§ 14.4. Special exception permits.

14.41.

Application for a special exception permit. Any use listed as a special exception in this appendix shall be permitted only after an application has been submitted to the zoning administrator and a special exception permit has been granted by the board of adjustment.

14.42.

Standards applicable to all special exceptions. In passing upon a special exception permit, the board of adjustment shall evaluate the effect of the proposed use upon:

(1)

The maintenance of safe and healthful conditions.

(2)

The prevention and control of water pollution including sedimentation.

(3)

Existing topographic and drainage features and vegetative cover on the site.

(4)

The location of the site with respect to floodplains and floodways of rivers and streams.

(5)

The erosion potential of the site based upon degree and direction of slope, soil type and vegetative cover.

(6)

The location of the site with respect to existing or future access roads.

(7)

The need of the proposed use for a shoreland location.

(8)

Its compatibility with uses on adjacent land.

(9)

The amount of liquid wastes to be generated and the adequacy of the proposed disposal systems.

(10)

Location factors under which:

(a)

Domestic uses shall be generally preferred.

(b)

Uses not inherently a source of pollution within an area shall be preferred over uses that are, or may be, a pollution source.

(c)

Use locations within an area tending to minimize the possibility of pollution shall be preferred over use locations tending to increase that possibility.

(d)

The board of adjustment shall evaluate applications according to the provisions of section 6.4 and may request the county land conservation committee to make available expert assistance from those state and federal agencies which are assisting said committee under a memorandum of understanding.

14.43.

Conditions attached to special exceptions. Upon consideration of the factors listed above, the board of adjustment shall attach such conditions, in addition to those required elsewhere in this appendix, as are necessary to further the purposes of this appendix. Violations of any of these conditions shall be deemed a violation of this appendix. Such conditions may include specifications for, without limitation because of specific enumeration: type of shore cover; increased setbacks and yards; specific sewage disposal and water supply facilities; landscaping and planting screens; period of operation, operational control; sureties; deed restrictions; location of piers, docks, parking and signs; and type of construction. To secure information upon which to base its determination, the board of adjustment may require the applicant to furnish, in addition to the information required for a zoning permit, the following information:

(1)

A plan of the area showing contours, soil types, ordinary high water marks, groundcover, slope and vegetative cover.

(2)

Location of buildings, parking areas, traffic access, driveways, walkways, piers, open space and landscaping.

(3)

Plans of buildings, sewage disposal facilities, water supply systems and arrangement of operations.

(4)

Specifications for areas of proposed filling, grading, lagooning or dredging.

(5)

Other pertinent information necessary to determine if the proposed use meets the requirements of this appendix.

14.44.

Notice and public hearing. Before passing upon an application for a special exception permit, the board of adjustment shall hold a public hearing. Notice of such hearing, specifying the time, place and matters to come before the board [of adjustment], shall be given as a Class 2 notice under chapter 985, Wisconsin Statutes [Wis. Stats. ch. 985], and notice shall be mailed to the appropriate district and area office of the department at least ten days prior to the hearing. The board [of adjustment] shall state in writing the grounds for refusing a special exception permit.

14.45.

Fees. The applicant, upon filing his application, shall pay a fee to the zoning administrator in accordance with the following schedule; fees may be reviewed and adjusted semi-annually by the appropriate committee:

(1)

Zoning permits.

(2)

Building permits.

(3)

Certificates of compliance.

(4)

Planned residential unit development reviews.

(5)

Public hearings.

(6)

Legal notice publications.

(7)

Special exception (conditional use) permits.

14.46.

Recording. When a special exception permit is approved, an appropriate record shall be made of the land use and structures permitted and such permit shall be applicable solely to the structures, use and property so described. A copy of any decision on a special exception permit shall be mailed to the appropriate district and area office of the department within ten days after they are granted or denied.

14.47.

Revocation. Where the conditions of a special exception permit are violated, the special exception permit shall be revoked by the board of adjustment.