A.
Applicability. The common provisions of this section (§ 475-1101) apply to all of the procedures in this article unless otherwise expressly stated.
B.
State law. The review and approval procedures of this chapter are
intended to comply with state statutes, including §§ 62.23(7)
and 236.45, Wis. Stats. If any provision of this chapter is in conflict
with any provision of state statutes or if this chapter fails to incorporate
a provision required for the implementation of state statutes, Wisconsin
Statutes govern.
C.
Review and decisionmaking authority. Table 11-1 provides a summary
of review and decisionmaking authority. In the event of conflict between
this summary table and the written procedures contained elsewhere
in this article, the written procedures govern.
Table 11-1
Review and Decision-Making Authority
| ||||
---|---|---|---|---|
Procedure
|
PZA
|
BoA
|
PC
|
VB
|
Ordinance text amendments
|
R
|
—
|
R
|
DM*
|
Zoning Map amendments
|
R
|
—
|
R
|
DM*
|
Development plan
|
R
|
—
|
R
|
DM*
|
Conditional uses
|
R
|
—
|
R
|
DM*
|
Site plan review
| ||||
Administrative site plan
|
DM
|
—
|
—
|
—
|
Public hearing site plan
|
R
|
—
|
DM
|
—
|
Design exceptions
| ||||
Administrative
|
DM
|
—
|
—
|
—
|
Public hearing
|
R
|
—
|
R
|
DM*
|
Variances
|
R
|
DM*
|
—
|
—
|
Written interpretations
|
DM
|
—
|
—
|
—
|
Appeals of administrative decisions
|
—
|
DM*
|
—
|
—
|
Table notes:
|
R = Review and recommending authority
|
DM = Final decisionmaking authority
|
PZA = Planning and Zoning Administrator
|
BoA = Board of Appeals
|
PC = Plan Commission
|
VB = Village Board
|
* = Public hearing
|
D.
Preapplication meetings.
(1)
Purpose. Preapplication meetings provide an early opportunity
for staff and applicants to discuss the procedures, standards and
regulations required for approval under this chapter.
(2)
Applicability. Preapplication meetings are required whenever
the provisions of this chapter expressly state that they are required.
They are encouraged in all cases.
(3)
Scheduling. Preapplication meetings must be scheduled with the
Planning and Zoning Administrator.
(4)
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.
E.
Applications and fees.
(1)
Applicability. The application and fee provisions of this subsection
apply to zoning applications filed by eligible applicants.
(2)
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:
(3)
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)
A list of the names and addresses of all owners of record of
the property that is the subject of the application; and
(b)
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.
(4)
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.
(5)
Completeness, accuracy and sufficiency.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
F.
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.
G.
Neighbor communications.
(1)
Neighbor communications are encouraged by the Board of Appeals,
Plan Commission and Village Board to help:
(2)
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:
(a)
Efforts to notify neighbors about the proposal (how and when
notification occurred, and who was notified);
(b)
How information about the proposal was shared with neighbors
(mailings, workshops, meetings, open houses, fliers, door-to-door
handouts, etc.);
(c)
Who was involved in the discussions;
(d)
Concerns raised by neighbors; and
(e)
What specific changes (if any) were considered and/or made as
a result of the neighbor communications.
H.
Public hearing notices.
(1)
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.
(2)
Mailed notice.
(a)
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.
(b)
Property owner addresses must be obtained from the latest property
ownership information available in the Brown County Treasurer's office.
(3)
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.
(4)
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.
(5)
Content of notices. All required hearing notices must:
(a)
Indicate the date, time and place of the hearing or date of
action that is the subject of the notice;
(b)
Describe any property involved in the application by address
or by a commonly understood description of the location;
(c)
Describe the general nature, scope and purpose of the application
or proposal; and
(d)
Indicate where additional information on the matter can be obtained.
(6)
Constructive notice.
(a)
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.
(b)
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.
I.
Hearing procedures.
(1)
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.
(2)
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.
(3)
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.
J.
Action by review and decisionmaking bodies.
(1)
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.
(3)
Review and decisionmaking bodies are authorized to continue
a public hearing or defer action in order to receive additional information
or conduct further deliberations.
K.
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.
L.
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.
M.
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.
A.
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.
C.
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.
D.
Village Board hearing and decision.
(1)
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.
(2)
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.
E.
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.
A.
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).]
C.
Notice of hearing.
(1)
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.
(3)
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.
D.
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.
E.
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.
F.
Protest petitions.
(1)
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.
(2)
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:
(a)
At least 20% of the land area in included in the proposed Zoning
Map amendment;
(b)
At least 20% of the land area immediately adjacent and extending
100 feet from the subject property; or
(c)
At least 20% of the land directly opposite from the subject
property and extending 100 feet from the street frontage of the opposite
land.
G.
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.
H.
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.
A.
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.
B.
Applicability.
(1)
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.
(2)
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.
C.
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.
D.
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.
E.
Site plan review.
(1)
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.
(2)
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:
F.
Amendments to approved development plans.
(1)
Minor amendments.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2)
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.
(3)
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.
A.
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.
B.
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).]
C.
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.
D.
Application filing. Conditional use applications must be filed with
the Planning and Zoning Administrator.
E.
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.
F.
Public hearing notice.
(1)
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.
(3)
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.
G.
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.
H.
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.
I.
Review criteria and standards.
(1)
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:
(a)
That the establishment, maintenance or operation of the conditional
use will not be detrimental to or endanger the public health, safety
or general welfare;
(b)
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;
(c)
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;
(d)
That adequate utilities, access roads, drainage and other necessary
improvements have been or are being provided;
(e)
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.
(2)
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.
J.
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.
K.
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.
A.
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:
(1)
Implement community policies on physical development;
(2)
Provide for efficient, rational allocation of scarce facilities
and resources;
(3)
Promote economy and efficiency in the provision and improvement
of municipal services through the regulation of development; and
(4)
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.
B.
Applicability. Site plan review is required for all multifamily,
mixed-use and nonresidential development.
C.
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.
D.
Review and decisionmaking authority.
(1)
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.
(2)
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.
E.
Review process.
(1)
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.
(2)
Administrative site plans.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(3)
Public hearing site plans.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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)
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.
F.
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.
G.
Lapse of site plan approval. An approved site plan will lapse and
have no further effect one year after it is approved, unless:
H.
Permits and continuing compliance.
(1)
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.
(2)
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.
(3)
Construction, grading, or other development activities may be
carried out only in compliance with the approved site plan.
(4)
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.
I.
Resubmission
(1)
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.
(2)
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:
J.
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:
K.
Appeals of Planning and Zoning Administrator interpretations and
decisions.
(1)
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.
(2)
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.
A.
B.
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.
(1)
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.
(2)
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.
C.
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:
(1)
Build-to zone. Increase or decrease any build-to zone requirement
by 25% or two feet, whichever is greater.
(2)
Primary frontage lot line coverage. Decrease the minimum primary
frontage lot line coverage requirement by 15% or three feet, whichever
is greater.
(3)
Building setbacks. Decrease any setback by up to 15% or one
foot, whichever is greater.
(4)
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.
(5)
Height. Increase the minimum or maximum height for any story
by up to one foot.
(6)
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%.
D.
Public hearing design exceptions.
(1)
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.
(2)
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:
A.
Intent. Zoning variances are intended as a way to provide relief
from unnecessary hardships resulting from strict application of Zoning
Ordinance requirements.
B.
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:
(1)
Permit a principal use in a zoning district that is not otherwise
allowed in that zoning district (i.e., use variances are prohibited);
(2)
Waive, modify or amend any definition or use classification;
(3)
Waive, modify or otherwise vary any of the review and approval
procedures;
(4)
Waive, vary, modify or otherwise override a condition of approval
or requirement imposed by an authorized decisionmaking body or the
state or federal government;
(5)
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.);
(6)
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.
C.
Authority to file. Variance applications may be filed by eligible applicants or an eligible applicant's authorized agent. [See § 475-1101E(2).]
D.
Application filing. Variance applications must be filed with the
Planning and Zoning Administrator.
E.
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.
F.
Notice of hearing.
(1)
Notice of the Board of Appeals' required hearing on a variance
application must be published in accordance with Ch. 985, Wis. Stats.
G.
Hearing and final decision.
(1)
The Board of Appeals must hold a hearing to consider the variance
request.
H.
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:
(1)
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;
(2)
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;
(3)
The variance is the minimum variance needed to relieve the unnecessary
hardship;
(4)
The variance will not create substantial detriment to adjacent
property;
(5)
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
(6)
The difficulty or hardship was not created by an individual
who has a present interest in the subject property.
I.
Transferability. Approved variances run with the land and are not
affected by changes of tenancy, ownership, or management.
J.
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:
K.
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.
L.
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.
A.
Purpose and applicability.
(1)
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.
(2)
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.
B.
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.
C.
Application. A complete application for a written interpretation
request may be submitted to the Planning and Zoning Administrator.
D.
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.
E.
Form. The interpretation must be provided to the applicant in writing
and be filed in the official record of interpretations.
F.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
Notice of hearing.
G.
Hearing and final decision.
(1)
The Board of Appeals must hold a hearing to consider the appeal.
(2)
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.
(3)
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.
(4)
In acting on the appeal, the Board of Appeals must grant to
the administrative official's decision a presumption of correctness,
placing the burden of persuasion of error on the appellant.
H.
General review criteria and standards. An administrative decision
may be reversed only if the Board of Appeals finds that the Planning
and Zoning Administrator or other administrative official erred.
I.
Successive appeals. Once an appeal has been denied by the Board of
Appeals, no rehearing on the same or substantially similar appeal
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
on the appeal.
J.
Review by court of record. Any person aggrieved by a 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.