[1-19-2022]
The purpose of this portion of the chapter is to establish the
procedural requirements for zoning text amendments, zoning map amendments,
conditional use review and approval, temporary use review and approval,
sign permits, site plan review and approval, certificates of occupancy,
variances, zoning provision interpretations by the Zoning Administrator,
and appeals of zoning provision interpretations to the Zoning Board
of Appeals.
[1-19-2022]
(1)
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 chapter. [Refer
to the requirements of § 62.23(7)(d), Wis. Stats.]
(3)
Application requirements. All applications for proposed amendments to this chapter, regardless of the party of their initiation per Subsection (2) above shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the City Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the City Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said 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 City Clerk, the applicant shall provide the City Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(a)
A copy of the portion of the current provisions of this chapter
which are proposed to be amended, with said provisions clearly indicated
in a manner which is clearly reproducible with a photocopier;
(b)
A copy of the text which is proposed to replace the current
text; and
(c)
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 City of Lake Geneva Comprehensive
Master Plan, particularly as evidenced by compliance with the standards
set out in Subsection (4)(c)1 through 5, below.
(4)
Review by the zoning administrator. The proposed text amendment
shall be reviewed by the Zoning Administrator as follows:
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify applicant.
(b)
Upon notifying the applicant that his application is complete,
the Zoning Administrator shall review the application and evaluate
and comment on the written justification for the proposed text amendment
which may be provided in the application per Subsection (3)(a) through
(c), above.
(c)
The Zoning Administrator may also evaluate the application to
determine whether the requested text amendment is in harmony with
the recommendations of the City of Lake Geneva's Comprehensive Master
Plan, particularly as evidenced by compliance with the standards of
Subsection (4)(c)1 through 5, below:
1.
The proposed text amendment furthers the purposes of this chapter
as outlined in Section 98-005.
2.
The proposed text amendment furthers the purposes of the general
article in which the amendment is proposed to be located.
3.
The proposed text amendment furthers the purposes of the specific
section in which the amendment is proposed to be located.
4.
The following factors have arisen that are not properly addressed
in the current zoning text:
a.
The provisions of this chapter should be brought into conformity
with the Comprehensive Plan. (If a factor related to the proposed
amendment, note pertinent portions of the Comprehensive Plan.);
b.
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 said change(s);
c.
New methods of development or providing infrastructure make
it necessary to alter this chapter to meet these new factors;
d.
Changing governmental finances require amending this chapter
in order to meet the needs of the government in terms of providing
and affording public services.
5.
If the proposed text amendment is concerned with the provisions
of Article 2 and/or Article 3, the proposed amendment maintains the
desired overall consistency of land uses, land use intensities, and
land use impacts within the pertinent zoning districts.
(d)
The Zoning Administrator shall forward the report per Subsection
(4)(b), and if prepared, the report per Subsection (4)(c), to the
Plan Commission for the Commission's review and use in making its
recommendation to Common Council. If the Zoning Administrator determines
that the proposal may be in conflict with the provisions of the City's
Comprehensive Master Plan, the Zoning Administrator shall note this
determination in the report.
(5)
Review, public hearing, and recommendation by the Plan Commission.
Common Council shall not make an amendment to this chapter without
allowing for a recommendation from the Plan Commission per the provisions
of this subsection.
(a)
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 § 62.23(7)(d),
Wis. Stats. Said notice shall contain a description of the proposed
text change. In addition, at least 10 days before said public hearing,
the City 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 chapter. Failure to
mail said notice, provided it is unintentional, shall not invalidate
proceedings under this section.
(b)
Within 60 days after the public hearing (or within an extension
of said period requested, in writing, by the applicant and granted
by the Plan Commission), the Plan Commission shall make a written
report to the Common Council stating its findings regarding Subsection
(4), above, and its recommendations regarding the application as a
whole. Said report shall include a formal finding of facts developed
and approved by the Plan Commission concerning the requirements of
Subsection (4)(b)1 through 5, above.
(c)
If the Plan Commission fails to make a report within 60 days
after the filing of said complete application [and in the absence
of an applicant-approved extension per Subsection (5)(b), above],
then the Common Council may hold a public hearing within 30 days after
the expiration of said sixty-day period. Failure to receive said written
report from the Plan Commission per Subsection (5)(a), above, shall
not invalidate the proceedings or actions of Common Council. If such
a public hearing is necessary, Common Council shall provide notice
per the requirements of Subsection (5)(a), above. State law reference:
§ 62.23(7)(d), Wis. Stats.
(d)
If the Plan Commission recommends approval (or denial) 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 (or do not outweigh) any and all
potential adverse impacts of the proposed amendment, as identified
in Subsections (4)(b)1 through 5, above, after taking into consideration
the proposal by the applicant.
(6)
Review and action by Common Council. Common Council shall consider
the Plan Commission's recommendation regarding the proposed text amendment.
The Council may request further information and/or additional reports
from the Plan Commission, Zoning Administrator, and/or the applicant.
The Council may take final action on the application at the time of
its initial meeting, or may continue the proceedings at the applicant's
request. Common Council 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 Common Council wishes to make significant changes
in the proposed text amendment, as recommended by the Plan Commission,
then the procedure set forth in § 62.23(7)(d), Wis. Stats.,
shall be followed prior to Council action. Any action to amend the
provisions of the proposed amendment, or to reverse the recommendation
of the Plan Commission, requires five votes of the Council regardless
of quorum size. The Common Council'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.
(7)
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.
(8)
Fee. A fee is required for this procedure. Refer to Section
98-935.
[1-19-2022]
(1)
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 (see Sections 98-103 and 98-107). [Refer to the requirements of
§ 62.23(7)(d), Wis. Stats.]
(2)
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:
(3)
Application requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation per Subsection (2) above, 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 City Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the City Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said 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 City Clerk, the applicant shall provide the City Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(a)
A map of the subject property showing all lands for which the
zoning is proposed to be amended, and all other lands within 300 feet
of the boundaries of the subject property, together with the names
and addresses of the owners of all lands on said map as the same appear
on the current tax records of the City of Lake Geneva. Said map shall
clearly indicate the current zoning of the subject property and its
environs, and the jurisdiction(s) which maintains that control. Said
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;
(b)
A map, such as the Land Use Plan Map, of the generalized location
of the subject property in relation to the City as a whole; and
(c)
As an optional requirement, the applicant may wish to provide
written justification for the proposed amendment to the Official Zoning
Map, consisting of the reasons why the applicant believes the proposed
map amendment is in harmony with the recommendations of the City of
Lake Geneva Comprehensive Master Plan, particularly as evidenced by
compliance with the standards set out in Subsection (4)(c)1 through
3, below.
(4)
Review by the Zoning Administrator. The proposed amendment to
the Official Zoning Map shall be reviewed by the Zoning Administrator
as follows:
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify the applicant.
(b)
Upon notifying the applicant that his application is complete,
the Zoning Administrator shall review the application and evaluate
and comment on the written justification for the proposed map amendment
which may be provided in the application per Subsection (3)(a) through
(c), above.
(c)
The Zoning Administrator may also evaluate the application to
determine whether the requested amendment to the Official Zoning Map
is in harmony with the recommendations of the City of Lake Geneva's
Comprehensive Master Plan, particularly as evidenced by compliance
with the standards of Subsection (4)(c)1 through 3, below:
1.
The proposed Official Zoning Map amendment furthers the purposes
of this chapter as outlined in Section 98-005 and the applicable rules
and regulations of the Wisconsin Department of Natural Resources (DNR)
and the Federal Emergency Management Agency (FEMA).
2.
The following factors have arisen that are not properly addressed
on the current Official Zoning Map:
a.
The designations of the Official Zoning Map should be brought
into conformity with the Comprehensive Plan;
b.
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 City may intend
to stop an undesirable land use pattern from spreading;
c.
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;
d.
Growth patterns or rates have changed, thereby creating the
need for an Amendment to the Official Zoning Map.
3.
The proposed amendment to the Official Zoning Map maintains
the desired consistency of land uses, land use intensities, and land
use impacts as related to the environs of the subject property.
(d)
The Zoning Administrator shall forward the report per Subsection
(4)(b), and if prepared the report per Subsection (4)(c), to the Plan
Commission for the Commission's review and use in the making its recommendation
to Common Council. If the Zoning Administrator determines that the
proposal may be in conflict with the provisions of the City's Comprehensive
Master Plan, the Zoning Administrator shall note this determination
in the report.
(5)
Review, public hearing, and recommendation by the Plan Commission.
Common Council shall not make an amendment to the Official Zoning
Map without allowing for a recommendation from the Plan Commission
per the provisions of this subsection.
(a)
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 § 62.23(7)(d),
Wis. Stats.. Said notice shall contain a description of the subject
property and the proposed change in zoning. In addition, at least
10 days before said public hearing, the City 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
(3)(a), above; and to the clerk of any municipality whose boundaries
are within 1,000 feet of any portion of the jurisdiction of this chapter.
Failure to mail said notice, provided it is unintentional, shall not
invalidate proceedings under this section.
(b)
Within 60 days after the public hearing (or within an extension
of said period requested in writing by the applicant and granted by
the Plan Commission), the Plan Commission shall make a written report
to the Common Council stating its findings regarding Subsection (4),
above, and its recommendations regarding the application as a whole.
Said report shall include a formal finding of facts developed and
approved by the Plan Commission concerning the requirements of Subsection
(4)(b)1 through 3, above.
(c)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection (5)(b), above], then the Common Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection (5)(a), above, shall not invalidate the proceedings or actions of Common Council. If such a public hearing is necessary, Common Council shall provide notice per the requirements of Subsection (a), above. State law reference: § 62.23(7)(d), Wis. Stats.
(d)
If the Plan Commission recommends approval (or denial) 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: 1) that the potential public benefits
of the proposed amendment outweigh (or do not outweigh) any and all
potential adverse impacts of the proposed amendment, as identified
in Subsections (4)(b)1 through 3, above, after taking into consideration
the proposal by the applicant.
(6)
Review and action by Common Council. Common Council shall consider
the Plan Commission's recommendation regarding the proposed amendment
to the Official Zoning Map. The Council may request further information
and/or additional reports from the Plan Commission, the Zoning Administrator,
and/or the applicant. The Council 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 applicant's request. Common Council
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 Common Council 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 § 62.23(7)(d),
Wis. Stats., shall be followed prior to Council action. Any action
to amend the Official Zoning Map, or to reverse the recommendation
of the Plan Commission, requires five votes of the Council regardless
of quorum size. The Common Council'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.
(7)
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.
(8)
Fee. A fee is required for this procedure. Refer to Section
98-935.
(9)
Floodland District boundary changes limited. The Common Council
shall not permit changes to the Floodland District boundaries that
are inconsistent with the purpose and intent of this chapter or in
conflict with the applicable rules and regulations of the Wisconsin
Department of Natural Resources (DNR) and the Federal Emergency Management
Agency (FEMA).
(a)
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 obtaining a waiver from the Federal Emergency
Management Agency 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 floodfringe, and shall provide adjusted water surface
profiles and adjusted floodland limits to reflect the increased flood
elevations.
(b)
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
floodfringe, and shall provide adjusted water surface profiles and
adjusted water surface profiles and adjusted floodland limits to reflect
the increased flood elevations.
(c)
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.
(d)
Amendment of floodlands which were delineated by approximate
methods shall not be permitted unless the applicant provides the City
with engineering data showing the flood profile, necessary river cross-sections,
flood elevations, and any effect the establishment of a floodway/floodfringe
will have on flood stages. The effects shall be limited as set forth
above for changes in Subsections (1) and (2) above. If the proposed
development 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.
(e)
No river or stream shall be altered or relocated until a floodland
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. All necessary state
and federal permits shall be obtained.
(f)
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.
[1-19-2022]
[1-19-2022; amended 6-27-2022 by Ord. No. 22-04]
(1)
Purpose.
(a)
The purpose of this section is to provide regulations which govern
the procedures and requirements for the review and approval, or denial,
of proposed conditional uses.
(b)
Certain uses in situations which are of such a special nature, or
are so dependent upon actual contemporary circumstances, as to make
impractical the predetermination of permissibility, or the detailing
in this chapter of specific standards, regulation, or conditions which
would permit such determination in each individual situation, may
be permitted as conditional uses.
(2)
Initiation
of request for approval of a conditional use. Proceedings for approval
of a conditional use may be initiated by an application of the owner(s)
of the subject property or authorized agent of the owner(s) of the
subject property.
(3)
Application
requirements. All applications for proposed conditional uses shall
be certified as complete by the Zoning Administrator prior to the
initiation of this procedure. No placement of the application on any
agenda, as an item to be acted upon, shall occur unless said 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 City Clerk, the applicant
shall provide eight copies and one digital copy of the complete application
as certified by the Zoning Administrator. Said complete application
shall be comprised of all of the following:
(a)
A map of the subject property showing all lands for which the conditional
use is proposed, and all other lands within 300 feet of the boundaries
of the subject property, together with the names and addresses of
the owners of all lands on said map as the same appear on the current
records of the Register of Deeds of Walworth County (as provided by
the City of Lake Geneva). Said map shall clearly indicate the current
zoning of the subject property and its environs, and the jurisdiction(s)
which maintains that control. Said 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;
(b)
A map, such as the future land use map, of the generalized location
of the subject property in relation to the City as a whole;
(c)
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, as well as the number
of employees and the hours of operation;
(d)
A site plan of the subject property as proposed for development.
Said site plan shall conform to the requirements of Section 98-908(3).
If the proposed conditional use is a cluster development [per Section
98-206(1)(b) through (f)] or a group development (per Section 98-208)
a proposed preliminary plat or conceptual plat may be substituted
for the required site plan, provided that said plat contains all information
required on said site plan per Section 98-908;
(e)
Written justification for the proposed conditional use demonstrating
evidence that the application conforms to the findings described in
Subsection (4)(d), and meets any additional standards required in
the applicable zoning district;
(f)
Anticipated daily traffic, types and weights of vehicles, and
any provisions, intersection or road improvements or other measures
proposed to accommodate increased traffic. A traffic impact analysis
(TIA) meeting Wisconsin Department of Transportation requirements
for content and format may be required by the City if deemed necessary
by the Zoning Administrator.
(g)
Compliance with stormwater and erosion control standards.
(h)
Anticipated noise, odors, dust, soot, runoff, pollution, exterior
storage, vibration, glare, or lighting, and measures taken to mitigate
impacts to neighboring properties. Refer to Article 7 for all performance
standards.
(i)
A listing of hazardous, toxic, or explosive materials stored
on site, and any spill containment, safety, or pollution prevention
measures taken.
(j)
Written description of how the proposed conditional use and
all requirements established by the City relating to the conditional
use are or shall be satisfied.
(4)
Review
by the Zoning Administrator. The proposed conditional use shall be
reviewed by the Zoning Administrator as follows:
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he/she shall
return the application to the applicant. If the Zoning Administrator
determines that the application is complete, he/she shall so notify
the applicant.
(b)
The Zoning Administrator may coordinate review with other City Departments.
(c)
The Zoning Administrator shall review the complete application and evaluate the proposed conditional use against the findings listed in Subsection (d), below.
(d)
Upon notifying the applicant that his 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 and for compliance with the standards
of Subsection (4)(d)1 through 6 below:
1.
The proposed conditional use (the use in general, independent
of its location) is in harmony with the purposes, goals, objectives,
policies and standards of the City of Lake Geneva Comprehensive Plan,
this chapter, and any other plan, program, or ordinance adopted or
under consideration pursuant to official notice by the City.
2.
The proposed conditional use (in its specific location) is in
harmony with the purposes, goals, objectives, policies and standards
of the City of Lake Geneva Comprehensive Plan, this chapter, and any
other plan, program, or ordinance adopted, or under consideration
pursuant to official notice by the City.
3.
The proposed conditional use, in its proposed location and as
depicted on the required site plan, does not 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 chapter or any other plan, program, map,
or ordinance adopted or under consideration pursuant to official notice
by the City or other governmental agency having jurisdiction to guide
development.
4.
The proposed conditional use maintains the desired consistency
of land uses, land use intensities, and land use impacts as related
to the environs of the subject property.
5.
The proposed conditional use is 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.
6.
The potential public benefits of the proposed conditional use
outweigh all potential adverse impacts of the proposed conditional
use (as identified in Subsections 1 through 5, above), after taking
into consideration the applicant's proposal and any requirements recommended
by the applicant to ameliorate such impacts.
(e)
The Zoning Administrator shall forward the report per Subsection
(4)(d) to the Plan Commission for the Commission's review and use
in making its recommendation to Common Council.
(5)
Review,
public hearing, and recommendation by the Plan Commission. The Common
Council shall not approve a conditional use without allowing for a
recommendation from the Plan Commission per the provisions of this
subsection.
(a)
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. A public hearing may be held more than
45 days from the filing of the complete application when requested
by the applicant in writing. The applicant may appear in person, by
agent, and/or by attorney. Notice of the proposed conditional use
and the public hearing shall conform to the requirements of Section
62.23(7)(de) of the Wisconsin Statutes. Said notice shall contain
a description of the proposed conditional use. In addition, at least
10 days before said public hearing, the City 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 chapter. Failure to mail said notice, provided that it is
unintentional, shall not invalidate proceedings under this section.
1.
Statements of personal preferences or speculation not based
on substantial evidence must be disregarded by the Plan Commission.
"Substantial evidence" means facts and information, other than merely
personal preferences or speculation, directly pertaining to the requirements
and conditions an applicant must meet to obtain a conditional use
permit and that reasonable persons would accept in support of a conclusion.
2.
The Plan Commission may request further information and/or additional
reports from the Zoning Administrator, applicant, and/or from any
other source. If such necessary expertise is not available from City
staff, public academic institutions, or from appropriate regional,
state, or federal agencies, the Commission may consult with a third
party to effectively evaluate a conditional use permit application.
The application for the conditional use permit shall bear all reasonable
costs and expenses associated with such consultation. Applicants retain
the right to withdraw a pending conditional use permit application
if they choose not to pay consultant fees.
3.
The Plan Commission shall hear all substantial evidence regarding
the proposed conditional use permit from staff, the applicant, and
the public during the public hearing. Any evidence not deemed substantial
evidence as defined in Subsection (5)(a)1, above, shall not be admissible.
(b)
At the public hearing, the Zoning Administrator shall provide a written
report of preliminary recommended findings. The report shall contain,
at minimum, all substantial evidence presented in the public hearing,
evaluation of compliance with the standards of Subsection (4)(d)1
through 6, the recommended findings, and the recommended motion to
either approve the use as originally proposed, approve the proposed
conditional use with modifications and/or conditions, or deny approval
of the proposed conditional use.
(c)
The Plan Commission shall consider the report and may take final
action by resolution on the application to either approve the use
as originally proposed, approve the proposed conditional use with
modifications and/or conditions, or deny approval of the proposed
conditional use. Final action by the Plan Commission action shall
consist of all of the following:
1.
The formal finding of facts concerning the requirements of Subsection
(4)(d)1 through 6.
2.
The City's decision
to approve or deny the permit must be supported by substantial evidence.
Any condition imposed by the City must be related to the purpose of
the chapter and be based on "substantial evidence" as defined in Wis.
Stat. 62.23(7)(de)1b.
(a)
Conditions, if based on substantial evidence, may include, and
are not limited to the following, as well as other conditions necessary
to meet the findings above:
(1)
Expiration dates on conditional use permits, except for permits
for communication towers under Section 98-206(7)(c). Continuation
or extension of an expired conditional use requires reapplication
and approval by the Plan Commission and Common Council.
(2)
Limits on hours or days of operation, or number of events each
year.
(3)
Limits on numbers of employees.
(4)
Limits on numbers of total people, vehicles, or animals on the
premises at any one time.
(5)
Limits on total quantity or volume of product on the premises
at any one time.
(6)
Limits on square footage of buildings or outdoor areas devoted
to the proposed use.
3.
The conditions described under Subsection (5)(c)2(a), above, must
be reasonable and, to the extent practicable, measurable and may include
conditions such as the permit's duration, transfer, or renewal.
4.
The applicant must demonstrate whether the application and all
requirements and conditions established by the City related to the
conditional use are or will be satisfied, both of which must be supported
by substantial evidence per Subsection (5)(a)1.
5.
If an applicant for a conditional use permit meets or agrees
to meet all of the requirements and conditions specified in this section
or those imposed by the Plan Commission and the Common Council, the
City shall grant the conditional use permit.
(d)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application (and in the absence of an applicant-approved extension), then the Common Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection (5)(a), above, shall not invalidate the proceedings or actions of Common Council. If such a public hearing is necessary, the Common Council shall provide notice per the requirements of Subsection (a), above. State Law Reference: Section 62.23(7)(de).
[Amended 4-24-2023 by Ord. No. 23-02]
(6)
Review
and action by Common Council. The Common Council shall consider the
Plan Commission's recommendation regarding the proposed conditional
use. The Council may request further information and/or additional
reports from the Plan Commission, Zoning Administrator, and/or the
applicant. The Council may take final action on the application at
the time of its initial meeting or may continue the proceedings at
the applicant's request. The Common Council 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, or its own members),
or may deny approval of the proposed conditional use. The Common Council's
approval of the requested conditional use shall be considered the
approval of a unique request and shall not be construed as precedent
for any other proposed conditional use.
(a)
Final action by the Common Council shall consist of all items listed
in Subsection (5)(c)1 through 5, above, and any modifications or additions
as determined by the Common Council.
(7)
Appeals
of a Common Council decision of a conditional use permit. Any persons
aggrieved by any decision of the Board of Appeals may present to a
court of record a petition, duly verified, setting forth that such
decision is illegal and specifying the grounds of the illegality.
Such petition shall be presented to the court within 30 days after
the filing of the decision in the offices of the City Clerk.
(8)
Effect of denial. No application which has been denied (either
wholly or in part) shall be resubmitted for a period of 365 days from
the date of said order of denial, except on grounds of new evidence,
or proof of change of factors, is found to be valid by the Zoning
Administrator.
(9)
Revocation of an approved conditional use. Upon approval by the Common Council, the applicant must demonstrate that the proposed conditional use meets all conditional use requirements in the site plan required for initiation of development activity on the subject property per Section 98-908. Once a conditional use is granted, no erosion control permit, site plan approval (per Section 98-908), certificate of occupancy (per Section 98-909), or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter 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 Common Council, following the procedures outlined in Subsections (2) through (7), above. The City shall provide the property owner with appropriate served notice to consider revocation.
(10)
Time limits on the development of conditional use. The start
of construction of any conditional use shall be initiated within 365
days of its approval by the Common Council and shall be operational
within 730 days of said 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. Said request shall require formal
approval by the Common Council and shall be based upon a showing of
acceptable justification (as determined by the Common Council). However,
as a condition of approval, the 365-day and/or 730-day time limits
may be extended for any specific period to accommodate phased or multistage
development.
(11)
Discontinuing an approved conditional use. Any conditional use
which has been discontinued for a period exceeding 365 days shall
have its 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.
(13)
Change of ownership. All requirements of the approved conditional
use shall be continued regardless of ownership of the subject property,
except where limited explicitly by the Common Council.
(14)
Limited conditional uses. A limited conditional use is any development,
activity, or operation for which a conditional use permit has been
approved that is limited to a specific operator or property owner,
or to a specific date or event upon which the conditional use permit
either expires or is required to be reviewed and reapproved. The Plan
Commission may require any proposed conditional use request to be
a limited conditional use. The Plan Commission shall specify which
of the following characteristics, based on substantial evidence, are
present that create the need for the limited conditional use:
(a)
A particular aspect of the specific land use.
(b)
A particular aspect of the proposed operation (including, but
not limited to, operating hours).
(c)
A particular aspect of the proposed location.
(d)
A particular aspect of the proposed site design.
(e)
A particular aspect of the adjacent property or of the surrounding
environs.
(f)
Any other reason(s) the Plan Commission deems specifically relevant
and material.
(15)
Successor conditional uses. A successor conditional use is a land
use which has been granted a conditional use permit by the City, which
is proposed to undergo one or more of the following changes
(a)
Changing from the specific use originally permitted by the conditional
use to another operation of the same use within 365 days of the ending
of the original use. For example, changing from one restaurant to
another is permitted. However, changing from a restaurant to a tavern
is not permitted even though both are considered indoor commercial
entertainment land uses. Likewise, changing from a drive-through restaurant
to a drive-through bank is not permitted, even though both are considered
a drive-through under in-vehicle sales and service
(b)
A change in the ownership of the subject property.
(c)
A change in the ownership of the business or other operator
of the land use.
(d)
Other changes explicitly identified in a previously issued conditional
use permit that are identified as acceptable successor conditional
uses.
(e)
Purpose. The purpose of these
provisions is to create a process that:
(f)
Proposed expansions are not eligible. Any physical enlargement of
a previously approved conditional use in terms of buildings, structures,
activity areas, and/or any expansion of the conditions of operation
beyond the limits of site plans, floor plans and conditions of operation
(i.e., peak traffic) approved through the conditional use process
shall not be eligible for treatment as a successor conditional use
and must seek an amendment to its conditional use permit through the
conditional use process.
(g)
Limited conditional uses shall not be eligible for treatment as a
successor conditional use.
(16)
(Reserved)
(17)
Recording of conditional use requirements. Except for conditional
use approvals for temporary uses, a certified copy of the authorizing
resolution, containing identifiable description and any specific requirements
of approval, shall be recorded by the City with the County Register
of Deeds office. The City shall record modifications, alterations,
and expansions as well as expired or revoked conditional use permits.
(18)
Uses now regulated as conditional uses which were approved as legal
land uses, permitted by right or as conditional uses, prior to the
effective date of this chapter. A use now regulated as a conditional
use which was approved as a legal land use, either permitted by right
or as a conditional use, prior to the effective date of this chapter
shall be considered as a legal conforming land use so long as the
previously approved conditions of use and site plan are followed.
Any modification of the previously approved conditions of use or site
plan shall require application and City consideration under this section.
(19)
Fee. One or more fees are required for this procedure. Refer to Section
98-935(1)(d).
[1-19-2022]
(1)
Purpose.
(a)
The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed temporary use.
(b)
Temporary 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 chapter. In addition to such
potential, temporary uses also have the potential to create undesirable
impacts on nearby properties which 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 chapter and the requirements of the zoning district in which
the subject property is located. A public hearing process is not required
to review a request for a temporary use.
(c)
Land uses proposed which fail to meet one of the requirements
for temporary uses of Section 98-206, may be reviewed as a conditional
use. [See Section 98-202(3)(b).]
(2)
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
article and Article 4 must be made at time of site plan application
(see Section 98-908). Furthermore, no building permit or certificate
of occupancy shall be issued for any development which does not comply
with all requirements of this chapter (see Section 98-909). Any temporary
use found not to be in compliance with the terms of this chapter shall
be considered in violation of this chapter and shall be subject to
all applicable procedures and penalties.
(3)
Application requirements. All applications for proposed temporary
uses, shall be approved as complete by the Zoning Administrator prior
to the formal initiation of this procedure. Said complete application
shall be comprised of all of the following:
(a)
A map of the subject property showing all lands for which the
temporary use is proposed, and all other lands within 300 feet of
the boundaries of the subject property. Said map shall clearly indicate
the current zoning of the subject property and its environs, and the
jurisdiction(s) which maintains that control. Said 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;
(b)
A map, such as the land use plan map, of the generalized location
of the subject property in relation to the City as a whole;
(c)
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
(d)
The Zoning Administrator may require a site plan of the subject
property. Said site plan shall conform to any and all the requirements
of Section 98-908(3).
(4)
Approval by zoning administrator. Approval of a temporary use shall be by the Zoning Administrator following review of said complete application per Subsection (3) above.
(5)
Fee. A fee is required for this procedure. Refer to Section
98-935.
[1-19-2022]
(1)
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.
(2)
General requirement. Unless specifically exempted by Article
8, no sign shall be erected, altered, or relocated after the effective
date of this chapter (see Section 98-011) until a sign permit has
been secured from the Zoning Administrator.
(3)
Application requirements. All applications for sign permits
shall be made in writing on a form supplied by the City of Lake Geneva
Zoning Administrator. Said application shall be submitted with all
required information provided and shall contain or have attached thereto
the following information:
(a)
The approved site plan for the subject property (per Section
98-908), (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; said subject property boundaries;
and the location of the proposed sign;
(b)
The configuration of the proposed sign listing the height, width,
total square footage, method of attachment, method of illumination,
and sign materials;
(c)
The subject property's zoning designation; and
(d)
The total area of all signs on the subject property both before
and after the installation of the proposed sign.
(4)
Procedure. The Zoning Administrator shall review the submitted application for compliance with the requirements of Subsection (3), above and per Section 98-802. Upon the receipt of a complete application, the Zoning Administrator shall review said application for compliance with the requirements of this chapter, and shall issue an approved or denied sign permit based on the submitted application within five working days of the acceptance of the complete application.
(5)
Termination of a sign permit. Any sign found not to be in compliance
with the terms of this chapter shall be considered in violation of
this chapter and shall be subject to all applicable procedures and
penalties.
(6)
Fee. A fee is required for this procedure. Refer to Section
98-935.
[1-19-2022]
(1)
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 chapter. 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 City staff 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 dwelling units, and development
activity associated with the full and complete implementation of a
project approved within the PD phase of the Planned Development District
[PD] is exempt from this requirement; however, a survey prepared and
certified by a registered surveyor shall be prepared for any proposed
development activity for such uses.
(2)
Procedure.
(a)
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).
(b)
Preapplication meeting. The petitioner shall first meet with
the Zoning Administrator and other applicable City Staff to discuss
preliminary concepts and plans for the development. Guidance will
be provided to the petitioner on technical requirements and procedures,
and a timetable for project review may be discussed.
(c)
Application for site plan review and review by zoning administrator.
The petitioner shall apply to the Zoning Administrator for the scheduling
of an appearance before the City staff. The Zoning Administrator shall
notify the petitioner of the date and time of the applicable meeting.
The meeting with the City staff shall not be scheduled unless the
application is approved as complete by the Zoning Administrator per
the requirements of Subsection (3), below. The review of the submitted
application shall be completed within 10 working days of application
submittal. Once the application is approved as complete by the Zoning
Administrator, the Zoning Administrator may schedule a meeting with
City staff a minimum of two weeks from the date of complete application
acceptance. At time of acceptance and meeting scheduling, the Zoning
Administrator shall forward copies of the complete application (as
provided by the petitioner) to the all pertinent City staff.
(3)
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 Zoning Administrator to initiate this procedure shall not occur
until the Zoning Administrator has certified acceptance of the complete
application. No placement of the application on any agenda, as an
item to be acted upon, shall occur unless said certification has occurred.
Said complete application shall be comprised of all of the following:
(a)
Written description of the intended use describing in reasonable
detail the:
1.
Existing zoning district(s) [and proposed zoning district(s)
if different];
2.
Land use plan map designation(s);
3.
Natural resources site evaluation worksheet (Section 98-303);
4.
Current land uses present on the subject property;
5.
Proposed land uses for the subject property (per Section 98-206);
6.
Projected number of residents, employees, and daily customers;
7.
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;
8.
Operational considerations relating to hours of operation, projected
normal and peak water usage, sanitary sewer or septic loadings, and
traffic generation;
9.
Operational considerations relating to potential nuisance creation
pertaining to noncompliance with the performance standards addressed
in Article 7 (Sections 98-701 through 98-721) 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 Article 7), then the statement "the proposed
development shall comply with all requirements of Article 7, Performance
Standards" shall be provided;
10.
Exterior building and fencing materials (Sections 98-718 and
98-720);
11.
Possible future expansion and related implications for Subsection
(3)(a)1 through 10, above, and:
12.
Any other information pertinent to adequate understanding by
the Plan Commission of the intended use and its relation to nearby
properties.
(b)
A small location map at 11 inches by 17 inches showing the subject
property, all properties within 300 feet, and illustrating its relationship
to the nearest street intersection. (A photocopy of the pertinent
section of the City's Official Zoning Map with the subject property
clearly indicated shall suffice to meet this requirement.)
(c)
A property site plan drawing (and reduction at 11 inches by
17 inches) which includes:
1.
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;
2.
The date of the original plan and the latest date of revision
to the plan;
3.
A North arrow and a graphic scale. Said scale shall not be smaller
than one inch equals 100 feet;
4.
A legal description of the subject property;
5.
All property lines and existing and proposed right-of-way lines
with bearings and dimensions clearly labeled;
6.
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;
7.
All required building setback lines;
8.
All existing and proposed buildings, structures, and paved areas,
including building entrances, walks, drives, decks, patios, fences,
utility poles, drainage facilities, and walls;
9.
The location and dimension (cross-section and entry throat)
of all access points onto public streets;
10.
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 chapter;
11.
The location and dimension of all loading and service areas
on the subject property and labels indicating the dimension of such
areas;
12.
The location of all outdoor storage areas and the design of
all screening devices;
13.
The location, type, height, size and lighting of all signage
on the subject property;
14.
The location, height, design/type, illumination power and orientation
of all exterior lighting on the subject property — including
the clear demonstration of compliance with Section 98-707;
15.
The location and type of any permanently protected green space
areas;
16.
The location of existing and proposed drainage facilities; and
(d)
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 buffer yard 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 Article 6. (NOTE: the
individual plant locations and species, fencing types and heights,
and berm heights need to be provided.)
(e)
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 following detailed requirements:
(f)
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. (Refer to Section 98-718.)
(g)
A certified survey may be required by the Zoning Administrator
in instances where he determines compliance with setback requirements
may be difficult. The survey shall be prepared by a registered land
surveyor and shall depict property lines, and proposed buildings,
structures, and paved areas.
(h)
A detailed site analysis per the following submission and review
process:
1.
Purpose. The detailed site analysis required by this article
is designed to provide the clear identification of permanently protected
green space areas on a site which is proposed for development. The
detailed survey work required to identify these areas accurately on
a map is not required prior to the initiation of development concept
plans for an area. A detailed site analysis shall be performed in
conjunction with required land division documents or development site
plans for any and all properties containing permanently protected
natural resource areas.
2.
Description. The detailed site
analysis shall be shown on a map of the subject property which depicts
the location of all protected natural resource areas, as defined by
the provisions of this article, and as located by an on-site survey.
The detailed site analysis shall meet the following requirements:
a.
Scale. A minimum scale of one inch equals 200 feet shall be
used.
b.
Topography. Topographic information is not required for any
property which does not contain steep slopes (as designated on the
Official Zoning Map). For such properties, topographic information
with a minimum contour interval of two feet is required.
c.
Specific natural resources areas. All natural resource areas
which require protection under the provisions of this chapter shall
be accurately outlined and clearly labeled. Particular care as to
clarity shall be taken in areas where different resource types overlap
with one another. The Staff of the Southeastern Wisconsin Regional
Planning Commission, the Wisconsin Department of Natural Resources,
or other expert recognized by one of these agencies, shall stake the
edge of the resource in the field, and this staked line shall be transferred
by a registered surveyor or engineer to the site plan base map.
[Ord. No. 99-4 3-8-1999]
d.
Development pads:
1.
All site disruption (including selective cutting)
proposed to occur within permanently protected natural resource areas
shall be limited to development pads. Development pads shall be depicted
on the detailed site analysis map, site plans required for development
permits, and the recorded plat of subdivision or certified survey
map.
2.
Beyond visible damage to natural resources, vegetation,
soil, and drainage patterns, site disruption activities shall not
compact soil covering tree roots, or otherwise damage trees beyond
the area from which trees are to be removed. All trees with calipers
exceeding three inches, whose canopies are located adjacent to disturbed
areas, which die within a period of five years following site disruption
shall be replaced by the property owner with a three inch caliper
tree of the same type (canopy or understory). Therefore, care shall
be taken to ensure that equipment and actions associated with permitted
site disruption activities are limited to the area in which they are
permitted. The use of snow fences and other barriers to outline development
pads during disruption activity is strongly recommended to limit the
extent of inadvertent compaction or other disturbance of earth, and
collision damage to vegetation intended for protection. Such barriers
should be placed no closer to protected trees than a point on the
ground directly under their outer canopy edge.
e.
Mitigation areas. All mitigation areas related to the provisions
of this chapter shall be depicted on the detailed site analysis map
with notations provided which describe the mitigation techniques employed.
3.
Required procedure for submission
and review.
a.
Required timing of submission. The detailed site analysis map
shall be submitted to the Zoning Administrator for initial review
prior to, or concurrently with, the submission of the preliminary
plat of subdivision or the certified survey map; or if the proposed
development does not involve a land division, then submittal is required
as an attachment to a required site plan. A concept plan of the proposed
development may be submitted prior to the submission of the detailed
site analysis map; however, in no way does the acceptance and/or general
approval of the concept plan indicate the approval of natural resource
feature locations. A detailed site analysis map prepared for the subject
property which has been previously approved by City Staff, may be
submitted for any subsequent development activity on the site. However,
modifications to such a previously approved map will be required if
the analysis is no longer accurate for the subject property.
b.
Review by City staff. City staff shall review the submitted
detailed site analysis map for general compliance with the following
data sources:
1.
The Official Zoning Map;
2.
Applicable USGS 7.5 minute topographic maps for
the City of Lake Geneva and its environs;
3.
Air photos of the subject property;
4.
USGS Quads and other sources of topographic information;
5.
Applicable FEMA and related floodplain maps;
6.
Applicable federal and state Wetland Inventory Maps;
7.
The City of Lake Geneva Comprehensive Master Plan;
and
8.
Site visits. The Zoning Administrator shall provide
the petitioner with a written evaluation of the submitted detailed
site analysis map which shall indicate the acceptance by City Staff;
or the need for further analysis work, discussion with the petitioner
and/or Staff-recognized experts, or a joint site visit.
c.
Modification of detailed site analysis map. If necessary, as
determined by City Staff, revised detailed site analysis maps shall
be prepared and submitted for review by City Staff, until a version
is deemed acceptable. Staff review of the detailed site analysis map
may be appealed to the Board of Zoning Appeals as a matter of ordinance
interpretation. (See Section 98-934.).
d.
Acceptance of detailed site analysis map. Upon notification
of acceptance by City staff, (or in case of appeal, by determination
of the Board of Zoning Appeals), the petitioner may proceed with the
submittal of necessary development documents.
4.
Integration of detailed site analysis information with required
development and/or land division documents. Information contained
on the detailed site analysis map relating to the boundaries of permanently
protected green space areas (including natural resource protection
areas, other permanently protected green space areas, and required
mitigation areas) shall be clearly depicted on any and all site plans
required as a precondition for application for any development permit
(such as a building permit) and on any proposed plat of subdivision
or certified survey map.
(4)
Review by the Plan Commission.
(a)
The Plan Commission, in its consideration of the submitted complete
application, shall take into account the basic intent of this chapter
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. Beyond protection of the public health,
safety and welfare, this section shall enable the Plan Commission
to consider factors related to community aesthetics, urban design,
and architectural consistency within the community. The Plan Commission,
in reviewing the application may require such additional measures
and/or modifications to any or all elements of the site plan as described
in the application submittal required per Section (3)(a) through (h),
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 a 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.
(b)
In reviewing said application the Plan Commission shall make
findings on each of the following criteria to determine whether the
submitted site plan shall be approved, approved with modification,
or denied:
1.
All standards of this chapter and other applicable City, state
and federal regulations are met;
2.
The public health and safety is not endangered;
3.
Adequate public facilities and utilities are provided;
4.
Adequate control of stormwater and erosion are provided and
the disruption of existing topography, drainage patterns, and vegetative
cover is maintained insofar as is practical;
5.
Appropriate traffic control and parking are provided;
6.
Appropriate landscaping and open space areas are provided;
7.
The appearance of structures maintains a consistency of design,
materials, colors, and arrangement with nearby properties of similar
use, which comply with the general architectural guidelines provided
in Subsections (4)(b)7a through e, below:
a.
Exterior construction materials shall be consistent with Section
98-718;
b.
Exterior building design or appearance shall not be of such
unorthodox or abnormal character in relation to its surroundings as
to be unsightly or offensive to generally accepted taste and community
standards;
c.
Exterior building design or appearance shall not be so identical
with nearby buildings so as to create excessive monotony or drabness.
A minimum of five basic home styles shall be provided in each residential
subdivision;
d.
Exterior building design or appearance shall not be constructed
or faced with an exterior material which is aesthetically incompatible
with other nearby buildings or which presents an unattractive appearance
to the public and from surrounding properties; and
e.
Exterior building, sign, and lighting design or appearance shall
not be sited on the property in a manner which would unnecessarily
destroy or substantially damage the natural beauty of the area.
(5)
Initiation of land use or development activity. Except with
the written permission of the Zoning Administrator, 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 chapter and shall be subject to all applicable
enforcement mechanisms and penalties.
(6)
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 chapter. An approved site plan shall be revised and approved via the procedures of Subsections (2) and (4), above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
(7)
Sunset clause. All buildings on an approved site plan not fully
developed within two years of final Common Council approval shall
expire, and all other portions of a project on an approved site plan
not fully developed within a period of five years of final Common
Council approval shall expire, and no additional site plan development
shall be permitted on undeveloped portions of the subject property.
The Common Council may extend this period, as requested per the applicant,
through the conditional use process following a public hearing.
(8)
Fee. A fee is required for this procedure. Refer to Section
98-935.
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(1)
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 98-908), and
the requirements of this chapter as a whole.
(2)
Land uses and development requiring a certificate of occupancy.
Certificates of occupancy shall be required for any of the following:
(a)
Occupancy and use of a building or structure hereafter erected
or structurally altered.
(b)
New occupancy and use of an existing building when the new use
is of a different land use classification (a different line in Table
98-203).
(c)
Occupancy and use of vacant land.
(d)
New use of vacant land when the new use is of a different land
use classification (a different line in Table 98-203).
(e)
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
therefore shall have been issued by the Building Inspection Superintendent.
(3)
Issuance of certificate of occupancy.
(a)
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 chapter.
(b)
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 chapter, the certificate of occupancy
shall be issued within 10 working days after the application therefore
has been made.
(c)
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 chapter. 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.
(4)
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
chapter, or in existence at the effective date of this chapter (see
Section 98-011). 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 chapter. It shall
be the duty of the Building Inspector to issue a certificate of occupancy
for a legal nonconforming use.
(5)
Termination of a certificate of occupancy. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in Subsection (2), above, 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 shall forthwith revoke the certificate of occupancy, by notice in writing to be delivered by him 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 said notice of revocation by certified letter to his 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 chapter.
(6)
Fee. A fee is required for this procedure. Refer to Section
98-935.
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(1)
Purpose. The purpose of this section is to provide regulations
which enable the City to hear and decide requests for permitted variation
from the terms of this chapter as will not be contrary to the public
interest; where owing to special factors, a literal enforcement of
the provisions of this chapter would result in practical difficulty
or unnecessary hardship, so that the spirit of this chapter shall
be observed, public safety and welfare secured, and substantial justice
done; as provided for by § 62.23(7)(e)(7), Wis. Stats.
(2)
Initiation of request for approval of a variance. Proceedings
for approval of a requested variance shall be initiated by:
(a)
An application of the owner(s) of the subject property.
(3)
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 City Clerk to initiate this procedure shall
not occur until the Zoning Administrator has certified acceptance
of the complete application to the City Clerk. No placement of the
application on any agenda, as an item to be acted upon, shall occur
unless said 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
City Clerk, the applicant shall provide the City Clerk with 20 copies
of the complete application as certified by the Zoning Administrator.
Said complete application shall be comprised of all of the following:
(a)
A map of the subject property showing all lands for which the
variance is proposed, and all other lands within 300 feet of the boundaries
of the subject property, together with the names and addresses of
the owners of all lands on said map as the same appear on the current
records of the Register of Deeds of Walworth County (as determined
by the City of Lake Geneva). Said map shall clearly indicate the current
zoning of the subject property and its environs, and the jurisdiction(s)
which maintains that control. Said 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;
(b)
A map, such as the land use plan map, of the generalized location
of the subject property in relation to the City as a whole;
(c)
A written description of the proposed variance describing the
type of specific requirements of the variance proposed for the subject
property;
(d)
A site plan of the subject property as proposed for development.
Said site plan shall conform to any and all the requirements of Section
98-908(3); and
(e)
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 (4)(c)1 through 6, below.
(4)
Review by The Zoning Administrator. The requested variance shall
be reviewed by the Zoning Administrator as follows:
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify applicant.
(b)
Upon notifying the applicant that his 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 (3)(a) through (e), above.
(c)
The Zoning Administrator may also evaluate the application to
determine whether the requested variance is in harmony with the recommendations
of the City of Lake Geneva's Comprehensive Master Plan, particularly
as evidenced by compliance with the standards of Subsection (4)(c)1
through 6, below:
1.
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:
a.
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;
b.
Loss of profit or pecuniary hardship shall not, in and of itself,
be grounds for a variance;
c.
Self-imposed hardship shall not be grounds for a variance. Reductions
resulting from the sale of portions of a property reducing the remainder
of said 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;
d.
Violations by, or variances granted to, neighboring properties
shall not justify a variance;
e.
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.)
2.
In what manner do the factors identified in Subsection (4)(c)1,
above, 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.
3.
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.
4.
Would the granting of the proposed variance as depicted on the
required site plan [see Subsection (3)(d), above], 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 chapter, the Comprehensive Plan,
or any other plan, program, map, or ordinance adopted or under consideration
pursuant to official notice by the City 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 long-range planning matters.
5.
Have the factors which present the reason for the proposed variance
been created by the act of the applicant 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 chapter (see Section 98-011.)?
The response to this question shall clearly indicate that such factors
existed prior to the effective date of this chapter and were not created
by action of the applicant, a previous property owner, or their agent.
6.
Does the proposed variance involve the regulations of Section
98-203 (Table of Land Uses)? The response to this question shall clearly
indicate that the requested variance does not involve the provisions
of this section.
(d)
The Zoning Administrator shall forward the report per Subsection
(4)(b), and if prepared the report per Subsection (4)(c), 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 this chapter and Comprehensive Master Plan, the
Zoning Administrator shall note this determination in the report.
(5)
Review and determination by zoning board of appeals.
(a)
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 § 62.23(7)(d),
Wis. Stats. Said notice shall contain a description of the subject
property and the proposed variance per Subsections (3)(a) and (c),
above. In addition, at least 10 days before said public hearing, the
City 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 300 feet of the boundaries of the subject
property as identified in Subsection (3)(a), above. Failure to mail
said notice, to said clerk(s) of such neighboring municipalities,
provided it is unintentional, shall not invalidate proceedings under
this section.
(b)
Within 30 days after the holding of the public hearing [per
Subsection (5)(a), above], or, within an extension of said period
approved by the applicant and granted by the Zoning Board of Appeals,
the Zoning Board of Appeals make its findings per Subsection (4),
above, 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 said request
for approval of the requested variance at time of its initial meeting,
or said 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.
(c)
If the Zoning Board of Appeals fails to make a determination
within 30 days after said public hearing, then the request for the
variance shall be considered denied.
(d)
Said report shall include a formal findings of facts developed
and approved by the Zoning Board of Appeals concerning the requirements
of Subsection (4)(c)1 through 6, above.
(6)
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 said order of denial, except on grounds
of new evidence or proof of change of factors found valid by the Zoning
Administrator.
(7)
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.
(8)
Stay of proceedings. An application for a variance shall stay
all legal proceedings furthering enforcement of any provisions of
this chapter 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 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. State law reference: § 62.23(7)(e)5., Wis.
Stats.
(9)
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-Wetland, Floodway, Floodplain, or Floodfringe 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. A copy of all
decisions relating to variances to shoreland-wetland conservancy regulations
or to floodland regulations, and a copy of all decisions to shoreland-wetland
conservancy and floodland appeals, shall be transmitted to the DNR
within 10 days of the date of such decision.
(10)
Fee. A fee is required for this procedure. Refer to Section
98-935.
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(1)
Purpose. The purpose of this section is to assign responsibility
for the official interpretation of the provisions of this chapter,
and to describe the required procedure for securing such interpretation.
(2)
Initiation of request for an interpretation. Proceedings for
an interpretation may be initiated by any of the following four methods:
(3)
Application requirements. All applications for interpretations, regardless of the party of their initiation per Subsection (2) above, 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 City Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the City Clerk. No placement of the application on any agenda, as an item to be acted upon, shall occur unless said 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 City Clerk, the applicant shall provide the City Clerk with 20 copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(a)
All requests for interpretations shall clearly indicate the
part of the text of this chapter for which the interpretation is requested
and the specific questions the applicant has regarding said text.
(b)
If the requested interpretation relates to the application of
this chapter to a specific property, the additional following information
shall be required:
1.
A map of the subject property showing all lands for which the
interpretation is requested, and all other lands within 300 feet of
the boundaries of the subject property, together with the names and
addresses of the owners of all lands on said map as the same appear
on the current records of the Register of Deeds of Walworth County
as provided by the City of Lake Geneva. Said map shall clearly indicate
the current zoning of the subject property and its environs, and the
jurisdiction(s) which maintains that control. Said 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;
2.
A map, such as the land use plan map, of the generalized location
of the subject property in relation to the City as a whole;
3.
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
4.
A site plan of the subject property as proposed for development.
Said site plan shall conform to any and all the requirements of Section
98-908(3).
(c)
If the requested interpretation relates to the classification
or treatment of a particular land use under the provisions of this
chapter, a series of written responses to the following questions:
1.
How is the subject land use (in general) in harmony with the
purposes, goals, objectives, policies and standards of the City of
Lake Geneva Comprehensive Plan, this chapter, and any other plan,
program, or ordinance adopted, or under consideration pursuant to
official notice by the City?
2.
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?
3.
Do the potential public benefits of the proposed interpretation
outweigh any and all potential adverse impacts of the proposed interpretation?
(4)
Review by Zoning Administrator.
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify applicant.
(b)
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 (3), above. This review shall also take into consideration
the standards for review presented in Subsection (5), below. The Zoning
Administrator shall also evaluate the application to determine whether
the requested is in harmony with the recommendations of the City of
Lake Geneva's Comprehensive Master Plan.
(c)
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 City's Comprehensive Master Plan, the Zoning
Administrator shall note this determination in the report.
(5)
Standards for review of requested interpretations. This chapter
shall be interpreted in a manner which is consistent with the purposes
intended by the City of Lake Geneva Common Council as noted in this
chapter and the Comprehensive Plan. The intent of the standards and
supporting definitions of this chapter 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 chapter shall proceed as follows:
(a)
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.
(b)
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 the Chapter. Design freedom
is to be encouraged while a lowering of the standards of this chapter
is to be prohibited.
(c)
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 chapter.
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 chapter. 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 chapter has the
power to impose additional restrictions or requirements and exercise
this power in order to protect the public.
(d)
This chapter has been carefully designed by the Common Council
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 for the City of Lake
Geneva. 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 chapter should not substitute
their own judgments for the legislative acts of the Common Council.
(e)
In addition to the applicant's response to the questions required
by Subsection (3) above, the following standards shall govern the
decision on the requested interpretation on land use interpretation
matters:
1.
No interpretation shall allow the establishment of any land
use which was previously considered and rejected by the Common Council
on an application for an amendment to this chapter, the Official Zoning
Map, or a previously applied for appeal from a requested interpretation.
2.
No interpretation shall permit a land use listed as a use permitted
by right or a conditional use in another zoning district if the use
is not listed as permitted in the zoning district of the subject property
(see Section 98-203).
3.
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 Sections 98-203 and
98-206).
4.
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 said district, or permitted in a more
intensive district in the same zoning district category (see Sections
98-102 and 98-203).
5.
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 98-905.
(6)
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 chapter.
These permits and approvals include, but are not limited to required
site plans, conditional uses, and certificates of occupancy.
(7)
Limitations on favorable land use interpretation.
(a)
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.
(b)
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.
(8)
Fee. A fee is required for this procedure. Refer to Section
98-935.
[1-19-2022]
(1)
Purpose. The purpose of this section is to provide regulations
which enable the City to hear and decide requests for appeals from
the interpretations of the Zoning Administrator per Section 98-911
as provided for by § 62.23(7)(e)(7), Wis. Stats.
(2)
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 City affected
by any decision of the Zoning Administrator.
(3)
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 (4), below, 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 said interpretation.
(4)
Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per Subsection (2) above, 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 said complete application to the office of the City Clerk, and to the Zoning Board of Appeals. Said complete application shall be accompanied by all of the following:
(a)
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.
(b)
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.
(5)
Review by the Zoning Administrator. The submitted appeal shall
be reviewed by The Zoning Administrator in the following steps:
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the applicant. If the Zoning Administrator determines
that the application is complete, he shall so notify applicant.
(b)
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 City of Lake Geneva's
Comprehensive Master Plan.
(c)
The Zoning Administrator shall forward a report to the Zoning
Board of Appeals for review and action. If the Zoning Administrator
determines that the proposal may be in conflict with the provisions
of the City's Comprehensive Master Plan or this chapter, the Zoning
Administrator shall note this determination in the report.
(6)
Review and action by the Zoning Board of Appeals.
(a)
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 said public hearing
shall conform to Section 63.23(7)(d) of the Wisconsin Statutes. Said
notice shall contain a description of the issue per Subsection (4)(b),
above. At least 10 days before said public hearing, the City 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 chapter; and to any property owner within
300 feet of the subject property. Failure to mail said notice, provided
it is unintentional, shall not invalidate proceedings under this section.
(b)
Within 60 days after the filing of the complete application
as determined by the Zoning Administrator (or, within an extension
of said 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 (3) above. 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. Said 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.
(c)
If the Zoning Board of Appeals fails to make a determination
within 60 days after the filing of said complete application, then
the request for the appeal shall be considered denied.
(7)
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 said order of denial, except on grounds
of new evidence or proof of change of factors found valid by the Zoning
Administrator.
(8)
Limited effect of a favorable ruling on an appeal.
(a)
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.
(b)
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.
(9)
Fee. A fee is required for this procedure. Refer to Section
98-935.
[1-19-2022]
(1)
Purpose and scope. This district is intended to implement the
urban design recommendations of the Comprehensive Master Plan by preserving
and enhancing the historical quality of the downtown, and by attaining
a consistent visually pleasing image for the downtown area. This district
is designed to forward both aesthetic and economic objectives of the
City by controlling the site design and appearance of development
within the district in a manner which is consistent with sound land
use, urban design, and economic revitalization principles. The application
of these standards will ensure the long-term progress and broad participation
toward these principles.
(2)
CORNICE
DESIGN REVIEW COMMISSION
HEADER
KICKPLATE
SIGN BAND
SILL
TRANSOM
Definitions.
The topmost projecting portion of the entablature, or top
portion of a building. This term also refers to any "crowning" projection
of a building.
The Design Review Commission is comprised of members of the
Plan Commission.
A brick laid so that the end only appears on the face of
the wall, as opposed to a stretcher, which is a brick laid so that
the side only appears.
A horizontal area on the facade of a building located between
the sidewalk/entrance pavement and the lowest storefront windows.
A horizontal area on the facade of a building located between
the transom and the cornice, which is typically opaque and provides
a location for signage indicating the name of the establishment.
A horizontal, lower member or bottom of a door or window
casing.
A horizontal bar of stone, wood or glass across the opening
of a door or window.
(3)
Designation of Downtown Design Overlay Zoning District Boundaries.
The Downtown Design Overlay Zoning District boundaries are depicted
on the City of Lake Geneva Zoning Map. All properties having frontage
on either side of the following described route, and all other properties
located within the boundaries of described route: Beginning at the
intersection of Main Street and Cook Street; thence south along Cook
Street to Wrigley Street; thence southeast along Wrigley Street to
Baker Street; thence east along Baker Street to Lakeshore Drive; thence
north along Lakeshore Drive to Main Street; thence along Main Street
to the former Railroad; thence northwest along the former Railroad
to Geneva Street; thence westerly along Geneva Street to Broad Street;
thence northerly along Broad Street to abandoned railroad right-of-way;
thence southerly along Broad Street to Geneva Street; thence west
along Geneva Street to Cook Street; thence south along Cook Street
to the point and place of beginning.
(4)
Powers and duties of the Zoning Administrator, Design Review
Commission, and Plan Commission for all development. Proposed changes
to the exterior appearance of properties used exclusively for residential
purposes and which do not have frontage on Main Street are hereby
excluded from the provisions of this section. All other applications
within the Downtown Design Overlay Zoning District are subject to
one of the following three processes, as determined by the Zoning
Administrator:
(a)
Applications which involve only a renovation of the exterior
appearance of a property (such as repainting, reroofing, residing
or replacing with identical colors and materials approved by the City
and listed in the attached Appendix), or a change in the exterior
appearance of a property in absolute clear and complete compliance
with the provisions of Subsection (6) below (as determined by the
Zoning Administrator), are subject to downtown renovation review by
the Zoning Administrator. The Zoning Administrator shall determine
whether the petition requires only certification of thorough compliance
with the technical requirements set out in Subsection (5)(a) below.
In part, this effort shall be guided by the City of Lake Geneva Comprehensive
Master Plan;
(b)
Applications which involve only a change in the appearance of
a property (such as painting, roofing, siding, architectural component
substitution, fencing, paving, or signage), are subject to downtown
design review by the Zoning Administrator and the Design Review Commission.
The Zoning Administrator shall serve as the liaison between the applicant
and the Design Review Commission, in facilitating the thorough and
expedient review of an application, and shall ensure that the technical
and procedural requirements of this chapter are met. The Design Review
Commission shall serve as the final review and determining body in
these matters, and shall focus its review on whether the application
complies with sound aesthetic, urban design, historic and architectural
practices pursuant to the procedures outlined in Subsection (5)(b),
below. In part, this effort shall be guided by the comprehensive master
plan;
(c)
Applications which involve modification to the physical configuration
of a property (such as grading, the erection of a new building, the
demolition of an existing building, or the addition or removal of
bulk to an existing building) are subject to downtown project review
by the Zoning Administrator, the Plan Commission, and the Design Review
Commission. The Zoning Administrator shall serve as the liaison between
the applicant, the Plan Commission and the Design Review Commission
in facilitating the thorough and expedient review of an application,
and shall ensure that the technical and procedural requirements of
this chapter are met. The Plan Commission shall serve as the initial
and final discretionary review body on site design, and shall focus
its review on the application's compliance with sound land use, site
design and economic revitalization practices. In part, this effort
shall be guided by the comprehensive master plan. The Design Review
Commission shall serve as the initial and final review and determining
body on aesthetics, and shall focus its review on whether the application
complies with sound aesthetic, urban design, historic and architectural
practices pursuant to the procedures outlined in Subsection (5)(c),
below. In part, this effort shall be guided by the comprehensive master
plan.
(5)
Procedures for downtown project review and approval.
(a)
Downtown renovation review. Applications which involve only
a renovation of the exterior appearance of a property (such as repainting,
reroofing, residing or replacing with identical colors and materials
approved by the City and listed in the attached Appendix), or a change
in the exterior appearance of a property in absolute clear and complete
compliance with the provisions of Subsection (6) below (as determined
by the Zoning Administrator), are subject to downtown renovation review
by the Zoning Administrator. The Zoning Administrator shall serve
to determine whether the applications simply requires certification
of thorough compliance with the technical requirements below. In part,
this effort shall be guided by the attached appendix, which provides
a list of sample projects which are eligible for this form of review.
(Refer to the procedure summary chart at the end of this section.)
1.
Application requirements. All applications for downtown renovation
review shall be made to the Zoning Administrator and shall be accompanied
by the building permit application, and, in addition, shall be accompanied
by all of the following:
a.
A clear depiction of the existing appearance of the property.
Clear color photographs are recommended for this purpose. Scaled and
dimensioned drawings of existing components, such as windows, doors,
railings, fencing or other site components, and/or detailed building
elevations which are proposed for alteration or replacement may be
required by the Zoning Administrator;
b.
A clear depiction of the proposed appearance of the property.
Paint charts, promotional brochures, and/or clear color photographs
of replacement architectural components are recommended for this purpose.
Scaled and dimensioned drawings of proposed components, such as windows,
doors, railings, fencing or other site components, and/or detailed
building elevations which are proposed for renovation or replacement
may be required by the Zoning Administrator;
c.
A written description of the proposed renovation, including
a complete listing of proposed components, materials, and colors.
d.
Written justification for the proposed renovation consisting
of the reasons why the applicant believes the requested alteration
is in harmony with the recommendations of the comprehensive master
plan, particularly as evidenced by compliance with the standards set
out is Subsection (5)(a)2b, below.
2.
Review by the Zoning Administrator. The application for downtown
renovation review shall be reviewed by the Zoning Administrator as
follows:
a.
Within 20 days after the filing of the application, the Zoning
Administrator shall determine whether the application is complete
and fulfills the requirements of this chapter. If the Zoning Administrator
determines that the application is not complete and does not fulfill
the requirements of this chapter, he shall return the application
to the applicant. If the Zoning Administrator determines that the
application is complete, he shall so notify applicant.
b.
Within 20 days after the filing and notification of a complete
application, the Zoning Administrator shall review the application
which 1) shall evaluate its status as merely requiring downtown renovation
review; and 2) shall evaluate and comment on the written justification
for the proposed alteration provided in the application per Subsection
(5)(a)1d, above. The Zoning Administrator shall also evaluate the
application based on the following question: How is the proposed alteration
in harmony with the recommendations of the comprehensive master plan,
particularly as evidenced by compliance with the standards of Subsection
(6), below?
3.
Action by the Zoning Administrator.
a.
The Zoning Administrator may request further information and/or
additional reports from the applicant.
b.
The Zoning Administrator may approve the application as originally
proposed, may approve the application with modifications, may deny
the application, or (where the proposal requires discretionary aesthetic
judgment) shall forward the application to Design Review Commission
as an application for downtown design review.
c.
The Zoning Administrator shall not approve any application unless
he makes written findings of facts regarding the application.
d.
The approval of the proposed renovation shall be considered
as the approval of a unique request, and shall not be construed as
precedent for any other proposed alteration.
(b)
Downtown design review. Applications which involve only a change
in the appearance of a property (such as painting, roofing, siding,
architectural component substitution, fencing, paving, or signage),
are subject to design review by the Zoning Administrator and the Design
Review Commission. The Zoning Administrator shall serve as the liaison
between the applicant and the Design Review Commission in facilitating
the thorough and expedient review of an application, and shall ensure
that the technical and procedural requirements of this chapter are
met. The Design Review Commission shall serve as the final review
and determining body in these matters, and shall focus its review
on the application's compliance with sound aesthetic, urban design,
historic and architectural practices per the procedures outlined below.
In part, this effort shall be guided by the comprehensive master plan.
(Refer to the procedure summary chart at the end of this section.)
1.
Procedure. Downtown design review proposals shall follow the
procedures for site plan review and approval, see Section 98-908.
2.
Application requirements. In addition to the application requirements
for site plan review and approval, all applications for downtown design
review shall be made to the Zoning Administrator and shall be accompanied
by the Building Permit application, and, in addition, shall be accompanied
by all of the following:
a.
A clear depiction of the existing appearance of the property.
Clear color photographs are recommended for this purpose. Scaled and
dimensioned drawings of existing components such as windows, doors,
railings, fencing or other site components, and/or detailed building
elevations which are proposed for alteration or replacement may be
required by the Zoning Administrator or by the City.
b.
A clear depiction of the proposed appearance of the property.
The applicant shall provide physical color samples of all proposed
paints or coatings applied to the actual building material. Samples
will not be returned to the applicant. Promotional brochures and/or
clear color photographs of replacement architectural components are
also recommended for this purpose. Scaled and dimensioned drawings
of proposed components, such as windows, doors, railings, fencing
or other site components, and/or detailed building elevations which
are proposed for alteration or replacement may be required by the
City.
[Ord. No. 14-09]
c.
A written description of the proposed modification, including
a complete listing of proposed components, materials, and colors.
d.
Written justification for the proposed alteration consisting
of the reasons why the applicant believes the requested alteration
is in harmony with the recommendations of the Comprehensive Master
Plan, particularly as evidenced by compliance with the standards set
out is Subsection 2.b., below., using the following question to develop
said written justification. How is the proposed alteration in harmony
with the recommendations of the comprehensive master plan, particularly
as evidenced by compliance with Subsection (6), below?
(c)
Downtown project review. Applications
which involve modification to the physical configuration of a property
(such as the erection of a new building, the demolition of an existing
building, or the addition or removal of bulk to an existing building)
are subject to Downtown Project Review by the Zoning Administrator,
the Plan Commission, and the Design Review Commission. Specifically,
the powers of the Zoning Administrator, Plan Commission, and the Design
Review Commission within the Urban Design Overlay Zoning District
shall be as described in the following sections. The Zoning Administrator
shall serve as the liaison between the applicant, the Plan Commission,
and the Design Review Commission, in facilitating the thorough and
expedient review of an application, and shall ensure that the technical
and procedural requirements of the Zoning Ordinance are met. The Plan
Commission shall serve as the initial and final discretionary review
body on site design, and shall focus its review on the application's
compliance with sound land use, site design and economic revitalization
practices. In part, this effort shall be guided by the comprehensive
master plan. The Design Review Commission shall serve as the final
review and determining body on aesthetics, and shall focus its review
on the application's compliance with sound aesthetic, urban design,
historic and architectural practices per the procedures outlined below.
In part, this effort shall be guided by the comprehensive master plan.
(Refer to the procedure summary chart at the end of this section.)
1.
Procedure. Downtown Project Review proposals shall follow procedures
for conditional use permits, refer to Section 98-905.
2.
Application Requirements. In addition to the application requirements
for conditional use permits, Section 98-905, all applications for
Downtown Project Review shall be made to the Zoning Administrator
and shall be accompanied by the Building Permit application, and,
in addition, shall be accompanied by all of the following:
a.
A clear depiction of the existing appearance of the property.
Clear color photographs are recommended for this purpose. Scaled and
dimensioned drawings of existing components such as windows, doors,
railings, fencing or other site components, and/or detailed building
elevations which are proposed for alteration or replacement may be
required by the Zoning Administrator or by the Plan Commission.
b.
A clear depiction of the proposed appearance of the property.
The applicant shall provide physical color samples of all proposed
paints or coatings applied to the actual building material. Samples
will not be returned to the applicant. Promotional brochures and/or
clear color photographs of replacement architectural components are
also recommended for this purpose. Scaled and dimensioned drawings
of proposed components such as windows, doors, railings, fencing or
other site components, and/or detailed building elevations which are
proposed for alteration or replacement may be required by the Zoning
Administrator or by the Plan Commission.
[Ord. No. 14-09]
c.
For all projects involving a new building, or an addition exceeding
100 square feet of gross floor area, a detailed site plan which provides
the following information:
i.
A title block which indicates the name and address
of the current property owner, developer and project consultants;
ii.
The date of the original plan and the latest date
of revision to the plan;
iii.
A North arrow and a graphic scale. Said scale
shall not be smaller than one inch equals 100 feet;
iv.
All property lines and existing and proposed right-of-way
lines with bearings and dimensions clearly labeled;
v.
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;
vi.
All existing and proposed buildings, structures,
and paved areas, including walks, drives, decks, patios, fences, utility
poles, drainage facilities, and walls;
vii.
All required building setback lines;
viii.
A legal description of the subject property;
ix.
The location, type and size of all signage on the
site;
x.
The location, type and orientation of all exterior
lighting on the subject property;
xi.
The location of all access points, parking and
loading areas on the subject property, including a summary of the
number of parking stalls and labels indicating the dimension of such
areas;
xii.
The location of all outdoor storage areas;
xiii.
The location and type of any permanently protected
green space areas;
xiv.
The location of existing and proposed drainage
facilities;
xv.
In the legend, the following data for the subject
property:
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Lot area;
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Floor area;
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Floor area ratio;
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Impervious surface area;
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Impervious surface ratio; and
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Building height
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d.
A detailed landscaping plan of the subject property, at the
same scale as the main plan, showing the location, species and size
of all proposed plant materials.
e.
A written description of the proposed project, including a complete
listing of proposed components, materials, and colors.
f.
Written justification for the proposed project consisting of
the reasons why the applicant believes the requested alteration is
in harmony with the recommendations of the comprehensive master plan,
particularly as evidenced by compliance with the standards set out
is Subsection 2.b., below., using the following question to develop
said written justification: How is the proposed project in harmony
with the recommendations of the comprehensive master plan, particularly
as evidenced by compliance with the standards of Subsection (9), below?
(6)
Additional recommendations permitted under the design review
process.
(a)
The Zoning Administrator is hereby authorized to make recommendations
for, or require modifications to, a proposed application for downtown
renovation review; and to make recommendations for the modification
of a proposed application for downtown design review or downtown project
review.
(b)
The design review commission is hereby authorized to make recommendations
for, or require modifications to, a proposed application for aesthetic
aspects for downtown design review and downtown project review.
(c)
The Plan Commission is hereby authorized to make recommendations
for, or require modifications to, a proposed application for site
design aspects for Downtown Project Review.
(7)
Appeals. Appeals from the decisions of the Zoning Administrator
and Plan Commission may be made per the provisions of the Municipal
Code and state statutes.
(8)
Penalty. Penalty for violation of the provisions of this chapter
shall be per the provisions of Section 98-936.
(9)
Downtown design standards.
(a)
Overall design theme. The design theme for the downtown area
is based on historic commercial and residential architectural styles
which dominated the economic growth period from 1890 through the 1920s.
1.
Nonresidential development. The design theme varies by location.
a.
Main street frontage. Along Main Street frontage from Cook Street
to Center Street, the nonresidential design theme is characterized
by a variety of architectural styles popular at the time, including
Italianate, Romanesque and Neoclassical, in a two-story format with
office, storage or residential located over commercial. The facades
of these buildings have a traditional main street storefront appearance,
are relatively small in scale, have street-yard and side-yard setbacks
of zero feet, have prominent horizontal and vertical patterns formed
by regularly spaced window and door openings, detailed cornice designs,
rich detailing in masonry coursing, window detailing and ornamentation,
and are predominantly of brick, stone or wood. Exterior building materials
are of high quality. Exterior appurtenances are minimal. Exterior
colors are harmonious, simple and muted. Exterior signage blends,
rather than contrasts with buildings in terms of coloring (complementary
to building), location (on-building), size (small) and number (few).
b.
Remainder of Downtown Design Overlay Zoning District. In this
area, the nonresidential design theme is characterized by a variety
of architectural styles popular throughout the entire 20th Century.
Building styles, heights, setbacks and details vary significantly.
In the desired theme, exterior building materials are of high-quality.
Exterior appurtenances are minimal. Exterior colors are harmonious,
simple and muted. Exterior signage blends, rather than contrasts with
buildings in terms of coloring (complementary to building), location
(on-building), size (small) and number (few).
2.
Residential development. This theme is characterized by a variety
of architectural styles popular at the time, including Queen Anne,
Gothic, High Victorian, Georgian, and Prairie. These homes have generous
street-yard, side-yard and rear-yard setbacks, and are well-landscaped
with a mixture of canopy and understory yard trees, and foundation
shrubs and/or flower beds. For illustrative purposes, examples of
architectural styles which tend to have elements incompatible with
downtown historic styles include (with no attempt to be inclusive)
Spanish Mission, Scandinavian Modern, Bavarian, and California Contemporary.
(b)
Nonresidential construction.
1.
General. Nonresidential construction, including new structures,
building additions, building alterations, and restoration or rehabilitation
shall correspond to the downtown design guidelines as determined by
the Design Review Commission and as evidenced by certain existing
structures within the downtown and by the following requirements for
building setback; height; building mass; horizontal rhythms (created
by the placement and design of facade openings and related elements
such as piers, columns); vertical rhythms (created by the placement
and design of facade details such as sills, transoms, cornices and
sign bands); roof forms; exterior materials; exterior surface features
and appurtenances; exterior colors; exterior signage; on-site landscaping;
exterior lighting; parking and loading area design; and the use of
screening.
2.
Building setback. Throughout the district, the setback of buildings
from street-yard and side-yard property lines shall be compatible
with existing buildings in the immediate area which conform to the
general design theme noted in Subsection (9)(a)1a, (9)(a)1b, and (9)(a)2,
above.
3.
Building height. Throughout the district, the height of buildings
shall be compatible with existing buildings in the immediate area
which conform to the general design theme noted in Subsection (9)(a)1a,
(9)(a)1b, and (9)(a)2, above. In no instance shall buildings be more
than one story taller or shorter than the height of a building of
similar use on one of the immediately adjoining properties, which
conform to the general design theme noted in Subsection (9)(a)1a,
(9)(a)1b, and (9)(a)2, above.
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4.
Building mass. Throughout the district, the mass of buildings
shall be compatible with existing buildings in the immediate area
which conform to the general design theme noted in Subsection (9)(a)1a,
(9)(a)1b, and (9)(a)2, above. The characteristic proportion (relationship
between facade height and width) of the general design theme shall
be maintained. Building mass for large structures (with a facade area
exceeding 5,000 square feet) shall be disguised through the use of
facade articulations, or through the use of exterior treatments which
give the impression of directly adjoining individual buildings. (See
Figures 2 and 3.)
5.
Horizontal rhythms. Along Main Street between Cook Street and
Center Street, the horizontal pattern of exterior building elements
formed by patterns of building openings for windows and doors, and
related elements such as piers and columns shall be spaced at regular
intervals across all visible facades of the building, and shall be
compatible with those of existing buildings in the immediate area
which conform to the general design theme noted in Subsection (9)(a)1a,
(9)(a)1b, and (9)(a)2, above. (See Figures 2 and 3.)
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6.
Vertical rhythms. Along Main Street between Cook Street and
Center Street, the floor heights on main facades shall appear visually
in proportion to those of adjoining buildings. The rhythm of the ground
floor shall harmonize with the rhythm of upper floors. The vertical
pattern of exterior building elements formed by patterns of building
openings for windows and doors, and related elements, such as sills,
headers, transoms, cornices and sign bands, shall be compatible in
design and elevation with those of existing buildings in the immediate
area which conform to the general design theme noted in Subsection
(9)(a)1a, (9)(a)1b, and (9)(a)2, above.
7.
Roof forms. Along Main Street between Cook Street and Center
Street, flat or gently sloping roofs which are not visible from the
street shall be used. Mansards or other exotic roof shapes not characteristic
of the general design theme noted in Subsection (9)(a)1a, (9)(a)1b,
and (9)(a)2, above, as determined by the Design Review Commission
shall not be used. Throughout the district, roof shapes not characteristic
of the general design theme noted in Subsection (9)(a)1a, (9)(a)1b,
and (9)(a)2, above, shall not be used.
8.
Exterior materials. Selected building materials shall be compatible
with those of existing buildings in the immediate area which conform
to the general design theme noted in Subsection (9)(a)1a, (9)(a)1b,
and (9)(a)2, above. In addition:
a.
Masonry. Along Main Street between Cook Street and Center Street,
stone or brick facing should be of even coloration and consistent
size. Cinder block, concrete block, concrete slab, or concrete panel
shall not be permitted.
b.
Siding. Along Main Street between Cook Street and Center Street,
wood or thin board textured vinyl or textured metal clapboard siding
may be appropriate — particularly if the proposed nonmasonry
exterior was used on a building which conforms to the general design
theme noted in Subsection (9)(a)1a, (9)(a)1b, and (9)(a)2, above.
In certain instances, clapboard, board and batten may be in keeping
with the general design theme. Asphalt shingles shall not be permitted.
c.
Glazing. Along Main Street between Cook Street and Center Street,
clear, or slightly tinted glass or related glazing material shall
be used. Mirrored glass, smoked glass, or heavily tinted glass shall
not be permitted.
9.
Exterior surface appurtenances. Exterior surface appurtenances
shall be compatible with those of existing buildings in the immediate
area which conform to the general design theme noted in Subsection
(9)(a)1a, (9)(a)1b, and (9)(a)2, above. In addition:
a.
Along Main Street between Cook Street and Center Street, the
traditional storefront design theme (characterized by strong horizontal
and vertical rhythms formed by building openings, storefront columns,
storefront cornices, upper cornices, kickplates, signbands, large
display windows, and transom windows) shall be employed for all new
nonresidential buildings — including retail, office, professional
service, personal service, maintenance, lodging, entertainment, and
storage uses.
b.
Throughout the district, avoid cluttering building facades with
brackets, wiring, meter boxes, antennas, gutters, downspouts and other
appurtenances. Unnecessary signs shall also be avoided. Where necessary,
such features shall be colored so as to blend in, rather than contrast,
with the immediately adjacent building exterior. Extraneous ornamentation
which is inconsistent with the general design theme noted in Subsection
(9)(a)1a, (9)(a)1b, and (9)(a)2, above, is also prohibited.
c.
Awnings. Throughout the district, awning size, color and placement
should complement the architectural character of the building. Soft,
weather-treated canvas or vinyl materials which allow for flexible
or fixed installation shall be used. Aluminum or suspended metal canopies
shall be prohibited. Signage applied to awnings shall be simple and
durable. Backlit awnings are prohibited.
10.
Building and structure exterior colors. Selected exterior colors
for structures and appurtenances including fixtures, but not including
exterior signage which is regulated per Subsection (9)(b)11, below,
shall be compatible and harmonious with those of existing buildings
in the immediate area which conform to the general design theme noted
in Subsection (9)(a)1a, (9)(a)1b, and (9)(a)2, above. Specifically,
throughout the district.
a.
Bold colors, bright colors, and fluorescent, "day glow," and/or
"neon" colors shall not be permitted. The Zoning Administrator shall
determine whether a proposed color is bold, bright, fluorescent, "day
glow," or "neon" using the process outlined in Appendix B, Where such
colors constitute a component of a standardized corporate theme or
identity, muted versions of such corporate colors shall be used.
b.
High gloss paints, enamels, lacquers, varnishes or other shiny
nonglazing surfaces shall not be used, except as provided for under
Subsection (c), below. Flat paint or satin finishes are encouraged.
c.
Color combination schemes shall be limited to no more than three
different colors for all the structures and appurtenances on a property.
(Varying shades, tints or intensities of a color shall count as a
different color for this purpose.) Natural exterior materials, such
as stone, brick, wood and glass, having a fine-grained assortment
of colors may be considered as one color. Additional colors, including
bold colors, enamels, and high gloss coatings, may be permitted, but
are limited to appurtenances and small architectural elements not
to exceed 5% of an individual facade area. Appurtenances and small
architectural elements include but are not limited to awnings, doors,
sills, lintels, dentils, moldings, frames, brackets, and modillions.
d.
Color schemes shall be used consistently throughout the property,
including on both the upper and lower portions of buildings, and on
all facades of a building or structure.
e.
Unpainted brick or stone exteriors shall not be painted.
[Added 9-26-2022 by Ord. No. 22-08]
11.
Exterior signage. All signage which
is visible from any point outside of the building or structure shall
be compatible and harmonious with the general design theme noted in
Subsection (9)(a)1a, (9)(a)1b, and (9)(a)2, above. Signage regulations
are provided in Article 7, Performance Standards. In addition:
a.
Number of signs. No more than three exterior signs for the same
business shall be visible from any single vantage point on or off
the subject property.
b.
Area of signage. Signage area shall comply with the requirements
for the Commercial Business (CB) District in Section 98-806(6).
c.
Types of signage. Wall signs, projecting signs (smaller than
five square foot) and awning signs [see Subsection (9)(b)9d, above,
for additional restrictions for awning signs] may be used for individual
businesses. Roof signs, mobile signs and portable signs are not permitted
in any instance. Holiday and special event signs shall be regulated
per Section 98-807 of this chapter.
d.
Group development signs. Group development signs may be wall,
projecting, awning or freestanding signs. Such freestanding signs
shall be limited to one per lot, shall not exceed the height of the
principle building on the subject property, shall be limited in area
to a maximum of one square foot of sign area for every two feet of
frontage along the public street located closest to the freestanding
sign, and shall in no instance exceed the area allocated in Table
98-806(6). The base of freestanding signs shall be fully landscaped
per the requirements of Subsection (9)(b)12d, below. The supports
of freestanding signs shall be constructed of materials and in a style
which is consistent with the materials and style of the principle
structure on the site, and with the design guidelines as determined
by the Design Review Commission.
e.
Sign colors:
i.
Bold colors, bright colors and fluorescent, "day
glow," and/or "neon" colors shall not be permitted. The Zoning Administrator
shall determine whether a proposed color is bold, bright, fluorescent,
"day glow," or "neon" using the process outlined in Appendix B, Where
such colors constitute a component of a standardized corporate theme
or identity, muted versions of such corporate colors shall be used.
[Ord. No. 14-09]
ii.
High gloss paints, enamels, lacquers, varnishes
or other shiny nonglazing surfaces shall not be used, except as provided
for under Subsection (9)(b)11eiii, below. Flat paint or satin finishes
are encouraged.
[Ord. No. 14-09]
iii.
Color combination schemes shall be limited to
no more than three different colors for all signs on a property. Varying
shades, tints or intensities of a color shall count as a different
color for this purpose. Natural exterior materials, such as stone,
brick, wood and glass, having a fine-grained assortment of colors
may be considered as one color. Additional colors including bold colors,
enamels, and high gloss coatings may be permitted, but are limited
to appurtenances and small architectural elements not to exceed 5%
of the sign area. Appurtenances and small architectural elements include
but are not limited to moldings, frames, and brackets.
[Ord. No. 14-09]
iv.
Color schemes and lettering styles shall be used
consistently on all signage used throughout the property.
[Ord. No. 14-09]
f.
Sign materials. Permitted sign materials include glass, plastic,
wood, brass, metal leaf, metal plates, canvass or related fabric,
or etched glass, stone or concrete.
g.
Sign illumination. Illumination of exterior signage shall be
limited to shielded spotlight. The lighting element of such fixtures
shall not be visible from public rights-of-way or adjoining properties.
Flashing signs (including illuminated awnings with or without messages)
are not permitted, including neon and related illumination systems.
h.
Sign location. Wall signs, canopy signs and projecting signs
shall not be located on any portion of upper stories. The location
of signs shall fit the building. (See Figure 4, below.)
 |
i.
Removal of signs. Illegal nonconforming signs, poorly maintained
signs, and obsolete signs pertaining to a closed business, shall be
removed. The property owner shall be responsible for the removal of
such signs.
12.
On-site landscaping and screening.
On-site landscaping is not required within portions of the Downtown
Design Overlay Zoning District located along Main Street between Cook
Street and Center Street, except to provide vegetated ground cover
for pervious (nonpaved/roofed) surfaces, and to provide screening
and shading of on-site paved areas.
a.
Groundcover. All areas which are not covered by impervious paving
or structures shall be covered with vegetative groundcover. Appropriate
groundcover includes grasses, forbs, and shrubs.
b.
On-site paved areas. On-site landscaping shall also be provided
for on-site paved areas used for outdoor seating, vehicular parking,
or loading, except for pedestrian and vehicle walks and drives which
connect such areas to public rights-of-way (such as driveways and
walks to building entrances).
i.
Required screening. On-site paved areas, including
parking lots, loading areas, circulation drives, and patios shall
be partially screened from the view of public rights-of-way and adjoining
properties by, at minimum, a continuous vegetated hedge with a minimum
width of five feet, and a height of between 40 and 60 inches. This
hedge may be supplemented by trees and/or compatible iron, masonry,
or wood fencing, and/or berming.
ii.
Required shading. In addition, one canopy tree
(with a minimum installed breast height caliper of 2 1/2 inches)
shall be provided within, or within five feet of the edge of, on-site
paved areas for every 2,000 square feet (or fraction thereof) of paved
area.
c.
Exterior storage and utility areas. Trash storage areas, air-conditioning
units, and related storage and utility areas and components shall
be fully screened from the view of adjoining properties, public rights-of-way,
and customer areas.
d.
Freestanding signs. The base of freestanding signs shall be
fully concealed by plants to a minimum height of 24 inches.
e.
Additional landscaping standards are found in Article 6.
13.
Exterior lighting. Throughout the district, on-site exterior
lighting shall be compatible and harmonious with the general design
theme noted in Subsection (9)(a)1a, (9)(a)1b, and (9)(a)2, above.
Specifically:
a.
Pedestrian lighting. The design, color, height, location and
light quality of on-site pedestrian lighting shall be consistent with
the pedestrian lighting fixtures which complement the district's character.
[Ord. No. 14-09]
b.
Vehicular circulation lighting. The design, color, height, location
and light quality of on-site vehicular circulation lighting shall
be consistent with the lighting fixtures which complement the district's
character.
[Ord. No. 14-09]
c.
Additional lighting standards are found in Section 98-707.
14.
Rehabilitation and restoration.
New projects, building additions, and new appurtenances and features
shall comply with the provisions of Subsection (9)(b)1 through 13,
above. The following standards shall apply where existing construction
is proposed for rehabilitation and/or restoration:
a.
In general. Buildings shall be restored relying on physical
evidence (such as photographs, original drawings, and existing architectural
details) as much as possible, in keeping with the general design theme
noted in Subsection (9)(a)1a, (9)(a)1b, and (9)(a)2, above. Specifically,
throughout the Downtown Design Overlay Zoning District:
i.
Exterior materials and surface features. Materials
and features identical to the original shall be used. Where such knowledge
is lacking, materials and features in common use at the time of building
erection shall be used. Significant architectural features, including
cornices, moldings and coursings shall be preserved or replaced with
identical features and materials where possible.
ii.
Windows and doors. The size, proportion and rhythm
of original windows and doors shall not be altered. Original window
and door openings shall not be blocked, except with a dark opaque
panel placed behind the window or door to preserve the appearance
of the opening. Where now blocked in another manner, blocked window
and doors shall be restored using said method. Window and door features,
including lintels, sills, architraves, shutters, pediments, hoods
and hardware, shall be preserved where possible, or replaced with
identical features and materials. Dark frames (i.e., anodized bronze)
shall be used to replace storefront and upper story windows. Clear
aluminum finishes and mill finish aluminum storm windows are prohibited.
Real shutters and awnings shall be used if there is evidence that
they were a component of the original building design. Vinyl and plastic
shutters and awnings shall be prohibited.
iii.
Shop fronts. Shop fronts should fit inside the
original shop front in terms of all three dimensions (vertical, horizontal
and front to back articulation);
iv.
Display windows. Display windows should be restored
to their original appearance.
v.
Entrances and porches. Original porches and steps
shall be retained, except as required to meet accessibility standards.
Porches, steps and related enclosures which do not comply with the
architectural design theme shall be removed.
vi.
Roofs. The original roof shape and character of
visible materials shall be retained. Original architectural features
which give the roof its essential character, including dormer windows,
cupolas, cornices, brackets, chimneys and weather vanes, shall be
preserved if in keeping with the architectural design theme.
vii.
Painting and color. See Subsection (9)(b)10, above.
viii.
Signage. Any and all signage, existing upon the
adoption date of this chapter, which does not comply with the standards
of Subsection (9)(b)11, above may be continued so long as well maintained.
However, the maintenance of such legal nonconforming signs shall be
limited to repair of the sign structural or lighting elements, and
to the repainting or replacement of the sign face with identical new
material, message, and original appearance. Should a change in material,
message, or original appearance be desired, the legal nonconforming
sign shall be removed.
ix.
Cleaning. Structural components and exterior materials
shall be cleaned when necessary, and with only the gentlest possible
methods. Low pressure water and soft natural bristle brushes are acceptable.
Sandblasting is never acceptable. Other methods shall be pre-approved
by the Plan Commission.
(c)
Residential construction. Proposed residential construction,
located on properties having frontage on Main Street between Cook
Street and Center Street, including new structures, building additions,
building alterations, and restoration or rehabilitation shall be reviewed
per Subsection (5) above and shall correspond to the design guidelines
as determined by the Design Review Commission. The building setback,
height, mass, roof form, exterior materials, exterior surface appurtenances,
exterior colors, landscaping and lighting shall be compatible and
harmonious with the general design theme noted in Subsection (9)(a)1a,
(9)(a)1b, and (9)(a)2, above.
(d)
Designated historic structures. Landmark Center, 772 Main Street;
Riviera Building, 810 Wrigley Drive; Stone Manor, 880 S. Lakeshore
Drive; T.C. Smith House, 865 Main Street; Youngland Coach House, 701
S. Lakeshore Drive; St. Moritz, 327 Wrigley Drive.
(e)
Mural. Murals, as regulated under Section 98-726, shall be exempt
from the requirements for colors in Subsection (9)(b)10a through d,
above.
[Added 9-26-2022 by Ord. No. 22-08]
(10)
(Reserved)
(11)
(Reserved)
(12)
(Reserved)
(13)
(Reserved)
(14)
(Reserved)
(15)
(Reserved)
(16)
(Reserved)
(17)
(Reserved)
(18)
(Reserved)
(19)
(Reserved)
(20)
Community Entry Corridor Urban Design Overlay Zoning District:
(a)
Requirement of compatibility. Proposed site design and construction
within this district, including new structures and building additions
shall be reviewed, per Subsection (5) above, by the Plan Commission.
The building setback, height, mass, roof form, exterior materials,
exterior surface appurtenances, exterior colors, landscaping and lighting
shall be compatible with the following general design theme, as determined
by the Plan Commission.
(b)
Design standards for residential development. The general design
theme for residential development within the Community Entry Corridor
Urban Design Overlay Zoning District shall be designed to accommodate
typical impacts of transportation and nearby nonresidential development
— particularly through the use of building orientation, door
and window location and design, and on-site landscaping and related
buffering structures or berms. Above and beyond such concerns, particular
attention shall be devoted to ensuring that selected residential design
components complement nearby residential styles with high-quality
building materials, in an attractive manner as becoming an entry corridor,
and as determined by the Plan Commission. Where a detailed Neighborhood
Plan has been adopted, it should be used to provide additional guidance
in the design review process.
(c)
Design standards for nonresidential development. The general
design theme for nonresidential development within the Community Entry
Corridor Urban Design Overlay Zoning District is characterized by
high-quality building materials, architectural design, site design,
and on-site landscaping. Prominent urban design elements and architectural
details, which are decorative and functional, shall be considered
as a required component of each site within the district. Above and
beyond such concerns, particular attention shall be devoted to ensuring
that selected nonresidential design components complement nearby nonresidential
styles and to reflect positively on the character of the community,
as becoming an entry corridor, and as determined by the Plan Commission.
Where a detailed neighborhood plan has been adopted, it should be
used to provide additional guidance in the design review process.
(d)
These requirements shall become effective upon the date of adoption
of detailed neighborhood plans and upon the date of depicting these
overlay zoning districts on the Official Zoning Map.
(21)
(Reserved)
(22)
(Reserved)
(23)
(Reserved)
(24)
(Reserved)
(25)
(Reserved)
(26)
(Reserved)
(27)
(Reserved)
(28)
(Reserved)
(29)
(Reserved)
(30)
Community Gateway Urban Design Overlay Zoning District:
(a)
Requirement of compatibility. Proposed site design and construction
within this district, including new structures and building additions
shall be reviewed, per Subsection (5) above, by the Plan Commission.
The building setback, height, mass, roof form, exterior materials,
exterior surface appurtenances, exterior colors, landscaping and lighting
shall be compatible with the following general design theme, as determined
by the Plan Commission.
(b)
Design standards for residential development. The general design
theme for residential development within the Community Gateway Urban
Design Overlay Zoning District shall be designed to accommodate typical
impacts of transportation and nearby nonresidential development, and
to assist in creating a sense of welcome to the City of Lake Geneva
— particularly through the use of building orientation, door
and window location and design, and on-site landscaping and related
buffering structures or berms. Above and beyond such concerns, particular
attention shall be devoted to ensuring that selected residential design
components complement nearby residential styles with high-quality
building materials, in an attractive manner as becoming a gateway
entry to the community, as determined by the Plan Commission. Where
a detailed neighborhood plan has been adopted, it should be used to
provide additional guidance in the design review process.
[Ord. No. 14-09]
(c)
Design standards for nonresidential development. The general
design theme for nonresidential development within the Community Entry
Corridor Urban Design Overlay Zoning District is characterized by
high-quality building materials, architectural design, site design,
and on-site landscaping. Prominent urban design elements and architectural
details, which are decorative and functional, shall be considered
as a required component of each site within the district. Above and
beyond such concerns, particular attention shall be devoted to ensuring
that selected nonresidential design components complement nearby nonresidential
styles and to reflect positively on the character of the community,
and to assist in creating a sense of welcome to the City of Lake Geneva,
as becoming a gateway entry area to the community, and as determined
by the Plan Commission. Where a detailed neighborhood plan has been
adopted, it should be used to provide additional guidance in the design
review process.
[Ord. No. 14-09]
(d)
These requirements shall become effective upon the date of adoption
of detailed neighborhood plans and upon the date of depicting these
overlay zoning districts on the Official Zoning Map.
(31)
(Reserved)
(32)
(Reserved)
(33)
(Reserved)
(34)
(Reserved)
(35)
(Reserved)
(36)
(Reserved)
(37)
(Reserved)
(38)
(Reserved)
(39)
(Reserved)
|
Process for Residential and Nonresidential Proposal Review
| |||||||
|---|---|---|---|---|---|---|---|
|
Procedure
|
Type of Proposal
| ||||||
|
Renovation1
|
Design2
|
Project3
| |||||
|
1. Optional meeting with Plan Commission to discuss proposal
|
No
|
Optional
|
Recommended
| ||||
|
2. Submit zoning permit application to the Zoning Administrator,
including:
|
Yes
|
Yes
|
Yes
| ||||
|
a. Color photos/drawings of existing property, with close-ups
of details
|
Yes
|
Yes
|
Yes
| ||||
|
b. Drawings/depictions of proposed changes to the site and building
exterior
|
Yes
|
Yes
|
Yes
| ||||
|
c. For new projects or additions > 100
square feet, provide site plan including:
i. Chapter block with name of current property owner
and applicant;
ii. Date of original plan graphic and date of most
recent revision;
iii. North arrow and graphic scale;
iv. Property lines and right-of-way lines (with
distances and bearings);
v. Easements;
vi. Existing and proposed buildings, structures
and paved areas;
vii. Required building setback lines;
viii. Legal description of the property;
ix. Location, size, type and orientation of all
exterior signage;
x. Location, type and orientation of all exterior
lighting;
xi. Location of all vehicle access drives, circulation
areas, loading areas and parking stalls;
xii. Location of all outdoor storage and display
areas (including trash facilities);
xiii. Location and purpose of all drainage facilities;
xiv. Location of all permanent green space areas;
and
xv. Site summary data: lot area, floor area, floor
area ratio, impervious surface area, impervious surface ratio
|
No
|
No
|
Yes
| ||||
|
d. Landscaping plan showing the location, size and type of plants
|
No
|
No
|
Yes
| ||||
|
e. Written description of proposal, including exterior materials
and colors
|
Yes
|
Yes
|
Yes
| ||||
|
f. Written justification of proposal answering: How does the
proposal comply with the design standards?
|
Yes
|
Yes
|
Yes
| ||||
|
3. Review and action by the Zoning Administrator/City staff
|
Yes
|
Yes
|
Yes
| ||||
|
4. Review and action by the Design Review Commission on aesthetics
|
No
|
Yes
|
Yes
| ||||
|
5. Review and action by the Plan Commission on site design
|
No
|
No
|
Yes
| ||||
|
6. If proposal is approved:
a. Record documents with Register of Deeds;
b. Work must start within 365 days and be complete
within 730 days;
c. Conditions of approval run with the property.
If the proposal is denied: It may not be resubmitted
for 12 months.
|
Yes
|
Yes
|
Yes
| ||||
|
KEY:
| |
|
Yes: Step is required. No: Step is not required.
| |
|
1
|
Only a renovation of the exterior appearance of a property.
|
|
2
|
Only a change in the appearance of a property.
|
|
3
|
Modification to the physical configuration of a property.
|
[1-19-2022]
(1)
Purpose.
(a)
The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed Planned Developments, and to provide for the
possible relaxation of certain development standards pertaining to
other standard zoning districts.
(b)
Planned developments are intended to provide more incentives
for infill development and redevelopment in areas of the community
which are experiencing a lack of significant reinvestment. They are
also intended to provide for flexible development standards to accommodate
unique sites, mixtures of land uses, or development configurations.
Furthermore, planned developments are designed to forward both the
aesthetic and economic development objectives of the City by controlling
the site design and the appearance, density or intensity of development
in terms of more flexible requirements for land uses, density, intensity,
bulk, landscaping, and parking requirements. In exchange for such
flexibility, the planned development shall provide a much higher level
of site design, architectural control and other aspects of aesthetic
and functional excellence than normally required for other developments.
(c)
Planned developments have the potential to create undesirable
impacts on nearby properties if allowed to develop simply under the
general requirements of this chapter. In addition to such potential,
planned developments also have the potential to create undesirable
impacts on nearby properties which potentially cannot be determined
except with a binding site plan, landscape plan and architectural
plan, and on a case by case basis. In order to prevent this from occurring,
all planned developments are required to meet certain procedural requirements
applicable only to planned developments, in addition to the general
requirements of this chapter. A public hearing process is required
to review a request for a planned development. This process shall
essentially combine the process for a zoning map amendment with that
required for a conditional use, with several additional requirements.
(2)
Provision of flexible development standards for planned Developments.
(a)
Permitted location. Planned developments shall be permitted
with the approval of a Planned Development Zoning District, specific
to the approved planned development, within any one or more standard
zoning districts identified in Section 98-102.
(b)
Flexible development standards. The following exemptions to
the development standards of the underlying zoning district may be
provided with the approval of a planned development:
1.
Land use requirements. All land uses listed as "residential,"
"institutional," or "commercial" in Section 98-203, and permitted
in the base zoning district, may be permitted within a planned development.
2.
Density and intensity requirements. All requirements listed
in Sections 98-304 and 98-305 for residential density and nonresidential
intensity may be waived within a planned development.
3.
Bulk requirements. All requirements listed in Sections 98-402,
98-403, 98-404, 98-405, 98-406 and 98-407 may be waived within a planned
development.
[Ord. No. 99-11 7-26-1999]
4.
Landscaping requirements. All requirements listed in Sections
98-604, 98-605, 98-606, 98-607, 98-608, 98-609 and 98-610 may be waived
within a planned development.
5.
Parking and loading requirements. All requirements listed in
Sections 98-704 and 98-705 may be waived within a planned development.
(c)
Requirements to depict all aspects of development. Only development
which is explicitly depicted on the required site plan approved by
the Common Council as part of the approved planned development, shall
be permitted, even if such development (including all aspects of land
use, density and intensity, bulk, landscaping, and parking and loading),
is otherwise listed as permitted in Section 98-403-98-407. Requested
exemptions from these standards shall be made explicit by the applicant
in the application, and shall be recommended by the Plan Commission
and approved explicitly by the Common Council. If not so requested
and approved, such exemptions shall not be permitted.
(4)
Application requirements. All applications for proposed planned developments, regardless of the party of their initiation per Subsection (3) above, 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 said complete application to the office of the City Clerk. Said application shall apply to each of the process steps in Subsections (5) through (8) below.
(5)
PD Process Step 1. Preapplication conference.
(a)
The applicant shall contact the Zoning Administrator to place
an informal discussion item for the PD on the Plan Commission agenda.
(b)
No details beyond the name of the applicant and the identification
of the discussion item as a PD is required to be given in the agenda.
(c)
At the Plan Commission meeting, the applicant shall engage in
an informal discussion with the Plan Commission regarding the potential
PD. Appropriate topics for discussion may include the location of
the PD, general project themes and images, the general mix of dwelling
unit types and/or land uses being considered, approximate residential
densities and nonresidential intensities, the general treatment of
natural features, the general relationship to nearby properties and
public streets, and relationship to the Master Plan.
(d)
Points of discussion and conclusions reached in this stage of
the process shall be in no way be binding upon the applicant or the
City, but should be considered as the informal, nonbinding basis for
proceeding to the next step.
(6)
PD Process Step 2. Concept plan.
(a)
The applicant shall provide the Zoning Administrator with a
draft PD concept plan submittal packet for a determination of completeness
prior to placing the proposed PD on the Plan Commission agenda for
concept plan review. This submittal packet shall contain all of the
following items, prior to its acceptance by the Zoning Administrator
and placement of the item on a Plan Commission agenda for concept
plan review:
1.
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Lake Geneva
Land Use Plan Map;
2.
A general written description of proposed PD, including:
a.
General project themes and images;
b.
The general mix of dwelling unit types and/or land uses;
c.
Approximate residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio;
d.
The general treatment of natural features;
e.
The general relationship to nearby properties and public streets;
f.
The general relationship of the project to the Master Plan;
g.
An initial draft list of zoning standards which will not be
met by the proposed PD and the location(s) in which they apply and,
a complete list of zoning standards which will be more than met by
the proposed PD and the location(s) in which they apply. Essentially,
the purpose of this listing shall be to provide the Plan Commission
with information necessary to determine the relative merits of the
project in regard to private benefit versus public benefit, and in
regard to the mitigation of potential adverse impacts created by design
flexibility; and
4.
A conceptual plan drawing (at 11 inches by 17 inches) of general
land use layout and general location of major public streets and/or
private drives. Applicant may submit copies of a larger version of
the plan in addition to the 11 inches by 17 inches reduction.
(b)
Within 10 working days of receiving the draft PD Concept Plan
Submittal Packet, the Zoning Administrator shall determine whether
the submittal is complete. Once the Zoning Administrator has received
a complete packet, the proposed PD concept plan shall be placed on
the Plan Commission agenda.
(c)
At the Plan Commission meeting, the applicant shall engage in
an informal discussion with the Plan Commission regarding the conceptual
PD. Appropriate topics for discussion may include any of the information
provided in the PD concept plan submittal packet, or other items as
determined by the Plan Commission.
(d)
Points of discussion and conclusions reached in this stage of
the process shall in no way be binding upon applicant or the City,
but should be considered as informal, nonbinding basis for proceeding
to the next step. The preferred procedure is for one or more iterations
of Plan Commission review of the concept plan to occur prior to introduction
of the formal rezoning petition which accompanies GDP application.
(7)
PD Process Step 3. General development
plan (GDP).
(a)
The applicant shall provide the Zoning Administrator with a
draft GDP plan submittal packet for a determination of completeness
prior to placing the proposed GDP on the plan commission agenda for
GDP review. This submittal packet shall contain all of the following
items, prior to its acceptance by the Zoning Administrator and placement
of the item on a Plan Commission agenda for GDP review:
1.
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Lake Geneva
Land Use Plan Map;
2.
A map of the subject property showing all lands for which the
Planned Development is proposed, and all other lands within 300 feet
of the boundaries of the subject property, together with the names
and addresses of the owners of all lands on said map as the same appear
on the current records of the Register of Deeds of Walworth County
(as provided by the City of Lake Geneva). Said map shall clearly indicate
the current zoning of the subject property and its environs, and the
jurisdiction(s) which maintains that control. Said 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;
3.
A general written description of proposed PD, including:
a.
General project themes and images;
b.
The general mix of dwelling unit types and/or land uses;
c.
Approximate residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio;
d.
The general treatment of natural features;
e.
The general relationship to nearby properties and public streets;
f.
The general relationship of the project to the Master Plan,
g.
A statement of rationale as to why PD zoning is proposed. This
shall identify barriers that the applicant perceives in the form of
requirements of standard zoning districts and opportunities for community
betterment the applicant suggests are available through the proposed
PD zoning.
h.
A complete list of zoning standards which will not be met by
the proposed PD and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PD and the location(s) in which they apply shall be identified. Essentially,
the purpose of this listing shall be to provide the Plan Commission
with information necessary to determine the relative merits of the
project in regard to private benefit versus public benefit, and in
regard to the mitigation of potential adverse impacts created by design
flexibility.
4.
A general development plan drawing at a minimum scale of one
inch equals 100 feet (11 inches by 17 inches reduction shall also
be provided by applicant) of the proposed project showing at least
the following information in sufficient detail to make an evaluation
against criteria for approval:
a.
A conceptual plan drawing (at 11 inches by 17 inches) of the
general land use layout and the general location of major public streets
and/or private drives. The applicant may submit copies of a larger
version of the plan in addition to the 11 inches by 17 inches reduction;
b.
Location of recreational and open space areas and facilities
and specifically describing those that are to be reserved or dedicated
for public acquisition and use;
c.
Statistical data on minimum lot sizes in the development, the
approximate areas of large development lots and pads, density/intensity
of various parts of the development, floor area ratio, impervious
surface area ratio and landscape surface area ratio of various land
uses, expected staging, and any other plans required by the Plan Commission
or Common Council; and
d.
Notations relating the written information provided in Subsection
(7)(a)3a through f, above to specific areas on the GDP Drawing.
5.
A general conceptual landscaping plan for subject property,
noting approximate locations of foundation, street, yard and paving,
landscaping, and the compliance of development with all landscaping
requirements of this chapter (except as noted in the listing of exceptions)
and the use of extra landscaping and buffer yards.
6.
A general signage plan for the project, including all project
identification signs and concepts for public fixtures and signs (such
as street light fixtures and/or poles or street sign faces and/or
poles) which are proposed to vary from City standards or common practices.
7.
Written justification for the proposed planned development.
(The applicant is advised to use the requirements of the conditional
use procedure to develop said written justification.)
8.
The process for review and approval of the GDP shall be identical
to that for an amendment to the Official Zoning Map per Section 98-903
of this chapter and (if land is to be divided) to that for preliminary
and final plats of subdivision per the Municipal Code. The approval
of a GDP shall establish a PD/GDP overlay that is depicted as such
on the Official Zoning Map. The underlying use zoning, however, shall
control development within the area of the GDP until all or portions
of the GDP are approved as a PIP.
9.
Failure to initiate construction within two years or to complete
development within five years.
a.
Any approved PD/GDP for which the owner has not initiated construction
activity within two years of final Common Council approval shall expire
and the property subject to the PD zoning shall automatically revert
to the previous zoning district. Prior to such an expiration and reversion,
the applicant may request an extension of this period. Said request
shall require formal approval by the Common Council and shall be based
on a showing of acceptable justification (as determined by Common
Council).
[Ord. No. 08-11 8-11-2008]
b.
All portions of an approved PD/GDP not fully developed within
five years of final Common Council approval shall expire, and no additional
PD-based development shall be permitted under the GDP. No later than
60 days prior to the expiration of the five year period, the Zoning
Administrator shall make a recommendation to the Plan Commission regarding
successor zoning for the portions of the GDP area which remain undeveloped
and partially developed. This recommendation may be for time period
extensions of the GDP (for up to a total of 10 more years), a new
standard zoning district or a combination of standard zoning districts.
Recommendations for standard zoning districts shall be based on the
standard zoning district(s) most comparable in land use and intensity
to the approved GDP, and/or the Comprehensive Plan. The recommendation
of the Zoning Administrator shall be considered by the Plan Commission
following a public hearing for a Zoning Map Amendment. The Plan Commission
shall then make a recommendation to the Common Council for its decision.
[Ord. No. 08-11 8-11-2008]
(8)
PD Process Step 4. Precise implementation plan (PIP).
(a)
After the effective date of the rezoning to PD/GDP, the applicant
may file an application for a proposed precise implementation plan
(PIP) with the Plan Commission. This submittal packet shall contain
all of the following items, prior to its acceptance by the Zoning
Administrator and placement of the item on a Plan Commission agenda
for PD review:
1.
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Lake Geneva
Land Use Plan Map;
2.
A map of the subject property showing all lands for which the
Planned Development is proposed, and all other lands within 300 feet
of the boundaries of the subject property, together with the names
and addresses of the owners of all lands on said map as the same appear
on the current records of the Register of Deeds of Walworth County
(as provided by the City of Lake Geneva). Said map shall clearly indicate
the current zoning of the subject property and its environs, and the
jurisdiction(s) which maintains that control. Said map and all its
parts and attachments shall be submitted in a form which is clearly
reproducible, 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;
3.
A general written description of proposed PIP including:
a.
Specific project themes and images;
b.
The specific mix of dwelling unit types and/or land uses;
c.
Specific residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio;
d.
The specific treatment of natural features;
e.
The specific relationship to nearby properties and public streets;
f.
A statement of rationale as to why PD zoning is proposed. This
shall identify barriers that the applicant perceives in the form of
requirements of standard zoning districts and opportunities for community
betterment the applicant suggests are available through the proposed
PD zoning.
g.
A complete list of zoning standards which will not be met by
the proposed PIP and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PIP and the location(s) in which they apply shall be identified. Essentially,
the purpose of this listing shall be to provide the Plan Commission
with information necessary to determine the relative merits of the
project in regard to private benefit versus public benefit, and in
regard to the mitigation of potential adverse impacts created by design
flexibility.
4.
A precise implementation plan drawing at a minimum scale of
one inch equals 100 feet (11 inches by 17 inches reduction shall also
be provided by applicant) of the proposed project showing at least
the following information in sufficient detail to make an evaluation
against criteria for approval:
a.
A PIP site plan conforming to any and all the requirements of
Section 98-908(3). If the proposed planned development is a cluster
development [per Section 98-206(1)(b) through (f)] or a group development
(per Section 98-208) a proposed preliminary plat or conceptual plat
shall be provided in addition to the required site plan;
b.
Location of recreational/open space areas and facilities, specifically
describing those that are to be reserved or dedicated for public acquisition
and use;
c.
Statistical data on minimum lot sizes in the development, the
precise areas of all development lots and pads, density/intensity
of various parts of the development, floor area ratio, impervious
surface area ratio and landscape surface area ratio of various land
uses, expected staging, and any other plans required by the Plan Commission
or Common Council; and
d.
Notations relating the written information provided in Subsection
(8)(a)3a through f, above, to specific areas on the GDP Drawing.
5.
A landscaping plan for subject property, specifying the location,
species, and installed size of all trees and shrubs. This plan shall
also include a chart which provides a cumulative total for each species,
type and required location (foundation, yard, street, paved area or
buffer yard) of all trees and shrubs.
6.
A series of building elevations for the entire exterior of all
buildings in the Planned Development, including detailed notes as
to the materials and colors proposed.
7.
A general signage plan for the project, including all project
identification signs, concepts for public fixtures and signs (such
as street light fixtures and/or poles or street sign faces and/or
poles), and group development signage themes which are proposed to
vary from City standards or common practices.
8.
A general outline of the intended organizational structure for
a property owners association, if any; deed restrictions and provisions
for private provision of common services, if any.
9.
A written description which demonstrates the full consistency
of the proposed PIP with the approved GDP.
10.
Any and all variations between the requirements of the applicable
PD/GDP zoning district and the proposed PIP development; and,
11.
The applicant shall submit proof of financing capability pertaining
to construction and maintenance and operation of public works elements
of the proposed development.
12.
The area included in a precise implementation plan may be only
a portion of the area included in a previously approved general implementation
plan.
13.
The precise implementation plan (PIP) submission may include
site plan and design information, allowing the Plan Commission to
combine design review and review of the PIP. Design review may, at
the choice of the applicant, be deferred until a later time when specific
site and building developments will be brought forth.
14.
The Plan Commission or Common Council may specify other plans,
documents or schedules that must be submitted prior to consideration
or approval of the PIP, as such may be relevant to review.
15.
The process for review and approval of the PD shall be identical
to that for conditional use permits per Section 98-905 of this chapter
and (if land is to be divided) to that for preliminary and final plats
of subdivision per the Municipal Code. The approval of a PD/PIP shall
formally establish the PD/PIP overlay zoning district and any such
land uses and site plans included in the approved PIPs.
16.
All portions of an approved PD/PIP not fully developed within
five years of final Common Council approval shall expire, and no additional
development shall be permitted under the PIP. No later than 60 days
prior to the expiration of the five-year period, the Zoning Administrator
shall make a recommendation to the Plan Commission regarding successor
zoning for the portions of the PIP area which remain undeveloped and
partially developed. This recommendation may be for time period extensions
of the PIP (for up to a total of 10 more years), a new standard zoning
district or a combination of standard zoning districts. Recommendations
for standard zoning districts shall be based on the standard zoning
district(s) most comparable in land use and intensity to the approved
PIP, and/or the Comprehensive Plan. The recommendation of the Zoning
Administrator shall be considered by the Plan Commission following
a public hearing for a Zoning Map Amendment. The Plan Commission shall
then make a recommendation to the Common Council for its decision.
[Ord. No. 08-11 8-11-2008]
17.
The City may require the applicant to provide surety, with the
approval of the City Attorney, to ensure the development of public
and private improvements.
[1-19-2022]
(1)
When required. No structure, land, water, or air shall hereafter
be used and no structure or part thereof shall hereafter be located,
erected, moved, reconstructed, extended, enlarged, converted, or structurally
altered without a zoning permit, and without full compliance with
the provisions of this chapter and all other applicable local, county,
state and federal regulations. Unless another section of this chapter
specifically exempts certain types of development from this requirement,
a zoning permit shall be obtained from the Zoning Administrator before
any new development, as defined in Subsection (3)(b), or any change
in the use of an existing building or structure is initiated.
(2)
Application. An application for a zoning permit shall be made
to the Zoning Administrator upon forms furnished by the City and shall
include for the purpose of proper enforcement of these regulations
the following information:
a.
General information:
1.
Name, address and telephone number of applicant, property owner,
architect, engineer, and contractor, where applicable.
2.
Description of the subject site by lot, block and recorded subdivision
or by metes and bounds; address of the subject site; type of structure;
existing and proposed operation or use of the structure or site; number
of employees; and the zoning district within which the subject site
lies.
3.
Additional information as may be required by the Plan Commission
or Zoning Administrator.
4.
Fee receipt from the City Treasurer in an amount specified in
Subsection (2)d of this section.
b.
Plat of survey. Plat of survey prepared by a land surveyor registered
in Wisconsin showing the location, boundaries, dimensions, uses and
size of the following: subject site; existing and proposed structures;
existing and proposed easements, streets and other public ways; off
street parking, loading areas and driveways; existing highway access
restrictions; high water, channel floodway and floodplain boundaries;
and existing and proposed street, side and rear yards. In addition,
the plat of survey shall show type, slope and boundaries of soils
shown on the operations soil survey maps prepared by the USDA Soil
Conservation Service for the Southeastern Wisconsin Regional Planning
Commission.
c.
Site development plan. The site development plan shall be submitted
as a part of the permit application and shall contain the following
information drawn to scale:
1.
Dimensions and area of the lot.
2.
Location of any structures with distances measured from the
lot lines and center line of all abutting streets or highways.
3.
Description of any existing or proposed on-site sewage systems
or private water supply systems.
4.
Location of the ordinary high water mark of any abutting navigable
waterways.
5.
Boundaries of all wetlands.
6.
Existing and proposed topographic and drainage features and
vegetative cover.
7.
Location of floodplain and floodway limits on the property as
determined from floodplain zoning maps.
8.
Location of existing or future access roads.
9.
Specifications and dimensions for areas of proposed wetland
alteration.
d.
Fees.
a.
All applicants shall pay a zoning permit fee as determined by
the Common Council from time to time.
b.
Zoning permit fees do not include and are in addition to building
permit fees established in the Municipal Code.
c.
A double fee may be charged by the Zoning Administrator if work
is started before a permit is applied for and issued. Such double
fee shall not release the applicant from full compliance with this
chapter nor from prosecution for violation of this chapter.
(3)
Determination and expiration. A zoning permit shall be granted
or denied by the Zoning Administrator in writing within 30 days of
application and the applicant shall post such permit in a conspicuous
place at the site. The permit shall expire within four months unless
work equal to 10% of the dollar amount of the permits has been completed
or within 18 months after the issuance of the permit if the structure
for which a permit issued is not 75% completed as measured by the
dollar amount of the permit. The applicant shall reapply for a zoning
permit before recommencing work on the structure. Any permit issued
in conflict with the provisions of this chapter shall be null and
void.
[1-19-2022]
The purpose of this portion of the article is to establish the
administrative and enforcement framework for the application of this
chapter.
[1-19-2022]
(1)
Designation. The Building Inspector or a designee of the Building
Inspector is hereby designated as the administrative and enforcement
officer for the provisions of this Code and is also herein referred
to as the Zoning Administrator. The duty of the Zoning Administrator
is to interpret and administer this Code and to issue, after on-site
inspection, all permits required by this Code.
(2)
Duties. The provisions of this chapter shall be administered
and enforced by the Zoning Administrator or a designee, who in addition
thereto and in furtherance of said authority shall:
(a)
Determine that all detailed site analyses, building permits,
certificates of occupancy, sign permits, site plans, (and their constituent
plans) comply with all provisions of this chapter.
(b)
Conduct inspections of buildings, structures, waters and land
to determine compliance with all provisions of this chapter.
(c)
Be permitted access to premises and structures during reasonable
hours to make those inspections as deemed necessary by him to ensure
compliance with this chapter. If, however he is refused entry after
presentations of his identification, he may procure a special inspection
warrant in accordance with § 66.122, Wis. Stats. Conduct
inspections of buildings, structures, waters and land to determine
compliance with all provisions of this chapter.
(d)
Maintain permanent and current records of this chapter, including
but not limited to all maps, amendments, conditional uses, temporary
uses, sign permits, site plans, occupancy permits, variances, appeals,
interpretations, and applications therefor.
(e)
Record the first floor and lowest floor (basement or crawlway)
elevations of all structures erected, moved, altered, or improved
in the floodland districts.
(f)
Receive, file and forward all applications for any and all procedures
governed by this chapter to the designated official bodies.
(g)
Investigate all complaints made relating to the location of
structures and the use of structures, lands, and waters, give notice
of all violations of this Code to the owner, resident, agent, or occupant
of the premises, and report uncorrected violations to the City Attorney
in a manner specified by him.
(h)
Institute, in the name of the City of Lake Geneva, any appropriate
actions or proceedings against a violator of this chapter, as provided
by law.
(i)
Prohibit the use or erection of any structure, land or water
until he has inspected and approved such use or erection.
(j)
Where useful, the Zoning Administrator, or his agent, may set
marks on bridges or buildings or other markers which show the depth
of the regional flood; or may set marks delineating the boundaries
of wetlands.
(k)
Request assistance and cooperation from the City Police Department
and City Attorney as deemed necessary.
(l)
Make available to the public, to the fullest extent possible,
all reports and documents concerning the City's comprehensive plan
and ordinances. In addition, information in the form of reports, bulletins,
maps, and engineering data shall be readily available and widely distributed.
The Common Council may set fees necessary to recover the cost of providing
information to the public.
(m)
The Zoning Administrator or other City staff may designate Deputy
Zoning Administrators.
(n)
Make interpretations regarding the provisions of this chapter
per Section 98-911.
(o)
Grant minor variations from the dimensional (setback, height,
and area requirements of this chapter; up to a maximum variation of
10% for setbacks and height limitations; and up to a maximum variation
of 10% or 1,000 square feet for area requirements (whichever is less);
so long as the spirit and intent of the performance standards are
preserved.
[1-19-2022]
The Plan Commission, together with its other statutory duties,
shall make reports and recommendations relating to the plan and development
of the City to the Common Council, other public officials and other
interested organizations and citizens. The Commission, its members
and employees, in the performance of its functions, may enter upon
any land and make examinations and surveys.
In general, the Plan Commission shall have such powers as may
be necessary to enable it to perform its functions and promote municipal
planning. Under this Code, its functions are primarily recommendatory
to the Common Council pursuant to guidelines set forth in this Code
as to various matters, and, always, being mindful of the intent and
purposes of this Code. Recommendations shall be in writing. A recording
thereof in the Commission's minutes shall constitute the required
written recommendation. The Commission may, in arriving at its recommendation,
on occasion and of its own volition, conduct its own public hearing.
[1-19-2022]
The Zoning Board of Appeals shall have the power and duty to
review and determine all matters relating to requested variances from
the provisions of this chapter (see Section 98-910); or appeals regarding
an interpretation of the Zoning Administrator of the provisions of
this chapter (see Section 98-911 and 98-912).
(1)
Establishment and membership. A Zoning Board of Appeals is hereby
established. The Zoning Board of Appeals shall consists of five members
appointed by the Mayor, subject to confirmation by the Common Council,
for three years, except that of those first appointed, one shall serve
for one year; two for two years. The members shall serve without compensation
and shall be removable by the Mayor for cause upon written charges
and after public hearing. The Mayor shall designate one of the members
Chairman. The Mayor shall appoint subject to confirmation of the Council
for staggered terms of three years, two alternate members of such
board, in addition to the five members above provided for. Annually,
the Mayor shall designate one of the alternate members as first alternate
and the other as second alternate. The first alternate shall act,
with full power, only when a member of the Board refuses or declines
to vote, is disqualified because of interest, or when a member is
absent. The second alternate shall so act when the first alternate
so refuses or declines to vote, is disqualified because of interest
or is absent or when more than one member so refuses or declines,
is disqualified, or is absent. Other provisions herein appearing,
with regard to removal and filling of vacancies, shall apply to such
alternates. Vacancies shall be filled for the unexpired terms of members
whose terms become vacant. Appointments shall be made at the organizational
meeting the third Tuesday in April. Terms of office shall commence
the first day of May. The City Clerk shall serve as Secretary of the
Board. The Board of Appeals may employ other employees.
(2)
Organization. The Board of Appeals shall adopt rules for its
government and procedure. Meetings of the Board of Appeals shall be
held at the call of the Chairman, and at such other times as the Board
of Appeals may determine. The Chairman, or in his absence an elected
Acting Chairman, may administer oaths and compel the attendance of
witnesses. All meeting shall be open to the public.
The Board of Appeals shall keep minutes of its proceedings,
showing the vote of each member upon each questions, or if absent
or failing to vote, indicating such fact, and shall keep records of
its examinations and other official actions, all of which shall be
immediately filed in the office of the Board of Appeals, which is
the City Clerk's office, and shall be a public record.
(3)
Powers.
(a)
The Board of Appeals shall have the following powers:
1.
To hear and decide appeals when it is alleged there is error
in any order, requirement, decision or determination made by the Zoning
Administrator.
2.
To hear and decide special exceptions to the terms of this Code
upon which the Board of Appeals is required to pass.
3.
To authorize, upon appeal in specific cases, such variance from
the terms of this Code as will not be contrary to the public interest,
when, owing to special conditions, a literal enforcement will result
in practical difficulty or unnecessary hardship, so that the spirit
of the ordinance shall be observed, public safety and welfare secured,
and substantial justice done.
4.
Permit in appropriate cases, and subject to appropriate conditions
and safeguards in harmony with the general purpose and intent of this
Code, a building or premises to be erected or used for such public
utility purposes in any location which is reasonably necessary for
the public convenience and welfare.
(b)
In exercising the above listed powers, the Board of Appeals
may reverse or affirm wholly or in part or may modify any order, requirement,
decision or determination appealed from and shall make such order,
requirement, decision, or determination as in its opinion ought to
be made in the premises and to that end shall have all the powers
of the Zoning Administrator or other administrative officer from whom
the appeal is taken. The concurring vote of four members of the Board
of Appeals shall be necessary to reverse any order, requirement, decision,
or determination appealed from or to decide in favor of the applicant
on any matter on which it is required to pass or to effect any variation
in the requirements of this Code.
(c)
In addition to the foregoing powers, the Board of Appeals shall
have the following specific powers:
1.
To interpret the provisions of this Code in such a way as to
carry out the intent and purpose of the plan, as shown on the Zoning
Map accompanying and made a part of this Code, where the street layout
actually on the ground varies from the street layout on the aforesaid
map.
2.
The Board of Appeals shall have the power to call on any other
city department for assistance in the performance of its duties and
it shall be the duty of such other departments to render such assistance
as may be reasonably required.
(d)
Except as specifically provided, no action of the Board of Appeals
shall have the effect of permitting in any district uses prohibited
in such districts.
(4)
Appeals. Appeals to the Board of Appeals may be taken by any
person aggrieved or by any officer, department, board or bureau of
the City of Lake Geneva affected by any decision of the administrative
officers. Such appeal shall be taken within 30 days, as provided by
the rules of the Board of Appeals, by filing with the officer(s) from
whom the appeal is taken and with the Board of Appeals a notice of
appeal specifying the grounds thereof, together with payment of a
filing fee as may be established by the Common Council. The officer(s)
from whom the appeal is taken shall forthwith transmit to the Board
of Appeals all papers constituting the record of appeals upon which
the action appealed from was taken. The Board of Appeals shall fix
a reasonable time for the hearing of appeals and give public notice
thereof as well as due notice to the parties in interest, and shall
decide to same within a reasonable time.
[Ord. No. 00-15 12-11-2000]
(5)
Notice of hearing. The Board of Appeals shall fix a reasonable
time and place for the hearing, within 45 days of filing, cause notice
thereof to be published in the official newspaper not less than seven
days prior thereto, cause notice to be given to the appellant or applicant
and the administrative officer(s) appealed from by regular mail or
by personal service not less than five days prior to the date of hearing.
In every case involving a variance, notice shall also be mailed not
less than five days prior to the hearing to the fee owners of record
of all land within 300 feet of any part of the subject building or
premises involved in the appeal.
[Ord. No. 00-15 12-11-2000]
(6)
Hearings. Hearings on appeals shall be public and shall be conducted
according to the rules of procedure adopted by the Board. At the hearing,
the appellant or applicant may appear in person, by agent or by attorney.
Decisions of the Board following public hearing may be made either
in public or closed session as the Board shall determine.
(7)
Findings.
(a)
Findings of fact and reasons for all actions taken shall be
reduced by the Board to writing in the minutes of the proceedings.
(b)
The Board is authorized to grant a variance from this chapter
which is not contrary to the public interest and if the following
findings are found to be in the affirmative:
1.
There exists a unique hardship, which is caused by special condition
of the property and is not self created by the applicant.
2.
A literal enforcement of the provisions of this chapter will
result in practical difficulty or undue hardship.
3.
Granting of the variance is within the spirit of this chapter.
4.
The Public's health, safety and welfare are secured.
5.
Granting of the variance will result in justice being served.
[Ord. No. 04-33 8-23-2004]
(c)
Further to be considered by the Board in case of appeal based
on variance, in arriving at its reasons and grounds for the above-required
findings, are the following:
1.
Preservation of intent. No variance shall be granted that is
not consistent with the purpose and intent of the regulations for
the district in which the development is located. No variance shall
have the effect of permitting a use in any district that is not a
stated permitted use, accessory use, or conditional use in that particular
district.
2.
Exceptional circumstances. There may be exceptional, extraordinary,
or unusual circumstances or conditions applying to the lot or parcel,
structure, use or intended use that do not apply generally to other
properties or uses in the same district and the granting of the variance
would not be of so general recurrent nature as to suggest that the
Zoning Code should be changed.
3.
Economic hardship and self-imposed hardship not grounds for
variance. No variance shall be granted solely on the basis of economic
gain or loss. Self-imposed hardships shall not be considered as grounds
for the granting of a variance.
4.
Preservation of property rights. Such variance may be necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same district and same vicinity.
5.
Absence of detriment. Such variance should not create substantial
detriment to adjacent property and shall not materially impair or
be contrary to the purpose and spirit of this Code or the public interest.
(d)
Additional requirements in floodland districts. No variance
shall be granted when it is found:
1.
Filling and development contrary to the purpose and intent of
the Floodway District (FW) and the Floodplain District (FP) would
result.
2.
A change in the boundaries of the Floodway District (FW), Floodplain
District (FP), or the Floodfringe District (FF) would result.
3.
A lower degree of flood protection than a point two feet above
the 100-year recurrence interval flood for the particular area would
result.
4.
Any action contrary to the provisions of Subchapter NR-116 of
the Wisconsin Administrative Code would result.
(8)
Wetland and floodland mapping disputes.
(a)
Wetland disputes. See Section 98-504(13).
(b)
Floodland disputes. Whenever the Board of Appeals is asked to
interpret a floodland boundary where an apparent discrepancy exists
between the federal flood insurance study and the actual field conditions,
the following procedure shall be used. The floodland boundary shall
be determined by use of the flood profiles contained in an engineering
study, or where such information is not available to the Board of
Appeals, the person contesting the location of the district boundary
shall be given the opportunity to present his own technical evidence.
Where it is determined that the floodplain is incorrectly mapped,
the Board of Appeals shall advise the City Plan Commission of its
findings and the Plan Commission shall proceed to petition the Common
Council for a map amendment.
(9)
Decision. The Zoning Board of Appeals shall decide all appeals
and applications within 30 days after the public hearing and shall
transmit by regular mail to the address on the application a signed
copy of the Board's decision to the appellant or applicant, Zoning
Administrator, and City Plan Commission.
(a)
Conditions may be placed upon any Zoning Permit ordered or authorized
by this Board.
(b)
Variances, substitutions, or use permits granted by the Board
shall expire within six months unless substantial work has commenced
pursuant to such grant.
(c)
Applicants receiving variances in floodlands shall be notified,
in writing, by the Board of Appeals that increased flood insurance
premiums and risk to life or property may result from the granting
of the variance. The Board shall keep a record of the notification
in its files.
(10)
Notice to the DNR. The Zoning Board of Appeals shall transmit
a copy of each application for a variance to conservancy regulations
in the lakeshore portion of the shoreland-wetland overlay district
or to the floodland regulations in a FW, FP, or FF floodland district,
and a copy of all shoreland-wetland and 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-wetland regulations or to floodland
regulations, and a copy of all decisions to shoreland-wetland and
floodland appeals, shall be transmitted to the DNR within 10 days
of the date of such decision.
(11)
Review by court of record. Any persons aggrieved by any decision
of the Board of Appeals may present to a court of record a petition,
duly verified, setting forth that such decision is illegal and specifying
the grounds of the illegality. Such petition shall be presented to
the court within 30 days after the filing of the decision in the offices
of the Board.
[1-19-2022]
(1)
Fees for procedures or permits requested by a private party.
The fees for the procedures and permits established by this chapter
shall be established by resolution of the Common Council of the City
of Lake Geneva.
(2)
Fees for procedures requested by the City of Lake Geneva. There
shall be no fee in the case of applications filed in the public interest
by the Common Council or the Plan Commission, other agency, or official
of the City of Lake Geneva.
(3)
Payment of fees. Fees shall be payable at the time applications
are filed with the appropriate officer of the City (per the requirements
of this chapter), and are not refundable.
(4)
Professional consultant review services. The City may retain
the services of professional consultants (including planners, engineers,
architects, attorneys, environmental specialists, recreation specialists,
and other experts) to assist in the City's review of a proposal coming
before the Plan Commission. The City may apply the charges for these
services to the petitioner. The City will require the petitioner to
sign a professional consultant review services form. The City may
delay acceptance of the application or petition as complete, or may
delay final approval of the proposal, until such fees are paid by
the petitioner. The submittal of a development proposal application
or petition by a petitioner shall be construed as an agreement to
pay for such professional review services applicable to the proposal.
Review fees which are applied to a petitioner, but which are not paid,
may be assigned by the City as a special assessment to the subject
property.
[1-19-2022]
(1)
Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse or fail to comply with this chapter's requirements. Any person who violates or fails to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to the penalties set forth in Subsection (2), below, and in addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
(2)
Penalties. Any person, firm, or corporation who fails to comply
with the provisions of this Code or any order of the Zoning Administrator
shall be subject to the penalty provisions of the City of Lake Geneva
Municipal Code of Ordinances.
(3)
City-promulgated correction of violation. In addition to any
other penalty imposed by this article for a violation of the provisions
of this chapter, the City reserves and maintains the continued right
to abate violations of this chapter.
(a)
Hazardous condition caused by violation of this chapter. If
the Zoning Administrator determines that a violation of this chapter
exists, and further determines that the nature of such violation poses
a great and immediate danger to the public health, safety, peace,
morals or decency, the Zoning Administrator shall cause the violation
to be abated. Costs associated with said abatement shall be charged
to the owner of the property on which said violation has occurred
per Subsection (3)(c), below. The Zoning Administrator is hereby authorized
to abate a violation of this chapter.
(b)
Nonhazardous condition caused by violation of this chapter.
If the Zoning Administrator determines that a violation of this chapter
exists, and further determines that the nature of such violation is
not such as to pose great and immediate danger to the public health,
safety, peace, morals or decency, the Zoning Administrator shall serve
written notice by registered mail on the current owner of the property
(as indicated by current City of Lake Geneva tax records) on which
said violation is occurring to remove said violation within 10 working
days. If such violation is not removed within such 10 working days,
the Zoning Administrator shall cause the violation to be abated per
Subsection (3)(a), above. Costs associated with said abatement shall
be charged to the owner of the property on which said violation has
occurred per Subsection (3)(c), below.
(c)
Cost of abatement. In addition to any other penalty imposed
by this article for a violation of the provisions of this chapter,
the cost of abating a violation of this chapter per Subsection (3)(a)
and/or (b), above, shall be collected as a debt from the owner of
the property on which said violation has occurred. An account of the
expenses incurred by the City to abate the violation shall be kept
and such expenses shall be charged to and paid by the property owner.
Notice of the bill for abatement of the violation shall be mailed
to the last-known address of said property owner by registered mail,
and shall be payable within 30 calendar days from the receipt thereof.
Within 60 days after such costs and expenses are incurred and remain
unpaid, the City Clerk shall enter such charges onto the tax roll
as a special tax as provided by § 66.615(5), Wis.
Stats.
