CONDITIONAL USE PERMIT
(Commercial Truck Repair Facility)
1. For purposes of this conditional use permit ("Permit"),
the terms "Operator" and "Applicant"
shall mean or refer to United Heavy Truck Repair
("UHTR"). The term "Owner" shall
mean and refer to Tracy Bros. LLC ("Tracy Bros.")
as the owner of the parcel on which the Commercial
Truck Repair Facility ("CTRF") already
exists. The term "Permittee" shall mean
or refer to UHTR and Tracy Bros. jointly and severally.
The uses that are permitted by this Permit include
the following: engine repair and service, including
welding; chassis and brake alignments; parts fabricating;
post repair/service testing of work; the operation
and maintenance of the equipment customarily used
in such repair, service, alignment and fabrication;
and storage of fluids and parts customarily associated
with motor vehicle repair, fabrication and service
(collectively the "Permitted Uses"). Storage
of parts for salvage or fabrication may occur out
of doors, provided such storage is conducted in
a nuisance-free manner.
2. For purposes of this Permit, the term "Town"
shall mean or refer to the Town of Clyman, located
in Dodge County, Wisconsin. The acronym CZO means
the Clyman Zoning Ordinance.
3. For purpose of this Permit, the term CTRF shall
refer to and include Building 2 located on the 13.6
acre parcel at the SE ¼ of the NE ½
of Section 32, Town of Clyman, Dodge County, Wisconsin
(with the street address of N2797 State Highway
26, Dodge County, Wisconsin). The term "Property"
shall include the open spaces on the 13.6 acre parcel
where the CTRF is located.
4. All Permitted Uses, except post repair/service
testing or minor service and repair, shall take
place within the CTRF. Any Permitted Use, except
post repair/service testing or minor service and
repair, that occurs before 5:00 a.m. or after 10:00
p.m. shall be conducted with the doors to Building
5. Post repair/service testing conducted outdoors
on the Property may only occur after 5:00 a.m. and
before 10:00 p.m.
6. This Permit does not cover or authorize the
conducting of any operations not expressly identified
in this CUP.
7. The Owner and Operator shall defend, indemnify
and hold harmless the Town and its officials from
and against any and all claims, demands, losses,
suits, causes of action, damages, injuries, costs,
expenses and liabilities whatsoever, including attorney's
fees, arising out of the acts or omissions of the
Permittee under this Permit. The Owner or Operator
shall have the exclusive right to select defense
counsel for the Town pursuant to this provision.
8. On an ongoing basis, the Permittee shall be
responsible for obtaining all permits and approvals
required by other applicable federal, state and
county agencies for all activities conducted on
the Property associated with or as a result of the
CTRF. Copies of all permits, approvals and licenses
issued by such agencies shall be provided to the
Town Clerk including any future notices of such
agencies of alleged non-compliance. Violation of
such permits, approvals and licenses that go unreported
to the Town constitute violations of this Permit.
9. In the event either the Operator or Owner sells
or otherwise relinquishes control of or its ownership
interest in the CTRF to anyone or any entity, this
Permit may only continue in force if the Operator's
or Owner's successor agrees in writing, acknowledged
before a notary public, to be bound by all of the
terms and conditions of this Permit. Notwithstanding
the foregoing, a prospective new Owner or Operator
may seek in advance of any transfer of ownership
or operation a determination by the Board that one
or more conditions of this Permit may be modified.
An applicant for such a determination shall pay
the CUP application fee then in force.
10. The Zoning Administrator or the Administrator's
appropriate designee may enter the Property to ascertain
compliance or to investigate an alleged violation
of the terms of this Permit. Anyone inspecting pursuant
to this provision may at the Permittee's discretion
be escorted by the Operator or Owner (or their Designee)
and shall comply with all safety regulations imposed
by the Operator on its own employees. Refusal to
promptly allow inspection shall constitute noncompliance
with this CUP.
11. This Permit shall be reviewed by the Town Board
three (3) years after it is issued to verify ongoing
compliance with all of its material terms and conditions.
The Permittee shall cooperate with the Board in
that review by attending the public meeting and
responding to the Board's questions, if any. If,
based on the information gathered in conjunction
with the meeting, the Board determines that this
Permit is in need of modifications, additions or
deletions, the Board shall thereafter initiate the
procedures under the CZO appropriate for taking
12. Should any section, clause or provision of
this Permit be declared by any Court of competent
jurisdiction to be invalid, the same shall not affect
the validity of this Permit as a whole or any part
thereof, other than the part or parts so declared
to be invalid.
The Town Board of the Town of Clyman finds that
the existing CTRF will be in conformance with the
standards of approval under § 6.2 of the Town's
and the granting of this Conditional Use Permit
will not unreasonably interfere with the use, enjoyment
and retention of value of neighboring property in
the Town provided the conditions listed above are
satisfied and continue to be satisfied.
Dated: __________________, 2008 TOWN OF CLYMAN TOWN