The Greenville Planning Commission shall administer zoning functions
required by Wis. Stats. § 62.23.
Those wishing to obtain approval through the Planning Commission
shall first complete an application as provided by Greenville. Such
actions include, but are not limited to zoning text amendments, rezoning
of property, special exceptions and amendments, planned unit developments
(PUD) and amendments, subdivision of land, subdivision variances,
development of district map amendments, Official Map amendments, plats
of right-of-way, discontinuance of public easements and roads, street
name changes, vacation of street/alley/pedestrian walkway, and/or
others as applicable. The application for Planning Commission action
is available in the Office of the Community and Economic Development
Department. Such application shall be completed in full and submitted
with the appropriate fee to the Community and Economic Development
Director or designee for placement on an available Planning Commission
meeting.
The Board may, by ordinance, change or supplement the regulations
established by this chapter or amendments to this chapter.
B.
Procedures.
(1)
A preconsultation meeting shall be required with the Community
and Economic Development Director or designee to discuss the request
and provide guidance to the property owner/applicant.
C.
Public hearing. A public hearing shall be set within 60 days of filing a complete application to come before the Planning Commission. A Class 2 notice pursuant to Chapter 985, Wis. Stats. shall be published specifying the date, time and place of the hearing and the matters to come before the Planning Commission. Notice shall be mailed to all property owners in compliance with Chapter 99, Citizen Participation, for map amendments only.
D.
Action by the Planning Commission. The Planning Commission shall
consider, report, and make recommendations to the Board.
E.
Action by the Board. The Board shall approve amendments by written
ordinance. Procedures shall be in accordance with § 62.23(7),
Wis. Stats. If the Board approves an amendment, it becomes effective
upon passage and publication.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
AGD-FP General Agricultural Farmland Preservation Overlay District.
If property is to be rezoned out of the AGD-FP General Agriculture
Farmland Preservation Overlay District, it shall comply with Wis.
Stats., § 91.48(1). Greenville shall, by March 1 of each
year, provide a report in compliance with Wis. Stats., § 91.48(2)
identifying the number of acres removed from AGD-FP.
F.
Reapplication period. The Planning Commission will not consider any
application of a property owner or owner's designated agent for a
Zoning Map amendment within a one-year period following a denial of
the same request by the Board, except the Planning Commission may
permit a new application if the request is significantly altered or
at the discretion of the Community and Economic Development Director
or designee for a different zoning district or for amended property
boundaries.
A special exception is a use or structure that may not be appropriate generally or without restriction throughout a district, but, if controlled as to number, area, location, or relation to neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare. Such uses or structures may be permissible in a zoning district as a special exception only if specific provision for such use or structure is made in the district. A special exception shall not be issued for any use or structure without compliance with this chapter. Reference: § 320-302, definition of "special exception"; § 320-501C; § 320-504K, Certified Survey Map; § 320-504O(1)(c)[2]; § 320-504Q; § 320-504Z; § 320-521C; § 320-713A.
A.
Procedure.
(1)
Applications for a special exception shall be submitted to the
Community and Economic Development Department.
(2)
A site plan, in compliance with this chapter, is required for
applications for a special exception, and it shall be submitted simultaneously
with the application. There may be instances where a site plan is
not required; in those instances, the Community and Economic Development
Director or designee shall have the discretion to determine if a site
plan is required and what level of detail is required to be submitted
based on existing site conditions and if physical site or building
improvements are required or being proposed.
(3)
The application may also be accompanied by any other material
or information necessary to demonstrate that the grant of a special
exception will be in harmony with the general intent and purpose of
these zoning regulations and will not be injurious to the neighborhood
or otherwise detrimental to the public interest. The Community and
Economic Development Director shall refer all applications and accompanying
materials to the Planning Commission.
B.
Public hearing. A public hearing shall be set within 60 days of filing a complete application to come before the Planning Commission. A Class 2 notice pursuant to Chapter 985, Wis. Stats., shall be published specifying the date, time, and place of the hearing and the matters to come before the Planning Commission. Notice shall be mailed to all property owners in compliance with Chapter 99, Citizen Participation.
C.
Approval, conditions, and safeguards. Standards for granting special exceptions. Special exceptions shall be recommended by the Planning Commission and approved by the Board when all of the following conditions prevail. Reference: § 320-205D(1).
(1)
The establishment, maintenance, or operation of the special
exception will not be detrimental to or endanger the public health,
safety, morals, comfort, or general welfare of the community.
(2)
The special exception will not be injurious to the uses of other
property in the immediate vicinity for the purposes already permitted,
nor substantially diminish and impair property values within the neighborhood
in which it is to be located.
(3)
The proposed use will not create a look of clutter, garishness,
glare, or create an obnoxious noise level, or would generate any other
incompatibility with the surrounding neighborhood.
(4)
The impact of the use is furthering the purposes of this chapter
or the purposes of the zoning district in which the use is proposed
or the adopted Comprehensive Plan.
(5)
The establishment of the special exception will not impede the
normal and orderly development and improvement of the surrounding
property.
(6)
Adequate facilities, access roads, drainage, and/or necessary
services will be provided.
(7)
Adequate measures have been or will be taken to provide ingress
and egress so designed as to minimize traffic congestion in the public
streets.
(8)
If the special exception involves a public use or a use providing
public utility service, such use or service shall meet a demonstrable
public need and provide a public benefit.
(9)
The requirements of this chapter are met.
(10)
It is consistent with the Comprehensive Plan.
D.
Conditions, guarantees, and validity period.
(1)
Prior to the granting of any special exception, the Planning Commission may recommend, and the Board may place such conditions and restrictions as is deemed necessary for the protection of the public interest and to secure compliance with the standards specified in § 320-205C. Where special exceptions are subject to conditions, the Planning Commission may recommend, and the Board may require evidence and guarantees as it may deem necessary (as proof the stipulated conditions are being and will be complied with).
(2)
A special exception shall become effective upon approval by
the Board by written resolution, and all conditions shall be complied
with. A record of the special exception shall be kept in the Clerk's
files.
(3)
If an applicant for a conditional use permit meets or agrees
to meet all of the requirements and conditions specified in this chapter
or those imposed by the Board, the Board shall grant the special exception.
Any condition imposed must be related to the purpose of the ordinance
and be based on substantial evidence. Substantial evidence is defined
in § 62.23(7)(de)2a of the Wisconsin Statutes as 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.
(4)
The requirements and conditions must be reasonable and, to the
extent practicable, measurable and may include conditions such as
the permit's duration, transfer, or renewal. The applicant must demonstrate
that the application and all requirements and conditions established
by Greenville relating to the special exception are or shall be satisfied,
both of which must be supported by substantial evidence. Greenville's
decision to approve or deny the permit must be supported by substantial
evidence.
E.
Inspection and completion. Reference: § 320-215B(2); § 320-215B(3).
(1)
All conditions and improvements required as part of the special
exception approval shall be complied with and completed/installed
within three months of occupancy of the building or structure unless
occupancy/completion occurs between November 1 and May 1, in which
case improvements shall be completed no later than July 1 of the following
year.
(2)
If no building or structure is constructed as part of the project,
all improvements required in this chapter shall be completed/installed
within 12 months of issuance of an erosion control/stormwater permit.
(3)
If no erosion control/stormwater permit is required, all conditions
shall be completed within 12 months of approval of the special exception
approval.
(4)
Within 30 days of the completion, the owner/developer shall request an inspection of the improvements to verify compliance with the approved special exception, and record drawings shall be submitted in a format as required by Greenville. A zoning occupancy permit shall be issued per § 320-215, Zoning occupancy certificates, upon all improvements being completed and record drawings being submitted.
F.
Expiration. Reference: § 320-214E.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
If a building permit is required, the special exception approval
shall expire if the building permit is not obtained within 12 months
of special exception approval.
(2)
If a building permit is not required, but an erosion control/stormwater
permit is required, the special exception approval shall expire if
the erosion control/stormwater permit is not obtained within 12 months
of special exception approval.
(3)
If a building permit and erosion control/stormwater permit are
not required, the special exception approval shall expire if all required
improvements and/or conditions are not installed/met within 12 months
of special exception approval.
(4)
Once granted, a special exception shall remain in effect as
long as the conditions upon which the permit was issued are followed,
but Greenville may impose conditions, such as the permit's duration,
transfer, or renewal, in addition to any other conditions specified
in this chapter or by the Planning Commission or Board.
(5)
Amendments. A minor change to a special exception shall be requested
by the applicant, in writing, to be reviewed and voted on by the Planning
Commission; no fee shall be charged. If it is determined the modification
is a major change, the applicant shall be required to file a new special
exception permit application with applicable fees.
(6)
Existing special exceptions. Any use or structure existing on
the effective date of adoption or amendment of this chapter which
is classified as a special exception in the district it is located
in shall be deemed to have been granted approval, subject to maintaining
the character and extent of such use or structure existing on that
date. Any extension, enlargement, or change in such use or structure
shall require approval according to the terms of this chapter.
(7)
Records and decisions. The Planning Commission and Board shall
keep a record of its proceedings under this section, and shall be
filed immediately as public records. Every final decision under this
section shall be in a written resolution approved by the Board, accompanied
by findings of fact based on the record.
G.
Appeal. If a special exception request is denied, the decision may
be appealed to the Circuit Court.
Reference: Table 320-503-1.[1]
A.
Intent. This overlay is intended to encourage quality and desirable development by allowing for greater flexibility and design freedom than permitted under other zoning district regulations. These regulations are established to permit and encourage mixed-use; create diversification, variation and imagination in the layout of development; encourage the preservation of open space; and encourage more rational, economic development with respect to the provision of public services. Reference: § 320-206D(1)(a).
B.
Definition. "Mixed-use" shall be defined as a development practice blending two or more land uses either within a single building (vertical mixed-use) or multiple buildings/uses across a single parcel, a street/block or entire neighborhood (horizontal mixed-use) and is considered pedestrian-friendly and walkable when at a street/block or neighborhood level and incorporates common neighborhood design principals as identified in the Comprehensive Plan. Reference: § 320-206D(1)(b).
C.
Applicability and procedure.
(1)
A preapplication meeting shall be required with the Community
and Economic Development Department.
(2)
Once the preapplication meeting has been held, a planned unit
development concept plan application shall be submitted to the Community
and Economic Development Department. Upon plan submittal, the Community
and Economic Development Director or designee shall schedule a meeting
with the Planning Commission to review the plan. The plan shall be
reviewed against the requirements of the Municipal Code, this chapter,
and consistency with the Comprehensive Plan.
(3)
The Planning Commission shall review the plan and either recommend
approval or denial to the Board or postpone action until the plan
has been modified based on the recommendations of the Planning Commission.
(4)
Upon the Board receiving a recommendation from the Planning
Commission, the Board shall approve or deny the plan or postpone action
on the plan until it has been modified.
(5)
Upon approval of the concept plan, the applicant shall submit an application for a special exception for planned unit development, in compliance with § 320-205, Special exceptions, along with any other applicable zoning and development application requests that may be required.
(6)
Expiration. The concept plan shall expire if required approvals
(special exception, rezoning, platting/CSM and/or site plan or any
other applicable approvals) are not obtained within 12 months of the
concept plan approval.
D.
Regulations.
(1)
(2)
All regulations within the Greenville Municipal Code shall be
complied with except Part 320-500, District Regulations, Part 320-600,
Site Development Regulations, and Part 320-700, Signs, may be modified
and shall be proposed during the concept plan approval process and
shall be approved as part of the special exception approval for the
planned unit development.
(3)
Conditions and safeguards. The Planning Commission may recommend
to the Board, and the Board may require, that additional conditions
and safeguards be established through the special exception approval
to ensure the protection and safety of the public interest.
