The purpose of this article of the chapter is to establish the
procedural requirements for zoning text amendments, Zoning Map amendments,
conditional use review and approval, temporary use review and approval,
sign permits, site plan review and approval, certificates of occupancy,
variances, zoning provision interpretations by the Zoning Administrator
and Zoning Enforcement Officer, and appeals of zoning provision interpretations
to the Zoning Board of Appeals.
A.
Purpose. The administrative and enforcement officials are to ensure
the provisions of this chapter shall be administered and enforced
equitably under the general police powers of the City of Lake Mills.
B.
Personnel.
(1)
Zoning Administrator. The City Manager, or his designee, is
hereby designated as the Zoning Administrator for administering the
provisions of this chapter. For such duties, he may be provided with
the assistance of such additional persons as the City Council may
direct.
(2)
Zoning Enforcement Officer. The Building Inspector, or his designee,
is hereby designated as the Zoning Enforcement Officer for enforcing
the provisions of this chapter. For such duties, he may be provided
with the assistance of such additional persons as the City Manager
may direct.
C.
Duties.
(1)
In the administration of this chapter, the Zoning Administrator
shall perform the following duties:
(a)
Maintain permanent and current records of this chapter, including,
but not limited to, all maps, amendments, conditional uses, variances,
appeals, and applications therefor;
(b)
Forward to the City Plan Commission all applications for conditional
uses and for amendments to this chapter that are initially filed with
the City;
(c)
Carry out such additional responsibilities as are hereinafter
set forth by the provisions of this chapter.
(2)
In the enforcement of this chapter, the Zoning Enforcement Officer
shall perform the following duties:
(a)
Responsible for the official interpretation of the provisions
of this chapter.
(b)
Issue the necessary zoning use permits and occupancy permits
required by the provisions of this chapter, provided its provisions
and those of the building code have been complied with.
(c)
Forward to the Zoning Board of Appeals application for appeals,
variances, or other matters on which the Zoning Board of Appeals is
required to pass under this chapter;
(d)
In case of any finding of a violation of a provision of this
chapter, notify in writing the actual violator where known, owner
of the property on which the violation has taken place and the City
Manager, indicating the nature of the violation and the action necessary
to correct it;
(e)
Conduct inspections of buildings, structures, and use of land
to determine compliance with the terms of this chapter;
(f)
Carry out such additional responsibilities as are hereinafter
set forth by the provisions of this article.
D.
Authority. In the enforcement of said ordinance, the Zoning Enforcement
Officer shall have the power and authority for the following:
(1)
At any reasonable time, to enter upon any public or private
premises and make inspection to determine compliance with this chapter.
However, if he is refused entry after presentation of his identification,
he may procure a special inspection warrant in accordance with Wis.
Stats. § 66.0119.
(2)
Upon reasonable cause or question as to proper compliance, to
revoke any zoning use permit or occupancy permit, and issue cease-and-desist
orders requiring the cessation of any building, moving, alteration
or use which is in violation of the provisions of this chapter, such
revocation to be in effect until reinstated by the Zoning Enforcement
Officer or the Zoning Board of Appeals; or take any other action as
directed by the City Council to ensure compliance with or to prevent
violation of the Lake Mills Municipal Code provisions.
(3)
In the name of the City and with the endorsement of the City
Attorney, commence any legal proceedings necessary to enforce the
provisions of this chapter, including the collection of forfeitures
provided for herein.
A.
Establishment. There is hereby established a Zoning Board of Appeals
in the City of Lake Mills in accordance with § 62.23, Wis.
Stats., for hearing appeals and applications and granting variations
and exceptions to the provisions of this chapter in harmony with the
purpose and intent of the Zoning Ordinance.
B.
Membership.
(1)
Composition. The Zoning Board of Appeals membership is outlined in § 27-11 of the Code of the City of Lake Mills.
(2)
Terms. The members of the Zoning Board of Appeals shall serve terms as set forth in § 27-12 of the Code of the City of Lake Mills.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
Chairman. Selection of the Chairman is outlined in § 27-12 of the Code of the City of Lake Mills.
(4)
Recording secretary. The Zoning Board of Appeals shall have
a recording secretary who shall make and keep a record of all of its
meetings and official acts.
(5)
City staff. The City may designate that a member of the staff
to attend meetings of the Zoning Board of Appeals for providing the
City's case.
(6)
Continuation of existing Board. The Zoning Board of Appeals
in existence at the time of the passage of the ordinance from which
this chapter is derived shall be recognized as the Zoning Board of
Appeals established under the provisions of this chapter, and the
members previously appointed under the old ordinances shall be recognized
as members thereof, and shall serve for such period of time as designated
at the time of appointment, the time to run from the date of the original
appointment under the old ordinance.
(7)
Vacancies. Vacancies shall be filled for the unexpired term
of the member whose place has become vacant.
C.
Powers of the Board. The powers of the Zoning Board of Appeals are outlined in § 27-13 of this chapter.
D.
Meetings and procedures.
(1)
Rules of procedure. The Board shall adopt its own rules and
procedures, not in conflict with this chapter or with the applicable
Wisconsin Statutes, and select or appoint such officers as it deems
necessary. The Board may require submission of such records, plats
and other information necessary to make its determinations. A copy
of the rules of procedure, and all recommendations relating thereto,
shall be filed in the office of the secretary.
(2)
Meetings. All meetings of the Zoning Board of Appeals shall
be held at the call of the Chairman and at such other times as the
Zoning Board of Appeals may determine. Publication and mailing of
due notice is to be made at least 10 days prior to the date of hearing.
The notice shall be published in a paper of general circulation in
the City, and such notice to contain a statement of the particular
purpose of such meeting and a brief description of the location of
the property under consideration at such meeting. All meetings of
the Zoning Board of Appeals shall be open to the public. Any person
may appear and testify at a hearing either in person or by duly authorized
agent or attorney.
(3)
Minutes. The Zoning Board of Appeals shall keep minutes of its
proceedings, showing the vote of each member upon every question,
or, if absent or failing to vote, indicating such fact, and shall
also keep records of its examinations and other official actions.
Findings of fact shall be included in the minutes of each case and
the reasons for granting or denying each application shall be specified.
Every rule and regulation and every order, requirement, decision or
determination of the Zoning Board of Appeals shall immediately be
filed in the office of the secretary and shall be of public record.
(4)
Oaths. The Chair of the Zoning Board of Appeals may administer
oaths and compel the attendance of witnesses.
(5)
Finality of decisions of the Zoning Board of Appeals. All decisions
and findings of the Zoning Board of Appeals, on appeal or upon application
for a variation after a hearing, shall, in all instances, be final
administrative determinations and shall be subject to review by courts
as by law may be provided.
E.
Application for variance and notice of hearing. An application for
a variance shall be filed, along with the required filing fee, with
the Zoning Enforcement Officer by the owner(s) of the subject property
or by the contract purchasers. The application shall contain such
information as the Board may, by rule, require. The application shall
be certified as complete by the Zoning Enforcement Officer before
placing such item on any agenda to be acted upon by the Board. Said
application shall be comprised of all of the following:
(1)
A map of the subject property showing all lands for which the
variance is proposed. Said map and any attachments shall be submitted
in a form which is clearly reproducible with a photocopier. All lot
dimensions of the subject property, a graphic scale, and a North arrow
shall be provided.
(2)
A written description of the proposed variance describing the
type of specific requirements of the variance proposed for the subject
property.
(3)
A site plan of the subject property as proposed for development.
Said site plan shall conform to any and all requirements of the Zoning
Enforcement Officer.
F.
Review by the Zoning Enforcement Officer. The requested variance
shall be reviewed by the Zoning Enforcement Officer as follows:
(1)
The Zoning Enforcement Officer shall determine whether the application
is complete and fulfills the requirements of this section. If the
Zoning Enforcement Officer determines that the application is not
complete or does not fulfill the requirements of this section, he
shall return the application to the petitioner. If the Zoning Enforcement
Officer determines that the application is complete, he shall so notify
the petitioner.
(2)
Upon notifying the petitioner that the application is complete,
the Zoning Enforcement Officer shall review the application and evaluate
and comment on the written justification for the proposed variance
provided in the application.
(3)
The Zoning Enforcement Officer shall also evaluate the application to determine, particularly as evidenced by compliance with the standards of Subsection I below, whether a variance from the terms of the Zoning Ordinance will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.
(4)
The Zoning Enforcement Officer shall forward the report to the
Board. If the Zoning Enforcement Officer determines that the proposal
may be in conflict with the provisions of the Zoning Ordinance and
Comprehensive Plan, the Zoning Enforcement Officer shall note this
determination in the report.
G.
Appeals.
(1)
General.
(a)
Appeals to the Board may be taken by any person aggrieved or
by any officer, department, board or bureau of the City affected by
any decision of the administrative officer. Such appeal shall be taken
within a reasonable time, as provided by the rules of the Board, by
filing with the officers from whom the appeal is taken and with the
Board a notice of appeal specifying the grounds thereof. The officers
from whom the appeal is taken shall forthwith transmit to the Board
all the papers constituting the record upon which the action appealed
from was taken.
(b)
An application for a variation shall be filed in writing with
the Zoning Enforcement Officer. The application shall contain such
information as the Zoning Board of Appeals may from time to time,
by rule, require.
(c)
An application for a variance shall stay all legal proceedings
furthering enforcement of any provisions of the Zoning Ordinance from
which the petitioner is requesting a variance, unless the Zoning Enforcement
Officer certifies to the Board after the request for a variance has
been filed, that by reason of the facts stated in the certificate,
a stay would cause imminent peril to life or property. In such a case,
proceedings shall not be stayed otherwise than by a restraining order
which may be granted by the Board or by a Court of Record upon application,
on notice to the Zoning Enforcement Officer, and on due cause shown.
(2)
Administrative appeals.
(a)
General application requirements. Appeals from the decision
of the Zoning Enforcement Officer concerning the literal enforcement
of this chapter may be made by any person aggrieved, or by any officer,
department, board, or bureau of the City. Such appeals shall be filed
with the City Clerk within 20 days after the date of written notice
of the decision or order of the Zoning Enforcement Officer. Applications
may be made by the owner or lessee of the structure, land, or water
to be affected anytime and shall be filed with the City Clerk. Such
appeals and application shall include that information and data as
outlined in the Zoning Board of Appeals Rules of Procedure.
(3)
Dimensional variances.
(a)
Purpose. The Zoning Board of Appeals, after a public hearing,
may determine and vary the regulations of this chapter in harmony
with their general purpose and intent, only in the specific instances
hereinafter set forth, where the Zoning Board of Appeals makes findings
of fact according to the standards hereinafter prescribed, and further
finds that there are practical difficulties or particular hardships
in the way of carrying out the strict letter of the regulations of
this chapter.
(b)
Application and notice of hearing. An application for a variance
shall be filed in writing with the City Clerk. The application shall
contain such information as outlined in the Zoning Board of Appeals
Rules of Procedure. Before decisions on such petitions, the Zoning
Board of Appeals shall hold a public hearing thereon pursuant to the
requirements set forth in the Zoning Board of Appeals Rules of Procedure.
(c)
Findings of facts. No variance to the provisions of this chapter
(except as otherwise provided) shall be granted by the Zoning Board
of Appeals unless it finds that if the variance is granted it would
not be contrary to the public interest; a literal enforcement of the
chapter provisions would result in practical difficulties or unnecessary
hardship due to special conditions; the spirit of the chapter is preserved;
public safety and welfare are secured and substantial justice done.
In reviewing the application and evidence relating to a variance,
the Zoning Board of Appeals shall consider the findings statements
set forth in this section of this chapter.
(4)
Boundary disputes. The following procedure shall be used by
the Board in hearing disputes concerning floodplain district boundaries:
(a)
If a floodplain district boundary is established by approximate
or detailed floodplain studies, the flood elevations or profiles shall
prevail in locating the boundary. If none exist, other evidence may
be examined.
(b)
In all cases, the person contesting the boundary location shall
be given a reasonable opportunity to present arguments and technical
evidence to the Board.
H.
Public hearings for Zoning Board of Appeals.
(1)
General. The Zoning Board of Appeals shall hold a public hearing
upon each variance within a reasonable time of the date of filing.
The Zoning Board of Appeals shall publish notice of a public hearing
in conformance to the requirements of § 62.23(7)(d) of the
Wisconsin Statutes. Said notice shall be published in a paper of general
circulation in the City, on such application for variation, stating
the time and place and the purpose of the hearing. Notice of the public
hearing shall be mailed to the petitioner and the owners of all property
within 200 feet of the boundaries of subject property. Failure to
mail said notice, provided it is unintentional, shall not invalidate
proceedings under this section. The cost of notifying the affected
property owner and the cost of advertising the notice of public hearing
shall be borne by the petitioner. At the hearing, the appellant or
petitioner may appear in person, by agent, or by attorney.
(3)
Conduct of public hearing. The Vice Chair of the Zoning Board
of Appeals shall place all witnesses under oath. The Zoning Board
of Appeals shall hear all relevant evidence presented for and against
the application. The Chairman of the Zoning Board of Appeals may rule
on exceptions to evidence and permit examination of witnesses.
I.
Findings. The Zoning Board of Appeals shall grant no variance to
the provisions of this chapter unless it finds that the following
facts and conditions exist when applicable and so indicates in the
minutes of its proceedings:
(1)
Hardship or practical difficulty. The hardship or difficulty
shall be peculiar to the subject property and different from that
of other properties and not one which affects all properties similarly.
Such hardship or difficulty shall have arisen because of the unusual
shape of the original acreage parcel; unusual topography or elevation;
or because the property was created before the passage of the current,
applicable zoning regulations, and it is not economically suitable
for a permitted use or will not accommodate a structure of reasonable
design for a permitted use if all area, yard, green space, and setback
requirements are observed.
(2)
Preservation of intent. No variance shall be granted that is
not consistent with the purpose and intent of the regulations for
the district in which the development is located. No variance shall
permit a use in any district that is not a stated permitted use, accessory
use, or special use in that particular district.
(3)
Exceptional circumstances. There must be exceptional, extraordinary,
or unusual circumstances or conditions applying to the lot or parcel,
structure, use, or intended use that do not apply generally to other
properties or uses in the same district and the granting of the variance
would not be of so general or recurrent nature as to suggest that
the Zoning Ordinance should be changed.
(4)
Economic hardship and self-imposed hardship not grounds for
variance. No variance shall be granted solely based on economic gain
or loss. Self-imposed hardships shall not be considered as grounds
for the granting of the variance.
(5)
Preservation of property rights. The variance must be necessary
for the preservation and enjoyment of substantial property rights
possessed by other properties in the same district and same vicinity.
(6)
Preservation of health, safety, welfare, morality of the community.
The proposed variation will not impair an adequate supply of light
and air to adjacent property, or substantially increase the congestion
in the public streets, or increase the danger of fire or endanger
the public safety, or substantially diminish or impair property values
within the neighborhood.
(7)
Absence of detriment. No variance shall be granted that will
create substantial detriment to adjacent property and will materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
(8)
Additional requirements in Shoreland-Wetland Districts. See the provisions of § 660-198 of this chapter.
(9)
Additional requirements in floodplain districts. In addition
to the criteria above, to qualify for a variance under FEMA regulations,
the following criteria must be met:
(a)
The variance shall not cause any increase in the regional flood
elevation;
(b)
Variances can only be granted for lots that are less than 1/2
acre and are contiguous to existing structures constructed below the
RFE; and
(c)
Variances shall only be granted upon a showing of good and sufficient
cause, shall be the minimum relief necessary, shall not cause increased
risks to public safety or nuisances, shall not increase costs for
rescue and relief efforts and shall not be contrary to the purpose
of the ordinance.
(d)
A variance shall not:
[1]
Grant, extend or increase any use prohibited in the zoning district.
[2]
Be granted for a hardship based solely on an economic gain or
loss.
[3]
Be granted for a hardship which is self-created.
[4]
Damage the rights or property values of other persons in the
area.
[6]
Allow any alteration of an historic structure, including its
use, which would preclude its continued designation as a historic
structure.
(e)
When a floodplain variance is granted, the Board shall notify
the applicant in writing that it may increase risks to life and property
and flood insurance premiums could increase up to $25 per $100 of
coverage. A copy shall be maintained with the variance record.
J.
Decision.
(1)
Required vote. If a quorum is present, the concurring vote of
a majority of the members present shall be necessary to grant a variation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Finding of fact. Every finding of fact shall be signed by the
Chair or Vice Chair and attested to by the Board Secretary as evidence
of the action of the Board. The original finding of fact letter shall
be sent to the appellant. Copies of each finding of fact letter shall
be filed with the Board's record of the case, the property file, and
the Administrative Officer by the Recording Secretary.
(3)
Conditions. Conditions may be placed upon any zoning permit
ordered or authorized by the Zoning Board of Appeals.
(4)
Decision. The Zoning Board of Appeals shall, within 60 days
after the public hearing, render its decision in writing.
K.
Limited effect of a variance. Where the Board has granted a variance,
such approval shall neither change the use classification of the building
or premises, nor give it any status as a nonconforming use other than
that which it has as a result of the variance. Granting a variance
shall be considered as being unique to the variance granted, and shall
not be construed as precedent for any other proposed variance.
L.
Effect of denial and resubmittal. No application for a variance which
has been denied (either wholly or in part) shall be resubmitted for
a period of 12 months from the date of said order of denial, except
on grounds of new evidence or proof of change of factors found valid
by the Zoning Enforcement Officer.
M.
Re-hearing. No request to grant a re-hearing shall be entertained
unless substantial new evidence is submitted which could not reasonably
have been presented at the previous hearing. In all cases, the request
for a re-hearing shall be in writing listing the reasons for the request,
and shall be duly verified and accompanied by the necessary data and
diagrams. The party requesting the re-hearing shall be notified to
appear before the Board on a date to be set by the Board, of which
the requestor shall be notified. If a motion to grant a re-hearing
receives the affirmative votes of four or more members of the Board,
the case shall be put on the calendar for a re-hearing. Re-hearings
shall be subject to the same requirements as the original hearing.
N.
Review by court of record. Any person or persons aggrieved by any
decision of the Zoning 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. Such petition
shall be presented to the court within 30 days after the filing of
the decision in the office of the secretary of the Zoning Board of
Appeals.
O.
Compensation. The City Council shall determine the annual compensation
for service of the members of the Zoning Board of Appeals.
A.
Establishment. The Plan Commission is established pursuant to § 62.23
of the Wisconsin Statutes for the guidance, direction and control
of the growth and development or redevelopment of the City and contiguous
territory not more than 1 1/2 miles beyond the corporate limits
and not included in any municipality.
B.
Composition. The Plan Commission membership is outlined in § 27-8 of the Code of the City of Lake Mills.
C.
Term of members; vacancies. The terms of the Plan Commission are outlined in § 27-8 of the Code of the City of Lake Mills.
D.
Compensation of members. The City Council shall determine the compensation
for annual service of all members of the Plan Commission.
E.
Organization. The Plan Commission shall organize and adopt rules
for its own government according to the provisions of this chapter.
(1)
Meetings. The Plan Commission shall set its own meeting schedule,
generally to be twice per month. Special meetings may be held at the
call of the Chairman.
(2)
Standing and special subcommittees. The Chairman may appoint
standing and special subcommittees.
(3)
Quorum. Quorum shall be four members, and all actions shall
require approval of a majority of the members present.
(4)
Proxy voting. Voting by proxy shall not be permitted.
(5)
Minutes. Minutes shall be kept showing all actions taken, resolutions,
findings, determinations, transactions, and recommendations made.
A copy of the minutes shall be filed with the City Clerk in accordance
with policies as may be adopted by the City Council from time to time.
F.
Powers. The Plan Commission shall have such powers as may be necessary
to enable it to perform its functions and duties and promote municipal
planning. Such powers shall include, but not be limited to, the following:
(1)
Employment of experts. To employ experts and staff and to pay
for their services, supplies, equipment, and other such expenses as
may be necessary and proper, not to exceed the appropriations and
regulations as may be made by the City Council from time to time.
(2)
Reports and recommendations. To make reports and recommendations
relating to the planning and development of the municipality to public
officials, agencies, utilities, and other organizations and citizens.
(3)
Request available information. To request available information
from any public official to be furnished within a reasonable time.
G.
Duties. The Plan Commission shall have the following functions and
duties:
(1)
Prepare and recommend a comprehensive master plan. To make and adopt a comprehensive plan for the physical development of the municipality, in accordance with §§ 62.23 and 66.1001 of the Wisconsin Statutes and § 27-10 of the Code of the City of Lake Mills.
(2)
Prepare and recommend an Official Map. To make and recommend
an Official Map to the City Council according to Section § 62.23
of Wisconsin Statutes.
(3)
Prepare and recommend a zoning district plan and regulations.
To prepare and recommend a zoning district plan and regulations to
the City Council according to § 62.23 of the Wisconsin Statutes.
(4)
Prepare and recommend land division regulations. To prepare
and recommend land division regulations to the City Council according
to Chapter 236 of the Wisconsin Statutes.
(5)
Changes to adopted plans. Make and/or recommend changes to adopted
plans and to recommend to the City Council said changes or amendments
concerning the Official Map and Official Map Ordinance, Zoning and
Land Division Ordinance, and other ordinances as deemed related.
(6)
Matters referred to the Plan Commission. To consider and report
or recommend on all matters referred to them including, but not limited
to, conditional use permits.
(8)
Division of land. The Plan Commission shall make recommendations
to the City Council on all division of lands within the City's extraterritorial
platting jurisdiction.
(9)
Determination of use. The Plan Commission shall make a determination
for all uses that are not specifically classified as permitted by
right, as accessory to a permitted primary use, or permitted by conditional
use permit.
(10)
Conditional use permit recommendations. The Plan Commission
shall hear petitions for conditional use grants and make recommendations
to the City Council.
(11)
Conditional use permit terminations. The Plan Commission shall
only provide recommendations for termination of conditional uses to
the City Council.
(12)
Hold public hearings and informational meetings. To hold public
hearings and informational meetings on matters referred to the Plan
Commission.
H.
Referrals. The City Council or other public body or officer of the
City having final authority thereon shall refer to the Plan Commission,
for its consideration and report before final action is taken, the
following matters:
(1)
Public buildings. Location and architectural design of any public
building.
(2)
Statues and memorials. Location of any statue or other memorial.
(3)
Streets, alleys, or other public way, park, playground, airport,
or other memorial/public grounds. Location, acceptance, extension,
alteration, vacation, abandonment, change of use, sale, acquisition,
or lease of land for any street, alley, or other public way, park,
playground, airport, parking area, or other memorial or public grounds.
(4)
Other. Location, character and extent or acquisition, leasing
or sale of lands for public or semipublic housing, slum clearance,
relief of congestion, or vacation camps for children.
(5)
Public utilities. Location, extension, abandonment, or authorization
for any public utility whether publicly or privately owned.
(6)
Changes and amendments. All proposed or requested changes and
amendments to the City's Comprehensive Plan and adopted components
thereof, Official Map, Zoning Ordinance, Subdivision, land division
ordinances, and Comprehensive Planning.
I.
Additional powers and duties. The Plan Commission shall have all
additional powers and duties granted or assigned by the City Council
or by City ordinances. All the powers and duties granted or assigned
by the Wisconsin Statutes to Plan Commissions and any amendments thereto
are hereby granted or assigned to the Plan Commission and such statutes
are hereby adopted by reference.
J.
Fees. Fees, as established from time to time by resolution of the
City Council, associated with Plan Commission petitions shall be paid
by the petitioner prior to the item being added to the agenda.
A.
Purpose. The purpose of the extraterritorial zoning (ETZ) regulations
is to promote public health, safety, and general welfare, and to provide
sound controls over land uses within the areas over which the governing
body of the City of Lake Mills and the Town of Lake Mills have jurisdiction
pursuant to § 62.23(7a), Wis. Stats., and their boundary
agreement.
B.
Joint Extraterritorial Zoning Committee.
(1)
Creation. Pursuant to § 62.23(7a), Wis. Stats., and
Resolution 02-44, A Resolution Declaring Intent to Exercise Extraterritorial
Jurisdiction in the Town of Lake Mills, the City Council of the City
of Lake Mills has established a joint Extraterritorial Zoning Committee
(ETZC).
(2)
Membership. In accordance with the authority conferred by § 62.23(7a),
Wis. Stats., the City Council of the City of Lake Mills does hereby
organize the ETZC with the powers and duties set forth herein, and
does herein set out procedures for the governance of the ETZC.
(a)
The ETZC shall have six members, three of which shall be Town
of Lake Mills appointees and three of which shall be members of the
City of Lake Mills Plan Commission (PC).
(b)
The Town members of the ETZC are appointed to terms of three
years by the Lake Mills Town Board and shall be persons of recognized
experience and qualifications. Town Board members are eligible to
serve as members of the ETZC. For those Town members first appointed,
the Town Board may exercise its discretion with regard to designating
staggered terms such that not all terms of members from the Town of
Lake Mills would expire in the same year.
(3)
Terms. The City members shall be appointed by the Council President
for terms of three years, and such appointments are subject to confirmation
by the Council. All City members shall be non-Council members of the
Planning Commission of the City of Lake Mills, and their terms on
the ETZC shall coincide with their three-year terms on the Planning
Commission.
(4)
Chairperson. The Chairperson of the ETZC shall be elected annually
by the members of the ETZC. In addition, the ETZC may elect a Vice
Chairperson, and such other officers as the Committee may, in its
judgment, deem necessary to carry out the duties of the ETZC.
(5)
Recording Secretary. The City Clerk shall attend meetings of
the ETZC to keep a record of its proceedings and shall provide all
notices of meetings and hearings as required by law and shall act
as the ETZC's records custodian.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Support. The ETZC shall have the administrative support of the
City Manager, Clerk, Planning Consultant and, when needed, the Engineering
Consultant. The City Attorney and Special Counsel of the City of Lake
Mills will provide services to the extent allowable under their duties
to the City of Lake Mills.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(7)
Compensation. No compensation shall be paid to members for service
on the ETZC. Members shall take the official oath required by § 19.01,
Wis. Stats., which is to be filed with the Clerk prior to entering
into the duties of office.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(8)
Powers and duties. The ETZC shall have the powers and duties
prescribed in § 62.23(7a) Wis. Stats., and such other powers
and duties as shall be vested in it from time to time by ordinance
of the City Council.
(9)
Meetings. The ETZC shall regularly meet on the same date as
the regular, monthly Planning Commission meetings, but it shall only
meet when it has business to conduct. All meetings are called by the
chairperson of the ETZC and when the situation warrants it, the Chairperson
may call special meetings of the ETZC. Meetings may be held separately
from the meetings of the PC, but when so conducted, all actions of
the ETZC shall be reported to the PC on a monthly basis. Meetings
may be held jointly with the PC when participation with the PC is
advisable. Four members of the ETZC shall constitute a quorum, whether
it is meeting separately or jointly with the PC, and all actions of
the ETZC shall require the affirmative approval of a majority of all
members of the ETZC. Any vote taken by the ETZC in a joint meeting
with the PC shall be deemed to be the action of the PC, whenever that
vote pertains to the proposed plans or regulations, or amendments
thereto, in the ETZ area.
(10)
Rules. The ETZC may create rules for the conduct of its business
and for carrying out its duties, provided the rules are not in conflict
either with this chapter or with § 62.23(7a), Wis. Stats.
(11)
Records. All records, including electronic communications and
any correspondence or reports received or created by the ETZC, shall
be preserved by placing the same on file with the Clerk.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Procedures.
(1)
The ETZC shall participate with the Plan Commission in developing
tentative recommendations for the district plan and regulations within
the boundaries of the extraterritorial zoning jurisdiction area. Such
participation shall include the entire Plan Commission in the course
of preparing the plan and regulations to be made applicable to the
ETZ area.
(2)
Only the members of the ETZC may vote on matters relating to
the extraterritorial plan and regulations, or amendments thereto,
regardless of whether the ETZC is meeting jointly with the PC, but
members of the PC may participate in discussions of the ETZC at joint
meetings prior to the taking of any vote.
(3)
The City Council may not adopt the proposed plan and regulations
or amendments thereto unless the proposed plan, regulations, or amendments
thereto have received the favorable vote of four members of the ETZC.
Such a vote shall be deemed to be action taken by the entire PC whenever
§ 62.23, Wis. Stats., requires a recommendation from the
PC prior to the Council taking action.
(4)
The ETZC shall formulate tentative recommendations for the district
plan and regulations, or parts thereof, and shall hold a public hearing
thereon. Notice of a hearing shall be given by publication in the
official newspaper as a Class 2 notice, under Ch. 985, and by mailing
the notice to the Clerk of the Town of Lake Mills. The notice shall
contain the layout of tentative districts whether by maps or words
of description, and may contain the street names and house lot numbers
for purposes of identification if the ETZC or the Council so determines.
At a public hearing, an opportunity to be heard shall be afforded
to representatives of the Lake Mills Town Board or to any person residing
in the Town of Lake Mills, as well as any other interested persons.
(5)
After the public hearing on any tentative recommendations for the district plan or regulations, or parts thereof, the ETZC shall make a final recommendation to the Council in accordance with Subsection C(2) and (3) of this section. The PC may consider and report to the Council with regard to any such recommendation, but it may not veto or change any proposed district plan or regulations, or parts thereof, which have been recommended to the Council by the ETZC.
(6)
The Council may adopt by ordinance the proposed district plan and regulations, or parts thereof, recommended by the ETZC after giving notice as provided in Subsection C(4) of this section and holding a separate public hearing, or the Council may change the proposed districts and regulations after first submitting the proposed changes to the ETZC for recommendation and report. The ETZC and the Council may hold a hearing on the proposed changes after giving notice as provided in Subsection C(4) of this section. The ETZC recommendation on the proposed changes shall be submitted to the governing body, and such recommendation shall be made in accordance with Subsection C(2) and (3) of this section.
(7)
The Council may amend the districts and regulations of the extraterritorial zoning ordinance after first submitting the proposed amendment to the ETZC for recommendation and report. The procedures set out in Subsection C(1) through (6) of this section shall apply to any amendments to the extraterritorial zoning ordinance or district plan. In the case of a protest against an amendment, the applicable provisions under § 62.23(7)(d), Wis. Stats., shall be applicable.
(8)
The Council may specifically provide in the extraterritorial
zoning ordinance for the enforcement and administration of the ETZ
regulations. The town, if it has been issuing building permits, may
continue to do so, but the Zoning Enforcement Officer shall approve
such permits as to zoning prior to their issuance.
D.
Administration.
(1)
The Zoning Enforcement Officer of the City of Lake Mills and such deputies or assistants that have been, or shall be, duly appointed by the City Council shall enforce extraterritorial zoning provisions. Any requested variance to these regulations, or any requested appeals from any order, requirement, decision, or determination made in the administration of ETZ, may be taken to the City of Lake Mills Zoning Board of Appeals. The administrative procedures for variances and appeals set forth in § 660-176 of this article are also applicable to this chapter and incorporated herein by reference.
(2)
The ETZC shall have all the powers and duties conferred to them
in § 62.23(7a), Wis. Stats. Where such conditional uses
may be granted in the ETZ area, the ETZC shall also have the authority
to review a conditional use permit request and make a recommendation
regarding its findings on the request to the City of Lake Mills City
Council.
(3)
The procedures to review and forward a recommendation on a conditional use permit request shall comply with § 660-195D(4) of the City of Lake Mills Code, with "ETZC" substituting for "Plan Commission." Section 660-195D(4) is incorporated herein by reference.
E.
Enforcement. The Zoning Enforcement Officer, or his designee, may enforce any ETZ violation by using the enforcement processes and procedures in the Lake Mills Municipal Code, which are located in this chapter, or which are included in the nuisance regulations when the same are within his jurisdiction. All such enforcement procedures, processes and powers in this chapter, and in Chapter 479, Nuisances, are incorporated herein by reference.
A.
Establishment. The Lake Mills Plan Commission, as constituted under Chapter 27, Boards, Committees and Commissions, Article III, Plan Commission, of the Code of the City of Lake Mills is hereby designated as the Historic Preservation Commission. This designation shall not be delegated to any subordinate organization, committee, or subcommittee unless specifically proposed by the Plan Commission and approved by a 3/4 vote of the City Council.
B.
Powers and duties. The Commission shall have the power, subject to Subsection C, to recommend the designation of historic structures, historic sites, and historic districts within the City limits. Such designations shall be made based on criteria in § 660-63D(1). All recommendations shall be approved by the City Council. Once designated, such historic structures, sites and districts shall be subject to all the provisions of this chapter.
C.
Procedures for designation of historic structures, sites, and districts.
(1)
Nomination. Structures, sites, and districts shall be nominated
for designation as historic in nature. Nominations shall be in writing
to the Commission. Nominations for historic structures or sites may
only be submitted by the following: the property owner or owners of
record as listed in the office of the City Clerk, or any two members
of the City Council. Nominations for historic districts may only be
submitted by the owners of 51% of the property in the proposed district
or by 51% of the owners of the property in the proposed district,
or by any two members of the City Council.
(2)
Nominations received by the Commission shall be considered during
routine business meetings of the Commission. The property owner(s)
shall be permitted to offer any statement(s) to the Commission concerning
the nomination. This statement may be written or oral. In the case
of nominations for historic districts, the nomination shall not be
considered for the purposes of interim controls until the underlying
Historic Preservation Plan has been completed and submitted to the
Commission.
(3)
The Commission shall cause to be published a Class I notice
of a hearing and conduct said hearing for all nominations to designate
an historic structure, site, or district. In the case of a nomination
of a historic district, no notice or hearing shall proceed unless
a historic preservation plan has been made available to the Commission
prior to such notice and hearing.
(4)
The City Clerk shall notify the property owner(s) of record
of any property nominated by first-class mail at least 10 days prior
to such hearing. In addition, the City Clerk shall notify the owners
of property in whole or in part situated within 200 feet of the boundaries
of the property affected.
(5)
The Commission shall then conduct such hearing and, in addition to the notified persons, may hear expert witnesses, and may conduct an independent investigation of the proposed designation. The Commission shall make a preliminary written findings of fact, after applying criteria in § 660-63D(1), on all nominations within 60 days of the hearing. Owners of nominated property shall be provided a copy of the preliminary findings of fact, and any required historic preservation plan, within 10 days of the issuance of the preliminary written findings of fact.
(6)
The owners of nominated property shall have 30 days in which
to protest in writing to the Commission any of its preliminary findings
of fact. The Commission shall issue final findings of fact on designating
any property as historic no less than 60 days nor more than 90 days
after the date of the preliminary findings of fact.
(7)
A 3/4 vote of the Commission shall be required to recommend
designation of historic structures or sites to the City Council. The
City Council shall act on such recommended designations within 60
days of receipt of the Plan Commission recommendation and finding
of fact. Failure by the City Council to act upon the recommended designation
shall result in a denial of said designation unless the Council, for
good reason, extends the time frame for final action. A 3/4 vote of
the Council shall be required to designate a historic structure or
site.
(8)
Nominations for historic district designation shall be accompanied by a historic preservation plan for each district. It is the responsibility of the individuals submitting the nomination to prepare and fund the Historic Preservation Plan. The Historic Preservation Commission, subject to City Council approval, or the City Council may elect to fund the preparation of the Historic Preservation Plan, at its discretion. Once submitted, the nomination for Historic District designation shall be evaluated by the Historic Preservation Commission according to Subsection C. The Commission shall submit final written findings of fact and their recommendation for designation of Historic Districts to the City Council. The City Council shall act on the Commission's recommendation within 60 days of receipt. Failure of the Council to act shall result in the nomination being denied. A 3/4 vote of the City Council is required to designate a Historic District.
(9)
Rescission of a designation as a historic structure, site, or district shall be in accordance with the procedures established in Subsection C.
(10)
After the designation or rescission has been made, notification
shall be sent to the property owner or owners. Notification shall
also be given to the City Clerk, Zoning Administrator, and City Assessor.
The Commission shall cause the designation or rescission to be recorded,
at City expense, in the office of the Jefferson County Register of
Deeds.
D.
Interim control. No building permit shall be issued by the Zoning
Enforcement Officer for alteration, construction, demolition, or removal
of a nominated historic structure, historic site, or any property
or structure within a nominated historic district from the date of
the meeting of the Historic Preservation Commission at which a nomination
is first presented in writing, or in the case of a historic district,
from the date of the receipt of the historic preservation plan, until
the final disposition of the nomination by the Historic Preservation
Commission or the City Council, unless such alteration, removal or
demolition is authorized by formal resolution of the City Council
as necessary for public health or safety. In no event shall the delay
be for more than 180 days, unless specifically extended by the City
Council.
E.
Historical markers.
(1)
Property owners may request the placement of Wisconsin historical
markers on their designated properties by completing the Wisconsin
Historical Marker Application Form. The cost of these markers shall
be paid by the property owner.
(2)
The Commission may request the placement of Wisconsin historical
markers on any property designated as a historic site or structure,
or within the boundaries of a historic district. The cost of these
markers shall be paid by the City. The markers may be located upon
public property subject to approval of the Plan Commission (and Parks
Board, if located on park land) or on private property, provided the
property owner approves and grants an easement for emplacement and
maintenance of the historical marker.
A.
Purpose. The purpose of the zoning permit is for the City to communicate
its official statement that the land use and operations described
in the permit application are deemed to comply with the regulations
as set forth under this chapter.
B.
Permit required. A zoning permit, to be issued by the Zoning Enforcement
Officer, shall be required for all of the following, except accessory
buildings for agricultural operations:
(1)
Occupancy and use of a building or site hereafter changed, erected,
or enlarged.
(2)
Change in use or operations of an existing building or site.
(3)
Occupancy and use of vacant land.
(4)
Change in the use of land to a use of a different classification.
(5)
Any change in the use of a nonconforming use.
C.
Application. Applications for a zoning permit shall be made to the
Zoning Enforcement Officer on forms furnished by the Zoning Enforcement
Officer and shall include the following where pertinent and necessary
for proper review:
(1)
Name and address of the petitioner, owner of the site, architect,
professional engineer and contractor.
(2)
Property owner signature.
(3)
Description of the subject site by lot, block, and recorded
subdivision or by metes and bounds; address of the subject site; type
of structure; existing and proposed operation or use of the structure
or site; number of employees; and the zoning district within which
the subject site lies.
(4)
Site plan. Every application for zoning permit submitted to
the Zoning Enforcement Officer shall be accompanied by a site plan,
drawn to scale, showing the lot and the building site and location
of existing buildings on the lot. The site plan shall also show all
accessory buildings, existing and proposed structures, all existing
and proposed off-street parking and loading, streets and public ways,
and accurate dimensions of the lot, yards and buildings, together
with locations, size and use of any land and all buildings not on
the lot and within 50 feet from the boundaries thereof, unless separated
by a street.
(5)
Additional information as may be required by the Zoning Enforcement
Officer.
D.
Compliance with regulations. Except as hereinafter provided, no permit pertaining to the use of land or buildings shall be issued by any officer, department, or employee of the City unless the application for such permit has been examined and approved by the Zoning Enforcement Officer indicating that the proposed use, activities, building or site complies with all the provisions of this chapter. Occupancy or use of land, water or buildings and structures shall be prohibited until an occupancy certificate per § 660-188 has been issued, certifying that all appropriate provisions of this chapter have been met. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void.
E.
Granting of permit. A zoning permit shall be granted or denied by
the Zoning Enforcement Officer in writing within 30 days of a complete
application submittal, and the petitioner shall post such permit in
a conspicuous place at the site. A permit that is issued applies only
to the development project as it is specifically described in the
application. The permit shall expire within four months unless the
project site exhibits progress. Any permit issued in conflict with
the provisions of this chapter shall be null and void.
F.
Fees.
(1)
All petitioners shall pay a zoning permit fee, to be determined
by the City Council, at the time of application.
(2)
Zoning permit fees do not include and are in addition to building
permit fees established by the City.
(4)
If work is started before a permit is applied for and issued by the Zoning Enforcement Officer, a penalty may be applied. Such penalty shall not release the petitioner from full compliance with the provisions of Chapter 660, Zoning, nor from prosecution for violation of this chapter.
(5)
Fees for written determinations by the Zoning Enforcement Officer
may be applied.
A.
Purpose. The purpose of this section is to provide regulations governing the review and approval of certificates of occupancy. This procedure is required to ensure completed development complies with the regulations outlined in § 660-187, Zoning permit, and the approved site plan (per the requirements of § 660-205, Building site and operation (BSO) plan review and approval, and the requirements of this chapter as a whole.
B.
Applicability. A certificate of occupancy, to be issued by the Zoning
Enforcement Officer, shall be required for all of the following, except
accessory buildings for agricultural operations:
(1)
Occupancy and use of a building or site hereafter changed, erected
or enlarged.
(2)
Change in use or operations of an existing building or site.
(3)
Occupancy and use of vacant land.
(4)
Change in the use of land to a use of a different classification.
(5)
Any change in the use of a nonconforming use.
C.
Issuance of certificate of occupancy. No such occupancy, use or change
of use shall take place until a certificate of occupancy shall have
been issued based upon the following:
(1)
Written application for a certificate of occupancy for a new
building or for an existing building which has been enlarged shall
be made at the same time as the application for the zoning permit
for such building. No fee shall be charged for an original certificate
applied for coincident with the application for a zoning permit. For
all other certificates, or for copies of any original certificate,
a fee may be required. The certificate shall be acted upon within
three days after a written request for the certificate has been made
to the Zoning Enforcement Officer after the construction or enlargement
of such building or part thereof has been completed in conformance
with the provisions of this chapter. The occupancy certificate shall
be issued or written notice shall be given to the petitioner stating
the reasons why a certificate cannot be issued, no later than 14 days
after the Zoning Enforcement Officer is notified in writing that the
building or premises is ready for occupancy.
(2)
No occupancy certificate for a building, or portion thereof,
constructed after the effective date hereof, shall be issued until
construction has been completed and the premises inspected and certified
by the Zoning Enforcement Officer to be in conformity with the plans
and specifications upon which the zoning certificate was based. Pending
the issuance of a regular certificate, a temporary certificate may
be issued to be valid for a period not to exceed six months from its
date during the completion of any addition or during partial occupancy
of the premises.
(3)
Written application for a certificate of occupancy for the use
of vacant land, or for a change in the use of land or of a building,
or for a change in a nonconforming use, as provided in this chapter,
shall be made to the Zoning Enforcement Officer.
(4)
If the proposed use is in conformity with the provisions of
this chapter, the certificate of occupancy therefor shall be issued
within three days after application for the certificate has been made.
(5)
Each certificate of occupancy shall state that the building
or proposed use of a building or land complies with all provisions
of this chapter.
(6)
A record of all certificates of occupancy shall be kept on file
in the office of the Zoning Enforcement Officer, and a copy shall
be forwarded, on request, to any person having proprietary or tenancy
interest in the building or land affected.
D.
Certificate of occupancy for legal nonconforming uses. Upon application,
a certificate of occupancy shall be issued for all lawful nonconforming
uses of land or buildings created by adoption of this chapter, or
in existence at the effective date of this chapter. Application for
such certificate of occupancy for nonconforming use shall be filed
with the Zoning Enforcement Officer by the owner or lessee of the
building or land occupied by such nonconforming use within one year
of the effective date of this chapter. It shall be the duty of the
Zoning Enforcement Officer to issue a certificate of occupancy for
a legal nonconforming use.
E.
Termination of a certificate of occupancy. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in Subsection B above without having first obtained a certificate of occupancy. Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Zoning Enforcement Officer, he shall forthwith revoke the certificate of occupancy, by notice in writing to be delivered by him to the holder of the void certificate upon the premises where the violation has occurred, or if such holder be not found there, by mailing the said notice of revocation by certified letter to his last known address. Any person who shall proceed thereafter with such work or use without having obtained a new certificate of occupancy shall be deemed guilty of violation of this chapter.
F.
Fee. A fee is required for this procedure.
A.
Purpose. The purpose of this section is to provide a procedure and
requirement for obtaining a sign permit before the erection of certain
signs.
B.
General requirement. Unless specifically exempted by this chapter, no sign shall be erected, altered, or relocated after the effective date of this chapter until a sign permit has been secured from the Zoning Administrator. Section 660-124 establishes what changes to an existing sign would be deemed to be an alteration.
C.
Application requirements. All applications for sign permits shall
be made in writing on a form supplied by the City of Lake Mills Zoning
Administrator. Said application shall be submitted with all required
information provided and shall contain or have attached thereto the
following information:
(1)
A site plan for the subject property, with requirements as determined
by the Zoning Administrator, showing the location and dimensions of
all buildings, structures, and signs on the subject property; said
subject property boundaries; and the location of the proposed sign;
(2)
The configuration of the proposed sign, listing the height,
width, total square footage, method of attachment, method of illumination,
and sign materials;
(3)
The subject property's zoning designation; and
D.
Procedure. Upon receipt of a complete application, the Zoning Administrator
shall review said application for compliance with the requirements
of this chapter, and shall approve or deny a sign permit. Such action
by the Zoning Administrator shall be based on the submitted application
and this chapter, and such action shall occur within 10 working days
of the Zoning Administrator's acceptance of the complete application.
E.
Termination of a sign permit. Any sign found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. Nonconforming signs, as regulated in § 660-125, do not require sign permits, provided they remain in compliance with § 660-124.
F.
Exceptions to permit requirement. The following sign uses and purposes are permitted in all zoning districts without the need for a sign permit. Such signs shall not count as part of the maximum permitted sign area as regulated by Table 6.1 in § 660-119G.
(1)
Address numerals and identification signs not exceeding one
square foot in area.
(2)
Legal notices.
(3)
Signs established by, or by order of, any governmental agency.
(4)
Memorial signs and tablets displayed in cemeteries.
(5)
On-premises directional signs that bear no advertising.
(7)
Signs less than one square foot in area.
(8)
Temporary retailers' signs displayed inside the premises or
in windows for the purpose of informing the public of a "sale" or
temporary offer.
(9)
Grand opening and special events signs and banners may be allowed,
subject to Zoning Administrator approval as to size, location, length
of use and appearance.
A.
Purpose.
(1)
The purpose of this section is to provide regulations that govern
the procedure and requirements for the review and approval, or denial,
of proposed temporary uses.
(2)
Temporary uses are those uses that have the potential to create
undesirable impacts on nearby properties if allowed to develop simply
under the general requirements of this chapter. In addition to such
potential, temporary uses also have the potential to create undesirable
impacts on nearby properties that potentially cannot be determined
except on a case-by-case basis. In order to prevent this from occurring,
all temporary uses are required to meet certain procedural requirements
applicable only to temporary uses, in addition to the general requirements
of this chapter and the requirements of the zoning district in which
the subject property is located.
B.
Regulations applicable to all temporary uses. No public hearing is required to develop a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of this article must be made at time of site plan application. Furthermore, no building permit shall be issued for any development that does not comply with all requirements of § 660-188, Certificate of occupancy. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
C.
Application requirements. All applications for proposed temporary
uses shall be approved as complete by the Zoning Administrator prior
to certification of the proposed temporary use. Said complete application
shall be comprised of all of the following:
(1)
A map of the subject property showing all lands for which the
temporary use is proposed, and all other lands within 200 feet of
the boundaries of the subject property. Said map shall clearly indicate
the current zoning of the subject property and its environs, and the
jurisdiction(s) which maintains that control. Said map and all its
parts and attachments shall be submitted in a form which is clearly
reproducible with a photocopier, and shall be at a reasonable scale.
All lot dimensions of the subject property, a graphic scale, and a
North arrow shall be provided;
(2)
A map, such as the Land Use Plan or Zoning Map, of the generalized
location of the subject property in relation to the City as a whole;
and
(3)
A written description of the proposed temporary use describing
the type of activities, buildings, and structures proposed for the
subject property and their general locations.
D.
Approval by the Zoning Enforcement Officer. Approval of a temporary use shall be by the Zoning Enforcement Officer following review of said complete application per Subsection C above.
E.
Fee. A fee is required for this procedure.
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed conditional uses. Conditional uses are those
uses which have the potential to create undesirable impacts on nearby
properties if allowed to develop simply under the general requirements
of this chapter. In addition to such potential, conditional uses also
have the potential to create undesirable impacts on nearby properties
which potentially cannot be determined except with a binding site
plan and on a case-by-case basis. In order to prevent this from occurring,
all conditional uses are required to meet certain procedural requirements
applicable only to conditional uses, in addition to the general requirements
of this chapter and the requirements of the zoning district in which
the subject property is located. A public hearing process is required
to review a request for a conditional use.
B.
Approval required. Uses listed as permitted by conditional use grant
may be permitted in the district in which listed upon petition for
such grant to the Plan Commission and subject to the approval of the
City Council and to such other conditions as hereinafter designated.
C.
Basis for approval. The Plan Commission and City Council shall base
their determination on general considerations as to the effect of
such grant on the health, general welfare, safety and economic prosperity
of the City and specifically of the immediate neighborhood in which
such use would be located, including such considerations as the effect
on the established character and quality of the area, its physical
attractiveness, the movement of traffic, the demand for related services,
the possible hazardous, harmful, noxious, offensive or nuisance effect
as a result of noise, dust, smoke or odor and such other factors as
would be appropriate to carrying out the intent of conditional use
grants. No conditional use permit shall be recommended or granted
pursuant to this chapter unless the petitioner shall establish the
following:
(1)
Zoning Code and Comprehensive Plan purposes and intent. The
proposed use and development will be in harmony with the general and
specific purposes for which this chapter was enacted and for which
the regulations of the zoning district in question were established
and with the general purpose and intent of the City of Lake Mills
Comprehensive Plan or elements thereof.
(2)
Adverse impact. The proposed use and development will not have
a substantial or undue adverse or detrimental effect upon or endanger
adjacent property, the character of the area, or the public health,
safety, morals, comfort, and general welfare and not substantially
diminish and impair property values within the community or neighborhood
and:
(a)
Interference with surrounding development. The proposed use
and development will be constructed, arranged, and operated so as
not to unreasonably interfere with the use and development of neighboring
property according to the applicable zoning district regulations.
(b)
Adequate public facilities. The proposed use and development
will be served adequately by essential public facilities and services
such as streets, public utilities including public water supply system
and sanitary sewer, police and fire protection, refuse disposal, public
parks, libraries, schools, and other public facilities and utilities
or the petitioner will provide adequately for such facilities.
(3)
Traffic congestion. The proposed use and development will not
cause undue traffic congestion nor draw significant amounts of traffic
through residential streets. Adequate measures will be taken to provide
ingress and egress so designed as to minimize traffic congestion in
the public streets.
(4)
Destruction of significant features. The proposed use and development
will not result in the destruction, loss, or damage of any natural,
scenic, or historic feature of significant importance.
D.
Procedure.
(2)
Petition. A request for conditional use grant shall be submitted
in writing to the City Clerk who shall promptly refer such petition
to the Plan Commission and City Council for determination. Such petition
shall be accompanied by appropriate data and information necessary
for proper evaluation of the request, including specifically the following:
(a)
An accurate map of the property including indication of general
terrain and topographical characteristics, the location of all significant
terra in features such as streams, ponds, tree growths, etc., and
the location of all existing structures.
(b)
An accurate and complete written description of the use for
which a conditional use is being requested including pertinent statistics
and operational characteristics.
(c)
Plans and other drawings showing proposed development of the
site and buildings including landscape plans, location of parking
and service areas, driveways, exterior lighting, type of building
material, etc.
(3)
Review by City staff. The proposed conditional use shall be
reviewed by City staff in the following steps:
(a)
The Zoning Administrator shall review the submittal in order
to ensure that all required portions of the submittal are provided.
(b)
Upon the receipt and acknowledgement of a complete submittal, City staff shall undertake a review of the submittal which shall evaluate and comment on the written justification for the proposed conditional use provided in the submittal per Subsection C, Basis for approval, above. Furthermore, said review shall evaluate the submittal based on the following questions:
[1]
How is the proposed conditional use (the use in general) in
harmony with the purposes, goals, objectives, policies and standards
of the City of Lake Mills Comprehensive Plan, or any other plan or
program, adopted by the City?
[2]
How is the proposed conditional use (in its specific location)
in harmony with the purposes, goals, objectives, policies and standards
of the City of Lake Mills Comprehensive Plan, or any other plan or
program, adopted by the City?
[3]
Does the proposed conditional use, in its proposed location
and as depicted on the site plan, result in a substantial or undue
adverse impact on adjacent property, the character of the neighborhood,
environmental factors, traffic factors, parking, public improvements,
public property or rights-of-way, or other matters affecting the public
health, safety, or general welfare, either as they now exist or as
they may in the future be developed as a result of the implementation
of the provisions and policies of this article, the Comprehensive
Plan, or other plan, program, map, or ordinance adopted?
[4]
Does the proposed conditional use maintain the desired consistency
of land uses, land use intensities, and land use impacts as related
to the environs of the property?
[5]
Is the proposed conditional use located in an area that will
be adequately served by, and will not impose an undue burden on, any
of the improvements, facilities, utilities or services provided by
public agencies serving the property?
[6]
Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use (as identified in Subsection D(3)(b)[1] through [5], above), after taking into consideration any proposal by the petitioner and any requirements recommended by the petitioner to alleviate such impacts?
(c)
A staff report shall be forwarded to the Plan Commission for
review and use in the development of a recommendation to City Council.
(4)
Review by Plan Commission. City Council shall not approve a
conditional use without allowing for a recommendation from the Plan
Commission per the provisions of this subsection.
(a)
Within 45 days after the receipt of the complete petition as determined by the Zoning Administrator, the Plan Commission shall hold a public hearing pursuant to § 660-209, Public hearings, of this chapter.
(b)
Within 60 days after the receipt of the complete petition as determined by the Zoning Administrator (or within an extension of said period requested in writing by the petitioner and granted by the Plan Commission), the Plan Commission shall provide a written report, minutes, or motion to the City Council stating its findings regarding Subsection D(3), above, and its recommendation regarding the petition as a whole. The report, minutes, or motion shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(c) above.
(c)
If the Plan Commission fails to make a report within 60 days after the receipt of said complete petition (and in the absence of a petitioner-approved extension per Subsection D(4)(b) above), then the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of City Council. If such a public hearing is necessary, the City Council shall provide notice per the requirements of § 660-209, Public hearings. [State Law Reference: § 62.23(7)(d)2.]
(5)
Review and action by City Council. City Council shall consider
the recommendation of the Plan Commission regarding the proposed conditional
use. The Council may request further information and/or additional
reports from the Plan Commission, City staff, and/or the petitioner.
The Council may take final action on said conditional use at time
of its initial meeting, or said proceedings may be continued from
time to time for further consideration. City Council may approve the
conditional use as originally proposed, may approve the proposed conditional
use with modifications (per the recommendations of City staff, the
Plan Commission, or City Council itself), or may deny the proposed
conditional use. If the City Council wishes to make significant changes
in the proposed conditional use, as recommended by the Plan Commission,
then the procedure set forth in § 66.23(7)(d) of the Wisconsin
Statutes shall be followed prior to Council action. Any action to
amend the provisions of this section requires a majority vote of the
Council. Approval of the proposed conditional use shall be considered
the approval of a unique request and shall not be construed as precedent
for any other proposed conditional use.
(6)
Mapping and recording. When a conditional use is approved, the
building site and operation plan and occupancy and zoning use permits
shall be applicable solely to the structures, use, and property so
described. The City Clerk shall be responsible for recording the approved
conditional use permit. Indication of such approval shall also be
made on the Zoning Map by appropriate code number or symbol.
E.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change in factors found valid by the Zoning Administrator.
F.
Compliance with standards. The conditional use shall, in all other
respects, conform to the applicable regulations of the district in
which it is located, except as such regulations may, in each instance,
be modified by the City Council pursuant to the recommendations of
the Plan Commission. The proposed use and development shall comply
with all additional standards imposed on it by the particular provision
of this section and the Code authorizing such use.
G.
Special standards for specific conditional uses. When the zoning district regulations authorize a conditional use in a particular zoning district and that conditional use is indicated as having special standards as set forth in Article IV of this chapter, a conditional use permit for such use in such zoning district shall not be recommended or granted unless the petitioner shall establish compliance with all such specific standards.
H.
Considerations. In determining whether the petitioner's evidence
establishes that the foregoing standards have been met, the Plan Commission
and the City Council shall consider the following:
(1)
Alternative locations. Whether and to what extent such public
goals can be met by the location of the proposed use and development
at another site or in another area that may be more appropriate than
the proposed site.
(2)
Mitigation of adverse impacts. Whether and to what extent all
steps possible have been taken to minimize any adverse effects of
the proposed use and development on the immediate vicinity through
building design, site design, landscaping, and screening.
I.
Conditions on conditional use permits. The Plan Commission may recommend
and the City Council may impose such conditions and limitations concerning
use, construction, character, location, landscaping, maintenance,
screening, operation, hours of operation (except as may be allowed
by other federal, state, or county requirements), need for a developer's
agreement, and other matters relating to the purposes and objectives
of this chapter upon the premises benefited by the issuance of a conditional
use permit as may be necessary or appropriate to prevent or minimize
adverse effects upon other property and improvements near the subject
property, upon such public facilities and services, protection of
the public interest, and to secure compliance with the standards and
requirements specified in this chapter. Such conditions shall be expressly
set forth in the resolution granting the conditional use permit, and
the City Council may require the unconditional consent of the petitioner
to such conditions. Violation of any such condition of limitation
shall be a violation of this chapter and shall constitute grounds
for revocation of the conditional use permit.
J.
Costs. The costs of all professional, expert, technical consultant
services retained by the City and rendered in review of a conditional
use permit, administration of a conditional use permit, checking and/or
inspections relating to a conditional use permit, including, but not
limited to, consulting professional engineers, consulting planners,
City Attorney, or other professional, expert, or technical services,
shall be borne by the petitioner for a conditional use permit and
shall be considered as a part of the application fees for a conditional
use permit.
K.
Affidavit of compliance with conditions. In all cases in which conditional
uses are granted, the City Council shall require such evidence and
guarantees as it may deem necessary as proof that the conditions stipulated
in connection therewith are being, and will be, complied with. Whenever
any conditional use permit granted pursuant to this chapter is made
subject to conditions or limitations to be met by the petitioner,
the petitioner shall, upon meeting such conditions, file an affidavit
with the Zoning Administrator so stating.
L.
Effect of issuance of a conditional use permit. The grant of a conditional
use permit shall not authorize the establishment or extension of any
such use nor the development, construction, reconstruction, alteration,
or moving of any building or structure, but shall merely authorize
the preparation, filing, and processing of applications for any other
permits or approvals that may be required by the ordinances and codes
of the City of Lake Mills, including but not limited to building permit,
zoning permit, occupancy permit, land division approval, site plan
approval, or other type of permit or approval.
M.
Limitations on conditional use permits.
(1)
Time limitations. Subject to an extension of time granted by
the City Council, upon recommendation of the Plan Commission, no conditional
use permit shall be valid for a period longer than 12 months unless
a building permit and/or occupancy permit is issued and construction
is actually begun within that period and is thereafter diligently
pursued to completion or unless a zoning permit is issued and a use
commenced within that period.
(2)
Use discontinuance. A conditional use permit shall be deemed
to authorize only the particular use for which it was issued. Such
permits shall automatically expire and cease to be of any force or
effect if such use shall be discontinued for 12 consecutive months
or more; provided, however, that if such use is discontinued due to
labor strikes, war, natural disasters, or other similar cause(s) beyond
the reasonable control of the holder of the conditional use permit,
such twelve-month period shall be extended for a period of time equal
to the period that the holder of the conditional use permit is, for
such reason, prevented from engaging in the particular use for which
the conditional use permit was issued.
(3)
Conditional use permit runs with land and not the petitioner.
Unless otherwise provided in the resolution granting a conditional
use permit, a conditional use permit shall be deemed to relate to,
and to be for the benefit of, the use and lot in question rather than
the petitioner, owner, or operator of such use or lot.
(4)
Additions and enlargements to conditional uses.
(a)
Any additions or enlargements of an existing legal conditional
use for which a conditional use permit has been issued may be amended,
varied, or altered only pursuant to the procedures and subject to
the standards and limitations provided in this chapter for its original
approval.
(5)
Amendments to conditional use permits. A conditional use permit
may be amended, varied, or altered only pursuant to the procedures
and subject to the standards and limitations provided in this chapter
for its original approval.
N.
Existing conditional uses.
(1)
Application to existing uses.
(a)
A use which existed lawfully on a lot at the time said lot was
placed in a district where such use would be permitted only as a conditional
use grant shall automatically be granted conditional use status.
(b)
The grant of a conditional use in such case shall be based upon
the existing conditions at that time, and any expansion or change
in use shall require changing of the conditional use grant.
(c)
Petition may be made at any time for expansion or other change
of the conditional use grant, and such petition shall not prejudice
the existing grant as herein authorized.
(d)
Conditional use status granted under previous zoning regulations
shall be considered in effect under this chapter subject to the conditions
established by the original grant. Any expansion or other change,
however, shall be subject to the provisions of this chapter.
(2)
Review of existing conditional use permits. An existing conditional
use permit may be reviewed by the City as follows.
(a)
The Plan Commission may review a conditional use permit if any
of the following determinations are made by the Plan Commission:
[1]
The conditional use has not continued in conformity with the
City's conditions of approval of the conditional use permit or with
any subsequent amendments to the conditional use permit.
[2]
Violations of other statutes, ordinances, or laws.
[3]
A change in the character of the surrounding area or in the
conditional use itself which has caused the conditional use to become
incompatible with the surrounding uses.
[4]
A change in ownership or tenant; a change in the use or occupancy
of property. This can involve the review of existing site/building
conditions with a determination by the Plan Commission of where nonconforming
elements are to be brought into compliance.
(b)
The determination for the review of a conditional use permit
shall be made by the Plan Commission after due notice to the property
owner, occupant, or agent as indicated on the conditional use permit,
as to the reasons for the review.
(c)
Upon review of the conditional use permit, the Plan Commission
may recommend to the City Council that no action be taken, recommend
revisions to the conditional use permit or additional conditions be
added to the conditional use permit or may recommend that the City
Council proceed with a public hearing for possible termination of
the conditional use permit.
(d)
Termination. Where a permitted conditional use does not continue
in conformity with the conditions of the original approval, or where
a change in the character of the surrounding area or of the use itself
causes it to be no longer compatible with surrounding areas, or for
similar cause based upon consideration for the public welfare, the
conditional use grant may be terminated by action of the City Council
following referral to the Plan Commission for recommendation and public
hearing thereon. Such use shall thereafter be classified as a legal
nonconforming use, except that where the action is due to failure
to comply with the conditions of the conditional use grant, the City
Council may require complete termination of such use.
(3)
Subsequent change or addition to the approved plans or use shall first be submitted for approval to the Zoning Administrator. If in the opinion of the Zoning Administrator such change or addition constitutes a substantial alteration based on the standards set forth, a public hearing before the Plan Commission shall be required and notice thereof be given pursuant to § 660-209, Public hearings, of this chapter.
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed amendments to provisions of this chapter while
promoting the public health, safety, morals, comfort, and general
welfare, conserving the value of property throughout the City, and
lessening or avoiding congestion in the public streets and highways.
The City Council may, from time to time, in the manner hereinafter
set forth, amend the regulations imposed by this chapter, provided
that in all amendatory ordinances adopted under the authority of this
section due allowance shall be made for existing conditions, the conservation
of property values, the direction of building development to the best
advantages of the entire City, and the uses to which property is devoted
at the time of the adoption of such amendatory ordinance.
B.
Initiation of request for amendment of Chapter 660, Zoning Regulations. Proceedings for amendment of this chapter may be initiated by any one of the following methods:
C.
Application requirements. All applications for proposed amendments to this chapter, regardless of the party of their initiation per Subsection B above, shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The submittal of an application to the City Clerk to initiate this procedure shall not occur until the Zoning Administrator has certified acceptance of the complete application to the City Clerk. No placement of the application on any agenda for action shall occur without certification. The item may be placed on any agenda as a discussion-only item, with the permission of the Zoning Administrator or the Plan Commission Chair, without an application. Prior to the submittal of the Official Notice regarding the application to the newspaper by the City Clerk, the petitioner shall provide the City Clerk with the requisite number of copies of the complete application as certified by the Zoning Administrator. Said complete application shall be comprised of all of the following:
(1)
A copy of the portion of the current provisions of this chapter
which are proposed to be amended, with said provisions clearly indicated
in a manner which is clearly reproducible with a photocopier;
(2)
A copy of the text which is proposed to replace the current
text; and
(3)
As an optional requirement, the petitioner may wish to provide written justification for the proposed text amendment, consisting of the reasons why the petitioner believes the proposed text amendment is in harmony with the recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3).
D.
Review by the Zoning Administrator and City departments. The proposed
text amendment shall be reviewed by the Zoning Administrator, the
City Planner, the City Engineer, pertinent City departments, including
Police, Fire, and Public Works, as follows:
(1)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this chapter, he shall return
the application to the petitioner. If the Zoning Administrator determines
that the application is complete, he shall so notify petitioner.
(2)
Upon notifying the petitioner that his application is complete the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed text amendment provided in the application per Subsection C.
(3)
The Zoning Administrator may also evaluate the application to
determine whether the proposed text amendment is in harmony with the
recommendations of the Comprehensive Plan, particularly as evidenced
by compliance with the standards below:
(b)
The proposed text amendment furthers the purposes of the chapter
in which the amendment is proposed to be located.
(c)
The proposed text amendment furthers the purposes of the specific
section in which the amendment is proposed to be located.
(d)
The following factors have arisen that are not properly addressed
in the current zoning text:
[1]
The provisions of this chapter should be brought into conformity
with the Comprehensive Plan. (If a factor related to the proposed
amendment, note pertinent portions of the Comprehensive Plan.);
[2]
A change has occurred in the land market, or other factors have
arisen which require a new form of development, a new type of land
use, or a new procedure to meet said change(s);
[3]
New methods of development or providing infrastructure make
it necessary to alter this chapter to meet these new factors; or
[4]
Changing governmental finances require amending this chapter
in order to meet the needs of the government in terms of providing
and affording public services.
(4)
The Zoning Administrator shall forward the report per Subsection D(2), and if it has been prepared, the report per Subsection D(3) to the Plan Commission for the Commission's review and use in making its recommendation to the City Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and recommendation by the Plan Commission. The City Council
shall not make an amendment to this chapter without allowing for a
recommendation from the Plan Commission per the provisions of this
subsection.
(1)
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application after the acceptance and determination of the complete application as determined by the Zoning Administrator. The petitioner may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 660-209 of this chapter. Said notice shall contain a description of the proposed text change. A record of such proceedings shall be preserved in such manner as the Plan Commission shall, by rule, prescribe from time to time.
(2)
After the public hearing (or within an extension of said period requested in writing by the petitioner and granted by the Plan Commission), the Plan Commission may make a written report to the City Council and/or shall state in its motion or the minutes its findings regarding Subsection E(1) above and its recommendations regarding the application as a whole. The report, motion, and/or minutes shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3) above.
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of a petitioner-approved extension per Subsection E(2) above] then the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive the written report from the Plan Commission per Subsection E(1) above shall not invalidate the proceedings or actions of the City Council. If such a public hearing is necessary, the City Council shall provide notice per the requirements of Subsection E(1).
(4)
If the Plan Commission recommends approval of an application, it shall state in its motion, minutes, or final written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3), after taking into consideration the proposal by the petitioner.
F.
Review and action by the City Council.
(1)
The City Council shall not act upon a proposed amendment to
this chapter until it shall have received a written report and recommendation
from the Plan Commission of the proposed amendment, except that if
the City Council has not received such written report within 60 days
of the submission of the proposed amendments, it may nevertheless
act upon such proposed amendments. The Council may request further
information and/or additional reports from the Plan Commission, Zoning
Administrator, and/or the petitioner. The Council may take final action
on the application at the time of its initial meeting, or may continue
the proceedings, at the Council's or the petitioner's request. The
City Council may approve the amendment as originally proposed, may
approve the proposed amendment with modifications (per the recommendations
of the Zoning Administrator, the Plan Commission, authorized outside
experts, or its own members), or may deny approval of the proposed
amendment. If an application for a proposed amendment is not acted
upon finally by the City Council within 90 days of the date upon which
such application is received by the City Council, it shall be deemed
to have been denied.
(2)
In case of protest against such change duly signed and acknowledged
by the owners of 20% or more either of the areas of land included
in such proposed amendment, supplement or change, or by the owners
of 20% or more of the area of the land within 100 feet therefrom or
by the owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such amendment, supplement or change shall not become effective except
by the favorable vote of 3/4 of the members of the City Council.
G.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change of factors found valid by the Zoning Administrator.
H.
Fee. A fee is required for this procedure.
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed amendments to provisions of the Official Zoning
Map. The City shall publish a map clearly showing the existing zoning
uses, divisions, restrictions, regulations and classifications of
the City of Lake Mills for the preceding calendar year.
B.
Initiation of request for amendment to Official Zoning Map. Proceedings
for amendment of the Official Zoning Map may be initiated by any one
of the following methods:
C.
Application requirements. All applications for proposed amendments
to the Official Zoning Map, regardless of the party of their initiation,
shall be filed in the office of the Zoning Administrator, and shall
be approved as complete by the Zoning Administrator prior to the formal
initiation of this procedure. The submittal of an application to the
City Clerk to initiate this procedure shall not occur until the Zoning
Administrator has certified acceptance of the complete application.
No placement of the application on any agenda for action shall occur
without certification. The item may be placed on any agenda as a discussion-only
item, by the Zoning Administrator or Plan Commission Chair, without
an application. Prior to the submittal of the official notice regarding
the application to the newspaper by the City Clerk, the petitioner
shall provide the City Clerk with the requisite number of copies of
the complete application. Said application shall be comprised of the
following:
(1)
A map of the subject property showing all lands for which the
zoning is proposed to be amended, and all other lands within 200 feet
of the boundaries of the subject property, together with the names
and addresses of the owners of all lands on said map as they appear
on the current tax records of the City of Lake Mills. Said map shall
clearly indicate the current zoning of the subject property and its
environs, and the jurisdiction(s) which maintains that control. Said
map and all its parts and attachments shall be submitted in a form
which is clearly reproducible with a photocopier, and shall be at
a scale which is not less than one inch equals 800 feet. All lot dimensions
of the subject property, a graphic scale, and a North arrow shall
be provided;
(2)
A map, such as the Land Use Plan or Zoning Map, of the generalized
location of the subject property in relation to the City as a whole;
and
(3)
As an optional requirement, the petitioner shall provide justification for the proposed map amendment, consisting of the reasons why the petitioner believes the proposed map amendment is in harmony with recommendations of the Comprehensive Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3).
D.
Review by the Zoning Administrator. The proposed amendment to the
Official Zoning Map shall be reviewed by the Zoning Administrator
as follows:
(1)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
Zoning Administrator determines that the application is not complete
or does not fulfill the requirements of this section, he shall return
the application to the petitioner. If the Zoning Administrator determines
that the application is complete, he shall so notify the petitioner.
(2)
Upon notifying the petitioner that his application is complete, the Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application per Subsection C(3).
(3)
The Zoning Administrator may also evaluate the application to
determine whether the proposed Zoning Map amendment is in harmony
with the recommendations of the Comprehensive Plan, particularly as
evidenced by compliance with the standards below:
(a)
The proposed Official Zoning Map amendment furthers the purposes of this chapter as outlined in § 660-3 and the applicable rules and regulations of the WDNR and FEMA.
(b)
The following factors have arisen that are not properly addressed
on the current Official Zoning Map:
[1]
The destinations of the Official Zoning Map should be brought
into conformity with the Comprehensive Plan;
[2]
A mistake was made in mapping on the Official Zoning Map;
[3]
Factors have changed (such as the availability of new data,
the presence of new roads or other infrastructure, additional development,
annexation, or other zoning changes) making the subject property more
appropriate for a different zoning district; or
[4]
Growth patterns or rates have changed, thereby creating the
need for an amendment to the Official Zoning Map.
(c)
The proposed amendment to the Official Zoning Map maintains
the desired consistency of land uses, land use intensities, and land
use impacts as related to the environs of the subject property.
(4)
The Zoning Administrator shall forward the report per Subsection D(2), and if it has been prepared, the report per Subsection D(3), to the Plan Commission for the Commission's review and use in the making its recommendation to the City Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Zoning Administrator shall note this determination in the report.
E.
Review and recommendation by the Plan Commission. The City Council
shall not make an amendment to the Official Zoning Map without allowing
for a recommendation from the Plan Commission per the provisions of
this subsection.
(1)
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days of the acceptance and determination of the complete application as determined by the Zoning Administrator. The petitioner may appear in person, by agent, and/or by attorney. Notice of the proposed amendment and the public hearing shall conform to the requirements of § 660-209 of this chapter.
(2)
Within 60 days after the public hearing (or within an extension of said period requested in writing by the petitioner and granted by the Plan Commission), the Plan Commission shall make a written report to the City Council stating its findings regarding Subsection D above and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3).
(3)
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of a petitioner-approved extension per Subsection E(2)], then the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection E(2) shall not invalidate the proceedings or actions of the City Council. If such a public hearing is necessary, the City Council shall provide notice per the requirements of Subsection E(1).
(4)
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3), after taking into consideration the proposal by the petitioner.
F.
Review and action by the City Council.
(1)
The City Council shall consider the Plan Commission's recommendation
regarding the proposed amendment to the Official Zoning Map. The Council
may request further information and/or additional reports from the
Plan Commission, the Zoning Administrator, and/or the petitioner.
The Council may take final action on the application to the Official
Zoning Map at the time of its initial meeting, or may continue the
proceedings, at the Council's, or the petitioner's request. The City
Council may approve the amendment as originally proposed, may approve
the proposed amendment with modifications (per the recommendations
of the Zoning Administrator, the Plan Commission, authorized outside
experts, or its own members) or may deny approval of the proposed
amendment. Any action to amend the Official Zoning Map requires a
2/3 vote of the Council.
(2)
In case of protest against such change duly signed and acknowledged
by the owners of 20% or more either of the areas of land included
in such proposed amendment, supplement or change, or by the owners
of 20% or more of the area of the land within 100 feet therefrom or
by the owners of 20% or more of the land directly opposite thereto
extending 100 feet from the street frontage of such opposite land,
such amendment, supplement or change shall not become effective except
by the favorable vote of 3/4 of the members of the City Council.
G.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change of factors found valid by the Zoning Administrator.
H.
Fee. A fee is required for this procedure.
A.
Purpose. Official ordinance amendments are required for any change
to a shoreland-wetland zoning regulation. Such amendments shall be
made upon petition in accordance with the provisions of § 62.23,
Wis. Stats.
D.
Review criteria. In order to ensure that the shoreland protection
objectives found in § 281.31, Wis. Stats., will be accomplished
by the shoreland-wetland zoning regulations, the City shall not rezone
a shoreland-wetland zoning district, or portion thereof, if the proposed
rezoning may result in a significant adverse impact upon the following:
(1)
Stormwater and floodwater storage capacity;
(2)
Maintenance of dry season flow or the discharge of groundwater
to a wetland, the recharge of groundwater from a wetland to another
area or the flow of groundwater through a wetland;
(3)
Filtering or storage of sediments, nutrients, heavy metals or
organic compounds that would otherwise drain into navigable waters;
(4)
Shoreline protection against soil erosion;
(5)
Wildlife habitat; or
(6)
Areas of special recreational, scenic or scientific interests,
including scarce wetland types.
E.
Review by Zoning Enforcement Officer. The proposed amendment to a Shoreland-Wetland Zoning District shall be reviewed by the Zoning Enforcement Officer as outlined in § 660-196D.
F.
Review by the Department of Natural Resources.
(1)
The City Clerk shall submit a copy of every petition for an
amendment to shoreland-wetland zoning regulations to the appropriate
district office of the Department of Natural Resources within five
days of the filing of such petition with the Clerk.
(2)
The appropriate district office of the Department of Natural
Resources shall be provided with written notice of the public hearing
at least 10 days prior to such hearing.
(3)
If the Department determines that the proposed rezoning may
have a significant adverse impact upon any of the criteria listed
in § NR 117.05(4)(d), the Department shall notify the City
Plan Commission of its determination either prior to or during the
public hearing held on the proposed amendment.
G.
Review and recommendation by Plan Commission.
(1)
All proposed text and map amendments to Shoreland-Wetland Zoning
Ordinance shall be referred to the City Plan Commission for a public
notice and hearing as required by § 62.23, Wis. Stats.
(2)
Review and recommendation by the Plan Commission shall be in accordance with the provisions outlined in § 660-196E.
(3)
As soon as possible after holding a public hearing, the City
Plan Commission shall submit its written findings and recommendations
to the City Council. Said findings shall outline the reasons for the
Commission's recommendations.
H.
Review and action by the City Council.
(1)
After the receipt of the City Plan Commission's findings and
recommendations, the City Council may approve or disapprove of the
proposed amendments.
(2)
If the City Council approves of the proposed amendment and the
Department determines, after review as required by § NR
117.06(2)(b), that the City shoreland-wetland zoning regulations if
so amended will no longer comply with requirements of § 61.351
or 62.231, Wis. Stats., the Department shall, after notice and hearing,
adopt a complying ordinance for the City under § 61.351(6)
or 62.231(6), Wis. Stats. The appropriate district office of the Department
shall be provided with:
(3)
If the Department has notified the City Plan Commission that a proposed amendment may have a significant adverse impact upon any of the criteria listed in Subsection D above, that proposed amendment, if approved by the City Council, shall not become effective until more than 30 days have elapsed since written notice of the City Council approval was mailed to the Department, as required by Subsection H(2) above. If within the thirty-day period, the Department notifies the City Council that the Department intends to adopt a superseding shoreland-wetland zoning ordinance of the City under § 61.351(6) or 62.231(6), Wis. Stats., the proposed amendment shall not become effective while the ordinance adoption procedure is proceeding, but shall have its effect stayed until § 61.351(6) or 62.231(6), Wis. Stats., procedure is completed or otherwise terminated.
I.
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 12 months from the
date of said order of denial, except on grounds of new evidence or
proof of change of factors found valid by the Zoning Enforcement Officer.
J.
Fee. A fee is required for this procedure.
A.
Administration. The Zoning Enforcement Officer, Plan Commission,
and Zoning Board of Appeals adopted under § 62.23(7), Wis.
Stats, shall administer the Floodplain Ordinance.
(1)
Zoning Enforcement Officer. The Zoning Enforcement Officer is
authorized to administer this Zoning Ordinance and shall have the
following duties and powers:
(a)
Advise petitioners of the ordinance provisions, assist in preparing
permit applications and appeals, and assure that the regional flood
elevation (RFE) for the proposed development is shown on all permit
applications.
(b)
Issue permits and inspect properties for compliance with provisions
of this Zoning Ordinance, and issue certificates of compliance where
appropriate.
(c)
Inspect and assess all damaged floodplain structures to determine
if substantial damage to the structures has occurred.
(d)
Keep records of all official actions such as:
[1]
All permits issued, inspections made, and work approved.
[2]
Documentation of certified lowest floor and regional flood elevations.
[3]
Floodproofing certificates.
[4]
Water surface profiles, Floodplain Zoning Maps and ordinances,
nonconforming uses and structures including changes, appeals, variances
and amendments.
[5]
All substantial damage assessment reports for floodplain structures.
[6]
List of nonconforming structures and uses.
(e)
Submit copies of the following items to the WDNR Regional office:
[1]
Within 10 days of the decision, a copy of any decisions on variances,
appeals for map or text interpretations, and map or text amendments.
[2]
Copies of case-by-case analyses and other required information,
including an annual summary of floodplain zoning actions taken.
[3]
Copies of substantial damage assessments performed and all related
correspondence concerning the assessments.
(f)
Investigate, prepare reports, and report violations of this
Zoning Ordinance to the Plan Commission and attorney for prosecution.
Copies of the reports shall also be sent to the DNR Regional Office.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(g)
Submit copies of text and map amendments and biennial reports
to the FEMA Regional Office.
(2)
Plan Commission. The Plan Commission shall review and advise
the City Council on all proposed amendments to this Zoning Ordinance,
maps and text. The Plan Commission shall not grant variances to the
terms of the chapter in place of action by the Zoning Board of Appeals,
amend the text or Zoning Maps in place of official action by the Council.
(3)
Zoning Board of Appeals. The Zoning Board of Appeals is hereby
authorized or shall be appointed to act for the purposes of this Zoning
Ordinance. The Board shall exercise the powers conferred by Wisconsin
Statutes and adopt rules for the conduct of business.
(a)
Powers and duties. The Zoning Board of Appeals shall:
[1]
Appeals. Hear and decide appeals where it is alleged there is
an error in any order, requirement, decision or determination made
by an administrative official in the enforcement or administration
of this Zoning Ordinance.
[2]
Boundary disputes. Hear and decide disputes concerning the district
boundaries shown on the official floodplain Zoning Map.
[3]
Variances. Hear and decide, upon appeal, variances from the
ordinance standards.
(b)
Appeals. Appeals to the Board shall be in accordance with the provisions outlined in § 660-176 of this chapter.
[2]
For appeals concerning increases in regional flood elevation
(RFE), the Board shall:
[a]
Uphold the denial where the Board agrees with the
data showing an increase in flood elevation. Increases equal to or
greater than 0.01 foot may only be allowed after amending the flood
profile and map and all appropriate legal arrangements are made with
all adversely affected property owners.
[b]
Grant the appeal where the Board agrees that the
data properly demonstrates that the project does not cause an increase
equal to or greater than 0.01 foot, provided no other reasons for
denial exist.
(c)
Required information. The Zoning Board of Appeals shall review
all data related to the appeal. This may include:
[3]
Data listed in § 660-131C(1)(b) where the petitioner has not submitted this information to the Zoning Enforcement Officer.
[4]
Other data submitted with the application, or submitted to the
Board with the appeal.
(f)
Decision. The final decision regarding the appeal or variance
application shall:
[1]
Be made within a reasonable time.
[2]
Be sent to the Department Regional Office within 10 days of
the decision.
[3]
Be a written determination signed by the Chairman or secretary
of the Board.
[4]
State the specific facts which are the basis for the Board's
decision.
[5]
Either affirm, reverse, vary or modify the order, requirement,
decision or determination appealed, in whole or in part, dismiss the
appeal for lack of jurisdiction or grant or deny the variance application.
[6]
Include the reasons for granting an appeal, describing the hardship
demonstrated by the applicant in the case of a variance, clearly stated
in the recorded minutes of the Board proceedings.
B.
Required permit. A permit shall be obtained before any new development
or any structural repair or change in the use of a building or structure,
including sewer and water facilities, may be initiated. Application
to the Zoning Enforcement Officer shall include:
(1)
Zoning permit information as outlined in § 660-187 of this chapter. The following additional information shall be illustrated on the site plan as required under § 660-206D of this chapter:
(a)
Location, dimensions, area and elevation of the lot.
(b)
Location of the ordinary high-water mark of any abutting navigable
waterways.
(c)
Location of any structures with distances measured from the
lot lines and street center lines.
(d)
Location of any existing or proposed on-site sewage systems
or private water supply systems.
(e)
Location and elevation of existing or future access roads.
(f)
Location of floodplain and floodway limits as determined from
the official Floodplain Zoning Maps.
(g)
The elevation of the lowest floor of proposed buildings and
any fill using the vertical datum from the adopted study, either National
Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD).
(i)
Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to § 660-130B(1). This may include any of the information noted in § 660-131C(1).
(2)
Hydraulic and hydrologic studies to analyze development. All
hydraulic and hydrologic studies shall be completed under the direct
supervision of a professional engineer registered in Wisconsin. The
study contractor shall be responsible for the technical adequacy of
the study. All studies shall be reviewed and approved by the WDNR.
(a)
Zone A floodplains:
[1]
Hydrology. The appropriate method shall be based on the standards
in § NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis:
Determination of Regional Flood Discharge.
[2]
Hydraulic modeling. The regional flood elevation shall be based
on the standards in § NR 116.07(4), Wis. Adm. Code, Hydraulic
Analysis: Determination of Regional Flood Elevation, and the following:
[a]
Determination of the required limits of the hydraulic
model shall be based on detailed study information for downstream
structures (dam, bridge, culvert) to determine adequate starting WSEL
for the study.
[b]
Channel sections must be surveyed.
[c]
Minimum four-foot contour data in the overbanks
shall be used for the development of cross-section overbank and floodplain
mapping.
[d]
A maximum distance of 500 feet between cross sections
is allowed in developed areas with additional intermediate cross sections
required at transitions in channel bottom slope including a survey
of the channel at each location.
[e]
The most current version of HEC-RAS shall be used.
[f]
A survey of bridge and culvert openings and the
top of road is required at each structure.
[g]
Additional cross sections are required at the downstream
and upstream limits of the proposed development and any necessary
intermediate locations based on the length of the reach if greater
than 500 feet.
[h]
Standard accepted engineering practices shall be
used when assigning parameters for the base model such as flow, Manning's
N values, expansion and contraction coefficients or effective flow
limits. The base model shall be calibrated to past flooding data such
as high-water marks to determine the reasonableness of the model results.
If no historical data is available, adequate justification shall be
provided for any parameters outside standard accepted engineering
practices.
[i]
The model must extend past the upstream limit of
the difference in the existing and proposed flood profiles in order
to provide a tie-in to existing studies. The height difference between
the proposed flood profile and the existing study profiles shall be
no more than 0.00 feet.
[3]
Mapping. A work map of the reach studied shall be provided,
showing all cross section locations, floodway/floodplain limits based
on best available topographic data, geographic limits of the proposed
development and whether the proposed development is located in the
floodway.
[a]
If the proposed development is located outside
of the floodway, then it is determined to have no impact on the regional
flood elevation.
[b]
If any part of the proposed development is in the
floodway, it must be added to the base model to show the difference
between existing and proposed conditions. The study must ensure that
all coefficients remain the same as in the existing model, unless
adequate justification based on standard accepted engineering practices
is provided.
(b)
Zone AE floodplains.
[1]
Hydrology. If the proposed hydrology will change the existing
study, the appropriate method to be used shall be based on § NR
116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of
Regional Flood Discharge.
[2]
Hydraulic model. The regional flood elevation shall be based
on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic
Analysis: Determination of Regional Flood Elevation and the following:
[a]
Duplicate effective model. The effective model
shall be reproduced to ensure correct transference of the model data
and to allow integration of the revised data to provide a continuous
FIS model upstream and downstream of the revised reach. If data from
the effective model is available, models shall be generated that duplicate
the FIS profiles and the elevations shown in the Floodway Data Table
in the FIS report to within 0.1 foot.
[b]
Corrected effective model. The Corrected Effective
Model shall not include any man-made physical changes since the effective
model date, but shall import the model into the most current version
of HEC-RAS for Department review.
[c]
Existing (pre-project conditions) model. The existing
model shall be required to support conclusions about the actual impacts
of the project associated with the revised (post-project) model or
to establish more up-to-date models on which to base the revised (post-project)
model.
[d]
Revised (post-project conditions) model. The revised
(post-project conditions) model shall incorporate the existing model
and any proposed changes to the topography caused by the proposed
development. This model shall reflect proposed conditions.
[e]
All changes to the duplicate effective model and
subsequent models must be supported by certified topographic information,
bridge plans, construction plans and survey notes.
[f]
Changes to the hydraulic models shall be limited
to the stream reach for which the revision is being requested. Cross-sections
upstream and downstream of the revised reach shall be identical to
those in the effective model and result in water surface elevations
and top widths computed by the revised models matching those in the
effective models upstream and downstream of the revised reach as required.
The effective model shall not be truncated.
[3]
Mapping. Maps and associated engineering data shall be submitted
to the Department for review which meet the following conditions:
[a]
Consistency between the revised hydraulic models,
the revised floodplain and floodway delineations, the revised flood
profiles, topographic work map, annotated FIRMs and/or Flood Boundary
Floodway Maps (FBFMs), construction plans, bridge plans.
[b]
Certified topographic map of suitable scale, contour
interval, and a planimetric map showing the applicable items. If a
digital version of the map is available, it may be submitted in order
that the FIRM may be more easily revised.
[c]
Annotated FIRM panel showing the revised 1% and
0.2% annual chance floodplains and floodway boundaries.
[d]
If an annotated FIRM and/or FBFM and digital mapping
data (GIS or CADD) are used, then all supporting documentation or
metadata must be included with the data submission along with the
Universal Transverse Mercator (UTM) projection and State Plane Coordinate
System in accordance with FEMA mapping specifications.
[e]
The revised floodplain boundaries shall tie into
the effective floodplain boundaries.
[f]
All cross-sections from the effective model shall
be labeled in accordance with the effective map and a cross-section
lookup table shall be included to relate to the model input-numbering
scheme.
[g]
Both the current and proposed floodways shall be
shown on the map.
[h]
The stream center line, or profile baseline used
to measure stream distances in the model shall be visible on the map.
(c)
Expiration. All permits issued under the authority of this Zoning
Ordinance shall expire no more than 180 days after issuance. The permit
may be extended for a maximum of 180 days for good and sufficient
cause.
(3)
Certificate of compliance. No land shall be occupied or used,
and no building which is hereafter constructed, altered, added to,
modified, repaired, rebuilt or replaced shall be occupied until a
certificate of compliance is issued by the Zoning Enforcement Officer,
except where no permit is required, subject to the following provisions:
(a)
The certificate of compliance shall show that the building or
premises or part thereof, and the proposed use, conform to the provisions
of this Zoning Ordinance.
(b)
Application for such certificate shall be concurrent with the
application for a permit.
(c)
If all ordinance provisions are met, the certificate of compliance
shall be issued within 10 days after written notification that the
permitted work is completed.
(d)
The petitioner shall submit a certification signed by a registered professional engineer, architect or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that floodproofing measures meet the requirements of § 660-135D.
(4)
Other permits. The petitioner must secure all necessary permits
from federal, state, and local agencies, including those required
by the United States Army Corps of Engineers under Section 404 of
the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C.
§ 1344.
C.
Public information.
D.
Amendments.
(1)
Applicability. Obstructions or increases may only be permitted if amendments are made to this Zoning Ordinance, the official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with § 660-199D(2).
(a)
In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this Zoning Ordinance, the official Floodplain Zoning Maps, floodway lines and water surface profiles, in accordance with § 660-199D(2). Any such alterations must be reviewed and approved by FEMA and the DNR.
(b)
In A Zones, increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this Zoning Ordinance, the Official Floodplain Maps, floodway lines, and water surface profiles, in accordance with Subsection D(2).
(2)
General. The City may change or supplement the floodplain zoning
district boundaries and this Zoning Ordinance in the manner provided
by law. Actions which require an amendment include, but are not limited
to, the following:
(a)
Any fill or floodway encroachment that obstructs flow causing
any increase in the regional flood height;
(b)
Any change to the floodplain boundaries and/or watercourse alterations
on the FIRM;
(c)
Any changes to any other officially adopted floodplain maps listed in § 660-130A(4);
(d)
Any floodplain fill which raises the elevation of the filled
area to a height at or above the flood protection elevation and is
contiguous to land lying outside the floodplain;
(e)
Correction of discrepancies between the water surface profiles
and floodplain maps;
(f)
Any upgrade to a floodplain zoning ordinance text required by
§ NR 116.05, Wis. Adm. Code, or otherwise required by law,
or for changes by the municipality; and
(g)
All channel relocations and changes to the maps to alter floodway
lines or to remove an area from the floodway or the flood-fringe that
is based on a base flood elevation from a FIRM requires prior approval
by FEMA.
(3)
Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of Wis. Stats. § 62.23. Ordinance and map amendments shall be made in accordance this Subsection and with §§ 660-196 and 660-197 of this chapter. Such petitions shall include all necessary data required by §§ 660-133D and 660-199B. The permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes.
(a)
The proposed amendment shall be referred to the Plan Commission
for a public hearing and recommendation to the governing body. The
amendment and notice of public hearing shall be submitted to the WDNR
Regional Office for review prior to the hearing. The amendment procedure
shall comply with the provisions of Wis. Stats. § 62.23.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
No amendments shall become effective until reviewed and approved
by the Department.
(c)
All persons petitioning for a map amendment that obstructs flow
causing any increase in the regional flood height shall obtain flooding
easements or other appropriate legal arrangements from all adversely
affected property owners and notify local units of government before
the amendment can be approved by the governing body.
E.
Floodplain enforcement and penalties. Any violation of the provisions
of this Zoning Ordinance by any person shall be unlawful and shall
be referred to the municipal attorney who shall expeditiously prosecute
all such violators. A violator shall, upon conviction, forfeit to
the municipality a penalty of not less than $30 and not more than
$50, together with a taxable cost of such action. Each day of continued
violation shall constitute a separate offense. Every violation of
this Zoning Ordinance is a public nuisance and the creation may be
enjoined and the maintenance may be abated by action at suit of the
municipality, the state, or any citizen thereof pursuant to § 87.30,
Wis. Stats.
A.
Intent. It is the intent of Article VIII that determinations necessary for administration and enforcement of performance standards set forth herein can be made with satisfactory accuracy by a reasonable person using normal senses.
(1)
The Zoning Enforcement Officer or a designee shall make such
determinations before a notice of violation is issued.
(2)
The Zoning Enforcement Officer shall give written notice, by
certified mail or other means ensuring a signed receipt for such notice,
to the person or persons responsible for the alleged violations and
to the property owners, if different from the persons responsible.
The notice shall describe the particulars of the alleged violation
and the reasons why the Zoning Enforcement Officer believes there
is a violation in fact, and shall require an answer or correction
of the alleged violation to the satisfaction of the Zoning Enforcement
Officer within 30 days.
(3)
The notice shall state, and it is hereby declared, that failure
to reply or to correct the alleged violation to the satisfaction of
the administrative official within the time limit set constitutes
a violation of the terms of this chapter.
C.
Violations and legal actions. If after investigation the Zoning Enforcement Officer finds that any provision of Article VIII is being violated, he shall give notice of such violation by hand delivery or by certified mail, return receipt requested, to the owner of such premises, demanding that such violation be abated within 30 days of the date of hand delivery or of the date of mailing of such notice. If the violation is not abated within the thirty-day period, the Zoning Administrator may institute actions and proceedings, either legal or equitable, to enjoin, restrain, or abate any violations of this section. Nothing in this subsection shall prohibit the City from instituting public nuisance procedures in accordance with this chapter, nor shall any other remedy available to the Zoning Enforcement Officer be limited under this subsection.
A.
Permit application, control plan, and permit issuance. No landowner or land user may commence a land disturbance or land development activity subject to § 660-143 and this section without receiving prior approval of a control plan for the site and a permit from the Zoning Enforcement Officer. At least one landowner or land user controlling or using the site and desiring to undertake a land-disturbing or land-developing activity subject to § 660-143 and this section shall submit an application for a permit and a control plan and pay an application fee to the Zoning Enforcement Officer. By submitting an application, the petitioner is authorizing the Zoning Enforcement Officer to enter the site to obtain information required for the review of the control plan.
B.
Content of the control plan for land-disturbing activities covering
more than one acre.
(1)
Existing site map. A map of existing site conditions at a reasonable
scale showing the site and immediately adjacent areas.
(a)
Site boundaries and adjacent lands which accurately identify
site location;
(b)
Lakes, streams, wetlands, channels, ditches and other watercourses
on and immediately adjacent to the site;
(c)
One-hundred-year floodplain, flood-fringes and floodways;
(d)
Location of the predominant soil types;
(e)
Vegetative cover;
(f)
Location and dimensions of stormwater drainage systems and natural
drainage patterns on and immediately adjacent to the site;
(g)
Locations and dimensions of utilities, structures, roads, highways,
and paving; and
(h)
Site topography at a contour interval not to exceed five feet.
(2)
Plan of final site conditions. A plan of final site conditions
on the same scale as the existing site map showing the site changes.
(3)
Site construction plan. A site construction plan including:
(a)
Locations and dimensions of all proposed land-disturbing activities;
(b)
Locations and dimensions of all temporary soil or dirt stockpiles;
(c)
Locations and dimensions of all construction site management control measures necessary to meet the requirements of § 660-143 and this section.
(d)
Schedule of anticipated starting and completion date of each land-disturbing or land-developing activity, including the installation of construction site control measures needed to meet the requirements of § 660-143 and this section; and
(e)
Provisions for maintenance of the construction site control
measures during construction.
C.
Content of control plan statement for land-disturbing activities covering less than one acre, but meeting the applicability requirements stated in § 660-143E. An erosion control plan statement (with simple map) shall be submitted to briefly describe the site and erosion controls (including the site development schedule) that will be used to meet the requirements of § 660-143 and this section.
D.
Review of control plan. Within 45 days of receipt of the application, control plan, (or control plan statement) and fee, the Zoning Enforcement Officer shall review the application and control plan to determine if the requirements of § 660-143 and this section are met. The Zoning Enforcement Officer shall approve the plan, inform the petitioner and issue a permit. If the conditions are not met, the Zoning Enforcement Officer shall inform the petitioner in writing and may either require needed information or disapprove the plan. Within 30 days of receipt of needed information, the Zoning Enforcement Officer shall again determine if the plan meets the requirements of § 660-143 and this section. If the plan is disapproved, the Zoning Enforcement Officer shall inform the petitioner in writing of the reasons for the disapproval.
E.
Permits.
(1)
Duration. Permits shall be valid for a period of 180 days, or the length of the building permit or other construction authorizations, whichever is longer, from the date of issuance. The Zoning Enforcement Officer may extend the period one or more times for up to an additional 180 days. The Zoning Enforcement Officer may require additional control measures as a condition of the extension if they are necessary to meet the requirements of § 660-143 and this section.
(2)
Surety bond. As a condition of approval and issuance of the
permit, the Zoning Enforcement Officer may require the petitioner
to deposit a surety bond or irrevocable letter of credit to guarantee
a good faith execution of the approved control plan and any permit
conditions.
(3)
Permit conditions. All permits shall require the permittee to:
(a)
Notify the Zoning Enforcement Officer within 48 hours of commencing
any land-disturbing activity;
(b)
Notify the Zoning Enforcement Officer of completion of any control
measures within 14 days after their installation;
(c)
Obtain permission in writing from the Zoning Enforcement Officer
prior to modifying the control plan;
(d)
Install all control measures as identified in the approved control
plan;
(e)
Maintain all road drainage systems, stormwater drainage systems,
control measures and other facilities identified in the control plan;
(f)
Repair any siltation or erosion damage to adjoining surfaces
and drainageways resulting from land-developing or -disturbing activities;
(g)
Inspect the construction control measures after each rain of
0.5 inch or more and at least once each week and make needed repairs;
(h)
Allow the Zoning Enforcement Officer to enter the site for the
purpose of inspecting compliance with the control plan or for performing
any work necessary to bring the site into compliance with the control
plan; and
(i)
Keep a copy of the control plan on the site.
F.
Inspection. The Zoning Enforcement Officer shall inspect construction
sites at least once a month during the period starting March 1 and
ending October 31 and at least two times during the period starting
November 1 and ending February 28 to ensure compliance with the control
plan. If land-disturbing or land development activities are being
carried out without a permit, the Zoning Enforcement Officer shall
enter the land pursuant to the provisions of § 66.0119(1),
(2), and (3), Wis. Stats.
G.
Enforcement.
(1)
The Zoning Enforcement Officer may post a stop-work order if:
(2)
If the permittee does not cease the activity or comply with
the control plan or permit conditions within 10 days, the Zoning Enforcement
Officer may revoke the permit.
(3)
If the landowner or land user where no permit has been issued
does not cease the activity within 10 days, the Zoning Enforcement
Officer may request the City Attorney to obtain a cease-and-desist
order.
(4)
The Zoning Enforcement Officer or the Zoning Board of Appeals
may retract the stop-work order or the revocation.
(5)
Ten days after posting a stop-work order, the Zoning Enforcement Officer may issue a notice of intent to the permittee or landowner or land user of the Zoning Enforcement Officer's intent to perform work necessary to comply with § 660-143 and this section. The Zoning Enforcement Officer may go to the land and commence the work after 14 days from issuing the notice of intent. The costs of the work performed by the Zoning Enforcement Officer, plus interest at the rate authorized by the City Council, shall be billed to the permittee or the landowner. In the event a permittee or landowner fails to pay the amount due, the Clerk shall enter the amount due on the tax rolls and collect as a special charge assessment against the property pursuant to Wis. Stats. § 66.0703(13).
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(6)
Any person violating any of the provisions of this section shall
be subject to a forfeiture as set by City Council and the costs of
prosecution for each violation. Each day a violation exists shall
constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Purpose. The purpose of this section is to specify the requirements
and procedures for the review and approval of site plan applications.
The provisions of this section are designed to ensure that all proposed
land use and development activity complies with the requirements of
this chapter. Specifically, this section requires that the initiation
of all development activity (including building permits, zoning certificates,
occupancy permits for a change of use of an existing lot or structure
where there is contemplated a site plan revision, clear cutting, grading
or filling) require the approval of building, site, and operational
plans by the City before the building, occupancy, and building permits
can be issued — except, however, that development activity associated
with an approved final plat of subdivision for single-family and/or
duplex/twin home dwelling units, and development activity associated
with the full and complete implementation of a project approved within
the PIP phase of the planned development (PDD) is exempt from this
requirement.
B.
Applicability of this section.
(1)
The procedures to be followed in this section shall be applicable
to design, building and operational plans for all construction or
external remodeling or enlargement of any primary or accessory structure,
if such construction or external remodeling requires a building permit,
and if such development activity is located within the B1, B2, PB,
R3-12, I1, I2, or PI Zoning Districts, unless said district specifically
provides for an exemption from either site plan approval or administrative
design review.
(2)
If the regulations contained elsewhere within this chapter require
a site plan approval or design review procedure of any kind prior
to initiating any construction or remodeling or enlargement activity
of any structure whatsoever, this sectionshall supersede such procedural
requirements contained within those other provisions, and this sectionshall
be the exclusive procedural requirement for applying for and receiving
any site plan or design review approval.
(3)
If the regulations contained elsewhere within this chapter require
a site plan approval or design review procedure of any kind, the substantive
standards for landscaping, open space, parking, screening, lighting,
building materials or any other similar requirement that is of a substantive,
rather than purely procedural nature, then those substantive requirements
shall continue to be applicable, but the process for review shall
be exclusively those procedural requirements contained in this section.
C.
Review process/procedure.
(1)
Initiation of request for BSO plan approval. Procedures for
approval of a BSO plan shall be initiated by the owner(s) of the subject
property, or their legally authorized representative(s).
(2)
Preapplication meeting. The petitioner is encouraged, but not
required, to first meet with the City Manager, planning consultant,
engineering consultant, and other applicable City staff to discuss
preliminary concepts and plans for the development. Guidance will
be provided to the petitioner on technical requirements and procedures,
and a timetable for project review may be discussed.
(3)
Application requirements. Petitioner shall submit a complete BSO plan application as outlined in Subsection F below for BSO submittal requirements for City staff review, accompanied by all fees and deposits which from time to time may be adopted by the City Council and in effect at the time of submittal.
(4)
City staff review. The City Manager, or designee, shall review
the application and submitted plans to determine whether the development
complies with the provisions of this chapter. As part of its review,
the City Manager may consult with other City staff, consultants, the
Plan Commission and officials of the City, county, state, fire and
emergency medical services departments, or other agencies. The City
staff review may be combined with related Plan Commission reviews
for rezoning, conditional use permit, land division, or other land
use approvals. The City Manager or his designee shall reserve the
right to defer decision regarding a BSO plan to the Plan Commission
for review and approval.
(5)
Time frame. The administrative review shall not be conducted
until the planning consultant has received a complete application.
After the application is certified as complete, the review of the
submitted application shall be completed within 20 working days of
application certification.
D.
Appeal.
(1)
To Plan Commission. If the petitioner is dissatisfied with the
decision of the City Manager, the petitioner may apply within 30 days
after the decision is issued to the Plan Commission for a review of
that decision. The Plan Commission of the City of Lake Mills shall
hear such appeals and issue a written decision with respect to the
appeal within 30 days after receipt of the appeal.
(2)
To the City Council. If the petitioner is dissatisfied with
the decision of the Plan Commission, the petitioner may apply within
30 days after the decision is issued to the City Council for a review
of that decision. The City Council of the City of Lake Mills shall
hear such appeals and issue a written decision with respect to the
appeal within 30 days after receipt of the appeal.
E.
Project commencement. No building permit shall be issued and no development
project under the jurisdiction of this section shall commence construction
until the Zoning Enforcement Officer has received, in writing, approval
of the application and submitted plans (or Plan Commission or City
Council approval if the decision was appealed) from the City Manager,
and all conditions of approval that reasonably could have been satisfied
have in fact been satisfied. The property owner shall be responsible
for installing and maintaining all site improvements in conformance
with the approved plans and all conditions.
F.
BSO submittal requirements. All building, site, and operation plan
applications for review shall contain or include the plans listed
in this section, and such other information as deemed necessary for
consideration or as waived by the Plan Commission or the City Council.
All plans shall be drawn to a recognized scale, and include a North
arrow, date of preparation, and contact information.
(1)
Written description. A narrative which outlines the following:
(a)
Full name and contact information of the petitioner and/or agent,
and property owner, if different;
(b)
Full name and contact information of petitioner's engineers,
surveyors, architects, and other design professionals used in BSO
plan preparation;
(c)
Existing zoning district(s) and proposed zoning district(s),
if different;
(d)
Current land uses present on the subject property;
(e)
Proposed land uses for the subject property;
(f)
Land use designation(s) as depicted in the adopted Comprehensive
Plan;
(g)
Description of environmental features existing on the property;
(h)
Projected number of residents, employees, and/or daily customers;
(i)
Proposed amount of dwelling units, floor area, open space area,
and landscape surface area, expressed in square feet and acreage to
the nearest 1/100 of an acre;
(j)
Resulting site density, floor area ratio, and greenspace as calculated using the criteria established in § 660-57 of this chapter;
(k)
Operational considerations relating to hours of operation, projected
normal and peak water usage, sanitary sewer or septic loadings;
(l)
Traffic generation;
(m)
Operational considerations relating to potential nuisance creation
pertaining to the appropriate design of street access, traffic visibility,
parking, loading, exterior storage, exterior lighting, vibration,
noise, air pollution, odor, electromagnetic radiation, glare and heat,
fire and explosion, toxic or noxious materials, waste materials, drainage,
and hazardous materials;
(n)
Material safety data sheets (MSDS) for all materials anticipated
to be used or stored on site;
(o)
Exterior building and fencing materials;
(q)
Any other information pertinent to adequate understanding by
the Plan Commission or City staff of the intended use and its relation
to nearby properties.
(2)
Site plan. Illustrating, where applicable:
(a)
Lot area and current zoning of the site;
(b)
All existing and proposed lot lines, labeling dimensions, required
minimum setbacks for buildings and other structures;
(c)
Wetlands, shoreland zoning areas, and floodplains;
(d)
Slopes of greater than 12%;
(e)
Existing and proposed buildings, indicating gross floor area
and capacity;
(f)
Other structures, such as accessory structures, fences, etc.;
(g)
Parking lots, vehicle and pedestrian circulation and driveway
areas, loading areas, and proposed ingress and egress to the site;
(h)
Calculations for determining the number of off-street parking spaces as required by the § 660-41 of this chapter.
(i)
Outdoor storage areas, dumpsters, and proposed screening;
(j)
Adjacent streets and land uses, including all buildings within
50 feet of the site's boundaries.
(5)
Grading and stormwater plans. As required to meet all applicable
City, county, and state requirements, and including existing and proposed
surface elevations of the parcel.
(7)
Building elevations. All development shall comply with the applicable regulations outlined in Article V, Design Guidelines and Regulations, of this chapter.
G.
Time restrictions for BSO plan approvals. Approvals granted for BSO
plans, in which the petitioner has not commenced construction activity
or preparation of the land, or has not submitted a certified survey
map or preliminary plat within the past 24 months of the date of approval,
said approval will expire and reapplication will be required. A reapplication
shall be limited solely to reasonable compliance with current design,
locational, and operational requirements. A reapplication shall not
involve the basic permissibility of the use where such use is permitted
by right at the time of reapplication. The Plan Commission may grant
one six-month extension if requested 30 days prior to the pending
expiration date provided that the petitioner demonstrates a valid
cause. This section shall be in force and effect for all applications
filed after the date of adoption and publication.
H.
Fee. A fee, as established by the City Council from time to time,
shall be required for this procedure.
A.
Purpose and intent.
(1)
Purpose. Planned developments are designed to forward both the
aesthetic and economic development objectives of the City by adhering
to standards consistent with sound land use and urban design and by
controlling the site design and the appearance, density or intensity
of development in terms of more flexible requirements for land uses,
density, intensity, bulk, landscaping, and parking requirements. In
exchange for such flexibility, the planned development shall provide
a much higher level of site design, architectural control and other
aspects of aesthetic and functional excellence than is normally required
for other developments.
(2)
Intent. Planned Development Overlay District regulations are
intended to permit greater flexibility and, consequently, more creative
and imaginative design for the development of a site than is possible
under conventional zoning regulations. It is further intended to promote
more economical and efficient use of land while providing a harmonious
variety of housing choices, a higher level of amenities, adequate
buffering between adjacent uses, and preservation of the natural qualities
of open spaces. The planned development procedure requires a high
degree of cooperation between the developer and the City. The procedure
described herein is designed to give the developer general plan approval
before completing all detailed design work while providing the City
with assurances that the project will retain the character envisioned
at the time of approval.
(3)
PDDs are required to meet certain procedural requirements applicable
only to PDDs, in addition to the general requirements of this chapter.
A public hearing process is required to review a request for a PDD.
This process shall essentially combine the process for a Zoning Map
amendment with that required for a special use, with several additional
requirements.
B.
Initiation of request for amendment of Chapter 660, Zoning. Proceedings for amendment of this chapter may be initiated by any one of the following methods:
C.
Application requirements. All applications for proposed planned development districts, regardless of the party of their initiation per Subsection B above, shall be approved as complete by the City Manager. The City Manager shall forward copies of said complete application to the office of the City Clerk. Said application shall apply to each of the process steps in Subsection D below.
D.
Procedure.
(1)
Preapplication conference. The petitioner shall contact the
Zoning Administrator to place an informal discussion item for a planned
development on the Plan Commission agenda. No details beyond the name
of the petitioner and the identification of the discussion item as
a PD is required to be given in the agenda. At the Plan Commission
meeting, the petitioner shall engage in an informal discussion with
the Plan Commission regarding the potential planned development. Appropriate
topics for discussion may include the location of the PD, general
project themes and images, the general mix of dwelling unit types
and/or land uses being considered, approximate residential densities
and nonresidential intensities, the general treatment of natural features,
the general relationship to nearby properties and public streets,
and relationship to the Comprehensive Plan. Points of discussion and
conclusions reached in this stage of the process shall be in no way
binding upon the petitioner or the City, but should be considered
as the informal, nonbinding basis for proceeding to the next step.
(2)
Concept plan. The petitioner shall provide the Zoning Administrator
with a draft planned development concept plan for a determination
of completeness prior to placing the proposed planned development
on the Plan Commission agenda for concept plan review. This submittal
shall contain all of the following items, prior to its acceptance
by the Zoning Administrator and placement of the item on a Plan Commission
agenda for concept plan review:
(a)
Legal description of the subject property.
(b)
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Lake Mills
Land Use Plan;
(c)
A general written description of the proposed Planned Development
District, including:
[1]
General project themes and images;
[2]
The general mix of dwelling unit types and/or land uses;
[3]
Approximate residential densities and nonresidential intensities
as described by dwelling units per acre, floor area ratio and impervious
surface area ratio;
[4]
The general treatment of natural features;
[5]
The general relationship to nearby properties and public streets;
[6]
The general relationship of the project to the Comprehensive
Plan;
[7]
An initial draft list of zoning standards which will not be
met by the proposed PDD and the location(s) in which they apply and,
a complete list of zoning standards which will be more than met by
the proposed PDD and the location(s) in which they apply. The purpose
of this listing shall be to provide the City staff with information
necessary to determine the relative merits of the project in regard
to private benefit versus public benefit and in regard to the mitigation
of potential adverse impacts created by design flexibility.
(e)
A conceptual plan drawing (at 11 inches by 17 inches) of general
land use layout and general location of major public streets and/or
private drives. Petitioner may submit copies of a larger version of
the plan in addition to the eleven-inch-by-seventeen-inch reduction.
(f)
At the Plan Commission meeting, the petitioner shall engage
in an informal discussion regarding the PDD concept plan submittal.
Appropriate topics for discussion may include any of the information
provided in the PDD concept plan submittal or other items as determined
by the Plan Commission.
(g)
Points of discussion and conclusions reached in this stage of
the process shall in no way be binding upon petitioner or the City,
but should be considered as informal, nonbinding basis for proceeding
to the next step. The preferred procedure is for one or more iterations
of City staff review of the concept plan to occur prior to introduction
of the formal rezoning petition which accompanies general development
plan (GDP) application.
(3)
General development plan (GDP). The petitioner shall provide
the Zoning Administrator with a draft GDP plan submittal for a determination
of completeness prior to placing the proposal on the Plan Commission
agenda for review.
(a)
The submittal shall contain all of the following items, with
the number of copies to be determined by the Zoning Administrator,
prior to its acceptance by the Zoning Administrator and placement
of the item on a Plan Commission agenda for review:
[1]
Legal description of the subject property.
[2]
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Lake Mills
Land Use Plan.
[3]
A map of the subject property showing all lands for which the
Planned Development District is proposed, and all other lands within
300 feet of the boundaries of the subject property, together with
the names and addresses of the owners of all lands on said map as
the same appear on the current records of the Register of Deeds of
Jefferson County (as provided by the City of Lake Mills). Said map
shall clearly indicate the current zoning of the subject property
and its environs, and the jurisdiction(s) which maintains that control.
Said map and all its parts and attachments shall be at a reasonable
scale. All lot dimensions of the subject property, a graphic scale,
and a North arrow shall be provided.
[4]
A general written description of proposed Planned Development
District, including:
[a]
General project themes and images;
[b]
The general mix of dwelling unit types and/or land
uses;
[c]
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, floor area ratio
and impervious surface area ratio;
[d]
The general treatment of natural features;
[e]
The general relationship to nearby properties and
public streets;
[f]
The general relationship of the project to the
Comprehensive Plan.
[5]
Statement of rationale outlining the need for Planned Development
District zoning. This shall identify barriers that the petitioner
perceives in the form of requirements of standard zoning districts
and opportunities for community betterment the petitioner suggests
are available through the proposed PDD zoning.
[6]
A complete list of zoning standards which will not be met by
the proposed PDD and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PDD and the location(s) in which they apply shall be identified to
provide the Plan Commission with information necessary to determine
the relative merits of the project in regard to private benefit versus
public benefit, and in regard to the mitigation of potential adverse
impacts created by design flexibility.
[8]
A general development plan drawing at a reasonable scale (eleven-inch-by-seventeen-inch
reduction shall also be provided by petitioner) of the proposed project
showing at least the following information in sufficient detail to
make an evaluation against criteria for approval:
[a]
A conceptual plan drawing (at 11 inches by 17 inches)
of the general land use layout and the general location of major public
streets and/or private drives. The petitioner may submit copies of
a larger version of the plan in addition to the eleven-inch-by-seventeen-inch
reduction;
[b]
Location of recreational and open space areas and
facilities and specifically describing those that are to be reserved
or dedicated for public acquisition and use;
[c]
Statistical data on minimum lot sizes in the development,
the approximate areas of large development lots and pads, density/intensity
of various parts of the development, floor area ratio, impervious
surface area ratio and landscape surface area ratio of various land
uses, expected staging, and any other plans required by the Plan Commission
or City Council; and
[d]
Notations relating the written information provided in Subsection D(3)(a)[4] above to specific areas on the GDP drawing.
[9]
A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of § 660-113, Landscape and buffers, (except as noted in the listing of exceptions) and the use of extra landscaping and buffer strips.
[10]
A general signage plan for the project, including
all project identification signs and concepts for public fixtures
and signs (such as streetlight fixtures and/or poles or street sign
faces and/or poles) which are proposed to vary from City standards
or common practices.
[11]
Written justification for the proposed Planned
Development District. (The petitioner is advised to use the requirements
of the special use procedure to develop said written justification.)
(b)
The process for review and approval of the GDP shall be identical to that for a zoning amendment as outlined in § 660-197, Zoning Map amendments. The approval of a GDP by the City Council shall establish a PDD/GDP Overlay District that is depicted as such on the Official Zoning Map. The previous zoning, however, shall control development within the area of the GDP until all or portions of the GDP are approved as a precise implementation plan (PIP) as outlined in Subsection D(4) below.
(c)
Where a land division or lot consolidation is proposed, a preliminary plat final plat or CSM of the entire development area included in the GDP shall meet all requirements of Chapter 650, Subdivision Regulations, of the Code of the City of Lake Mills.
(d)
For multi-lot Planned Development District Districts, a detailed
neighborhood development plan showing the arrangement, design, and
uses of different lots, buildings, driveways, parking areas, parks
and open spaces, and paths.
(e)
All portions of an approved GDP not fully developed within five
years of final City Council approval shall expire, unless extended
by resolution of the City Council following a public hearing.
(4)
Precise implementation plan (PIP). After the effective date
of the rezoning to PDD/GDP, the petitioner may file an application
for a proposed precise implementation plan with the City Manager.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
The PIP submittal shall contain all of the following items,
prior to its acceptance by the Zoning Administrator and placement
of the item on a Plan Commission agenda for review. The number of
copies to be submittal shall be determined by the Zoning Administrator.
[1]
A location map of the subject property and its vicinity at 11
inches by 17 inches, as depicted on a copy of the City of Lake Mills
Land Use Plan Map.
[3]
Statement of rationale outlining the need for planned development
district zoning. This shall identify barriers that the petitioner
perceives in the form of requirements of standard zoning districts
and opportunities for community betterment the petitioner suggests
are available through the proposed PDD zoning.
[4]
A complete list of zoning standards which will not be met by
the proposed PIP and the location(s) in which they apply and a complete
list of zoning standards which will be more than met by the proposed
PIP and the location(s) in which they apply shall be identified to
provide the City Manager with information necessary to determine the
relative merits of the project in regard to private benefit versus
public benefit, and in regard to the mitigation of potential adverse
impacts created by design flexibility.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[5]
Location of recreational/open space areas and facilities, specifically
describing those that are to be reserved or dedicated for public acquisition
and use.
[6]
A written description which demonstrates the full consistency
of the proposed PIP with the approved GDP. Any and all variations
between the requirements of the applicable PDD/GDP zoning district
and the proposed PIP development shall be identified.
[7]
The Plan Commission or City Council may specify other plans,
documents or schedules that must be submitted prior to consideration
or approval of the PIP, as such may be relevant to review.
(b)
The area included in a precise implementation plan may be only a portion of the area included in a previously approved general development plan. The proposed PIP shall comply with the requirements outlined in § 660-205, Building site and operation (BSO) plan review and approval, and the design regulations outlined in Article V of this chapter.
(c)
Where a land division or lot consolidation is proposed, a preliminary plat or final plat of the entire development area included in the PIP shall meet all requirements of Chapter 650, Subdivision Regulations, of the Code of the City of Lake Mills. The approval of a PIP shall establish a PDD/PIP District that is depicted as such on the Official Zoning Map.
(d)
For multi-lot Planned Development District Districts, a detailed
neighborhood development plan showing the arrangement, design, and
uses of different lots, buildings, driveways, parking areas, parks
and open spaces; and paths.
(e)
All portions of an approved PDD/PIP not fully developed within
two years of final City Council approval shall expire, unless extended
by resolution of the City Council following a public hearing.
(f)
The City may require the petitioner to provide surety and/or
contractual agreement, with the approval of the City Attorney, to
ensure the development of public and private improvements.
(5)
Consolidated PDD approval process. The petitioner may file an application for simultaneous approval of the GDP and PIP with the Plan Commission and City Council. The consolidated process shall include all the steps outlined in Subsection D(3)(a) through (d) above, and decisions shall be made in accordance with Subsection D(5)(a) below for basis for approval.
(a)
Basis for approval. The Plan Commission in making its recommendations
and the City Council in making its determination shall give consideration
and satisfy themselves as to the following:
[1]
That the proposed development is consistent with the spirit
and intent of these regulations and produces significant benefits
in terms of improved environmental design sufficient to justify the
application of the "Planned Development District" concept.
[2]
That the site development plan reflects proper consideration
of the natural features of the site, with particular concern for preservation
of open space and careful grading to ensure proper drainage and conservation
of natural features.
[3]
That the general character of the development produces an attractive
environment appropriate to the intensity of uses proposed and which
is compatible with existing developments in the surrounding area,
and with general community development plans and policies.
[4]
That the development can be provided with appropriate municipal
services or their equivalent in private services.
[5]
That proposed design standards provide adequately for practical
operation and maintenance of circulation, parking, emergency services,
delivery services, and snowplowing.
[6]
That the proponents of the proposed development have demonstrated
that they intend to start construction within a reasonable period
following the approval of the project and requested overlay of the
PDD District, that the project appears economically sound, that a
surety/proof of financing is provided to the City, and that the development
will be carried out according to a reasonable construction schedule
satisfactory to the City.
[7]
That the proposed development is consistent in all respects
to the spirit and intent of this chapter, is in conformity with the
general plans for community development, would not be contrary to
the general welfare and economic prosperity of the City or of the
immediate neighborhood, that the specific development plans have been
prepared with competent professional advice and guidance, and that
the benefits and improved design of the resultant development justifies
the variation from the normal requirements of this chapter through
the application of the PDD District.
(b)
In the case of proposed residential developments:
[1]
That such development will create an attractive residential
environment of sustained desirability and economic stability, compatible
with the character established for the area by the community's Comprehensive
Plan, and where the economic impact of the development in terms of
income levels, property values, and service demands is at least as
beneficial to the community as that which could be anticipated under
the base zoning.
[2]
The population composition of the development will not alter
adversely the impact upon school or other municipal service requirements
as anticipated under the existing basic zoning and Comprehensive Plan.
[3]
That the total average residential density of the project will
be compatible with the Comprehensive Plan.
[4]
That the aggregate open space of the development will be no
less, than would have resulted from the application of open space
requirements of the previous district.
[5]
That adequate guarantee is provided for permanent retention
as "open space area" of the residual open land area resulting from
the application of these regulations, either by private reservation
for the use of the residents within the development or by dedication
to the public.
[6]
Ownership, maintenance, and tax liability of private open space
reservation shall be established in a manner acceptable to the municipality
and made a part of the conditions of the plan approval.
(c)
In the case of proposed PDD Planned Development District Overlays
for commercial developments:
[1]
That the economic practicality of the proposed development can
be justified on the basis of purchasing potential, competitive relationship
and demonstrated tenant interest.
[2]
That the proposed development will be adequately served by off-street
parking and truck service facilities.
[3]
That the locations for entrances and exits have been designed
to prevent unnecessary interference with the safe and efficient movement
of traffic on surrounding streets, and that the development will not
create an effect upon the general traffic pattern of the area incompatible
with that anticipated under the Comprehensive Plan.
[4]
That the architectural design, landscaping, control of lighting,
and general site development will result in an attractive and harmonious
service area compatible with and not creating an effect upon the property
values of the surrounding neighborhood incompatible with that anticipated
under the Comprehensive Plan.
(d)
In the case of mixed-use developments:
[1]
That the proposed mixture of uses produces a unified composite
which is compatible to itself and which as a total developmental entity
is compatible with the surrounding neighborhood and consistent with
the general objectives of the Comprehensive Plan.
[2]
That the various types of uses conform to the general requirements
as herein set forth applicable to projects of such use and character.
E.
Determination of the City Council.
(1)
The City Council, after due consideration and recommendation
by the Plan Commission, may deny the petition, approve the petition
as submitted or approve the petition subject to additional conditions.
A PDD may only be approved by an ordinance adopted by the City Council.
Any ordinance approving a Planned Development District shall specify
the special conditions and restrictions imposed on the PDD and shall
include the development plan and plat of subdivision, provided that
a plat or re-division or consolidation may be approved by the City
Council as part of the PDD and must be recorded before permits may
be issued. Said ordinance shall further contain a legal description
of the property subject to such PDD and said ordinance shall be recorded
in the office of the Register of Deeds of Jefferson County before
any permits may be obtained.
(2)
The approval of a petition and resulting amendment of the Zoning Map to include the PDD District shall be based on and include conditions to comply with the building, site and operational (BSO) plans for the development. The development as approved by the City Council shall be mapped and recorded as specified by § 660-206. Such plans, however, need not necessarily be completely detailed at the time of zoning provided they are of sufficient detail to satisfy the Plan Commission and City Council as to the general character, scope, and appearance of the proposed development as outlined in the GDP.
F.
Conditions and restrictions.
(1)
The Plan Commission may recommend, and the City Council may adopt by resolution, conditions, and restrictions for planned developments that specify permitted uses, set bulk regulations and density standards for lot coverage and dwelling unit size and distribution, and yard setbacks. The Plan Commission, and the Public Works Board, when applicable, may recommend, and the City Council may adopt by ordinance, such permissible modifications to Chapter 660, Zoning, that are applicable to the PDD/GDP and the PDD/PIP.
(2)
The developer shall enter into a developer's agreement with
the City to comply with all applicable laws and regulations, including
any conditions and restrictions adopted to regulate a specific planned
development, and to assure the construction of all facilities and
infrastructure associated with the project.
(3)
No building permit shall be issued until all applicable fees
and assessments have been paid and either all public construction
has been completed and approved, or a developer's agreement has been
approved and executed and a bond has been posted. For staged development,
such developer's agreements may provide for the construction of improvements
and the use of common areas outside of the subject stage.
(4)
If the owner of the planned development fails to adequately
perform maintenance functions, such as snow and ice removal, weed
cutting, or trash disposal, the City shall have the right to perform
such functions or to contract for their accomplishment at the property
owner's expense.
G.
Changes or revisions.
(1)
All proposed changes, revisions and additions to any aspect
of an approved planned development project shall be submitted to the
Zoning Administrator for his review. The Zoning Administrator shall
determine whether the change, revision or addition is minor or if
it materially affects the intended design of the project and the impact
of the project on neighboring uses.
(2)
If the requested change is determined by the Zoning Administrator
to be substantial, because of its effect on the intended design of
the project or on neighboring uses, a public hearing, subject to the
notice requirements of a conditional use request, shall be held by
the Plan Commission to review and pass its findings to the City Council
for final approval.
(3)
If the change is determined to be minor, the Zoning Administrator
shall review the request and may approve the change without a public
hearing.
(4)
If the City Council approves any substantial or material change,
an ordinance shall be passed and any necessary amendments to any developer's
agreement(s) shall be executed prior to the developer proceeding with
implementation of any approved change or modification.
A.
Purpose. The purpose of this section is to allow the optional development
and redevelopment of land in the City of Lake Mills consistent with
the design principles of traditional neighborhoods. A traditional
neighborhood:
(1)
Is compact;
(2)
Is designed for the human scale;
(3)
Provides a mix of uses, including residential, commercial, civic,
and open space uses, in close proximity to one another within the
neighborhood;
(4)
Provides a mix of housing styles, types, and sizes to accommodate
households of all ages, sizes, and incomes;
(5)
Incorporates a system of relatively narrow, interconnected streets
with sidewalks, bikeways, and transit that offer multiple routes for
motorists, pedestrians, and bicyclists and provides for the connections
of those streets to existing and future developments;
(6)
Retains existing buildings with historical features or architectural
features that enhance the visual character of the community;
(7)
Incorporates significant environmental features into the design;
and
(8)
Is consistent with the City's adopted Comprehensive Plan.
B.
Applicability. The TND is an alternative set of standards for development within the City for new developments of at least five acres in total area, under the auspices of the Planned Development District (PDD) outlined in § 660-206.
C.
Design regulations. All TNDs shall comply with the design regulations outlined in § 660-108 of this chapter.
D.
Application procedure and approval process. Prior to the issuance
of any permits for development within a TND, the following steps shall
be completed according to the procedures outlined in this section:
(1)
The applicant shall have had an initial conference;
(2)
A General Implementation Plan and a Zoning Map amendment to a Traditional Neighborhood Development District shall be approved by the City Council pursuant to the standards and procedures outlined in § 660-206, Planned Development District (PDD) procedures;
(3)
A precise implementation plan shall be approved by the City
Council.
E.
Fees. The City Council may, by resolution, establish fees from time
to time for the administration of this section.
A.
Notice. The City Plan Commission shall give notice, through the City
Clerk, of the proposed changes and hearings thereon, by publication
in the official City newspaper of a Class 2 notice under Chapter 985,
Wis. Stats., and shall give written notice to the Clerk of any municipality
within 1,000 feet of the land included within the proposed change.
The City Plan Commission shall give an opportunity to any person interested
to be heard. Such notice may contain the street names and house or
lot numbers for purposes of identification if the Commission so determines.
In addition, at least 10 days before an amendment hearing for a rezoning,
the City Clerk shall mail an identical notice to the petitioner and
to all property owners within 200 feet of the boundaries of the subject
property. Failure to mail said notice, provided it is unintentional,
shall not invalidate proceedings under this section. The hearing may
be adjourned from time to time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Decisions. Within 30 days after the final adjournment of the hearing,
the Commission shall make a final report and submit a recommendation
to the City Council. The City Council may act upon the recommendation
with or without change, or may refer it back to the Commission for
further consideration.
A.
Violation of this chapter. It shall be unlawful to construct or use any land, engage in any development activity (including disruption of protected vegetation), or construct or use any structure, land or water in violation of any of the provisions of this chapter, or otherwise neglect, refuse or fail to comply with this chapter. Anyone who shall violate this chapter shall, upon conviction thereof, be subject to the penalties set forth in Subsection B, below, and in addition, shall pay all costs and expenses, including actual reasonable attorney and other fees involved in the case. Each day a violation exists or continues shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Penalties. Any person, firm, company, or corporation who violates, disobeys, omits, neglects or refuses to comply with, or who resists the enforcement of any of the provisions of this chapter, shall be subject to a forfeiture as determined from time to time by the City Council in § 1-19 of the Code of the City of Lake Mills, together with the costs of the action, and in default of payment of such forfeiture and costs shall be imprisoned in the county jail until payment thereof, but not exceeding 30 days. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.
(1)
Hazardous condition caused by violation of this chapter. If the Zoning Enforcement Officer determines that a violation of this chapter exists, and further determines that the nature of such violation poses a great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Enforcement Officer shall cause the violation to be abated. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection B(3), below. The Zoning Enforcement Officer is hereby authorized to abate a violation of this chapter using the procedures for summary abatement set forth in Chapter 479, Nuisances.
(2)
Nonhazardous condition caused by violation of this chapter. If the Zoning Enforcement Officer determines that a violation of this chapter exists, and further determines that the nature of such violation is not such as to pose great and immediate danger to the public health, safety, peace, morals or decency, the Zoning Enforcement Officer shall serve written notice by certified mail on the current owner of the property (as indicated by current City of Lake Mills tax records) on which said violation is occurring to remove said violation within 10 working days. If such violation is not removed within such 10 working days, the Zoning Enforcement Officer shall cause the violation to be abated per Subsection B(1), above. Costs associated with said abatement shall be charged to the owner of the property on which said violation has occurred per Subsection B(3), below.
(3)
Cost of abatement. In addition to any other penalty imposed by this subsection for a violation of the provisions of this chapter, the cost of abating a violation of this chapter per Subsection B(1) or (2), above, shall be collected as a debt from the owner of the property on which said violation has occurred. An account of the expenses incurred by the City to abate the violation shall be kept and such expenses shall be charged to and paid by the property owner. Notice of the bill for abatement of the violation shall be mailed to the last known address of said property owner by certified mail, and shall be payable within 30 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Clerk shall enter such charges onto the tax roll as a special tax as provided by Wisconsin Statute.
C.
Inspection fees. To compensate for inspection and administrative
costs under this section, a fee may be charged to the owner or occupant
of property for any inspection or reinspection by a City of Lake Mills
Building Inspector, or their designee, to determine compliance with
an order to correct conditions in violation of this chapter.
A.
Review fees. The City Council may by ordinance or resolution establish
reasonable fees for the filing of a petition for amendment to the
zoning provisions or Official Map, or for filing an appeal to the
Zoning Board of Appeals. Fees or charges may also be established by
the Council for filing requests for conditional uses, for BSO plan
review, for designations of historic sites or districts, or for the
services of professionals working for the City in the context of reviewing
or commenting on any of these petitions or requests.
B.
Consultant fees. The City may retain the services of professional
consultants (including planners, engineers, architects, attorneys,
environmental specialists, recreation specialists, and other experts)
to assist in the City's review of a proposal coming before the City
staff, Plan Commission, City Council, and/or other City committees
or boards. The submittal of a development proposal application or
petition shall be construed as an agreement to pay for such professional
review services applicable to the proposal. The City may apply the
charges for these services to the petitioner. The City may delay acceptance
of the application or petition as complete, or may delay final approval
of the proposal, until the petitioner pays such fees. Review fees
which are applied to a petitioner, but which are not paid, may be
assigned by the City as a special charge against to the subject property.
The petitioner shall be required to provide the City with an executed
copy of a professional services reimbursement form as a prerequisite
to the processing of the development application.
C.
Agreements for payment of fees or charges. The City Manager is authorized
to require a petitioner or requester to enter into a written agreement
for the payment of the charges permitted, and such written agreement
may require a letter of credit or other financial guaranty if, in
the judgment of the City Manager, such agreement and guaranty are
warranted.
