Village of Darien, WI Procedures

§ 17.72.010 Purpose of procedural regulations.

[Prior code § 17.1101]

The purpose of this chapter and Chapter 17.70 is to establish the procedural requirements for zoning text amendments, zoning map amendments, conditional use review and approval, sign permits, site plan review and approval, certificates of occupancy, variances, zoning provision interpretations by the Zoning Administrator, appeals of zoning provision interpretations to the Zoning Board of Appeals, and planned unit development review and approval.

§ 17.72.020 Amendment of zoning regulations.

[Prior code § 17.1102]

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of this title. (Refer to the requirements of Wisconsin Statutes 62.23(7)(d)).

Initiation of Request for Amendment to this Title. Proceedings for amendment of this title may be initiated by any one of the following three methods:

An application by any member of the general public;

A recommendation of the Plan Commission; or

By action of the Village Board.

Application Requirements. All applications for proposed amendments to this title, regardless of the party of their initiation per Subsection B of this section shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless such certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 10 copies of the complete application as certified by the Zoning Administrator. The complete application shall be comprised of all of the following:

A copy of the portion of the current provisions of this title which are proposed to be amended, with the provisions clearly indicated in a manner which is clearly reproducible with a photocopier;

A copy of the text which is proposed to replace the current text: and

As an optional requirement, the applicant may wish to provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the recommendation of the comprehensive master plan, particularly as evidenced by compliance with the standards set out in Subsection (D)(3)(a) through (d) of this section.

Review by the Zoning Administrator. The proposed text amendment shall be reviewed by the Zoning Administrator as follows:

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this title. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this title, he or she shall return the application to the applicant. If the Zoning Administrator determines that the application is complete, he or she shall so notify applicant.

Upon notifying the applicant that his or her application is complete the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed text amendment provided in the application per Subsection (C)(1) through (3) of this section.

The Zoning Administrator may also evaluate the application to determine whether the proposed text amendment is in harmony with the recommendations of the comprehensive master plan, particularly as evidenced by compliance with the standards of Subsection (D)(3)(a) through (d) of this section.

How does the proposed text amendment further the purposes of this title as outlined in Section 17.02.030?

How does the proposed text amendment further the purposes of the specific section in which the amendment is proposed to be located?

Which of the following factors has arisen that are not properly addressed in the current zoning text?:

The provisions of this title should be brought into conformity with the comprehensive plan. (If a factor related to the proposed amendment, note pertinent portions of the comprehensive plan.);

ii.

A change has occurred in the land market, or other factors have arisen which require a new form of development, a new type of land use, or a new procedure to meet such change(s);

iii.

New methods of development or providing infrastructure make it necessary to alter this title to meet these new factors;

iv.

Changing governmental finances require amending this title in order to meet the needs of the government in terms of providing and affording public services.

If the proposed text amendment is concerned with the provisions of Chapters 17.30 through 17.54: How does the proposed amendment maintain the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts?

The Zoning Administrator shall forward the report per Subsection (D)(2) of this section, and if it has been prepared, the report per Subsection (D)(3) of this section, to the Plan Commission for the commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the comprehensive master plan, the Zoning Administrator shall note this determination in the report.

Review and Recommendation by the Plan Commission. The Village Board shall not make an amendment to this title without allowing for a recommendation from the Plan Commission per the provisions of this section.

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. The notice shall contain a description of the proposed text change. In addition, at least 10 days before the public hearing, the Village Clerk shall mail an identical notice to the applicant, and to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this title. Failure to mail the notice, provided it is unintentional, shall not invalidate proceedings under this section.

Within 60 days after the public hearing (or within an extension of such period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission may make a written report to the Village Board and/or shall state in the minutes, its findings regarding Subsection D of this section, and its recommendations regarding the application as a whole. The report and/or minutes shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (D)(3)(a) through (d) of this section.

If the Plan Commission fails to make a report within 60 days after the filing of the complete application (and in the absence of an applicant-approved extension per Subsection (E)(2) of this section), then the Village Board may hold a public hearing within 30 days after the expiration of the sixty-day period. Failure to receive the written report from the Plan Commission per Subsection (E)(1) of this section, shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of Subsection (E)(1) of this section.

If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection (D)(3)(a) through (d) of this section, after taking into consideration the proposal by the applicant.

Review and Action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed text amendment. The board may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant. The board may take final action on the application at the time of its initial meeting, or may continue the proceedings, at the board's, or the applicant's request. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. If the Village Board wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to board action. Any action to amend the provisions of proposed amendment requires a majority vote of the board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.030 Amendment of the official zoning map.

[Prior code § 17.1103]

Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of the official zoning map. (Refer to the requirements of Wisconsin Statutes 62.23(7)(d)).

Initiation of Request for Amendment to Official Zoning Map. Proceedings for amendment of the official zoning map may be initiated by any one of the following three methods:

An application of the owner(s) of the subject property;

A recommendation of the Plan Commission; or

By action of the Village Board.

Application Requirements. All applications for proposed amendments to the official zoning map, regardless of the party of their initiation per Subsection B of this section, shall be filed in the office of the Zoning Administrator, and shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 10 copies of the complete application as certified by the Zoning Administrator. The application shall be comprised of the following:

A map of the subject property showing all lands for which the zoning is proposed to be amended, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as they appear on the current tax records of the Village. The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the Village as a whole; and

As an optional requirement, the applicant may wish to provide justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with recommendations of the master plan, particularly as evidenced by compliance with the standards set out in Subsection (D)(3)(a) through (c) of this section.

Review by the Zoning Administrator. The proposed amendment to the official zoning map shall be reviewed by the Zoning Administrator as follows:

Upon notifying the applicant that his or her application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application per Subsection (C)(3) of this section.

The Zoning Administrator may also evaluate the application to determine whether the proposed zoning map amendment is in harmony with the recommendations of the comprehensive master plan, particularly as evidenced by compliance with the standards of Subsection (D)(3)(a) through (c) of this section:

How does the proposed official zoning map amendment further the purposes of this title as outlined in Section 17.02.030 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA)?

Which of the following factors has arisen that are not properly addressed on the current official zoning map?:

The designations of the official zoning map should be brought into conformity with the comprehensive plan;

ii.

A mistake was made in mapping on the official zoning map. (That is, an area is developing in a manner and purpose different from that for which it is mapped.) Note: If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the Village may intend to stop an undesirable land use pattern from spreading;

iii.

Factors have changed, (such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district;

iv.

Growth patterns or rates have changed, thereby creating the need for an amendment to the official zoning map.

How does the proposed amendment to the official zoning map maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

The Zoning Administrator shall forward the report per Subsection (D)(2) of this section, and if it has been prepared, the report per Subsection (D)(3) of this section, to the Plan Commission for the commission's review and use in the making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the comprehensive master plan, the Zoning Administrator shall note this determination in the report.

Review and Recommendation by the Plan Commission. The Village Board shall not make an amendment to the official zoning map without allowing for a recommendation from the Plan Commission per the provisions of this section.

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days of the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. The notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least 10 days before the public hearing, the Village Clerk shall mail an identical notice to the applicant; to all property owners within 200 feet of the boundaries of the subject property as identified in Subsection (C)(1) of this section; and to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this title. Failure to mail the notice, provided it is unintentional, shall not invalidate proceedings under this section.

Within 60 days after the public hearing (or within an extension of the period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the Village Board stating its findings regarding Subsection D of this section, and its recommendations regarding the application as a whole. The report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection (D)(3)(a) through (c) of this section.

If the Plan Commission fails to make a report within 60 days after the filing of the complete application (and in the absence of an applicant-approved extension per Subsection (E)(2) of this section), then the Village Board may hold a public hearing within 30 days after the expiration of the sixty-day period. Failure to receive the written report from the Plan Commission per Subsection (E)(2) of this section, shall not invalidate the proceedings or actions of the Village Board. If such a public hearing is necessary, the Village Board shall provide notice per the requirements of Subsection (E)(1) of this section.

If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection (D)(3)(a) through (c) of this section, after taking into consideration the proposal by the applicant.

Review and Action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed amendment to the official zoning map. The board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, and/or the applicant. The board may take final action on the application to the official zoning map at the time of its initial meeting, or may continue the proceedings, at the board's, or the applicant's request. The Village Board may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members) or may deny approval of the proposed amendment. If the Village Board wishes to make significant changes in the proposed amendment to the official zoning map, as recommended by the Plan Commission, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to board action. Any action to amend the official zoning map requires a majority vote of the board. The Village Board's approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

Effect of Denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of the order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

Floodland District Boundary Changes Limited. The Village Board shall not permit changes to the floodland district boundaries that are inconsistent with the purpose and intent of this title or in conflict with the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA).

Changes in the floodway overlay district boundaries shall not be permitted where the change will increase the flood stage elevation by 0.1 foot or more, unless the applicant has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. The only way the 1.0 foot limit may be exceeded is through filing of a federal waiver for a specific project that necessarily exceeds the one foot increase in flood elevation. Applications for floodway overlay district changes shall show the affects of the change within the associated flood fringe, and shall provide adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.

Changes in the floodplain conservancy overlay district boundaries shall not be permitted where the change will increase the flood stage elevation by 0.1 foot or more, unless the application has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. In no event shall a change be permitted that would increase the flood stage elevation by more than 1.0 foot. Applications for floodplain conservancy overlay district changes shall show the affects of the change within the associated flood fringe, and shall provide adjusted water surface profiles and adjusted water surface profiles and adjusted floodland limits to reflect the increased flood elevations.

Removal of land from the floodland districts shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the regional flood and provided that such land is contiguous to lands lying outside of the floodlands.

Amendment of floodlands which were delineated by approximate methods shall not be permitted unless the applicant provides the Village with engineering data showing the flood profile, necessary river cross-sections, flood elevations, and any effect the establishment of a floodway/flood fringe will have on flood stages. The effects shall be limited as set forth above for changes in Subsection (I)(1) of this section and Subsection (1)(2) of this section. If the approximate flood zone is less than five acres in area, and where the cost of the proposed development is estimated to be less than $125,000, the Department of Natural Resources (DNR) will assist the applicant in determining the required flood elevations.

No river or stream shall be altered or relocated until a flood-land zoning change has been applied for and granted in accordance with the requirements of this section, and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The flood carrying capacity of the altered or relocated watercourse shall not be reduced to less than the flood carrying capacity before the water-course was altered or relocated.

Notice to and approvals by DNR and FEMA. A copy of all notices for amendments or rezoning in the floodland districts shall be transmitted to the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA) at least 10 days prior to the public hearing. No amendments to the floodland district boundaries or regulations shall become effective until approved by the DNR and reviewed by the FEMA. In the case of floodland district boundary changes, an official letter of map amendment from the FEMA may also be required.

Amendments to Shoreland Districts.

The Village shall transmit a notice of any change (text or map) in the shoreland overlay zoning district to the Wisconsin Department of Natural Resources (DNR). Notice requirements shall be as follows:

A copy of every application for a text or map change mailed within five days of filing with the Village Clerk;

At least 10 days prior notice of any public hearing on a shoreland C-1 zoning amendment;

Notice of a Village Plan Commission recommendation no later than 10 days following the recommendation;

Notice of a Village Board decision no later than 10 days following the decision.

No wetland in the shoreland overlay district shall be rezoned if the rezoning may result in a significant adverse impact on storm or floodwater storage capacity; maintenance of dry season stream flow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland; filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery or feeding grounds; wildlife; habitat; or areas of special recreational, scenic or scientific interest, including scarce wetland types.

If the DNR has notified the Village Plan Commission that an amendment to the shoreland overlay zoning district may have a significant adverse impact upon any of the criteria listed in Subsection (J)(2) of this section, that amendment, if approved by the Village Board, shall contain the following provision:

This amendment shall not take effect until more than 30 days have elapsed since written notice of the Village Board's approval of this amendment was mailed to the Department of Natural Resources. During this thirty-day period, the Department of Natural Resources may notify the Village Board that it will adopt a superseding shore land ordinance for the Village pursuant to Section 62.231 of the Wisconsin Statutes. If the Department does so notify the Village Board, the effect of this amendment shall be stayed until the Section 62.231 adoption procedure is completed or otherwise terminated.

§ 17.72.040 Conditional use review and approval procedures.

[Prior code § 17.1104]

Purpose.

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.

Conditional uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this title. In addition to such potential, conditional uses also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan and on a case by case basis. In order to prevent this from occurring, all conditional uses are required to meet certain procedural requirements applicable only to conditional uses, in addition to the general requirements of this title and the requirements of the zoning district in which the subject property is located. A public hearing process is required to review a request for a conditional use.

Under this title, a proposed conditional use shall be denied unless the applicant can demonstrate, to the satisfaction of the Village, that the proposed conditional use will not create undesirable impacts on nearby properties, the environment, nor the community as a whole.

Initiation of Request for Approval of a Conditional Use. Proceedings for approval of a conditional use may be initiated by any one of the following three methods:

An application of the owner(s) of the subject property;

A recommendation of the Plan Commission; or

By action of the Village Board.

Application Requirements. All applications for proposed conditional uses, regardless of the party of their initiation per Subsection B of this section, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 10 copies of the complete application as certified by the Zoning Administrator. The complete application shall be comprised of all of the following:

A map of the subject property showing all lands for which the conditional use is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as the same appear on the current records of the register of deeds of Walworth County (as provided by the Village). The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the Village as a whole;

A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations;

A site plan of the subject property as proposed for development. The site plan shall conform to any and all the requirements of Section 17.72.060. If the proposed conditional use is a cluster development or a group development a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided the plat contains all information required on the site plan per Section 17.72.060;

The applicant shall provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in Subsection (D)(3)(a) through (f) of this section.

Review by the Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:

Upon notifying the applicant that his or her application is complete the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per Subsection (C)(5) of this section.

The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the comprehensive master plan, particularly as evidenced by compliance with the standards of Subsection (D)(3)(a) through (f) of this section:

How is the proposed conditional use (the use in general, independent of its location) in harmony with the purposes, goals, objectives, policies and standards of the comprehensive plan, this title, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the Village?

How is the proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the comprehensive plan, this title, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the Village?

Does the proposed conditional use, in its proposed location and as depicted on the required site plan (see Subsection (C)(4) of this section), result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this title, the comprehensive plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide development?

Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property?

Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property?

Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use (as identified in Subsection (D)(3)(a) through (e) of this section), after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts?

The Zoning Administrator shall forward the reports per Subsection (D)(2) and (3) of this section, to the Plan Commission for the commission's review and use in making its recommendation to the Village Board. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the comprehensive master plan, the Zoning Administrator shall note this determination in the report.

Review and Recommendation by the Plan Commission. The Village Board shall not approve a conditional use without allowing for a recommendation from the Plan Commission per the provisions of this section.

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, or by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of Section 62.23(7)(d) of the Wisconsin Statutes. The notice shall contain a description of the subject property and the proposed conditional use per Subsection (C)(1) and (3) of this section. In addition, at least 10 days before the public hearing, the Village Clerk shall mail an identical notice to the applicant; to all property owners within 200 feet of the boundaries of the subject property as identified in Subsection (C)(1) of this section; and to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this title. Failure to mail the notice or failure to meet the time requirements herein, provided it is unintentional, shall not invalidate proceedings under this section.

If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed conditional use, as identified in Subsection (D)(3)(a) through (f) of this section, after taking into consideration the proposal by the applicant.

Review and Action by the Village Board. The Village Board shall consider the Plan Commission's recommendation regarding the proposed conditional use. The board may request further information and/or additional reports from the Plan Commission, the Zoning Administrator, the applicant, and/or from any other source. The board may take final action on the application at the time of its initial meeting, or may continue the proceedings at applicant's request. The Village Board may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, its own members, and/or from any other source) or may deny approval of the proposed conditional use. If the Village Board wishes to make significant changes in the proposed conditional use, as recommended by the Plan Commission, then the procedure set forth in Section 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to board action. Any action to amend the provisions of proposed conditional use requires a majority vote of the board. The Village Board's approval of the proposed conditional use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.

Termination of an Approved Conditional Use. Upon approval by the Village Board, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per Section 17.72.060. Once a conditional use is granted, no erosion control permit, site plan approval (per Section 17.72.060), certificate of occupancy (per Section 17.72.070), or building permit shall be issued for any development which does not comply with all requirements of this title. Any conditional use found not to be in compliance with the terms of this title shall be considered in violation of this title and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Village Board, following the procedures outlined in Subsections B through G of this section.

Time Limits on the Development of Conditional Use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Village Board and shall be operational within 730 days of the approval. Failure to initiate development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as the granting of a certificate of occupancy for the conditional use. Prior to such a revocation, the applicant may request an extension of this period. The request shall require formal approval by the Village Board and shall be based upon a showing of acceptable justification (as determined by the Village Board).

Discontinuing an Approved Conditional Use. Any and all conditional uses which have been discontinued for a period exceeding 365 days shall have their conditional use invalidated automatically. The burden of proof shall be on the property owner to conclusively demonstrate that the subject conditional use was operational during this period.

Change of Ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any conditional use, without approval by the Village Board, shall be considered in violation of the zoning ordinance and shall be grounds for revocation of said conditional use approval per Subsection H of this section. For bed and breakfast land uses the granting of a conditional use permit shall be valid while the property is owned by the owner at time of conditional use approval.

Limited conditional uses are the same as regular conditional uses excepting that further, in the considered findings of the Village Board and the granting thereof, because of any of the following: Their particularly specialized nature, their particular locations within a district, the peculiar unique relationships or needed compatibility of uses to involved individuals, or any other reason(s) the Village Board deems specially relevant and material to delimit the scope thereof should be lesses permanence than regular conditional uses and the duration or term of existence may be established until time certain or be limited to a future happening or event at which time the same shall terminate.

Notice to the DNR. The Plan Commission shall transmit a copy of each application for a conditional use for conservancy regulations in the shoreland-wetland, floodway, floodplain conservancy, or floodway fringe overlay zoning districts to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the DNR within 10 days of the date of such decision.

Recording of Conditional Use Requirements. All documents associated with the written description, the approved site plan, and the specific requirements of approval (along with a legal description of the subject property), shall be recorded by the Village with the county register of deeds office upon payment by the applicant of all recording fees and related fees.

Fee. One or more fees are required for this procedure. See Section 17.74.050.

§ 17.72.050 Sign permit.

[Prior code § 17.1105]

Purpose. The purpose of this section is to provide a procedure and requirement for obtaining a sign permit prior to the erection of certain signs.

General Requirement. Unless specifically exempted by Chapter 17.62, no sign shall be erected, altered, or relocated after the effective date of this title until a sign permit has been secured from the Zoning Administrator.

Application Requirements. All applications for sign permits shall be made in writing on a form supplied by the Village Zoning Administrator. The application shall be submitted with all required information provided and shall contain or have attached thereto the following information:

The approved site plan for the subject property (per Section 17.72.060), (or if not previously required, a site plan for the subject property with requirements as determined by the Zoning Administrator), showing the location and dimensions of all buildings, structures, and signs on the subject property; the subject property boundaries; and the location of the proposed sign;

The configuration of the proposed sign listing the height, width, total square footage, method of attachment, method of illumination, and sign materials;

The subject property's zoning designation; and

The total area of all signs on the subject property both before and after the installation of the proposed sign.

Procedure. The Zoning Administrator shall review the submitted application for compliance with the requirements of Subsection C of this section. Upon the receipt of a complete application, the Zoning Administrator shall review the application for compliance with the requirements of this title.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.060 Site plan review and approval procedures.

[Prior code § 17.1106]

Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this section. Specifically, this section requires that the initiation of all development activity (including building permits, zoning certificates, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear cutting, grading or filling) require the approval of site, building and operational plans by the Village Plan Commission before the building, occupancy, and zoning permits can be issued, except, however, that development activity associated with an approved final plat of subdivision, or certified survey map for single-family and/or duplex/twin home dwelling units, and development activity associated with the full and complete implementation of a project approved within the PIP phase of the planned unit development district [PUD] is exempt from this requirement.

Procedure.

Initiation of Request for Approval of a Site Plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).

Pre-Application Meeting. The applicant shall first meet with the Zoning Administrator and other applicable Village staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the applicant on technical requirements and procedures, and a timetable for project review may be discussed.

Application for Site Plan Review. The applicant shall apply to the Zoning Administrator for the scheduling of an appearance before the Plan Commission. The Zoning Administrator shall notify the applicant of the date and time of the applicable Plan Commission meeting. The appearance before the Plan Commission shall not be scheduled unless the application is approved as complete by the Zoning Administrator per the requirements of Subsection C of this section. The review of the submitted application shall be completed within 10 working days of application submittal. Once the application is approved as complete, the Zoning Administrator shall schedule an appearance before the Plan Commission a minimum of two weeks from the date of complete application acceptance. At time of acceptance and meeting scheduling, the Zoning Administrator shall forward two copies of the complete application (as provided by the applicant) to the Village Clerk.

Application Requirements. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 10 copies of the complete application as certified by the Zoning Administrator. The complete application shall be comprised of all of the following:

Written description of the intended use describing in reasonable detail the:

Existing zoning district(s) (and proposed zoning district(s) if different),

Land use plan map designation(s),

Current land uses present on the subject property.

Proposed land uses for the subject property,

Projected number of residents, employees, and daily customers.

Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area, and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface area ratio,

Operational considerations relating to hours of operation, projected normal and peak water usage, sanitary sewer or septic loadings, and traffic generation.

Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Chapter 17.66 including, street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Chapter 17.66), then the statement "The proposed development shall comply with all requirements of Chapter 17.66," shall be provided.

Exterior building and fencing materials,

Possible future expansion and related implications for subdivision (1)(a) through (i) of this subsection, and

Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties;

A small location map at 11 inches by 17 inches showing the subject property and illustrating its relationship to the nearest street intersection. (A photocopy of the pertinent section of the Village's land use plan map with the subject property clearly indicated shall suffice to meet this requirement.);

A property site plan drawing (and reduction at 11 inches by 17 inches) which includes:

A title block which indicates the name, address and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for project,

The date of the original plan and the latest date of revision to the plan.

A north arrow and a graphic scale. The scale shall not be smaller than one inch equals 100 feet.

A legal description of the subject property,

All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled.

All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose,

All required building setback lines,

All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls,

The location and dimension (cross-section and entry throat) of all access points onto public streets,

The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this title,

The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas,

The location of all outdoor storage areas and the design of all screening devices,

The location, type, height, size and lighting of all signage on the subject property,

The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with Chapter 17.66,

The location and type of any permanently protected green space areas,

The location of existing and proposed drainage facilities, and

In the legend, data for the subject property:

Lot area.

ii.

Floor area,

iii.

Floor area ratio (b/a),

iv.

Impervious surface area,

Impervious surface ratio (d/a), and

vi.

Building height;

A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas, and existing and proposed landscape point fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Chapter 17.68. (Note: the individual plant locations and species, fencing types and heights, and berm heights need to be provided.);

A grading and erosion control plan at the same scale as the main plan (and reduction at 11 inches by 17 inches) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the approval of the Village Engineer, in accordance with the design standards and construction specifications of the Village of Darien, dated January, 1996, as amended;

Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.

General Review by the Plan Commission. The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of the zoning ordinance to ensure attractive, efficient, and appropriate development of land in the community, and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The Plan Commission, in reviewing the application may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission, or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission.

Architectural Review by the Plan Commission. The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of the zoning ordinance to ensure attractive, efficient, and appropriate exterior architectural design, construction materials, signage, color, and building form, and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The Plan Commission, in reviewing the application may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the structural aspects of the site plan until revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission.

Initiation of Land Use or Development Activity. Absolutely no land use or development activity, including site clearing, grubbing, or grading shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this section and shall be subject to all applicable enforcement mechanisms and penalties.

Modification of an Approved Site Plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this section. An approved site plan shall be revised and approved via the procedures of Subsections B and D of this section, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of the modifications.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.070 Certificate of occupancy.

[Prior code § 17.1107]

Purpose. The purpose of this section is to provide regulations governing the review and approval of certificates of occupancy. This procedure is required to ensure completed development complies with the approved site plan (per the requirements of Section 17.72.060), and the requirements of this title as a whole.

Land Uses and Development Requiring a Certificate of Occupancy. Certificates of occupancy shall be required for any of the following:

Occupancy and use of a building or structure hereafter erected or structurally altered;

New occupancy and use of an existing building when the new use is of a different land use classification;

Occupancy and use of vacant land;

New use of vacant land when the new use is of a different land use classification;

Any change in the use of a nonconforming use. No such occupancy, use of change of use shall take place until a certificate of occupancy therefor shall have been issued by the Village Building Inspector.

Issuance of Certificate of Occupancy.

Every application for a building permit shall also be deemed to be an application for a certificate of occupancy for a new building or for an existing building which is to be substantially altered or enlarged as determined by the Zoning Administrator. Such certificate shall be issued within 10 working days after a written request for the same has been made to the Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this title.

Written application for a certificate of occupancy for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Building Inspector; if the proposed use is in conformity with the provisions of this title, the certificate of occupancy shall be issued within 10 working days after the application therefor has been made.

Every certificate of occupancy shall state that both the building, and the proposed use of a building or land, substantially complies with all provisions of this title. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

Certificate of Occupancy for Legal Nonconforming Uses. Upon application, a certificate of occupancy shall be issued for all lawful nonconforming uses of land or buildings created by adoption of this title, or in existence at the effective date of this title. Application for such certificate of occupancy for nonconforming use shall be filed with the Building Inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this title. It shall be the duty of the Building Inspector to issue a certificate of occupancy for a legal nonconforming use.

Termination of a Certificate of Occupancy. It shall constitute a violation of this title for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in Subsection B of this section, without having first obtained a certificate of occupancy. Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Building Inspector, he or she shall forthwith revoke the certificate of occupancy, by notice in writing to be delivered by him or her to the holder of the void certificate upon the premises where the violation has occurred, or if such holder be not found there, by mailing the notice of revocation by certified letter to his or her last known address. Any person who shall proceed thereafter with such work or use without having obtained a new certificate of occupancy shall be deemed guilty of violation of this title.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.080 Variance review and approval procedures.

[Prior code § 17.1108]

Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for permitted variation from the terms of this title as will not be contrary to the public interest; where owing to special factors, a literal enforcement of the provisions of this title would result in practical difficulty or unnecessary hardship, so that the spirit of this title shall be observed, public safety and welfare secured, and substantial justice done; as provided for by Wisconsin Statutes 62.23(7)(e)(7).

Initiation of Request for Approval of a Variance. Proceedings for approval of a requested variance shall be initiated by an application of the owner(s) of the subject property.

Application Requirements. All applications for requested variances shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless this certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 10 copies of the complete application as certified by the Zoning Administrator. The complete application shall be comprised of all of the following:

A map of the subject property showing all lands for which the variance is proposed, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as the same appear on the current records of the register of deeds of Walworth County (as determined by the Village of Darien). The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the Village as a whole;

A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property;

A site plan of the subject property as proposed for development. The site plan shall conform to any and all the requirements of Section 17.72.060; and

As an optional requirement, the applicant may wish to provide written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the standard set out in Subsection (D)(3)(a) through (f) of this section.

Review by the Zoning Administrator. The requested variance shall be reviewed by the Zoning Administrator as follows:

Upon notifying the applicant that his or her application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application per Subsection (C)(5) of this section.

What exceptional or extraordinary circumstances or special factors are present which apply only to the subject property? The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:

The hardship or difficulty shall be peculiar to the subject property and different from that of other properties, and not one which affects all properties similarly. Such a hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the property was created before the passage of the current, applicable zoning regulations, and is not economically suitable for a permitted use or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed;

ii.

Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance;

iii.

Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of the property below buildable size or cutting-off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships;

iv.

Violations by, or variances granted to, neighboring properties shall not justify a variance;

The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements).

In what manner do the factors identified in Subsection (D)(3)(a) of this section, prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district? The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.

Would the granting of the proposed variance be of substantial detriment to adjacent properties? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.

Would the granting of the proposed variance as depicted on the required site plan (see Subsection (C)(4) of this section), result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions, and policies of this title, the comprehensive plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the Village or other governmental agency having jurisdiction to guide growth and development? The response to this question shall clearly indicate how the proposed variance will have no substantial impact on such longrange planning matters.

Have the factors which present the reason for the proposed variance been created by the act of the application or previous property owner or their agent (for example: previous development decisions such as building placement, floor plan, or orientation, lotting pattern, or grading) after the effective date of this title. The response to this question shall clearly indicate that such factors existed prior to the effective date of this title and were not created by action of the applicant, a previous property owner, or their agent.

Does the proposed variance involve the regulations of land uses? The response to this question shall clearly indicate that the requested variance does not involve the provisions of this section.

The Zoning Administrator shall forwarded a report to the Zoning Board of Appeals for the board's review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Village's zoning ordinance and master plan, the Zoning Administrator shall note this determination in the report.

Review and Determination by Zoning Board of Appeals.

Within 30 days after filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of Section 62.23(7)(d) of Wisconsin Statutes. The notice shall contain a description of the subject property and the proposed variance per Subsection (C)(1) and (3) of this section. In addition, at least 10 days before the public hearing, the Village Clerk shall mail an identical notice to the applicant of the proposed variance; to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property; and to all property owners within 200 feet of the boundaries of the subject property as identified in Subsection (C)(1) of this section. Failure to mail the notice, provided it is unintentional, shall not invalidate proceedings under this section.

Within 30 days after the holding of the public hearing (per Subsection (E)(1) of this section, or, within an extension of the period approved by the applicant and granted by the Zoning Board of Appeals), the Zoning Board of Appeals make its findings per Subsection D of this section, and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the request for approval of the requested variance at time of its initial meeting, or the proceedings may be continued from time-to-time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.

If the Zoning Board of Appeals fails to make a determination within 30 days after the public hearing, then the request for the variance shall be considered denied.

The report shall include a formal findings of facts developed and approved by the Zoning Board of Appeals concerning the requirements of Subsection (D)(3)(a) through (f) of this section.

Effect of Denial. No application for a variance which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of the order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

Limited Effect of a Variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use other than that which it has as a result of the variance. Granting of a variance shall be considered as unique to the variance granted, and shall not be construed as precedent for any other proposed variance.

Stay of Proceedings. An application for a variance shall stay all legal proceedings furthering enforcement of any provisions of this title from which the applicant is requesting a variance, unless the Zoning Administrator certifies to the Zoning Board of Appeals after the request for the variance has been filed, that by reason of the facts stated in the certificate a stay would, in his or her opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals, or by a court of record on application, on notice to the Zoning Administrator, and on due cause shown.

Notice to the DNR. The Zoning Board of Appeals shall transmit a copy of each application for a variance to conservancy regulations in the shoreland, floodway, floodplain conservancy, or floodway fringe overlay zoning districts, and a copy of all shoreland floodland appeals, to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to shoreland conservancy regulations or to floodland regulations, and a copy of all decisions to shoreland conservancy and floodland appeals, shall be transmitted to the DNR within 10 days of the date of such decision.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.090 Interpretations.

[Prior code § 17.1109]

Purpose. The purpose of this section is to assign responsibility for the official interpretation of the provisions of this title, and to describe the required procedure for securing such interpretation.

Initiation of Request for an Interpretation. Proceedings for an interpretation may be initiated by any of the following four methods:

An application of the owner(s) of the subject property;

A recommendation of the Plan Commission;

By action of the Village Board; or

By a request by the Zoning Administrator.

Application Requirements. All applications for interpretations, regardless of the party of their initiation per Subsection B of this section, shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The submittal of an application to the Village Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the Village Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless the certification has occurred. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator, without an application. Prior to the submittal of the official notice regarding the application to the newspaper by the Village Clerk, the applicant shall provide the Village Clerk with 10 copies of the complete application as certified by the Zoning Administrator. The complete application shall be comprised of all of the following:

All requests for interpretations shall clearly indicate the part of the text of this title for which the interpretation is requested and the specific questions the applicant has regarding the text.

If the requested interpretation relates to the application of this title to a specific property, the additional following information shall be required:

A map of the subject property showing all lands for which the interpretation is requested, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on the map as the same appear on the current records of the register of deeds of Walworth County as provided by the Village of Darien. The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the Village as a whole;

A written description of the reason for the requested interpretation and how the proposed interpretation relates to type of activities, buildings, and structures currently located on, and proposed for, the subject property; and

A site plan of the subject property as proposed for development. The site plan shall conform to any and all the requirements of Section 17.72.060.

If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this title, a series of written responses to the following questions:

How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the comprehensive plan, this title, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the Village?

How is the subject land use in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought?

Do the potential public benefits of the proposed interpretation outweigh any and all potential adverse impacts of the proposed interpretation?

Review by Zoning Administrator.

Upon notifying the applicant that the application is complete, and within 30 days of such filing, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application per Subsection C of this section. This review shall also take into consideration the standards for review presented in Subsection E of this section. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the comprehensive master plan.

The Zoning Administrator shall forward a report to the applicant indicating the interpretation of the Zoning Administrator. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the comprehensive master plan, the Zoning Administrator shall note this determination in the report.

Standards for Review of Requested Interpretations. This title shall be interpreted in a manner which is consistent with the purposes intended by the Village Board as noted in this title and the comprehensive plan. The intent of the standards and supporting definitions of this title is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. To this end, those called upon to interpret this title shall proceed as follows:

Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required.

Rationale. Before any zoning interpretation is made, there must be an explicit discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable potential negative impact. A sound interpretation of any standard cannot be ensured without careful analysis of the regulation and the end toward which it is directed. It is understood that there may be other public purposes underlying the interpretation which are not explicitly articulated.

Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public.

Rationale. There is a critical distinction between an interpretation which provides a greater degree of design freedom to achieve a permitted land use, and an interpretation which permits a new or not previously permitted use, or which allows a use to be enlarged, or have its intensity increased beyond the degree specified in this title. Design freedom is to be encouraged while a lowering of the standards of this title is to be prohibited.

Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal.

Rationale. If an interpretation would merely allow a design solution that is slightly different from the one expressly stated or permitted, and if it would result in a same or greater degree of protection to any affected party (either the adjoining landowners, the public at large, and/or a future property owner or renter), such an interpretation may be appropriately made. Any interpretation which would result in any identifiable loss of protection for one group to the benefit of others is contrary to the spirit of this title. Similarly, any interpretation which would either increase the nuisance potential of any use or alter the purpose for which the regulation was adopted shall be considered counter to the legislative intent of this title. Any interpretation which will result in any loss of protection or increase in intensity beyond that already permitted shall only be made if the party interpreting this title has the power to impose additional restrictions or requirements and exercise this power in order to protect the public.

This title has been carefully designed by the Village Board to combine maximum achievement of public goals, and the protection of adjoining property owners while providing flexibility for property owners to use their land for a variety of uses consistent with the goals and objectives of the comprehensive plan. Great care has been taken to balance the rights of competing groups while achieving maximum protection with flexibility and a range of use options. Persons interpreting this title should not substitute their own judgements for the legislative acts of the Village Board.

In addition to the applicant's response to the questions required by Subsection (C)(3) of this section, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:

No interpretation shall allow the establishment of any land use which was previously considered and rejected by the Village Board on an application for an amendment to the zoning ordinance, the official zoning map, or a previously applied for appeal from a requested interpretation.

No interpretation shall permit a land use listed as a use permitted by right, a special use, or a conditional use in another zoning district if the use is not listed as permitted in the zoning district of the subject property.

No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property's zoning district (see Chapters 17.30 through 17.54).

No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in the district, or permitted in a more intensive district in the same zoning district category (see Chapters 17.30 through 17.54).

If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to Section 17.72.040.

Effect of a Favorable Land Use Interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals which may be required by this title. These permits and approvals include, but are not limited to required site plans, special use permits, conditional uses, and certificates of occupancy.

Limitations on Favorable Land Use Interpretation.

No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.100 Appeals of zoning interpretations.

[Prior code § 17.1110]

Purpose. The purpose of this section is to provide regulations which enable the Village to hear and decide requests for appeals from the interpretations of the Zoning Administrator per Section 17.72.090 as provided for by Wisconsin Statutes 62.23(7)(e)(7).

Initiation of Request for Review of Zoning Interpretation. Proceedings for the review of an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the Village affected by any decision of the Zoning Administrator.

Time Limit for Filing An Appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of Subsection D of this section, within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal the interpretation.

Application Requirements. All applications for review of an interpretation, regardless of the party of their initiation per Subsection B of this section, shall be filed in the office of the Zoning Administrator, and shall be approved as complete by the Zoning Administrator a minimum of two weeks prior to the initiation of this procedure. The Zoning Administrator shall forward copies of the complete application to the office of the Village Clerk, and to the Zoning Board of Appeals. The complete application shall be accompanied by all of the following:

A copy of pertinent items in the file on the matter at hand maintained by the Zoning Administrator, as identified by the Zoning Administrator and/or the applicant;

A written statement from the applicant indicating the reasons why an appeal is justified, based upon an analysis of the Zoning Administrator's interpretation. This statement shall be dated and signed by the applicant.

Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator in the following steps:

Upon notifying applicant that the application is complete, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the comprehensive master plan.

The Zoning Administrator shall forward a report to the Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the master plan or ordinance, the Zoning Administrator shall note this determination in the report.

Review and Action by the Zoning Board of Appeals.

Within 45 days after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall schedule a reasonable time and place for a public hearing to consider the application. Notice of the appeal and the public hearing shall conform to Section 63.23(7)(d) of the Wisconsin Statutes. The notice shall contain a description of the issue per Subsection (D)(2) of this section. At least 10 days before the public hearing, the Village Clerk shall mail an identical notice to the applicant; to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this title; and to any property owner within 300 feet of the subject property. Failure to mail the notice, provided it is unintentional, shall not invalidate proceedings under this section.

Within 60 days after the filing of the complete application as determined by the Zoning Administrator (or, within an extension of such period requested in writing by the applicant and granted by the Zoning Board of Appeals), the Zoning Board of Appeals make its findings per Subsection C of this section. The Zoning Board of Appeals may request further information and/or additional reports from the Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at applicant's request. The final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.

If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of the complete application, then the request for the appeal shall be considered denied.

Effect of Denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of the order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

Limited Effect of a Favorable Ruling on an Appeal.

No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.110 Temporary use review and approval procedures.

[Prior code § 17.1112]

Purpose.

The purpose of this section is to provide regulations that govern the procedure and requirements for the review and approval, or denial, of proposed temporary use.

Temporary uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this title. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties that potentially cannot be determined except on a case by case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this title and the requirements of the zoning district in which the subject property is located.

Land uses which fail to meet one of the requirements for temporary uses of Chapter 17.22, may be reviewed as a conditional use.

Regulations Applicable to All Temporary Uses. No public hearing is required to develop a temporary use, however, a demonstration that the developer proposes to meet all temporary use requirements of this title must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this title. Any temporary use found not to be in compliance with the terms of this title shall be considered in violation of this code and shall be subject to all applicable procedures and penalties.

Application Requirements. All applications for proposed temporary uses, shall be approved as complete by the Zoning Administrator prior to certification of the proposed temporary use. The complete application shall be comprised of all of the following:

A map of the subject property showing all lands for which the temporary use is proposed, and all other lands within 200 feet of the boundaries of the subject property. The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the Village as a whole;

A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations; and,

A site plan of the subject property as proposed for development. The site plan shall conform to any and all the requirements of Section 17.72.060.

Approval by the Zoning Administrator. Approval of a temporary use shall be by the Zoning Administrator following review of the complete application per Subsection C of this section.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.

§ 17.72.120 Special use review and approval procedures.

[Prior code § 17.1113]

Purpose.

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed special uses.

Special uses are those uses that have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this title. In order to prevent this from occurring, all special uses are required to meet certain requirements applicable only to special uses, in addition to the general requirements of this title and the requirements of the zoning district in which the subject property is located.

Land uses proposed which fail to meet one of the requirements for special uses of Chapter 17.04 through 17.28, may be reviewed as a conditional use.

Regulations Applicable to All Special Uses. No public hearing is required to develop a special use, however, a demonstration that the developer proposes to meet all requirements for special uses of this title must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of this title. Any special use found not to be in compliance with the terms of this title shall be considered in violation of this title, and shall be subject to all applicable procedures and penalties.

Application Requirements. All applications for proposed special uses, shall be approved as complete by the Zoning Administrator prior to certification of the proposed special use. The complete application shall be comprised of all of the following:

A map of the subject property showing all lands for which the special use is proposed. The map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. The map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a north arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the Village as a whole (Note: this map may be provided by the Village, at the discretion of the Zoning Administrator);

A written description of the proposed special use describing the type of activities, buildings, and structures proposed for the subject property and their general locations; and

A site plan of the subject property as proposed for development. The site plan shall conform to any and all the requirements of Section 17.72.060.

Approval by the Zoning Administrator. Approval of a special use requirements shall be by the Zoning Administrator following review of the complete application per Subsection C of this section. Written notification of an approval of a special use permit by the Zoning Administrator shall be provided to the Plan Commission by the following Plan Commission meeting.

Fee. A fee is required for this procedure. Refer to Section 17.74.050.