Zoning Code | Procedures | 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 uses that may be appropriate under certain conditions. These are referred to as “conditional uses.” Section 17.42 of the zoning code describes the requirements and procedures for reviewing a conditional use, including an amendment of an approved conditional use.

Initiation: An applicant or agent may submit an application for a conditional use permit. The owner of the subject property must acknowledge the application by signing the application form.

Decision-maker(s): The Plan Commission makes a recommendation on the application to the Village Board, which makes the final decision.

Review process:
  1. Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures, applicable sections of the Village’s comprehensive plan, and the proposed project.
  2. Submittal of application materials. The applicant submits an application and other required materials to the Zoning Administrator along with the application fee as established by the Village Board.
  3. Determination of completeness. The Zoning Administrator reviews the submitted materials to determine if the application is complete. If the application is not complete, the Zoning Administrator will notify the applicant of incomplete or missing requirements.
  4. Distribution to staff, as appropriate. The Zoning Administrator sends copies of the application to Village staff and departments as appropriate, including the Department of Public Works, Fire Department, Police Department, engineer, and building inspector.
  5. Public notice. The Zoning Administrator publishes a public notice in the local newspaper; two times in different weeks.
  6. Property owner notice. The Zoning Administrator sends a notice to the owners or occupants of the properties lying within the Village of Germantown and 1,000 feet outward from the exterior boundary of the area proposed to be rezoned and any undeveloped parcels greater than 10 acres abutting the area to be rezoned. 
  7. Notice to specified municipalities. The Zoning Administrator sends a notice to the clerk of any municipality if the project is located within 1,000 feet of the Village’s municipal boundary (at least 10 days before the hearing).
  8. Notice to DNR. The Zoning Administrator sends a notice to the regional office of the DNR if the project is in a floodplain or shoreland-wetland zoning district (at least 10 days before the hearing).
  9. Staff report. The Zoning Administrator prepares a staff report and provides a copy to each member of the Plan Commission and Village Board, the applicant, and any other interested person upon request.
  10. Public hearing and recommendation. The Plan Commission conducts a public hearing  and makes a recommendation to the Village Board  when the application is deemed complete.
  11. Draft decision document. The Zoning Administrator prepares a draft resolution based on the recommendation of the Plan Commission. 
  12. Village Board decision. The Village Board makes a decision based on the decision criteria to (1) approve the conditional use, (2) approve the conditional use with conditions, or (3) deny the conditional use. If the Village Board wishes to make significant changes in the proposed conditional use as recommended by the Plan Commission, the Village Board needs to conduct a new public hearing with appropriate public notice.
  13. Final decision document. The Zoning Administrator prepares the resolution as approved by the Village Board. 
  14. Written decision sent to applicant. The Zoning Administrator sends a copy of the decision to the applicant.
  15. Notification to DNR. The Zoning Administrator sends a copy of the decision to the regional office of the DNR if the project is located in a floodplain  zoning district or shoreland-wetland zoning district (within 10 days of decision).
  16. Recording of decision. Decision document recorded at the Washington County register of deeds office, except for temporary uses.
     
Note: This description is intended to highlight the key steps in the review procedure, and may not include all of the details. Please refer to above referenced section of the zoning code for a complete description of the process and related requirements.
Application fee: $1,460
Notes:
  1. All applications (including forms, fees, plans, reports, etc.) must be submitted AND deemed complete by Village Staff on or before the DEADLINE DATE in order to be scheduled on the corresponding MEETING DATE. Submitting an application on or even a few days before the DEADLINE DATE does NOT guarantee that the application will be deemed complete in time to be put on the agenda for the corresponding MEETING DATE. Incomplete applications will not be scheduled on an agenda regardless of when they are submitted. Applicants are encouraged to NOT wait until the DEADLINE DATE to submit an application. Pre-application discussions and/or meetings with Village staff are encouraged (or may be required) depending on the size or complexity of a project or application. Applications can be submitted to the Planning Department on any day during normal business hours but not later than 4:00 p.m. on the DEADLINE DATE.
  2. Applications submitted after 4:00 p.m. or within 2 days after a DEADLINE DATE may be deemed complete and added to the agenda for the next available MEETING DATE with payment of an additional late fee depending on available staff time.
  3. Meeting dates and their corresponding submittal dates are subject to change.
Application Materials
document icon Conditional Use