Zoning Code | Permit Center | Conditional Use

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Conditional Use
Description: Although each zoning district is primarily intended for a predominant type of land use, there are a number of land uses that may be appropriate under certain conditions. These are referred to as conditional uses. 

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

Review process by Planning Commission:
  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 City’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 City’s zoning requirements.
  2. Submittal of application materials. The applicant submits 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. Determination of completeness. The zoning administrator reviews the submittal within 10 days of receiving the application and other required materials to make sure it is complete and ready for further review. If it is not complete, the zoning administrator will notify the applicant in writing of such deficiencies and that the applicant has 3 months from the date of the notice to resubmit the application or forfeit the application fee. The zoning administrator will take no further steps to process the application until the deficiencies are remedied. The incomplete application is retained as a public record.
  4. Review date. When the zoning administrator determines the application is complete, he or she schedules the review with the Common Council and the Planning Commission consistent with its adopted calendar.
  5. 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 calendar days before the date of the public hearing.
  6. General notice. Consistent with Division 2 of Article 4, the zoning administrator shall provide for a class 2 public notice, property owner notice, and meeting agenda notice.
  7. Staff report preparation and distribution. The zoning administrator prepares a written staff report as described in this division and provides a copy of it to each member of the Planning Commission and Common Council, the applicant, and any other interested person upon request.
  8. Public hearing. Allowing for proper notice, the Planning Commission conducts a joint public hearing to review the application consistent with Division 3 of Article 4. Prior to the close of the public hearing, the applicant or the Planning Commission may request a continuance consistent with Division 3 of Article 4. If the public hearing  is adjourned, the Planning Commission may direct the zoning administrator, the city engineer, and/or city attorney to conduct additional research. In addition, the Planning Commission may direct the zoning administrator to prepare such documents it deems necessary, including a preliminary decision document.
  9. Staff follow-up. After the close of the public hearing, the Planning Commission may direct the zoning administrator to prepare a preliminary decision document.
  10. Recommendation. After considering all of the information submitted by the applicant, public comments received at the public hearing, and the staff report, the Planning Commission makes a recommendation 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.
  11. City Council meeting. Allowing for proper notice, the City Council shall consider the application at a regular or special meeting.
  12. Decision. After considering all of the information submitted by the applicant, public comments received at the public hearing, the staff report, and the Planning Commission’s recommendation, the City Council makes a decision to (i) approve the conditional use, (ii) approve the conditional use with conditions, or (iii) deny the conditional use.
  13. Preparation of final decision document. Based on the action of the Common Council, the zoning administrator prepares a final decision document consistent with this division.
  14. Applicant notification. Within a reasonable time following the Common Council’s decision, the zoning administrator mails the decision document to the applicant by regular mail.
  15. Notification to Department of Natural Resources. If the application relates to the floodplain regulations in this chapter, the zoning administrator mails a copy of the decision document to the regional office of the Wisconsin Department of Natural Resources within 10 calendar days of the date of decision.
  16. Acceptance by property owner. If the application is approved, the property owner must sign the decision document 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 zoning administrator may, with cause, extend the period within which the decision document must be signed. If the signed decision document 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 document shall only become effective when all required signatures have been obtained and the original signature copy is returned to the zoning administrator.
  17. Public record copy. A duplicate copy of the decision document is retained as a public record.
  18. Recording of decision document. If the property owner returns the decision document within the required time period with the required signatures, the zoning administrator records the decision document against the subject property in the office of the Wood County register of deeds.
  19. Administrative steps. If the conditional use is approved and the zoning administrator has created a map showing conditional uses, the zoning administrator adds the conditional use to that map.
Application Fee
$250
Upcoming Meetings
There are no upcoming dates at this time.
Application Materials
document icon Conditional Use Application