17.1007 of the zoning code for a complete description of the process and related requirements.