The Town Board may authorize the Town Clerk to issue a conditional
use permit for conditional uses as specified herein after review and
a public hearing by the Planning and Zoning Committee and approval
by the Town Board, provided that such conditional uses and structures
are in accordance with the purpose and intent of this chapter and
are found to be not hazardous, harmful, offensive, or otherwise adverse
to the environment or property values within the Town of Milton.
Applications for conditional use permits shall be made to the
Town Clerk or designee on forms furnished by the Town Clerk or designee
and shall include the following for proper review by the Town:
A.
Names and addresses of the applicant and owner of the site; any architect,
professional engineer, or contractor who is or will be involved with
the creation of any land division or structure to be used in carrying
out the proposed conditional use; and all property owners within 1,000
feet of the parcel in question.
B.
Description of the subject site by lot, block, and recorded subdivision
or by metes and bounds; address of the subject site; type of any structure
to be created for the proposed conditional use; proposed operation
or use of any structure or site; number of employees, if any; and
the zoning district within which the subject site is located.
C.
If the proposed conditional use will involve a land division or if the use is to be carried out on a parcel that already exists as a part of a platted subdivision or is represented by a certified survey map, a preliminary plat of survey prepared by a registered land surveyor showing all of the information required under § 400-62 for a building permit and, in addition, the mean and historic high water lines and floodplains on or within 40 feet of the subject premises and existing and proposed landscaping.
D.
Additional information as may be required by the Building Inspector,
Planning and Zoning Committee, or Town Board.
The Planning and Zoning Committee and Town Board shall review
the site, existing and proposed structures, architectural plans, neighboring
uses, parking areas, driveway locations, highway access, traffic generation
and circulation, drainage, sewerage and water systems, and the proposed
plan of operation. In addition:
A.
Conditions, such as landscaping, architectural design, type of construction,
construction commencement and completion, dates, sureties, lighting,
fencing, planting screens, operational control, hours of operation,
improved traffic circulation, deed restrictions, highway access restrictions,
increased yards, parking requirements, or other conditions not specifically
listed, may be required by the Town Board upon its finding that these
are necessary to fulfill the purpose and intent of this chapter. Violation
on any of these conditions shall be deemed a violation of this chapter.
B.
Compliance with all other provisions of this chapter, such as lot
width and area, yards, height, parking, loading, traffic, and highway
access shall be required of all conditional uses.
C.
Amendments. Changes subsequent to the initial issuance of a conditional use permit that would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this article including the payment of a conditional use permit fee as described in § 400-58.
D.
Notification of each conditional use permit granted shall be transmitted
to the Rock County Planning and Development Agency.
E.
The procedure for issuance of a building permit for a mobile tower shall be as set forth in § 400-120 of this chapter and, to the extent the conditions for issues of a building permit under this section are inconsistent with that section or contrary to Wis. Stats. § 66.0404, the provisions of that section and that statute shall apply.
[Added 3-18-2014 by Ord.
No. 2014-3]
Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the Town Board or should the use or characteristics of the use be changed without prior approval by the Town Board, the conditional use permit may be revoked. The Town Board may initiate revocation of a conditional use permit by giving notice to the holder of the permit as provided in § 400-56 of this chapter and holding a public hearing prior to taking action.
A.
In considering a conditional use permit application, the Planning
and Zoning Committee and Town Board shall review and make affirmative
findings and adopt a statement of reasons in support of the affirmative
findings on each of the following standards prior to issuing a conditional
use permit:
(1)
That the amount of land is limited to a quantity no more than reasonably
necessary to accommodate the proposed use.
(2)
That the proposed use is compatible with existing or future roads
giving access to it.
(3)
That the proposed use is compatible with existing uses on land in
the neighborhood and local area, whether in the same zoning district
or in the Town.
(4)
That the proposed use is in harmony with future development in the
neighborhood and local area, whether in the same zoning district or
in the Town.
(5)
That the proposed use is compatible with existing topography, drainage,
soils types, and vegetative cover.
(6)
That the proposed use is compatible with the public interest, the
purpose and intent of this chapter, and substantial justice to all
parties concerned.
B.
Any proposed use that will involve the removal of agricultural soil
from production, or will prevent the use of land for growing crops,
shall be placed on that portion of a parcel that contains the poorest
quality agricultural soils or that portion of the parcel that would
be the least productive for agricultural purposes.
C.
No conditional use permit shall be issued for any use that might
result in damage to Town roads, including, but not limited to, the
operation of an agribusiness or gravel extraction operation or the
use of sewage sludge for fertilizer purposes, unless the Town Board
is assured that adequate provision for repair of potential damages
has been made. Such adequate provision may include a performance bond,
an irrevocable letter of credit, or cash deposit assuring that any
damage to the road caused by the applicant will be repaired or reconstructed
at the applicant's full expense, which will protect the Town against
any expense due to the inability or refusal of the applicant to repair
any damage to the road.
D.
Conditional use permits are assigned to a parcel of land or a particular
location on the parcel, not the person who owns the land. Conditional
use permits are revocable by majority vote of the Town Board if the
conditional use is not completely established within one year of the
date it is approved by the Town, the conditional use is not actively
utilized for a period of six months, conditions of approval are not
being met, or the conditional use is expanded without Town Board approval.
E.
The owner of a parcel of land upon which a conditional use permit
has been issued may voluntarily surrender said permit with the consent
of the permit user and the approval of the Town Board, whereupon the
permit shall terminate and no longer run with the parcel.
In considering a conditional use permit application in the A-1 District, the Planning and Zoning Committee and Town Board shall review and make affirmative findings and adopt a statement of reasons in support of the affirmative findings on each of the standards in § 400-54A, as well as review and make affirmative findings and adopt a statement of reasons in support of the affirmative findings on each of the following standards prior to issuing a conditional use permit:
A.
That the proposed use does not have the potential for conflict with
agricultural uses.
B.
That there are no alternative locations available.
C.
That the proposed use is in a location that will reduce to a minimum
the amount of productive agricultural land converted.
D.
That there are adequate public services available or that the affected
local units of government would be able to provide the services without
an unreasonable burden.
E.
That the proposed use will not have a negative impact on water or
air quality, soil erosion, and rare or irreplaceable natural resources.
A.
The Town Planning and Zoning Committee shall hold a public hearing
upon each application for a conditional use permit.
B.
Notice of public hearings shall be mailed by the Town Clerk to all
parties-in-interest at least 10 days before the hearing. "Parties-in-interest"
shall be defined as the applicant, the clerk of any municipality whose
boundaries are within 1,000 feet of any lands included in the petition,
and the owners of all lands included in the petition and all lands
lying within 1,000 feet of lands included in the petition. This notification
shall specify the date, time, place, and matters to be considered
at said hearing.
C.
Notice of any public hearing which the Town Planning and Zoning Committee
is required to hold under the terms of this article shall be published
as Class 1 notice under Ch. 985, Wis. Stats., listing the date, time,
place, and proposed conditional uses.
The Planning and Zoning Committee shall review all applications for conditional use permits within the limits of the Town following the public hearing and shall recommend to the Town Board that the application be granted as requested, modified with conditions, or denied. The Committee's review of the application shall consist of a review of the relevant sections of this chapter, including the standards set forth in §§ 400-54 and 400-55 and Article VII of this chapter; a review of the relevant sections of the Town Land Use and Transportation Plan text and map; and consideration of the comments and suggestions made by the people speaking at the public hearing. The recommendation shall be made at a properly noticed meeting subsequent to the meeting at which the application is first submitted.
The applicant shall pay a fee as set by the Town Board by separate
resolution from time to time as deemed appropriate. The Town Board
may retain an attorney, planner, engineer, architect or other professional
consultants to advise the Town Board and/or Planning and Zoning Committee
on any or all aspects of the conditional use request. The cost of
hiring these professionals shall be borne by the applicant.
The Town Board shall vote to approve or deny the conditional use permit with any conditions attached after careful consideration of the Town Planning and Zoning Committee recommendation; a review of the relevant sections of this chapter, including the standards set forth in §§ 400-54 and 400-55 and Article VII of this chapter; a review of the relevant sections of the Town Land Use and Transportation Plan text and map; and consideration of the comments and suggestions made by the people speaking at the public hearing.
