Conditional Use

Purpose of a Conditional Use

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.

Applicability

There are certain uses, which because of their unique characteristics make impractical the predetermination of permissibility. In these cases, specific standards, regulations, or conditions may be established.

Limited Conditional Use

Limited conditional uses are those in which the Common Council has found that any of the following should be of lesser permanence than regular conditional uses, and the duration or term of existence may be established until time certain or be limited to a future happening or event at which time the same shall terminate:

  1. Their particularly specialized nature.
  2. Their particular locations within a district.
  3. The peculiar unique relationships or needed compatibility of uses to involved individuals.
  4. Any other reason(s) the Common Council deems specially relevant and material to delimit the scope thereof.

Process

  1. Initiation of Request: Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.
  2. Application: An application shall contain a map, written description of the proposal, site plan, and written justification.
  3. Review by Zoning Administrator: Shall determine whether the application is complete and fulfills the requirements of this Chapter, coordinate a review with the DRT, evaluate the proposal, and write a report to be forwarded to the Plan Commission.
  4. Public Hearing: Within 50 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with Section 18-158 to consider the request.
  5. Review and Recommendation by the Plan Commission: Within 60 days after the public hearing, the Plan Commission may make a written report to the Common Council, and/or may state in the minutes its recommendations regarding the application.
  6. Review and Action by Common Council