[Amended 8-17-2010 by Ord. No. 2010-03; 2-23-2016 by Ord. No. 2016-03; 8-21-2018 by Ord. No. 2018-07]
A special exception is a use or structure that may not be appropriate
generally or without restriction throughout a district but which,
if controlled as to number, area, location or relation to neighborhood,
would promote the public health, safety, welfare, comfort, convenience
or the general welfare. Such uses or structures may be permissible
in a zoning district as a special exception only if specific provision
for such use or structure is made in the district. A special exception
shall not be issued for any other use or structure.
All applications for a special exception shall be submitted
to the Administrator. A site plan is required for all applications
and shall be submitted coincident with the application. The application
may also be accompanied by any other material or information necessary
to demonstrate that the grant of a special exception will be in harmony
with the general intent and purpose of this chapter and will not be
injurious to the neighborhood or otherwise detrimental to the public
interest. The Administrator shall refer all applications and accompanying
materials to the Plan Commission.
Upon the filing of an application for a special exception, the
Plan Commission shall fix a reasonable time (not more than 45 days
from the filing date) for a public hearing. A Class 2 notice, pursuant
to Ch. 985, Wis. Stats., shall be published, specifying the date,
time and place of hearing and the matters to come before the Plan
Commission. Notice shall be mailed to parties in interest, as determined
by the Plan Commission.
An appeal shall be requested in writing by the applicant to
the Administrator not more than 30 days from the final decision. Any
hearing required under this section shall be conducted as described
below.
A.
The Board of Appeals Chairperson shall open the hearing and make
a concise statement of its scope and purposes. Appearances shall be
entered on the record. Any official or employee of the Town of Buchanan
and any other person may participate in the hearing. Any person desiring
to participate in the hearing, whether on his or her own behalf or
as an authorized agent or attorney, shall enter an appearance in person
by giving his or her name and address, the name and address of the
person being represented, and the capacity in which he or she is representing
such person.
B.
Persons entering an appearance may make statements, offer evidence
or ask questions concerning the matter to be heard. Such statements
need not be made under oath. The Chairperson shall determine the order
in which people may speak and may limit the length of the presentations
if it appears there will not be enough time for all who wish to speak
or if presentations are unduly repetitious. Statements may be presented
in oral or written form.
C.
The hearing shall be recorded by an electronic recording device.
A.
Where by the terms of this chapter certain conditions and requirements
are specified for a special exception use or structure, such conditions
and requirements must be imposed by the Plan Commission and Town Board.
In addition to the conditions and requirements specified by the terms
of this chapter, the Plan Commission may recommend and the Town Board
may impose appropriate additional conditions and requirements as deemed
necessary to ensure the proposed use or structure will serve the objectives
of this chapter and promote the public health, safety, comfort, convenience
and general welfare. The requirements and conditions must be reasonable
and, to the extent practicable, measurable. The requirements and conditions
must be based on substantial evidence consisting of facts and information.
B.
The following general conditions and requirements shall apply to
all special exception applications:
(1)
The proposed use or structure shall be compatible in scale and intensity
with surrounding property including but not limited to traffic-generated
noise, lighting, hours of operation and other externalities.
(2)
The design and layout of the proposed use are compatible with existing
and future permitted uses and structures of surrounding properties.
Generally, a buffered perimeter shall be provided.
(3)
Ingress and egress access shall be located and designed to minimize
traffic hazards and congestion.
(4)
Adequate public facilities and services are available or will be
provided for the proposed use.
The Town Board shall keep a record of its proceedings under
this section, all of which shall be filed immediately as public records.
All decisions under this section shall be taken by resolution in which
a majority of the Town Board members must concur. Every final decision
under this section shall be in writing accompanied with the reasons
for the final decision. The decision to approve or deny must be supported
by substantial evidence.
A.
A special exception shall become effective upon approval of the Town
Board. A record of the special exception shall be filed with the Town
Clerk.
B.
A special exception shall expire if a building permit is required
but has not been obtained within 12 months of special exception approval.
C.
Failure to comply with any condition and requirement placed on a
special exception shall be deemed a violation of the Zoning Code.
