Article XI Approval Procedures

Purpose. Preapplication meetings provide an early opportunity for staff and applicants to discuss the procedures, standards and regulations required for approval under this chapter.

Applicability. Preapplication meetings are required whenever the provisions of this chapter expressly state that they are required. They are encouraged in all cases.

Scheduling. Preapplication meetings must be scheduled with the Planning and Zoning Administrator.

Guidelines. The Planning and Zoning Administrator is authorized to establish guidelines for preapplication meetings, including information to be provided and any available alternatives to face-to-face meetings, such as telephone conversations and email correspondence.

Applications and fees.

Applicability. The application and fee provisions of this subsection apply to zoning applications filed by eligible applicants.

Eligible applicants. When the procedures of this article allow an application to be filed by an eligible applicant, such application must be submitted by, or on behalf of, a person, firm, corporation or organization that has one or more of the following interests that are specifically enforceable in the land that is subject to the application:

A freehold interest;

A possessory interest entitled to exclusive possession;

A contractual interest that may become a freehold possessory interest; or

Any exclusive possessory interest.

Form of application. Applications required under this chapter must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Applications must include materials and information to assist authorized review and decisionmaking bodies in their consideration of the application, including at least the following:

A list of the names and addresses of all owners of record of the property that is the subject of the application; and

Maps, plats, surveys, dimensioned site plans, engineering documents, environmental reports, traffic studies, and other materials and information, as required by this chapter or by application checklists established by the official responsible for accepting the application. Application forms and submittal requirements must be made available to the general public.

Fees and notification costs. All applications filed by property owners must be accompanied by the application fee that has been established by the Village Board. Application filing fees are intended to cover the cost of providing public hearing notices and other costs related to reviewing and processing applications. Such fees are nonrefundable and may include late fees, penalties, and fees for expedited processing.

Completeness, accuracy and sufficiency.

An application will be considered complete and ready for processing only if it is submitted in the required number and form, includes all required information and is accompanied by the required application filing and notification fees.

The official responsible for accepting the application is authorized to refuse acceptance of an incomplete application. If an application is determined to be incomplete, the official responsible for accepting the application must provide written notice to the applicant along with an explanation of the application's deficiencies.

No further processing of incomplete applications will occur, and incomplete applications will be pulled from the processing cycle. When the deficiencies are corrected, the application will be placed in the first available processing cycle. If the deficiencies are not corrected by the applicant within 90 days, the application will be deemed to have been withdrawn.

Applications deemed complete will be placed in the first available application processing cycle and will be reviewed by staff and other review and decisionmaking bodies in accordance with applicable review and approval procedures of this chapter.

The official responsible for accepting the application may require that applications or plans be revised before being placed on an agenda for possible action if the Planning and Zoning Administrator determines that:

[1]

The application or plan contains one or more significant inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Ordinance requirements or other regulations;

[2]

The application contains multiple minor inaccuracies or omissions that hinder timely or competent evaluation of the plan's/application's compliance with Zoning Ordinance requirements or other regulations; or

[3]

The decisionmaking body does not have legal authority to approve the application.

Application processing cycles. The Planning and Zoning Administrator, after consulting with review and decisionmaking bodies, is authorized to promulgate reasonable cycles and time lines for processing applications, including deadlines for receipt of complete applications.

Neighbor communications.

Neighbor communications are encouraged by the Board of Appeals, Plan Commission and Village Board to help:

Educate applicants and neighbors about one another's interests;

Resolve issues in a manner that respects those interests; and

Identify unresolved issues before the start of formal public hearings.

Applicants are responsible for carrying out any neighbor communications and are encouraged to submit a summary of any neighbor communication activities at or before the first required public hearing. The recommended content of such summaries is as follows:

Efforts to notify neighbors about the proposal (how and when notification occurred, and who was notified);

How information about the proposal was shared with neighbors (mailings, workshops, meetings, open houses, fliers, door-to-door handouts, etc.);

Who was involved in the discussions;

Concerns raised by neighbors; and

What specific changes (if any) were considered and/or made as a result of the neighbor communications.

Public hearing notices.

Published notice. Whenever the provisions of this chapter require that published notice be provided, the notice must be published in the Village's official newspaper in accordance with Ch. 985, Wis. Stats.

Mailed notice.

Whenever the provisions of this chapter require that notices be mailed to property owners, the notices must be sent via United States Postal Service First Class (also known as "regular") mail.

Property owner addresses must be obtained from the latest property ownership information available in the Brown County Treasurer's office.

Posted notice. Whenever the provisions of this chapter require that notice signs be posted, at least one notice sign must be posted on each public street frontage abutting the subject property in locations plainly visible to passersby. If the subject application includes an area with more than 1,000 feet of street frontage on a single street, at least one sign must be posted for each 1,000 feet of street frontage or fraction thereof on that street.

Courtesy notices. In addition to the forms of notice required to be provided by this chapter, the Village may elect to provide additional forms of courtesy notification by, for example, mailing notice to neighborhood or business organizations, posting notice signs on or near the subject property, posting notices in Village Hall or other government buildings or providing notice via the internet.

Content of notices. All required hearing notices must:

Indicate the date, time and place of the hearing or date of action that is the subject of the notice;

Describe any property involved in the application by address or by a commonly understood description of the location;

Describe the general nature, scope and purpose of the application or proposal; and

Indicate where additional information on the matter can be obtained.

Constructive notice.

When the records of the Village document the publication or mailing of notice, as required by this article, required notice of the public hearing will be presumed to have been given.

Minor defects in required notices will not be deemed to impair the notice or invalidate proceedings pursuant to the notice. Minor defects in notice are limited to errors in a legal description or typographical or grammatical errors that do not impede communication of the notice to affected parties. If questions arise at the hearing regarding the adequacy of notice, the hearing body must make a formal finding about whether there was substantial compliance with the notice requirements of this chapter.

Hearing procedures.

The body conducting the hearing is authorized to establish reasonable rules and regulations governing the conduct of hearings and the presentation of information and comments.

Once commenced, a public hearing may be continued by the hearing body. No renotification is required if the continuance is set for a specified date and time and that date and time is announced at the time of the continuance.

If a public hearing is continued or postponed for an indefinite period of time from the date of the originally scheduled public hearing, new public hearing notice must be given before the rescheduled public hearing. If the applicant requests and is granted a continuance or postponement requiring renotification, the body conducting the hearing is authorized to require that the applicant pay any costs of renotification.

Action by review and decisionmaking bodies.

In taking action under the procedures of this article, review and decisionmaking bodies must act by simple majority vote of a quorum, unless otherwise expressly stated.

Review and decisionmaking bodies may take any action that is consistent with:

The regulations of this chapter and state law;

Any rules or bylaws that apply to the review or decisionmaking body; and

The notice that was given.

Review and decisionmaking bodies are authorized to continue a public hearing or defer action in order to receive additional information or conduct further deliberations.

Conditions of approval. When the procedures of this article authorize approval with conditions, review bodies, including staff, are authorized to recommend conditions and decisionmaking bodies are authorized to approve the subject application with conditions. Any conditions recommended or approved must relate to a situation likely to be created or aggravated by the proposed use or development and must be roughly proportional to the impacts of the use or development.

Burden of proof or persuasion. Applications must address relevant review and decisionmaking criteria. In all cases, the burden is on the applicant to show that an application or proposal complies with all applicable review or approval criteria.

Required time frames for action. Any time limit specified in this chapter for any decision or action on behalf of a review or decisionmaking body may be extended if the applicant agrees to an extension. Unless otherwise expressly stated, if a review or decisionmaking body does not render a decision or take action within any time period required under this chapter and the applicant has not agreed to an extension of that time limit, the application is deemed denied.

§ 475-1102 Text amendments.

Authority to initiate. Amendments to the text of this chapter may be initiated by the Village Board, any Trustee or the Planning and Zoning Administrator.

Notice of hearing. Notice of required public hearings on a Zoning Ordinance text amendment must be published in accordance with the Class 2 notice requirements of Ch. 985, Wis. Stats.

Plan Commission recommendation. Proposed Zoning Ordinance text amendments must be referred to the Plan Commission. Following its review of the proposed text amendment, the Plan Commission must act to recommend that the proposed text amendment be approved, approved with modifications, or denied. The Plan Commission's recommendation must be transmitted to the Village Board.

Village Board hearing and decision.

Upon receipt of the Plan Commission's recommendation, the Village Board must hold a public hearing on the proposed text amendment. Following the close of the public hearing, the Village Board must act to approve, approve with modifications or deny the proposed text amendment. If the Plan Commission's recommendation has not been forwarded to the Village Board within 60 days of referral of the proposed text amendment to the Plan Commission, the Village Board may hold the required hearing and take action without receipt of the recommendation.

If the Village Board does not take final action on a proposed zoning text amendment application within 90 days of the Village Board's public hearing, the proposed amendment is deemed to have been denied. This deemed-denied provision does not apply when the application is referred back to staff or committee after the public hearing is held.

Review criteria and standards. Zoning Ordinance text amendments are legislative decisions of the Village Board based on consistency with the Comprehensive Plan and promotion of the public health, safety, and general welfare. In acting on Zoning Ordinance text amendments, the Village Board must give due consideration to existing conditions, conservation of property values, building development providing best advantage to the Village and the current use of property.

§ 475-1103 Zoning Map amendments.

Authority to initiate. Amendments to the Official Zoning Map may be initiated by the Village Board, the Plan Commission or the Zoning Administrator. Zoning Map amendment applications may also be filed by an eligible applicant or an eligible applicant's authorized agent. [See § 475-1101E(2).]

Application filing. Zoning Map amendment applications must be filed with the Planning and Zoning Administrator.

Notice of hearing.

Published. Notice of required public hearings on a Zoning Map amendment must be published in accordance with the Class 2 notice requirements of Ch. 985, Wis. Stats.

Mailed. Notice must be mailed to all of the following at least 10 days before required public hearings:

The subject property owner; and

All owners of property within 200 feet of the subject property.

Posted. At least one notice sign must be posted on each public street frontage abutting the subject property at least 10 days before required public hearings.

Plan Commission recommendation. Proposed Zoning Map amendments must be referred to the Plan Commission. Following review of the proposed Zoning Map amendment, the Plan Commission must act to recommend that the proposed Zoning Map amendment be approved, approved with modifications, or denied. The Plan Commission's recommendation must be transmitted to the Village Board.

Village Board hearing and decision. Upon receipt of the Plan Commission's recommendation, the Village Board must hold a public hearing on the proposed Zoning Map amendment. Following the close of the public hearing, the Village Board must act to approve, approve with modifications (e.g., reducing the land area involved in the rezoning or recommending another less intensive zoning classification) or deny the proposed Zoning Map amendment. If the Plan Commission's recommendation has not been forwarded to the Village Board within 60 days of referral of the proposed Zoning Map amendment to the Plan Commission, the Village Board may hold the required hearing and take action without receipt of the recommendation.

Protest petitions.

When a valid protest petition is filed with the Village Clerk-Treasurer, approval of the subject Zoning Map amendment requires at least a three-quarters majority vote of those Village Board members present and voting.

A valid protest petition must be filed with the Village Clerk-Treasurer no later than noon on the Friday preceding the scheduled vote and must be signed and acknowledged by the owners of:

At least 20% of the land area in included in the proposed Zoning Map amendment;

At least 20% of the land area immediately adjacent and extending 100 feet from the subject property; or

At least 20% of the land directly opposite from the subject property and extending 100 feet from the street frontage of the opposite land.

Review criteria and standards. Zoning Map amendments are legislative decisions of the Village Board based on consistency with the Comprehensive Plan and promotion of the public health, safety, and general welfare. In acting on Zoning Map amendment, the Village Board must give due consideration to existing conditions, conservation of property values, building development providing best advantage to the Village, the current use of property, the cost of providing municipal services to the property and uses served by the Zoning Map amendment.

Successive applications. If the Village Board denies a proposed Zoning Map amendment, no Zoning Map amendment application requesting the same or more intensive zoning of the subject property may be filed for or accepted for processing by the Village for one year from the date of final action by the Village Board unless the Council expressly acts to deny the previous application without prejudice or the new application is substantially different than the one that was denied.

§ 475-1104 Development plans.

Purpose. Development plans are required with some property-owner-initiated Zoning Map amendment applications (rezonings) and are optional with other property-owner-initiated rezonings. Their purpose is to depict a property owner's generalized plan for the type, amount and character of development proposed on the subject property. By providing greater certainty about development proposals, development plans provide review and decisionmaking bodies with additional information upon which to base Zoning Map amendment (rezoning) recommendations and decisions.

Applicability.

Mandatory. Development plans are required (mandatory) for MDP Zoning Map amendments. They are also required for major amendments to existing planned developments (PDs). In acting on mandatory development plans, the Plan Commission is authorized to recommend and the Village Board is authorized to approve use and development limitations that comply with, are more restrictive than or, as may be permitted by the respective base district provisions of this chapter, are less restrictive than the base zoning district regulations and otherwise applicable regulations of this chapter.

Optional. Property owners may elect to submit a development plan with any Zoning Map amendment application. In acting on optional development plans, the Plan Commission is authorized to recommend and the Village Board is authorized to approve use and development limitations that are at least as restrictive or are more restrictive than the base district zoning regulations. Optional development plans may not be used to obtain relief from otherwise applicable Zoning Ordinance regulations.

Application filing. Complete applications for development plan approval must be filed with the Planning and Zoning Administrator at the same time as the Zoning Map amendment for the subject property.

Procedures. Except as otherwise expressly stated in this article, all development plans must be processed concurrently with and following the Zoning Map amendment procedures of § 475-1103.

Site plan review.

Required. Site plan approval is required before the issuance of any permits for development or construction on any property included within the boundaries of any approved development plan.

Mandatory development plans. Unless a longer time period or a phasing plan is approved at the time of approval of a mandatory development plan, a complete application for site plan approval must be filed within five years of the date of mandatory development plan approval. If an application for site plan approval is not filed within the time required, no further site plans may be approved for the project until the owner of the subject property has filed the original or amended development plan for re-review and reconsideration by the Plan Commission and Village Board. Such re-review and reconsideration must follow the development plan review procedures of this article. Following re-review and reconsideration, the Plan Commission is authorized to recommend and the Village Board is authorized to approve any of the following actions based on surrounding land use patterns and other relevant information presented at the time of reconsideration by the Plan Commission and Village Board:

An extension of time for filing a site plan;

An amendment to the approved mandatory development plan; or

Rezoning to another zoning district in accordance with the Zoning Map amendment procedures of § 475-1103.

Optional development plans. The site plan filing deadline established in Subsection E(2), does not apply to optional development plans.

Amendments to approved development plans.

Minor amendments.

The Plan Commission is authorized to approve amendments to approved development plans as minor amendments if the Plan Commission determines that substantial compliance is maintained with the approved development plan. The following is a nonexhaustive list of changes that may be approved as minor amendments:

[1]

Any deviation expressly authorized at the time of development plan approval;

[2]

The relocation or addition of customary accessory uses and structures;

[3]

Adjustment of internal development area boundaries, provided that the allocation of land to particular uses and the relationship of uses within the project are not substantially altered;

[4]

Limitation or elimination of previously approved uses, provided that the character of the development is not substantially altered;

[5]

Modification of the internal circulation system that would not increase points of access from adjacent streets, change access to another street or increase projected traffic volumes;

[6]

Modifications to approved signage, provided that the size, location, number and type of signs are not substantially altered;

[7]

Modification to approved landscape and screening plans, provided that the modification is not a substantial deviation from the original approved plan;

[8]

Changes reducing the number of permitted dwelling units, the amount of nonresidential floor area or the area covered by buildings or paved areas; and

[9]

Reductions in off-street parking or loading by more than 5% or one space, whichever results in a greater reduction.

In those cases when the Village Board has expressly imposed a condition more restrictive than recommended by the Plan Commission, any amendment of that Village-Board-imposed condition must be reviewed and approved by the Village Board.

Notice of the Plan Commission's public hearing on a development plan minor amendment request must be provided at least 10 days in advance of the hearing by mailing written notice to all owners of property within a 300-foot radius of the exterior boundary of the subject property. Notice (signs) must also be posted on the subject property at least 10 days before the scheduled public hearing.

If the Plan Commission determines that the proposed development plan amendment, if approved, will result in a significant departure from the approved development plan or otherwise significantly change the character of the subject area or that the cumulative effect of a number of minor amendments substantially alters the approved development plan, then the amendment must be deemed a major amendment to the development plan and processed as a new development plan following the development plan approval procedures of this article, including all requirements for fees, notices and hearings.

Appeal of development plan minor amendment decisions. An appeal from any development plan minor amendment decision by the Plan Commission may be taken by any person aggrieved by such decision. Appeals are made to the Village Board by filing notice of appeal with the Village Clerk-Treasurer and with the Planning and Zoning Administrator within 10 days of the date of the decision being appealed. The appeal must specify the grounds of the appeal. Upon filing of the notice of appeal, the Plan Commission must transmit to the Village Board, all papers constituting the record in the case, together with the decision of the Plan Commission. The Village Board must notify the applicant and all interested parties of the appeal hearing location, date and time.

Major amendments. Any amendment to an approved development plan that is not authorized as a minor amendment must be processed as a new development plan following the development plan approval procedure of this article, including all requirements for fees, notices and hearings.

§ 475-1105 Conditional uses.

Purpose. This chapter identifies certain uses that, because of their unique or widely varying characteristics or their potential adverse impacts on adjacent land uses, are not permitted as a matter of right but that may be approved through case-by-case review as a conditional use. They are subject to the conditional use regulations because they may, but do not necessarily, have significant adverse effects on the environment, overburden public services, change the desired character of an area, or create major nuisances. A review of these uses is necessary due to the potential individual or cumulative impacts they may have on the surrounding area or neighborhood. The conditional use review provides an opportunity to allow the use when there are minimal impacts, to allow the use but impose mitigation measures to address specific reasonable concerns, or to deny the use if the concerns cannot be resolved.

Authority to initiate. Applications for approval of a conditional use may be initiated by the Village Board or filed by an eligible applicant or an eligible applicant's authorized agent. [See § 475-1101E(2).]

Preapplication meeting. Before filing a conditional use application, the applicant or the applicant's authorized agent must meet with the Planning and Zoning Administrator to discuss the proposed amendment and the applicable procedures.

Application filing. Conditional use applications must be filed with the Planning and Zoning Administrator.

Staff recommendation. The Planning and Zoning Administrator must review the proposed conditional use and prepare a recommendation for consideration by the Plan Commission and Village Board.

Public hearing notice.

Published. Notice of required public hearings on a Zoning Map amendment must be published in accordance with the Class 2 notice requirements of Ch. 985, Wis. Stats.

Mailed. Notice must be mailed to all of the following at least 10 days before required public hearings:

The subject property owner; and

All owners of property within 200 feet of the subject property.

Posted. At least one notice sign must be posted on each public street frontage abutting the subject property at least 10 days before required public hearings.

Plan Commission recommendation. Applications for approval of a conditional use must be referred to the Plan Commission for consideration in a public meeting. Following review of the proposed Zoning Map amendment, the Plan Commission must act to recommend that the conditional use application be approved, approved with modifications, or denied. The Plan Commission's recommendation must be transmitted to the Village Board.

Village Board hearing and decision. Upon receipt of the Plan Commission's recommendation, the Village Board must hold a public hearing on the proposed conditional use. Following the close of the public hearing, the Village Board must act to approve, approve with modifications or deny the proposed Zoning Map amendment. If the Plan Commission's recommendation has not been forwarded to the Village Board within 60 days of referral of the proposed conditional use to the Plan Commission, the Village Board may hold the required hearing and take action without receipt of the recommendation.

Review criteria and standards.

To aid in review of and decisionmaking on proposed conditional uses, the Plan Commission and Village Board must, at a minimum, evaluate whether the following criteria are met:

That the establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety or general welfare;

That the uses, values and enjoyment of surrounding properties for purposes already permitted in the district will be not be substantially impaired or diminished by the establishment, maintenance or operation of the proposed conditional use;

That establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding properties for uses permitted in the district;

That adequate utilities, access roads, drainage and other necessary improvements have been or are being provided;

That adequate measures have been or will be taken to provide ingress and egress that will minimize on- and off-site traffic congestion; and

(f)

That the conditional use complies with all other applicable regulations of this chapter.

The review criteria and standards of this subsection are deemed reasonable and, to the extent practicable, measurable. An applicant's failure to demonstrate, by substantial evidence, that the application and all applicable requirements in this chapter and conditions established by the Village relating to the conditional use are or will be satisfied constitute grounds to deny the conditional use. At all times the burden of proof to demonstrate satisfaction of these criteria remains with the applicant.

Conditions and requirements. In approving a conditional use application, the Village Board may impose conditions and requirements that it determines are necessary to prevent or minimize adverse effects from the proposed use on other properties in the area and on the general health, safety, and welfare of the Village.

Any conditions or requirements imposed must be:

Reasonable.

Measurable, to the extent practical;

Consistent with the general purpose of this chapter; and

Based on substantial evidence.

Successive applications. If the Village Board denies approval of the conditional use, no application requesting approval of the same conditional use on the subject property may be filed for or accepted for processing by the Village for one year from the date of final action by the Village Board unless the Village Board expressly acts to deny the previous application without prejudice or the new application is substantially different than the one that was denied.

§ 475-1106 Site plan review.

Purpose. This section establishes a procedure to ensure timely, competent review of site plans as a means of determining whether such plans comply with the applicable regulations of this chapter, and to enable the Village to plan for and review proposed improvements of property in order to:

Implement community policies on physical development;

Provide for efficient, rational allocation of scarce facilities and resources;

Promote economy and efficiency in the provision and improvement of municipal services through the regulation of development; and

Ensure the orderliness, quality and character of the development of property in the Village, prevent foreclosure of future development opportunities, and facilitate coordination of land usage with planned and available facilities and resources.

Applicability. Site plan review is required for all multifamily, mixed-use and nonresidential development.

Application filing. Applications must be submitted to the Planning and Zoning Administrator. All applications must include plans and other information necessary to allow for thorough review of the proposed plans, as indicated by the requirements on the site plan review submittal checklists developed by the Planning and Zoning Administrator.

Review and decisionmaking authority.

Administrative site plans. All site plan applications that are not classified as a public hearing site plan are referred to as "administrative site plans" and follow a one-step approval process: review and final action by the Planning and Zoning Administrator.

Public hearing site plans. All site plan applications that request a public hearing design exception (See § 475-1107.) are referred to as "public hearing site plans" and follow a three-step approval process: 1) review and recommendation by the Planning and Zoning Administrator; 2) review and recommendation by the Plan Commission; 3) review, public hearing, and final action by the Village Board.

Review process.

General. Following receipt of a complete application, the Planning and Zoning Administrator must promptly distribute the application for review by any Village departments and external agencies who have regulatory responsibility or related interests in the review of the proposed site plan.

Administrative site plans.

The Planning and Zoning Administrator must make a final decision or provide comments within 30 days of receipt of a complete site plan submittal package, unless the applicant agrees to an extension of time in writing. In acting on administrative site plans, the Planning and Zoning Administrator is authorized to approve, approve with modifications, or deny approval of the site plan. The Planning and Zoning Administrator is also authorized to forward the site plan to the Plan Commission and Village Board for consideration as a public hearing site plan.

If an application for an administrative site plan is denied, the reasons for denial must be provided through written comment, either electronically or by regular mail, and such correspondence must detail the aspects of the site plan that are not in compliance with applicable regulations.

If a site plan is denied, a new application may be submitted for consideration by the Zoning Administrator or the applicant may elect to appeal the decision in accordance with § 475-1106K.

If an administrative site plan requires revisions for approval, the applicant must revise the site plan in accordance with administrative comments. To be considered for further review, the applicant must resubmit the revised site plan along with an explanation of how each administrative comment was addressed. Upon receipt of a complete resubmittal package, the Planning and Zoning Administrator must provide any written administrative comments that require further revision or provide acknowledgment that all administrative comments have been satisfied.

If a revised administrative site plan has satisfied all administrative comments, the Planning and Zoning Administrator will request that the applicant submit signed and dated digital and reproducible copies of the site plan. The Planning and Zoning Administrator will provide written confirmation of approval, along with the date of such approval.

(f)

The Planning and Zoning Administrator must retain a copy of the approved site plan in the Department's permanent files, which will then govern the issuance of building permits and other required approvals in accordance with this chapter.

Public hearing site plans.

Upon receipt of a complete application for approval of a public hearing site plan, the Planning and Zoning Administrator must review the proposed site plan and provide administrative review comments within 30 days.

To be considered for further review, the applicant must resubmit the revised site plan along with an explanation of how each administrative comment was addressed. Upon receipt of a complete resubmittal package, the Planning and Zoning Administrator must provide any written administrative comments that require further revision or establish a date for a public hearing by the Plan Commission.

Public hearing site plans must be referred to the Plan Commission. Following review, the Plan Commission must act to recommend that the site plan be approved, approved with modifications, or denied. The Plan Commission's recommendation must be transmitted to the Village Board.

Upon receipt of the Plan Commission's recommendation, the Village Board must hold a public hearing on the site plan. Following the close of the public hearing, the Village Board must act to approve, approve with modifications or deny the proposed site plan. If the Plan Commission's recommendation has not been forwarded to the Village Board within 60 days of referral of the site plan application to the Plan Commission, the Village Board may hold the required hearing and take action without receipt of the recommendation.

If a public hearing site plan is approved subject to specific conditions and modifications, the applicant must revise the site plan in accordance with those conditions and resubmit the site plan for review by the Planning and Zoning Administrator. The Planning and Zoning Administrator must act on all resubmitted public hearing site plans within 15 business days of their receipt.

(f)

If a public hearing site plan is approved, the applicant must submit signed and dated digital and reproducible copies of the site plan to the Planning and Zoning Administrator, and the Planning and Zoning Administrator must provide written verification of approval, along with the date of approval.

(g)

Effective date of site plan approval. An approved site plan becomes effective upon approval. If an appeal is filed, a site plan does not become effective until all appeals have been decided.

Lapse of site plan approval. An approved site plan will lapse and have no further effect one year after it is approved, unless:

A building permit has been issued (if required);

The use or structure has been lawfully established; or

A different lapse of approval period or point of expiration has been expressly established by the decisionmaking body.

Permits and continuing compliance.

No permit may be issued for any development requiring site plan approval until a site plan has been submitted and approved for such development in accordance with this section.

No permanent certificate of occupancy may be issued for such development until all terms and conditions of the approved site plan have been satisfactorily completed or provided for.

Construction, grading, or other development activities may be carried out only in compliance with the approved site plan.

When a site plan has been approved for property pursuant to this section, the property must be used and maintained in compliance with the approved site plan. No person may use property in a manner or physical condition that does not conform to the approved site plan for such property.

Resubmission

Site plans approved with conditions must be resubmitted to the Planning and Zoning Administrator, who must review the plan to determine if all required changes have been made. The Planning and Zoning Administrator must act on all resubmitted public hearing site plans within 15 business days of their receipt.

If the Planning and Zoning Administrator determines that the site plan does not comply with conditions imposed by the decisionmaking body, the applicant may elect to either:

Revise the site plan to comply with required conditions in accordance with the interpretation of the conditions by the Planning and Zoning Administrator; or

Submit a written request by letter or email communication that the resubmission is to be processed as an amendment to the site plan.

Amendments. Approved site plans may be amended only by following the site plan approval procedures of this section (§ 475-1106), unless the Planning and Zoning Administrator determines that a proposed change constitutes an insignificant change that:

Complies with all applicable Zoning Ordinance regulations;

Does not violate any terms of conditions imposed by the decisionmaking body; and

Is not likely to create any additional adverse impacts on surrounding property owners or the general public.

Appeals of Planning and Zoning Administrator interpretations and decisions.

The applicant may appeal any interpretation or final decision of the Planning and Zoning Administrator related to the site plan procedures of this section (§ 475-1106) by filing a written notice of and reasons for the appeal with the Planning and Zoning Administrator no later than 30 days after the date of the action from which the appeal is sought.

All appeals of interpretations or final decisions of the Planning and Zoning Administrator related to the site plan procedures of this section (§ 475-1106) must be placed on the agenda of the Plan Commission within 30 days of the date that written notice of the appeal was filed with the Planning and Zoning Administrator unless the applicant agrees to an extension of time for Plan Commission action.

§ 475-1107 Design exceptions.

General. This section establishes regulations governing the granting of requests for exceptions to the regulations of Article III, Article V, §§ 475-901 and 475-902. These exception procedures are divided into two categories:

Minor, staff-approved exceptions, referred to as "administrative design exceptions"; and

More significant exceptions, which must be reviewed and approved by the Village Board after review and recommendation by the Plan Commission; referred to as "public hearing design exceptions."

Intent. The design exception provisions of this section are intended to authorize the granting of relief from strict compliance with the regulations when specific site features or characteristics of the subject property, including the presence of existing buildings, creates conditions that make strict compliance with applicable regulations impractical or undesirable. The exception provisions are also intended to recognize that alternative design solutions may result in equal or better implementation of the regulation's intended purpose and consistency with the Comprehensive Plan.

Burden of proof or persuasion. The burden is on the applicant to demonstrate that the requested exception meets the criteria for approval or demonstrates that the result of the exception would equal or exceed the results of strict compliance with the subject regulation.

Applications. Requested exceptions must be noted on the required application and plan, and the application must include a written statement describing why the exception is necessary and all efforts to mitigate any adverse impacts resulting from a grant of the exception.

Administrative design exceptions. During the site plan review process, the Planning and Zoning Administrator is authorized to approve the following as administrative design exceptions, based on consideration of the general intent statement of § 475-1107B:

Build-to zone. Increase or decrease any build-to zone requirement by 25% or two feet, whichever is greater.

Primary frontage lot line coverage. Decrease the minimum primary frontage lot line coverage requirement by 15% or three feet, whichever is greater.

Building setbacks. Decrease any setback by up to 15% or one foot, whichever is greater.

Building coverage. Increase the maximum total impervious coverage allowance by up to 15%, provided that such increase does not result in impervious coverage that exceeds the total permitted impervious plus semipervious coverage.

Height. Increase the minimum or maximum height for any story by up to one foot.

Occupied space. Reduce the minimum depth of required occupied space by up to 15% or approve unoccupied space on up to 20% of the frontage.

(7)

Transparency. Reduce minimum transparency requirements by up to 15%.

(8)

Other measurements. Reduce or increase by up to 10% any minimum requirements of Article III, Article V, § 475-901, or 475-902 that are expressed as a dimension or distance.

(9)

Other defined administrative design exceptions. Modify building type regulations of Article III and building design regulations of Article IX that are expressly identified as eligible administrative design exceptions within the text of this chapter.

Public hearing design exceptions.

The Village Board is authorized to approve requests for relief from strict compliance with the regulations of Article III, Article V, § 475-901 or 475-902 that are not expressly authorized for processing as administrative design exceptions and to hear and decide appeals of the Planning and Zoning Administrator's decision on any administrative design exception. The Plan Commission is responsible for reviewing and making a recommendation on public hearing design exceptions before the Village Board's action to approve or deny the exception.

The Village Board's decision to approve or deny a request for a public hearing design exception must be based on a determination of whether:

The requested design exception is consistent with the general intent statement of § 475-1107B;

The requested design exception is consistent with the Comprehensive Plan and any adopted area plan; and

The requested design exception will not result in any adverse impacts on other properties in the area beyond those impacts ordinarily expected through implementation of the regulations.

Review process. Design exceptions must be processed concurrently with site plan applications (See § 475-1106.), except that design exceptions from the regulations of Article V must be processed concurrently with a development plan application for the proposed project. (See§ 475-1104.)

§ 475-1108 Variances.

Intent. Zoning variances are intended as a way to provide relief from unnecessary hardships resulting from strict application of Zoning Ordinance requirements.

Applicability; authorized variances. The Board of Appeals is authorized to grant variances to the provisions of this chapter in accordance with the variance procedures of this section, except that these variance procedures may not be used to:

Permit a principal use in a zoning district that is not otherwise allowed in that zoning district (i.e., use variances are prohibited);

Waive, modify or amend any definition or use classification;

Waive, modify or otherwise vary any of the review and approval procedures;

Waive, vary, modify or otherwise override a condition of approval or requirement imposed by an authorized decisionmaking body or the state or federal government;

Waive, vary or modify applicable minimum lot area per unit (density) standards. (Note: This provision is not intended to prohibit variances of minimum lot area requirements for individual lots.);

Waive, vary or modify provisions over which jurisdiction for exceptions or other modifications is assigned to another decisionmaking body; or

(7)

Waive, vary or modify provisions for which variances are expressly prohibited.

Authority to file. Variance applications may be filed by eligible applicants or an eligible applicant's authorized agent. [See § 475-1101E(2).]

Application filing. Variance applications must be filed with the Planning and Zoning Administrator.

Transmittal to Board of Appeals. The Planning and Zoning Administrator must transmit the variance application to the Board of Appeals before its hearing on the matter.

Notice of hearing.

Notice of the Board of Appeals' required hearing on a variance application must be published in accordance with Ch. 985, Wis. Stats.

Notice must be mailed to all of the following at least 10 days before the Board of Appeals' required hearing:

The subject property owner; and

All owners of property within 100 feet of the subject property.

Hearing and final decision.

The Board of Appeals must hold a hearing to consider the variance request.

Following the close of the hearing, the Board of Appeals must make findings of fact and act to approve the requested variance, approve the variance with modifications and/or conditions, or deny the variance request based on the review criteria and standards of § 475-1108H.

General review criteria and standards. No variance may be approved unless the Board of Appeals finds, based on evidence presented in the specific case, that all of the following conditions exist:

Strict compliance with applicable Zoning Ordinance regulations impose an unnecessary hardship preventing use of the subject property for a permitted purpose or rendering compliance with the subject regulations unnecessarily burdensome;

The unnecessary hardship is due to conditions unique to the subject property that do not apply generally to other properties in the same zoning district;

The variance is the minimum variance needed to relieve the unnecessary hardship;

The variance will not create substantial detriment to adjacent property;

The proposed variance will not result in substantial or undue adverse impact on the character of the neighborhood or other matters effecting the public health, safety, or general welfare; and

The difficulty or hardship was not created by an individual who has a present interest in the subject property.

Transferability. Approved variances run with the land and are not affected by changes of tenancy, ownership, or management.

Lapse of approval. An approved variance will lapse and have no further effect one year after it is approved by the Board of Appeals, unless:

A building permit has been issued (if required);

The use or structure has been lawfully established; or

A different lapse of approval period or point of expiration has been expressly established by the Board of Appeals.

Successive applications. Once a variance request has been denied by the Board of Appeals, no rehearing on the same or substantially similar variance application may held except upon a simple majority vote of Board members present and voting and a finding that substantial new evidence is submitted that could not reasonably have been presented at the previous hearing.

Review by court of record. Any person aggrieved by the decision of the Board of Appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. The petition must be presented to the court within 30 days after the filing of the decision in the office of the Board of Appeals.

§ 475-1109 Written interpretations.

Purpose and applicability.

Day-to-day responsibility for administering and interpreting the provisions of this chapter, including the Zoning Map, rests with the Planning and Zoning Administrator, whose decisions may be appealed to the Board of Appeals, in accordance with the procedures of § 475-1110.

§ 475-1110 Appeals of administrative decisions.

Occasionally, the Zoning Ordinance may not sufficiently address an issue that arises in administering or interpreting its provisions. In those cases, the Planning and Zoning Administrator may elect to issue or a citizen may file an application for a written Zoning Ordinance interpretation to guide in future decisionmaking. The procedures of this section govern the issuance of such written interpretations. The procedures also govern interpretations of the terms of approved site plans.

Authority. The Planning and Zoning Administrator is authorized to issue written interpretations. The Planning and Zoning Administrator is also authorized to refer the matter to the Board of Appeals or Plan Commission for an interpretation or for guidance in making an interpretation.

Application. A complete application for a written interpretation request may be submitted to the Planning and Zoning Administrator.

Action. Within 30 days of receipt of a complete application, the Planning and Zoning Administrator must 1) review and evaluate the interpretation request in light of the provisions that are the subject of the interpretation request and any other relevant documents; 2) consult with the Village Attorney and other affected staff; and 3) prepare a written interpretation.

Form. The interpretation must be provided to the applicant in writing and be filed in the official record of interpretations.

Official record. The Village Clerk-Treasurer must maintain an official record of written interpretations. The record of interpretations must be available for public inspection in the office of the Village Clerk-Treasurer during normal business hours.

Appeal of decision. Appeals of written interpretations issued pursuant to this section may be taken to the Board of Appeals in accordance with the appeal procedures of § 475-1110.

Applicability. The Board of Appeals is authorized to hear and decide appeals when it is alleged there has been an error in any order, requirement, decision or determination made by the Planning and Zoning Administrator or any other administrative official in the administration, interpretation or enforcement of this chapter.

Right to appeal. Except as otherwise expressly stated, appeals of administrative decisions may be filed by any person aggrieved by the administrative official's decision or action, including officials, departments, boards or agencies affected by decisions.

Filing of appeal. Appeals of administrative decisions must be filed with the Village Clerk-Treasurer within 30 days of the date of the written decision or order.

Effect of filing. The filing of a complete notice of appeal stays all legal proceedings in furtherance of the action appealed, unless the Planning and Zoning Administrator certifies to the Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property, in which case the proceedings will not be stayed unless by a restraining order, which may be granted by the Board of Appeals or by a court of record based on due cause shown.

Transmittal to Board of Appeals. Upon receipt of a complete notice of appeal, the administrative official whose decision is being appealed must transmit to the Board of Appeals all papers constituting the record upon which the action appealed is taken.

Notice of hearing.

Notice of the Board of Appeals' required hearing on an appeal of an administrative decision must be published in accordance with Ch. 985, Wis. Stats.

Notice must be mailed to the subject property owner at least 10 days before the Board of Appeals' required hearing.

Hearing and final decision.

The Board of Appeals must hold a hearing to consider the appeal.

Following the close of the hearing, the Board of Appeals must take action on the appeal. The Board's decision must be supported by written findings of fact.

In exercising the appeal power, the Board of Appeals has all the powers of the administrative official from whom the appeal is taken. The Board of Appeals may affirm or may, upon the concurring vote of a simple majority of Board members present and voting, reverse, wholly or in part, or modify the decision being appealed.