A. 
Applicability.
1. 
No new structure, new use of land, water or air or change in the use of land, water or air shall hereafter be permitted and no structure or part thereof shall hereafter be located, erected, moved, reconstructed, extended, enlarged, converted or structurally altered without a site plan permit.
2. 
A site plan permit shall be required for all residential developments with three or more units and any nonresidential project.
3. 
A site plan permit shall be required for new manufactured and mobile home communities and expansions of existing manufactured and mobile home communities within the R-MMH Manufactured and Mobile Home District.
B. 
Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a site plan permit application.
C. 
Submission. The application for a site plan permit shall be filed pursuant to Section 13.05.12C.
D. 
Review process.
1. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
2. 
Administrative review. When the application is reviewed by the Planning Department, the application will be granted, denied or referred for additional review and/or request for more information.
3. 
Plan Commission review. Under certain circumstances, the Zoning Administrator may refer site plan permit applications to the Plan Commission for review within 45 days of receipt of the completed application. If the application is referred to the Plan Commission, the Plan Commission shall review the application along with the Zoning Administrator's preliminary findings, and may refer the application and plans to any expert consultants to advise whether the application and plans meet all the requirements applicable thereto in this Title. Within 45 days of its receipt of the application, the Plan Commission shall authorize the Zoning Administrator to issue, refuse, or refer for additional review for more information, the site plan permit.
4. 
Criteria for review. In acting on any site plan, the Zoning Administrator or Plan Commission, if involved, shall consider the following:
a. 
The appropriateness of the site plan and buildings in relation to the physical character of the site and the usage of adjoining land areas.
b. 
The layout of the site with regard to entrances and exits to public streets; adequacy and improvement of areas for parking and for loading and unloading and shall, in this connection, satisfy itself that the traffic pattern generated by the proposed construction or use shall be developed in a manner consistent with the safety of residents and the community. The applicant shall so design the construction or use as to minimize any traffic hazard created thereby.
c. 
The adequacy of the proposed water supply, drainage facilities and sanitary and waste disposal.
d. 
The landscaping and appearance of the completed site. The Zoning Administrator or Plan Commission, if involved, may require that those portions of all front, rear and side yards not used for off-street parking shall be attractively planted with trees, shrubs, plants or grass lawns and that the site be effectively screened so as not to impair the value of adjacent properties nor impair the intent or purposes of this section.
e. 
Before granting any site approval, the Zoning Administrator or Plan Commission, if involved, may, besides obtaining advice from consultants, secure such advice as may be deemed necessary from the Director of Public Works or other municipal officials, with special attention to the effect of such approval upon existing municipal services and utilities. Should additional facilities be needed, the Zoning Administrator or Plan Commission, if involved, shall forward its recommendations to the Common Council and shall not issue final approval until the Common Council has entered into an agreement with the applicant regarding the development of such facilities.
5. 
Issuance of permit.
a. 
A permit shall expire in 12 months unless substantial work has commenced or in 24 months after the issuance of the permit if the structure for which a permit is issued is not substantially completed. In the event of expiration, the applicant shall reapply for a site plan permit before commencing work on the structure.
b. 
Any permit issued in conflict with the provisions of this Title shall be null and void.
A. 
Applicability.
1. 
The development and execution of this Title is based upon the division of the City into districts, within which districts the use of land and buildings, and bulk and location of buildings and structures in relation to the land, are mutually compatible and substantially uniform. However, there are certain uses which may, but do not necessarily have significant adverse effects on the environment, overburden public services, change the desired character of an area, create a major nuisance or have an impact on the use of neighboring land or facilities. Such uses, nevertheless, may be necessary or desirable to be allowed in a particular district provided that additional measures and conditions are taken to mitigate the impact of the proposed development. Such uses are classified as conditional uses. No inherent right exists to receive a conditional use permit and such authorizations are approved under a specific set of circumstances and conditions.
B. 
Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a conditional use permit application.
C. 
Submission. The application for a conditional use permit shall be filed pursuant to Section 13.05.12C.
D. 
Review process.
1. 
Application distributed.
a. 
The Zoning Administrator shall review the application and plans and refer them to the Plan Commission for review.
b. 
The Zoning Administrator shall notify the highway agency of any development within 500 feet of the existing or proposed rights-of-way of freeways, expressways and within 1/2 mile of their existing or proposed interchange or turning lane rights-of-way.
2. 
Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.
3. 
Criteria for review. A proposal for a conditional use will be reviewed against the following criteria:
a. 
Compliance. The proposed conditional use shall comply with all regulations of the applicable zoning district and any applicable regulations set forth in the Onalaska Code and state and federal laws.
b. 
Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City's Comprehensive Plan.
c. 
Compatibility. The proposed conditional use shall be compatible with the character of the neighborhood within the immediate area in which it is located, considering existing and proposed site landscaping and screening.
d. 
Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and congestion.
e. 
The proposed use shall not be noxious or offensive to the surrounding neighborhood through vibration, noise, odor, dust, smoke, or gas.
f. 
The proposed use shall not injure the use and enjoyment of the property in the immediate vicinity for existing permitted uses or diminish or impair property values within the neighborhood.
g. 
That the establishment, maintenance or operation of the proposed conditional use will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.
h. 
That the establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
i. 
That the proposed use does not violate floodplain regulations governing the site.
j. 
That the public interest and welfare supporting the proposed use shall be sufficient to outweigh the individual interests that are adversely affected by the establishment of the proposed uses.
4. 
Decision.
a. 
The Plan Commission may approve, approve with reasonable conditions, or deny the application and may authorize the Zoning Administrator to issue a conditional use permit. The Plan Commission may impose additional conditions as deemed necessary to protect the public interest and welfare of the City, provided they are reasonable and may include, but not be limited to:
i. 
Financing and availability of adequate public facilities or services;
ii. 
Dedication of land;
iii. 
Reservation of land;
iv. 
Creation of restrictive covenants or easements;
v. 
Special setbacks;
vi. 
Yard requirements;
vii. 
Increased screening or landscaping requirements;
viii. 
Development phasing;
ix. 
Standards pertaining to traffic, circulation, noise, lighting, emissions, hours of operation, and protection of environmentally sensitive areas;
x. 
Provision of stormwater management and erosion and sediment control;
xi. 
Require that a performance guarantee be posted by the applicant to ensure compliance with conditions; and
xii. 
Require that a development agreement be entered into by the applicant.
b. 
In the instance of the granting of a conditional use, the Plan Commission in its findings shall further specify the reason(s) or factors, which resulted in issuing the conditions of the conditional use. Such Plan Commission decision and the resulting conditional use permit, shall specify the name of the permittee and the location and legal description of the affected premises.
c. 
If a conditional use is approved, the Plan Commission may determine if the conditional use is transferable to future owners.
d. 
For an existing and currently valid conditional use that is no longer allowed as a conditional use in the zoning district in which it is located, the provisions of Section 13.01.26 shall apply.
e. 
Denial of application for conditional use permit. When a decision of denial of a conditional use application is made, the Plan Commission shall furnish the applicant, in writing when so requested, those standards that are not met and enumerate the reasons the Plan Commission used in determining that each standard was not met. A new application for the same conditional use will not be considered by the Plan Commission for a period of 12 months except on grounds of new evidence as determined by the Zoning Administrator.
E. 
Issuance of permit.
1. 
A certified copy of the authorizing resolution, containing identifiable description and any specific requirements of approval, shall be recorded by the City of Onalaska with the Office of the La Crosse County Register of Deeds for the subject property.
2. 
A copy of a decision granting a conditional use permit in a floodplain or shoreland district shall be mailed to the district office of the Wisconsin Department of Natural Resources.
3. 
Conditional use permit term.
a. 
Where the Plan Commission has approved an application for a conditional use, such approval shall become null and void within 12 months of the date of the Plan Commission's action unless the use is commenced, construction is underway or the current owner possesses a valid building permit under which construction is commenced within six months of the date of permit issuance and which shall not be renewed unless construction has commenced and is being diligently prosecuted. The Plan Commission may extend such permit for a period of 90 days for justifiable cause.
b. 
Any use for which a conditional use permit has been issued, upon its cessation or abandonment for a period of 12 months, will be deemed to have been terminated and any future use shall be in conformity with this section, unless granted a one-year extension by the Plan Commission.
4. 
Amending a conditional use permit.
a. 
Amendments, modifications, alterations or expansions of a previously approved conditional use permit shall require application review in the same manner as a new application.
5. 
Complaints regarding conditional uses.
a. 
The Plan Commission shall retain continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. Such authority shall be in addition to the enforcement authority of the Zoning Administrator or their designee to order the removal or discontinuance of any unauthorized alterations of an approved conditional use, and the elimination, removal or discontinuance of any violation of a condition imposed prior to or after approval or violation of any other provision of this Code.
b. 
Upon written complaint by any citizen or official, applicable City staff shall determine whether the complaints are substantial and related to the conditions imposed on the use. If so determined, the Plan Commission shall hold a public hearing at which time the complainant, property owner, and any other such person who attends shall be heard.
c. 
The Plan Commission may, in order to bring the subject conditional use into compliance with the standards set forth in Section 13.05.22 or conditions previously imposed by the Plan Commission, modify existing conditions upon such use and impose additional reasonable conditions.
d. 
In the event that no reasonable modification of such conditional use can be made or the applicant does not make modifications required within a reasonable time frame, the Plan Commission may revoke the subject conditional approval and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use.
e. 
Following any such hearing, the decision of the Plan Commission shall be furnished to the current owner of the conditional use in writing stating the reasons therefor.
A. 
Applicability.
1. 
A request for a variance may be made when an aggrieved party can submit proof that strict adherence to the provisions of this Title would cause them undue hardship or create conditions causing greater harmful effects than the initial condition.
2. 
A variance granted to a nonconforming use brings that use into conformance with the district and zoning requirements.
3. 
Prohibited variances. The Board of Zoning Appeals shall not grant use variances in floodplain and conservancy districts. In all other districts, no use variance shall be granted unless the applicant has first petitioned for consideration of a text amendment to the UDC to allow the use, if applicable, and upon a showing that no lawful or feasible use of the subject property can be made in the absence of such a variance.
B. 
Pre-application meeting. A preapplication meeting pursuant to Section 13.05.12C is required prior to submitting a variance application.
C. 
Submission. The application for variance shall be filed pursuant to Section 13.05.12D.
D. 
Review process.
1. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
2. 
Hearing on application. The Board of Zoning Appeals shall hold a public hearing in accordance with Section 13.05.12I and Table 13.05.11-1.
3. 
Criteria for review. For the Board of Zoning Appeals to grant a variance, it must find that the applicant, which has the burden of proof, has demonstrated the following:
a. 
Unnecessary hardship due to the unique physical limitations of the property and not the particular circumstances of the applicant. The unnecessary hardship must not be self-imposed by the applicant or prior owners of the property. Further, economic loss or financial hardship cannot serve as the basis for justifying a variance.
b. 
The variance will not create a detriment to an adjacent or neighboring property, and will not be contrary to the public interest or public safety.
c. 
The variance shall not have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the flood protection elevation for the particular area or permit standards lower than those required by state law.
4. 
Decision.
a. 
The Board of Zoning Appeals may approve, approve with conditions, or deny the variance application and shall issue a written Board of Zoning decision.
b. 
Vote required. All orders or decisions of the Board of Zoning Appeals granting a variance require the affirmative vote of four members. Whenever only four members of the Board are present and the vote stands three to one in favor of the appellant or applicant, the matter shall be laid over for consideration and final determination at the next meeting of the Board or a special meeting noticed and called for that purpose.
c. 
The Board of Zoning Appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to comply with the criteria for review established in this section.
d. 
No order of the Zoning Board of Appeals granting a variance shall be valid for a period longer than 12 months from the date of such order unless a building permit is obtained within such period and the erection or alteration of a building is started or the use is commenced within such period.
E. 
Issuance of variance.
1. 
A certified copy of the Board of Zoning decision containing identifiable description and any specific requirements for approval, shall be recorded by the City of Onalaska with the Office of the La Crosse County Register of Deeds for the subject property.
2. 
A copy of a decision granting a variance in a floodplain, shoreland or wetland district shall be mailed to the district office of the Wisconsin Department of Natural Resources.
A. 
Applicability.
1. 
The appeal of UDC interpretation process shall facilitate review of questions of interpretation that arise in the administration of this Title, including review of any order, requirement, decision, or determination made by an administrative official.
2. 
Appeals of an administrative decision or interpretation may be made by:
a. 
The owner, mortgagee, purchaser under a land contract, optionee or occupant under a written lease for one year or more of the property for which relief is sought.
b. 
Any officer (other than the Zoning Administrator), department, board or bureau affected by a decision or order of the Zoning Administrator.
c. 
Any person aggrieved and whose use and enjoyment of property within the City is directly and adversely affected by a decision or order of the Inspection Department, Zoning Administrator or the requested Board action.
B. 
Submission. The application for an appeal of UDC interpretation shall be filed pursuant to Section 13.05.12D. The appeal shall be filed within 30 days of the alleged grievance or judgment in question by filing with the officer(s) from whom the appeal is taken and with the Board of Zoning Appeals a notice of appeal specifying the grounds thereof, together with payment of a filing fee specified in the fee schedule. The date of receipt of the decision shall not be counted in determining the time for filing of the appeal. Sundays and holidays shall be counted, except if the last day falls on a Saturday, Sunday or legal holiday, the time for filing shall be extended to the next secular day.
C. 
Stay of proceedings. An appeal shall put on hold the decision appealed unless the officer who decision is being appealed certifies in writing to the Board of Zoning Appeals that a stay would, in their 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 Board of Zoning Appeals or by a court of record on the application, with notice to the officer from whom appeal is made.
D. 
Criteria for review. In considering an appeal, the Board of Zoning Appeals shall consider but not be limited to the following criteria:
1. 
Consistency with the Comprehensive Plan, including its goals, objectives, and policies;
2. 
The plain meaning of the regulation;
3. 
Surplus language;
4. 
Conflicting provisions; and
5. 
Policy history.
E. 
Review process.
1. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
2. 
Decision.
a. 
The Board of Zoning Appeals may reverse or affirm, wholly or partly, or may modify the order, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issuance of a permit.
b. 
A vote of the Board of Zoning Appeals shall require the affirmative vote of four members. Whenever only four members of the Board are present and the vote stands three to one in favor of the appellant or applicant, the matter shall be laid over for consideration and final determination at the next meeting of the Board or a special meeting noticed and called for that purpose.
c. 
The Board of Zoning Appeals shall render its decision either at the termination of the hearing or within 30 days thereafter.
d. 
The final disposition of an appeal or application shall be in the form of a written decision or order signed by the Chairman of the Board of Zoning Appeals and the City Clerk. Such decision shall state the reasons for the Board of Zoning Appeal's determination with findings of fact and conclusions of law. Conditions imposed in any permit shall be stated in the decision or order embodying the Board's decision and shall also be set forth in any permits issued under that order by the Zoning Administrator and/or Inspection Department.
F. 
Effect of approval.
1. 
A certified copy of the Board of Zoning Decision, containing identifiable description and any specific requirements for approval, shall be recorded by the City of Onalaska with the Office of the La Crosse County Register of Deeds for the subject property.
2. 
Interpretations approved by the Board of Zoning Appeals shall expire one year after issuance if the performance of work is required and substantial work has not commenced.
3. 
A permit shall be valid only as long as the conditions upon which it is granted are observed.
G. 
Reconsideration.
1. 
Resubmission. No appeal or application which has been dismissed or denied shall be considered again without material alteration or revision within one year of the Board's decision, except pursuant to court order or by motion to reconsider made by a member voting with the majority or as provided below.
2. 
Rehearing. No rehearing shall be held except upon the affirmative vote of four or more members of the Board upon finding that substantial, new evidence is submitted which could not reasonably have been presented at the previous hearing. Requests for rehearing shall be in writing, shall state the reasons for the request and shall be accompanied by necessary data and diagrams. A rehearing shall be subject to the same notice requirements as original hearing.
A. 
Applicability. The establishment of a planned unit development provides design flexibility to promote creative and efficient use of land. Planned unit development provisions are also intended to create public and private benefit by allowing improved site design; allowing developments on multiple lots to function as one coordinated site; facilitating protection of natural features; allowing flexibility from the UDC for unique developments; and ensuring coordination of phased development.
B. 
Pre-application meeting.
1. 
A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a planned unit development or downtown planned unit development application.
2. 
The applicant may request a meeting with the Plan Commission Subcommittee to obtain information and guidance before entering into binding agreements or incurring substantial expense. This consultation is neither formal nor mandatory but is intended to inform the applicant of the purpose and objectives of these regulations, the Comprehensive Plan, and duly adopted plan implementation devices of the City. Discussions that occur are not binding on the City and do not constitute official assurances or representations on the City.
C. 
Submission. The application for a planned unit development or downtown planned unit development shall be filed pursuant to Section 13.05.12E.
1. 
Combined applications. An application for a PUD or D-PUD may be accompanied by all other discretionary requests, including but not limited to subdivision review and site plan permit applications in order to minimize review periods.
2. 
Authority. Authority is given to the Plan Commission to combine separate permit applications into one application for the convenience of the applicant and the City; however, all individual permit fees shall apply.
D. 
Review process.
1. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
2. 
Hearing on application. The Plan Commission shall hold a public hearing on the general development plan in accordance with Section 13.05.12J and Table 13.05.11-1.
3. 
Criteria for review.
a. 
In establishing a PUD or D-PUD, the following criteria should be considered:
i. 
Consistency with the Comprehensive Plan.
ii. 
Provide for variations to the strict application of the land use regulations in this Title in order to improve site design and operation, while at the same time incorporating design elements (e.g., construction materials, landscaping, lighting, etc.) that exceed the City's standards to offset the effect of any variations.
iii. 
Promote a more creative and efficient approach to land use within the City, while at the same time protecting and promoting the health, safety, comfort, aesthetics, economic viability, and general welfare of the City.
iv. 
Preserve and enhance natural features and open spaces.
v. 
Maintain or improve the efficiency of public streets and utilities.
vi. 
Ensure the establishment of appropriate transitions between differing land uses.
b. 
The Plan Commission may approve increased or decreased front yard setbacks in any residential district as part of a subdivision request through a planned unit development for the purpose of orderly development of the parcel or parcels. The following criteria shall be used by the Plan Commission in qualifying setback flexibility requests:
i. 
The proposed setback increase or decrease is based either on the physical constraints of the site including steep slopes, potential driveway grades, preservation of mature vegetation and the preservation of ridgelines or orderly development of a parcel or parcels included in a master plan.
ii. 
The proposed setback increase or decrease will not be in conflict with the City of Onalaska Comprehensive Plan or detrimental to public welfare or injurious to other property or improvements in the neighborhood in which the property is located.
iii. 
The proposed setback increase or decrease will not be detrimental to the utility needs of the neighborhood, including but not limited to sanitary sewer, water or stormwater drainage.
iv. 
The proposed setback increase or decrease is not based exclusively on the desire to increase the value or income potential of the property.
v. 
The proposed setback increase or decrease will not result in access constraints to proposed structures including steep or excessively long driveway grades.
vi. 
The subdivider shall be required to submit a master layout plan at the time of the subdivision application noting front yard setbacks for all parcels included in this request along with a plan for sanitary sewer for each dwelling.
4. 
Decision.
a. 
An application for a PUD or D-PUD shall include the review of a general development plan with a public hearing at the Plan Commission and formal approval by the Common Council.
i. 
Dedication or offers to dedicate interest in real property for specific purposes shown in the general development plan may be required as a condition of approval of the PUD or D-PUD if they are found by the Plan Commission to be in the public interest and/or are consistent with the City of Onalaska Comprehensive Plan.
ii. 
Approval of the general development plan shall establish the basic right of use for the area in conformity with the plan as approved, but such plan shall be conditioned upon approval of a final implementation plan and shall not make permissible any of the uses as proposed until a final implementation plan is submitted and approved for all or a portion of the general development plan.
b. 
Following approval of the general development plan, a final implementation plan shall be reviewed by the Plan Commission with recommendations to the Common Council for final consideration.
5. 
Downtown PUD parking reduction requests.
[Added 7-12-2022 by Ord. No. 1741-2022]
a. 
Review process.
i. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
ii. 
Determination of reduction request level. The Zoning Administrator shall review the application and determine the reduction request level.
iii. 
Criteria for review. In considering a reduction request, the criteria listed in Section 13.02.34.D.7.b should be considered.
iv. 
Decisions. An application for a Level 1 Reduction Request shall include consideration by City staff and final consideration by the Zoning Administrator. An application for a Level 2 Reduction Request shall include a public hearing at the Plan Commission in accordance with Table 13.05.11-1 with final consideration by the Common Council. Any approval shall follow the regulations as set forth in Section 13.05.25.E. below.
E. 
Issuance of approval.
1. 
Recording of requirements. The applicant shall record with the Office of the La Crosse County Register of Deeds the legal description of the PUD or D-PUD and the Final Implementation Plan conditions of approval which shall run with the land. Said conditions shall not lapse or be waived as a result of any subsequent change in ownership or tenancy. Said conditions shall be deemed to be part of the building permit issued for any use or structure in the PUD or D-PUD.
2. 
Stop work. If after the approval of the PUD or D-PUD, any portion of the approved conditions or plans are not met, the Planning, Engineering, Inspection and/or Fire Departments may stop further construction of the development by posting a stop-work order and providing the applicant with written notice by certified mail within two working days of the stop-work order. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the approved plans.
A. 
Applicability.
1. 
A request for an amendment shall be sought when there is a change to the approved Planned Unit Development (PUD), Downtown Planned Unit Development (D-PUD), or Planned Commercial Industrial Development (PCID) District.
2. 
An amendment shall be classified as a minor amendment if no substantive changes are proposed. Substantive change shall be determined by the Zoning Administrator based on the following factors:
a. 
The uses proposed are preexisting uses, allowed in the original approval, or permitted in the underlying zoning district.
b. 
The amendment does not result in a significant increase in density.
c. 
The amendment does not reduce setbacks or applicable performance standards.
B. 
Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting an Amendment to a PUD, D-PUD, or PCID.
C. 
Submission. The application for an amendment shall be filed pursuant to Section 13.05.12C.
D. 
Review process.
1. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
2. 
Determination of amendment type. The Zoning Administrator shall determine whether the amendment proposed is a minor or major amendment. An application deemed to be a major amendment shall follow the procedures set forth in Section 13.05.27 to PUD, D-PUD, or PCID.
3. 
Criteria for review. In considering a minor amendment, the Zoning Administrator shall consider the same criteria as used in establishing a PUD, D-PUD, or PCID.
4. 
Decision.
a. 
An application for a minor amendment shall include review and approval by the Zoning Administrator.
E. 
Issuance of approval.
1. 
Recording of requirements. The applicant shall record with the Office of the La Crosse County Register of Deeds the legal description of the PUD, D-PUD, or PCID and the conditions of approval which shall run with the land. If any additional conditions are added to the Final Implementation Plan, said conditions shall not lapse or be waived as a result of any subsequent change in ownership or tenancy and said conditions shall be deemed to be part of the building permit issued for any use or structure in the PUD, D-PUD, or PCID.
2. 
Stop work. If after the approval of the PUD, D-PUD, or PCID, any portion of the approved conditions or plans are not met, the Planning, Engineering, Inspection and/or Fire Departments may stop further construction of the development by posting a stop-work order and providing the applicant with written notice by certified mail within two working days of the stop-work order. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the approved plans.
A. 
Applicability. A request for an amendment shall be sought when there is a change to the approved Planned Unit Development (PUD), Downtown Planned Unit Development (D-PUD), or Planned Commercial Industrial Development (PCID) District.
B. 
Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting an amendment to a PUD, D-PUD, or PCID.
C. 
Submission. The application for an amendment shall be filed pursuant to Section 13.05.12C.
D. 
Review process.
1. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
2. 
Hearing on application. The Plan Commission shall hold a public hearing on the proposed Amendment to the approved Final Implementation Plan in accordance with Section 13.05.12J and Table 13.05.11-1.
3. 
Criteria for review. In considering an amendment, the Plan Commission and Common Council shall consider the same criteria as used in establishing a PUD, D-PUD, or PCID.
4. 
Decision. An application for a major amendment shall include the review of the proposed amendment to the approved Final Implementation Plan at the Plan Commission and formal approval by the Common Council.
E. 
Issuance of approval.
1. 
Recording of requirements. The applicant shall record with the Office of the La Crosse County Register of Deeds the legal description of the PUD, D-PUD, or PCID the amendment to the Final Implementation Plan, and the conditions of approval, if any, which shall run with the land. Said conditions shall not lapse or be waived as a result of any subsequent change in ownership or tenancy. Said conditions shall be deemed to be part of the building permit issued for any use or structure in the PUD, D-PUD, or PCID.
2. 
Stop work. If after the approval of the PUD, D-PUD, or PCID, any portion of the approved conditions or plans are not met, the Planning, Engineering, Inspection and/or Fire Departments may stop further construction of the development by posting a stop-work order and providing the applicant with written notice by certified mail within two working days of the stop-work order. Construction shall be halted until such time as the applicant has made the necessary corrections to comply with the approved plans.
A. 
Applicability.
1. 
No other person in charge of a significant designated structure, site or site within a Historic Preservation District shall reconstruct, alter or demolish all or any part of the exterior of such property or construct any improvement upon such designated property or properties or cause or permit any such work to be performed upon such property or demolish such property unless a certificate of appropriateness has been granted by the Historic Preservation Commission. Also, unless such certificate has been granted by the Commission, the Building Inspector shall not issue a permit for any such work.
B. 
Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a certificate of appropriateness application.
C. 
Submission of application. The application for a certificate of appropriateness shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.
D. 
Review process.
1. 
Application distributed. The Zoning Administrator shall review the application and plans and refer them to applicable City staff for review.
2. 
Criteria for review. The Historic Preservation Commission shall consider the following criteria in considering an application for a certificate of appropriateness:
a. 
In the case of changes to a designated historic structure or historic site, the proposed work would not detrimentally change, destroy or adversely affect any exterior feature of the improvement or site upon which said work is to be done;
b. 
In the case of the construction of a new improvement upon a historic site, or within a Historic District, the exterior of such improvement would not adversely affect or negatively contrast with the external appearance of other neighboring improvements on such site or within the district;
c. 
In the case of any property located in a Historic District, the proposed construction, reconstruction, exterior alteration or demolition does not conform to the purpose and intent of this chapter and to the objectives and design criteria of the historic preservation plan for said district;
d. 
The building or structure is of such architectural or historical significance that its demolition would be detrimental to the public interest and contrary to the general welfare of the people of the City of Onalaska;
e. 
In the case of a request for the demolition of a deteriorated building or structure, any economic hardship or difficulty claimed by the owner is self-created or is the result of any failure to maintain the property in good repair;
f. 
The building or structure is of such old, unusual or uncommon design, texture, and/or materials that it could not be reproduced without great difficulty and/or expense;
g. 
The owner of the property submits information that the denial of the certificate of appropriateness will deprive the owner of all reasonable use of, or economic return on, the property; and
h. 
In addition, in determining whether to issue a certificate of appropriateness, the Commission shall consider and may give decisive weight to any or all of the following standards:
i. 
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
ii. 
Most properties change over time; those changes that have acquired historical significance in their own right shall be retained and preserved.
iii. 
Distinctive features, finishes and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
iv. 
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
v. 
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
vi. 
New additions, exterior alterations or related new construction shall not destroy historic materials that characterize the property. The new work shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
vii. 
The benefit of the preservation of a historic site, structure or site within a Historic Preservation District to reach the goals of a City master plan such as a Comprehensive Plan and Downtown Redevelopment Plan as adopted by the Common Council.
3. 
Decision.
a. 
The Historic Preservation Commission may approve or deny the proposed design and authorize the Zoning Administrator to issue the certificate of appropriateness.
b. 
The Historic Preservation Commission may impose such conditions and restrictions as may be necessary to comply with the criteria for review established in this section.
E. 
Issuance of certificate of appropriateness.
1. 
The issuance of a certificate of appropriateness shall not relieve the applicant from obtaining other permits and approvals required by the City. A building permit or other municipal permit shall be invalid if it is obtained without the presentation of the certificate of appropriateness required for the proposed work.