Zoning Code | Procedures - Conditional Use

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 4 of Article 6 describes the requirements and procedures for reviewing a conditional use, including an amendment of an approved conditional use.

Application fee: $495, plus any professional charge-back fees related to the review of the application

Submittal deadline: The zoning administrator must determine the application is complete and ready for review at least 4 weeks before the Plan Commission meeting, which is typically held the first Monday of the month.

Decision maker(s): Plan Commission makes a recommendation and the Town Board makes the final decision

Basis of decision: See s. 500.224 of the zoning code

Review process:
  1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the zoning administrator to review (i) applicable regulations and procedures, (ii) applicable sections of the town’s comprehensive plan, and (iii) 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 town’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 Town Board.
  3. Staff review. Within 10 days of receiving the application and other required materials, the zoning administrator shall either schedule a date for the public hearing with the plan commission if the application is deemed complete or make a determination that the application is incomplete and notify the applicant in writing of the deficiencies and that the applicant has 3 months from the date of such determination to resubmit the application or forfeit the application fee, if any. 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. General notice. Consistent with division 2 of article 5, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice.
  5. 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 Town Board, the applicant, and any other interested person upon request.
  6. Public hearing. Allowing for proper notice, the Plan Commission and Town Board shall conduct a joint public hearing consistent with division 3 of article 5. Prior to the close of the public hearing, the applicant, the Plan Commission, or the Town Board may request a continuance consistent with division 3 of article 5. If a continuance is granted, the Plan Commission may direct the zoning administrator to conduct additional research related to the proposed district. The Plan Commission shall not render a decision at the meeting.
  7. Staff follow-up. After the close of the public hearing, the Plan Commission may direct the zoning administrator, town engineer, and/or the town attorney to prepare such documents it deems necessary, including a preliminary decision document.
  8. Decision. At a subsequent meeting but no later than 40 days after the public hearing, the Town Board after considering the comments and the staff report shall make a decision based on the decision criteria contained in this division to (i) approve the conditional use, (ii) approve the conditional use with conditions, or (iii) deny the conditional use.
  9. Preparation of decision notice. Based on the action of the Town Board, the zoning administrator shall prepare a decision notice consistent with this division.
  10. Applicant notification. Within a reasonable time following the Town Board’s decision, the zoning administrator shall mail the decision notice to the applicant by regular mail.
  11. Acceptance by property owner required. If an approval includes one or more condition of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions 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 town clerk requesting an extension and the Town Board 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 town. The decision notice shall only become effective when all required signatures have been obtained and the original signature copy is returned to the town clerk.
  12. Public record copy. A duplicate copy of the decision notice shall be retained as a public record.