[9-4-2018]
The purpose of this chapter is to establish responsibilities
for the administration of this Title 5, and the enforcement procedures
and penalties for noncompliance with the provisions of this Zoning
Ordinance. The purpose of this chapter is also to establish procedural
requirements for zoning text amendments, Zoning Map amendments, and
various development approvals under this Title 5, including but not
limited to conditional use permits, variances, and site plan review
and approval.
The following activities do not require review or approval by
the City under this Title 5.
(1)
Official public information street graphics installed by or at the
direction of a governmental unit.
(2)
The maintenance or improvement of a public road or railroad track
within the boundaries of the right-of-way.
(3)
Work by any utility not involving substantial engineering redesign
for the purpose of inspection, repair, renewal or construction on
established rights-of-way of any sewers, mains, pipes, cables, utility
tunnels, power lines, towers, poles, tracks, or the like.
The Zoning Administrator is hereby designated as the administrative
and enforcement officer(s) for the provisions of this Title 5. The
general duty of the Zoning Administrator is to interpret and administer
this Title 5. Examples of duties include:
(1)
Maintain records of this Title 5, including, but not limited to,
all maps, amendments, conditional uses, temporary uses, site plans,
planned developments, variances, appeals, interpretations, and applications
thereof.
(2)
Receive, review, analyze, and develop written reports on all applications
for amendments to this Title 5, zoning map amendments, conditional
use permits, site plans, historic preservation overlay design review,
group and large developments, planned developments, campus zoning,
interpretations, variances, appeals, violations and penalties, sign
permits, or other development matters.
(3)
Serve as staff to the Plan Commission, Zoning Board of Appeals, and
other boards and commissions as assigned.
(4)
Issue necessary permits when the requirements of this Title 5 have
been met, and make and maintain records thereof.
(5)
Along with any authorized agent, issue citations for the enforcement
of this Title 5.
(6)
Coordinate official development review processes among government
offices to the extent feasible.
(7)
Conduct inspections to determine compliance with the terms of this
Title 5 and to take remedial action when required.
(9)
Investigate all complaints made relating to the location of structures
and the use of structures, lands, and waters.
(1)
The Plan Commission, together with its other statutory duties, shall
make recommendations relating to the planning and development of the
City to the Common Council, other public officials, and other interested
organizations and citizens. The Plan Commission is established in
§ 2-4 of the City of Monroe Municipal Code.
(2)
Except where they are the final step in the review process as established
by this Title 5, the functions of the Plan Commission are recommendatory
to the Common Council pursuant to guidelines set forth in this Title
5 as to various matters, and, always being mindful of the intent and
purposes of this Title 5.
(3)
See Figure 5-10-20 for a summary of the Plan Commission's role in
administering this Title 5.
(1)
The Common Council, the governing body of the City, subject to recommendations
by the Plan Commission, has ultimate authority to adopt changes and
amendments to this Zoning Ordinance and the Official Zoning Map and
other functions as determined by this Title 5. The Common Council
is established in § 1-5 of the City of Monroe Municipal
Code.
(2)
See Figure 5-10-20 for a summary of the Common Council's role in
administering this Title 5.
A Zoning Board of Appeals is established to provide an appeal
procedure for persons who deem themselves aggrieved by decisions of
administrative officers in the enforcement of this Title 5.
(1)
The Zoning Board of Appeals is established in § 2-5 of
the City of Monroe Municipal Code. Refer to that section for provisions
related to membership, functions, and duties of the Board.
(2)
Powers. The Zoning Board of Appeals shall have the powers established
in Wis. Stats. § 59.694(7). Examples of such powers include:
(a)
Hear appeals. To hear and decide appeals where it is alleged
there is an error in any order, ruling, requirement, decision, or
determination made by the Zoning Administrator.
(b)
Authorize variances. To authorize upon appeal in specific cases
such variance from the terms of this Title 5 as will not be contrary
to the public interest where, owning to special conditions, a literal
enforcement of the provisions of this Title 5 will result in practical
difficulty or unnecessary hardship, so that the spirit of the Title
shall be observed, public safety and welfare secured, and substantial
justice done.
(c)
Extend districts. To permit the extension of a district where
the boundary line of a district divides a lot held in single ownership
at the time of passage of this Title 5.
(d)
Interpret ordinances. Interpret the provisions of this Title
5 in such a way as to carry out the intent and purpose of this Title
5 as shown on the Official Zoning Map where the actual street layout
on the ground varies from the street layout on the aforesaid map.
(e)
Vary height and area regulations. To vary height and area regulations
where this is an exceptional or unusual physical condition of the
lot, which condition is not generally prevalent in the neighborhood
and which condition when related to the height and area regulations
of this Title 5 would present a reasonable or sensible arrangement
of structures on the lot.
(f)
Vary parking regulations. To vary the parking regulations where
an applicant demonstrates conclusively that the specific use of a
structure would make unnecessary the parking spaces required by this
Title 5.
(3)
See Figure 5-10-20 for a summary of the role of the Zoning Board
of Appeals in administering this Title 5.
(1)
Review procedures vary depending on the type of request; however,
procedures within this chapter generally adhere to three common elements:
(2)
Figure 5-10-20 summarizes the procedures, agencies, and personnel involved in the various procedures authorized by this Title 5. Detailed zoning procedures are discussed in §§ 5-10-26 through 5-10-42 of this chapter. Figure 5-10-20 is provided as a convenience for the City and general public. Where there are conflicts between the text of this Title 5 and Figure 5-10-20, the text shall prevail.
Figure 5-10-20: Review and Approval Activities and Bodies
| ||||
---|---|---|---|---|
Application Process
|
Zoning Administrator
|
Plan Commission
|
Common Council
|
Zoning Board of Appeals
|
Zoning Ordinance amendment (§ 5-10-26)
|
RR
|
RR
|
PH, RE, A
| |
Zoning Map amendment (§ 5-10-27)
|
RR
|
RR
|
PH, RE, A
| |
Conditional use permit (§ 5-10-28)
|
RR
|
PH, RE, A
|
Appeal only
| |
Site plan (§ 5-10-31)
|
RE, A
| |||
Historic preservation overlay design review (§ 5-10-32)
|
Refer to Figure 5-10-32
| |||
Group and large development (§ 5-7-2)
|
RR
|
PH, RE, A
|
Appeal only
| |
Planned development: GDP (§ 5-10-33)
|
RR
|
RR
|
PH, RE, A
| |
Planned development: SIP (§ 5-10-33)
|
RR
|
PM, RE, A
| ||
Interpretation (§ 5-10-40)
|
RE, A
| |||
Variance (§ 5-10-41)
|
RR
|
PH, RE, A
| ||
Appeal of zoning interpretation (§ 5-10-42)
|
RR
|
PH, RE, A
| ||
Violations and penalties (§ 5-10-44)
|
RE, A
| |||
Sign permit (§ 5-9-27)
|
RE, IP
| |||
Building permit
|
RE, IP
| |||
RE = Review and Evaluate
|
IP = Issue Permit
| |||
RR = Review and Recommend
|
PH = Hold Public Hearing
| |||
PM = Hold Public Meeting
|
A = Take Final Action
|
In order that the owners of property involved and other legitimately
interested parties may have fair opportunity to be heard, adequate
notice shall be given of any public hearing required by the provisions
of this Title 5.
(1)
Notice of any public hearing which the Council, Plan Commission,
or Board of Appeals is required to hold under the terms of this Title
5 shall specify the date, time, and place of hearing, and the matter
to be presented at the hearing.
(2)
The notice for variances shall be published as a Class 1 notice.
The notice for Zoning Ordinance amendments, Zoning Map amendments,
and conditional use permits shall be published as a Class 2 notice.
(3)
The notice of public hearing shall be published in a newspaper of
general circulation in the City of Monroe before the public hearing,
as prescribed by state statutes or local ordinances.
(4)
Notice of the public hearing shall be mailed to the last known address
of all parties-in-interest before the hearing. Parties-in-interest
shall be defined as the petitioner; the Clerk of any municipality
whose boundaries are within 1,000 feet of any lands included in the
petition; the owners of all lands included in the petition and all
lands lying within 100 feet of lands included in the petition; and
the owner or operator of an airport lying within one mile of lands
included in the petition. The failure to give any notice to any property
owner shall not invalidate the action taken by any of the aforementioned
bodies.
(1)
Public meetings shall provide an opportunity for legitimately interested
parties to thoroughly examine a proposed development or use and allows
the applicant to provide a thorough explanation of the proposal, answer
questions from the public and City, and potentially amend the proposal
based on public input.
(2)
Where a public meeting is required, within 90 days of filing of a
complete application, the Plan Commission shall hold a public meeting
to introduce and inform property owners within 100 feet of the subject
property of the proposal to solicit comments and address concerns.
[5-3-2021]
(1)
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed amendments to the provisions of this Title
5. Refer also to the requirements of Wis. Stats. § 62.23(7)(d).
(3)
Application requirements. An application to amend the regulations
of this Title 5 shall contain the following (digital files should
be submitted whenever possible, if applicable):
(a)
The section(s) of the current provisions of this Title 5 which
are proposed to be amended.
(b)
The text which is proposed to replace the current text.
(c)
As an optional requirement, the applicant may provide written
justification for the proposed text amendment, consisting of the reasons
why the applicant believes the proposed text amendment is in harmony
with the Comprehensive Plan.
(d)
Any further information needed by the Plan Commission to facilitate
appropriate review and generation of a comprehensive report to the
Plan Commission and Common Council.
(4)
Review by the Zoning Administrator.
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this Title 5. If the
application is determined to be incomplete, the Zoning Administrator
shall notify the applicant and the application will not be forwarded.
(b)
The Zoning Administrator shall review the complete application
and evaluate whether the proposed amendment:
2.
Advances the purposes of the general chapter in which the amendment
is proposed to be located.
3.
Advances the purposes of the specific section in which the amendment
is proposed to be located.
4.
Is in harmony with the Comprehensive Plan.
5.
Maintains the desired overall consistency of land uses, land
use intensities, and land use impacts within the pertinent zoning
districts.
6.
Addresses any of the following factors that may not be addressed
in the current zoning text:
a.
A change in the land market, or other factors which require
a new form of development, a new type of land use, or a new procedure
to meet said change(s).
b.
New methods of development or types of infrastructure.
c.
Changing governmental finances to meet the needs of the government
in terms of providing and affording public services.
d.
Any other factor deemed appropriate by the City.
7.
The Zoning Administrator shall prepare a written report addressing
items in Subsection (4)(b), above, and forward said report to the
Plan Commission for the Commission's review and use in making its
recommendation to the Common Council. (If the Zoning Administrator
determines that the proposal may be in conflict with the provisions
of this Title 5 or the Comprehensive Plan, the Zoning Administrator
shall note this determination in the report.)
(5)
Public hearing. Within 60 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 5-10-21 to consider the request. A public hearing may be held more than 60 days from the filing of the complete application when requested by the applicant in writing.
(6)
Review and recommendation by the Plan Commission.
(a)
Within 90 days of filing of a complete application, the Plan
Commission shall make its recommendations regarding the application.
Said recommendation shall include a formal finding of facts developed
and approved by the Plan Commission concerning the requirements of
Subsection (4)(b), above, and whether the public benefits outweigh
any and all potential adverse impacts of the proposed amendment.
(b)
If the Plan Commission fails to make a recommendation within
90 days of filing of a complete application, the Common Council shall
take up the request within 30 days after the expiration of said 90-day
period. Failure to receive said recommendation from the Plan Commission
shall not invalidate the proceedings or actions of the Common Council.
(7)
Review and action by the Common Council.
(a)
The Common Council shall consider the recommendation of the
Plan Commission regarding the proposed amendment. The Common Council
may request further information and/or additional reports from the
Plan Commission, Zoning Administrator, the applicant, and/or any other
entity as it sees fit.
(b)
The Common Council may refer the matter back to the Plan Commission.
In such cases, the Common Council shall specify the issue(s) to be
addressed in further detail.
(c)
The Common Council may take final action (by ordinance) on the
application at the time of its initial meeting, or may continue the
proceedings by its own decision or the applicant's request. The Common
Council may approve the amendment as originally proposed, may approve
the proposed amendment with modifications, or may deny approval of
the proposed amendment.
(d)
If the Common Council wishes to make significant changes in
the proposed text amendment, as recommended by the Plan Commission,
the procedure set forth in Wis. Stats. § 62.23(7)(d) shall
be followed prior to Common Council action. Any action to amend the
provisions of proposed amendment requires a majority vote of the Common
Council.
(8)
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 365 days from the
date of said order of denial, except on grounds of new evidence or
material changes of circumstances.
[5-3-2021]
(1)
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed amendments to provisions of the Official Zoning
Map (rezonings).
(2)
Initiation of request for amendment. Proceedings for amendment of
the Official Zoning Map may be initiated by an application of the
owner(s) of the subject property or authorized agent of the owner(s)
of the subject property; a recommendation of the Plan Commission;
by action of the Common Council; or by City staff.
(3)
Application. An application to amend the Official Zoning Map shall
contain the following (digital files should be submitted whenever
possible, if applicable):
(a)
A map of the subject property to scale depicting:
1.
All lands for which the zoning is proposed to be amended and
all other lands within 100 feet of the boundaries of the subject property.
2.
All parcels numbers for the subject property.
3.
Current zoning of the subject property and its environs, and
the jurisdiction(s) which maintains that control.
4.
All lot dimensions of the subject property.
5.
A graphic scale and North arrow.
(b)
Legal description of the property.
(c)
Written justification for the proposed Official Zoning Map amendment,
including evidence that the application is consistent with the Comprehensive
Plan.
(d)
Any further information needed by the Plan Commission to facilitate
the making of a comprehensive report to the Plan Commission and Common
Council.
(4)
Review by Zoning Administrator.
(a)
The Zoning Administrator shall determine whether the application
is complete. If the application is determined to be incomplete, the
Zoning Administrator shall notify the applicant and the application
will not be forwarded.
(b)
The Zoning Administrator shall review the complete application
and evaluate whether the proposed amendment:
1.
Advances the purposes of this Title 5 as outlined in § 5-1-3 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency.
2.
Is in harmony with the Comprehensive Plan.
3.
Maintains the desired overall consistency of land uses, land
use intensities, and land use impacts within the pertinent zoning
districts.
4.
Addresses any of the following factors that are not properly
addressed on the current Official Zoning Map:
a.
The designations of the Official Zoning Map are not in conformance
with the Comprehensive Plan.
b.
A mapping mistake was made, including the omission on the Official
Zoning Map of an approved Zoning Map amendment.
c.
Factors have changed (such as new data, infrastructure, market
conditions, development, annexation, or other zoning changes), making
the subject property more appropriate for a different zoning district.
d.
Growth patterns or rates have changed, creating the need for
an amendment to the Official Zoning Map.
(c)
The Zoning Administrator shall prepare a written report addressing
the items in Subsection (4)(b), above, and forward said report to
the Plan Commission for the Commission's review and use in making
its recommendation to the Common Council. If the Zoning Administrator
determines that the proposal may be in conflict with the provisions
of this Title 5 or the Comprehensive Plan, the Zoning Administrator
shall note this determination in the report.
(5)
Public hearing. Within 60 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 5-10-21 to consider the request. A public hearing may be held more than 60 days from the filing of the complete application when requested by the applicant in writing.
(6)
Review and recommendation by the Plan Commission.
(a)
Within 90 days of filing of a complete application, the Plan
Commission shall make its recommendations regarding the application.
Said recommendation shall include a formal finding of facts developed
and approved by the Plan Commission concerning the requirements of
Subsection (4)(b), above, and whether the public benefits outweigh
any and all potential adverse impacts of the proposed amendment.
(b)
If the Plan Commission fails to make a report within 90 days
of filing of a complete application, the Common Council take up the
request within 30 days after the expiration of said 90-day period.
Failure to receive said recommendation from the Plan Commission shall
not invalidate the proceedings or actions of the Common Council.
(7)
Review and action by the Common Council.
(a)
The Common Council shall consider the recommendation of the
Plan Commission regarding the proposed amendment. The Common Council
may request further information and/or additional reports from the
Plan Commission, Zoning Administrator, the applicant, and/or any other
entity as it sees fit.
(b)
The Common Council may refer the matter back to the Plan Commission.
In such cases, the Common Council shall specify the issue(s) to be
addressed in further detail.
(c)
The Common Council may take final action (by ordinance) on the
application at the time of its initial meeting, or may continue the
proceedings by its own decision or the applicant's request. The Common
Council may approve the amendment as originally proposed, may approve
the proposed amendment with modifications, or may deny approval of
the proposed amendment.
(d)
If the Common Council wishes to make significant changes in
the proposed amendment to the Official Zoning Map, the procedure set
forth in Wis. Stats. § 62.23(7)(d) shall be followed prior
to Common Council action. Any action to amend the Official Zoning
Map requires a majority vote of the Common Council, except that in
case of adverse recommendation by the Plan Commission, such amendment
shall not be passed, except by a 3/4 vote of all members of the Common
Council. The Common Council's approval of the requested amendment
shall be considered the approval of a unique request, and shall not
be construed as precedent for any other proposed amendment.
(8)
Effect of denial. No application which has been denied (either wholly
or in part) shall be resubmitted for a period of 365 days from the
date of said order of denial, except on grounds of new evidence or
material change of circumstances found valid by the Zoning Administrator.
(1)
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed conditional uses.
(2)
Applicability. There are certain uses which, because of their unique
characteristics, may have a high potential to create undesirable impacts
on nearby properties, public facilities, or the community as a whole.
In these cases, specific standards, regulations, or conditions may
be established.
(3)
Initiation of request. Proceedings for approval of a conditional
use may be initiated by an application of the owner(s) of the subject
property or authorized agent of the owner(s) of the subject property.
(4)
Application. An application for a conditional use permit should contain
the following (digital files should be submitted whenever possible,
if applicable):
(a)
A map of the subject property to scale depicting:
1.
All lands for which the conditional use is proposed and all
other lands within 100 feet of the boundaries of the subject property.
2.
Current zoning of the subject property and its environs, and
the jurisdiction(s) which maintains that control.
3.
All lot dimensions of the subject property.
4.
A graphic scale and a North arrow.
(b)
Written description of the proposed conditional use including
the type of activities, buildings, structures, and off-street parking
proposed for the subject property and their general locations, as
well as the number of employees and the hours of operation.
(c)
A site plan of the subject property if proposed for development conforming to all requirements of § 5-10-31. If the proposed conditional use is a group or large development (per § 5-7-2), a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required per § 5-10-31.
(d)
Written justification for the proposed conditional use, including
evidence that the application is consistent with the Comprehensive
Plan. See Subsection (8), below, for review criteria.
(e)
A traffic impact analysis (TIA) meeting Wisconsin Department
of Transportation requirements for content and format may be required
by the City if deemed necessary by the Zoning Administrator.
(f)
Written description of how the proposed conditional use and
all requirements established by the City relating to the conditional
use are or shall be satisfied.
(5)
Review by Zoning Administrator.
(a)
The Zoning Administrator shall determine whether the application
is complete. If the application is determined to be incomplete, the
Zoning Administrator shall notify the applicant.
(b)
The Zoning Administrator may coordinate review with other City
Departments.
(c)
The Zoning Administrator shall review the complete application
and evaluate the proposed conditional use against the findings listed
in Subsection (8), below.
(d)
The Zoning Administrator shall prepare a written report addressing
the items under Subsection (8), below, to be forwarded to the Plan
Commission for the Commission's review. 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.
(6)
Public hearing. Within 90 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 5-10-21 to consider the request. A public hearing may be held more than 90 days from the filing of the complete application when requested by the applicant in writing.
(a)
Statements of personal preferences or speculation not based
on substantial evidence must be disregarded by the Plan Commission.
See Subsection (7)(b)2.
(7)
Review and action by the Plan Commission.
(a)
The Plan Commission may request further information and/or additional
reports from the Zoning Administrator, applicant, and/or from any
other source.
(b)
Final action on conditional use permits.
1.
The Plan Commission may take final action by resolution on the
application at the time of its initial meeting or may continue the
proceedings. The Plan Commission may approve the conditional use as
originally proposed, may approve the proposed conditional use with
modifications and/or conditions, or may deny approval of the proposed
conditional use.
2.
The City's decision to approve or deny the permit must be supported
by substantial evidence. Any condition imposed by the City must be
related to the purpose of the ordinance and be based on "substantial
evidence" as defined in Wis. Stat. § 62.23(7)(de)1.b.:
a.
"'Substantial evidence' means facts and information, other than
merely personal preferences or speculation, directly pertaining to
the requirements and conditions an applicant must meet to obtain a
conditional use permit and that reasonable persons would accept in
support of a conclusion."
3.
The conditions described under Subsection (7)(b)1, above, must
be reasonable and, to the extent practicable, measurable and may include
conditions such as the permit's duration, transfer, or renewal.
4.
The applicant must demonstrate that the application and all
requirements and conditions established by the City relating to the
conditional use are or shall be satisfied, both of which must be supported
by substantial evidence.
5.
If an applicant for a conditional use permit meets or agrees
to meet all of the requirements and conditions specified in this Title
5 or those imposed by the Plan Commission, the City shall grant the
conditional use permit.
6.
Final action by the Plan Commission shall be followed by a written
report which shall include:
a.
The formal finding of facts related to the findings listed in
Subsection (8), below, approved by the Plan Commission concerning
the request.
b.
Description(s) of the substantial evidence that supports the
Plan Commission's decision to approve or deny the request.
c.
Description(s) of the substantial evidence that supports all
of the condition(s) imposed by the City.
(c)
If the Plan Commission wishes to approve significant changes
to the proposed conditional use, then the procedure set forth in Wis.
Stats. § 62.23(7)(d) shall be followed prior to Plan Commission
action.
(8)
Findings. In reviewing and taking final action on a proposed conditional
use permit, the Plan Commission shall consider whether the proposed
conditional use:
(a)
Is in harmony with the Comprehensive Plan.
(b)
Would result in a substantial or undue adverse impact on nearby
property, the character of the neighborhood, environmental factors,
traffic factors, parking, public improvements, public property or
rights-of-way, or other matters affecting the public health, safety,
or general welfare.
(c)
Maintains the desired consistency of land uses, land use intensities,
and land use impacts as related to the environs of the subject property.
(d)
The conditional use is located in an area that will be adequately
served by, and will not impose an undue burden on, any of the improvements,
facilities, utilities or services provided by public or private agencies
serving the subject property.
(e)
The potential public benefits outweigh any potential adverse
impacts of the proposed conditional use, after taking into consideration
the applicant's proposal and any requirements recommended by the applicant
to ameliorate such impacts.
(9)
Limited effect of approval. A ruling by the Plan Commission finding
a particular land use to be conditionally permitted in a specified
zoning district shall be deemed to authorize only that particular
use at that particular location for the period of time for which the
ruling was issued. The ruling shall not be deemed to authorize any
allegedly similar use for which a separate ruling has not been issued.
A favorable ruling shall automatically expire and cease to be of any
force or effect if the particular use for which it was issued shall,
for any reason, be discontinued for a period of 365 consecutive days
or more.
(10)
Effects of denial. No application which has been denied (either
wholly or in part) shall be resubmitted for a period of 365 days from
the date of said order of denial, except on grounds of new evidence
or material change of circumstances found valid by the Zoning Administrator.
(11)
Appeals of a Plan Commission decision shall be appealed to the
Common Council.
(a)
Initiation of request for appeal. Proceedings for an appeal
to the Common Council of a Plan Commission denial of a conditional
use permit, modification of a conditional use permit, or conditions
added to a conditional use permit may be initiated by any person or
by any officer, department, or board of the City affected by said
Plan Commission decision.
(b)
Enforcement actions. All enforcement actions related to the
subject property shall be held in abeyance upon appeal action of the
Common Council.
(c)
Time limit for filing an appeal. Any appeal to the Common Council
under the provisions of this section shall be made per the requirements
of Subsection (11)(d), below, within a period not exceeding 45 days
from the date of issuance of Plan Commission's decision regarding
the conditional use permit. Failure to initiate this appeal procedure
within this forty-five-day period shall constitute a final and binding
waiver of the right to appeal the Plan Commission's decision.
(d)
Application requirements. An application for an appeal of a
Plan Commission decision shall contain the following (digital files
should be submitted whenever possible):
1.
A written statement from the applicant indicating the reasons
why an appeal is justified, with specific reference to the findings
of the Plan Commission. This statement shall be dated and signed by
the applicant.
2.
All information that was supplied in the complete application
described in Subsection (4), above.
3.
Application filed with the City Clerk.
(e)
Review by the Zoning Administrator.
1.
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this Title 5. If the
application is determined to be incomplete, the Zoning Administrator
shall notify the applicant.
2.
The Zoning Administrator shall review the application and evaluate
and comment on the written justification for the requested appeal
to the Common Council as submitted by the applicant. The Zoning Administrator
shall also evaluate the application to determine whether the requested
appeal is in harmony with the Comprehensive Plan.
3.
The Zoning Administrator shall forward a report to the Common
Council for review and action. If the Zoning Administrator determines
that the proposal may be in conflict with the provisions this Title
5 or the Comprehensive Plan, the Zoning Administrator shall note this
determination in the report.
(f)
Review and action by the Common Council.
1.
Within 60 days after the filing of the appeal, the Common Council
shall make its findings. Such findings shall be based on the findings
of Subsection (8), above, and shall be based on substantial evidence.
The Common Council may request further information and/or additional
reports from the Plan Commission, Zoning Administrator, the applicant,
and/or any other entity as it sees fit.
2.
If the Common Council fails to make a determination within 60
days after the appeal, then the request for the appeal shall be considered
denied.
(g)
Effects of denial. No application for an appeal which has been
denied (either wholly or in part) shall be resubmitted for a period
of 365 days from the date of said order of denial, except on grounds
of new evidence or material change of circumstances.
(h)
Limited effect on a favorable ruling on an appeal.
1.
No ruling by the Common Council on an appeal finding a particular
land use to be conditionally permitted in a specified zoning district
shall be valid for a period of more than 365 days from the date of
issuance of the ruling on the appeal, unless a building permit is
issued and development commenced within that period, and is thereafter
diligently pursued to completion, or a certificate of occupancy is
obtained and a use commenced within that period.
2.
A ruling by the Common Council on an appeal finding a particular
land use to be conditionally permitted in a specified zoning district
shall be deemed to authorize only that particular use at that particular
location for which the ruling was issued. The ruling shall not be
deemed to authorize any allegedly similar use for which a separate
ruling has not been issued. A favorable ruling shall automatically
expire and cease to be of any force or effect if the particular use
for which it was issued shall, for any reason, be discontinued for
a period of 365 consecutive days or more.
(12)
Revocation of an approved conditional use.
(a)
Upon approval by the Plan Commission, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 5-10-31. Once a conditional use is granted, no erosion control permit, site plan, certificate of occupancy, or building permit shall be issued for any development which does not comply with all requirements of this Title 5.
(b)
Any conditional use found not to be in compliance with the terms
of this Title 5 or an approved conditional use permit shall be considered
in violation of this Title 5 and shall be subject to all applicable
procedures and penalties. A conditional use may be revoked for such
a violation by majority vote of the Plan Commission, following the
procedures outlined in Subsections (4) through (8), above. The City
shall provide the property owner with appropriate served notice to
consider revocation. City staff shall provide written findings of
fact in relation to the factors listed in Subsection (8).
(13)
Time limits on the development of conditional use.
(a)
Unless extended as a condition of approval, the start of construction
of any and all conditional uses shall be initiated within 365 days
of their approval by the Plan Commission and shall be operational
within 730 days of said approval. For the purposes of this section,
"operational" shall be defined as the granting of a certificate of
occupancy for the conditional use.
(b)
Failure to initiate development within this period shall automatically
constitute a revocation of the conditional use.
(c)
Prior to such a revocation, the applicant may request an extension
of this period. Said request shall require formal approval by the
Zoning Administrator and shall be based upon a showing of acceptable
justification, as determined by the Plan Commission. However, as a
condition of approval, the 365-day and/or 730-day time limits may
be extended for any specific period to accommodate phased or multistage
development.
(14)
Discontinuing an approved conditional use. Any and all conditional
uses which have been discontinued for a period exceeding 365 days
shall have their conditional use invalidated automatically. The burden
of proof shall be on the property owner to conclusively demonstrate
that the subject conditional use was operational during this period.
(15)
Change of ownership. All requirements and conditions of the
approved conditional use shall be continued regardless of ownership
of the subject property.
(16)
Modification, alteration, or expansion.
(a)
The Zoning Administrator may authorize a modification, alteration,
or expansion to the site plan for a site with a valid conditional
use permit provided that said modification, alteration, or expansion
is permitted by right by this Title 5.
(b)
Modification, alteration, or expansion of any conditional use
without approval by the Plan Commission or Common Council shall be
considered in violation of this Title 5 and shall be grounds for revocation
of said conditional use approval per Subsection (12), above.
(c)
A modification, alteration, or expansion which has been approved
as part of a prior valid conditional use does not require a new conditional
use approval.
(17)
Recording of conditional use requirements. Except for conditional
use approvals for temporary uses, a certified copy of the authorizing
resolution, containing identifiable description and any specific requirements
of approval, shall be recorded by the City of Monroe with the Register
of Deeds for the subject property. The City shall record modifications,
alterations and expansions as well as expired or revoked conditional
use permits.
(18)
Formerly approved conditional uses. A use now regulated as a
conditional use which was approved as a legal land use, either permitted
by right or as a conditional use, prior to the effective date of this
Title 5, shall be considered as a legal, conforming land use so long
as the previously approved conditions of use and previously approved
site plan are followed. Any modification of the previously approved
conditions of use or site plan shall require application and City
consideration under this section.
(19)
Limited conditional uses. A limited conditional use is any development,
activity or operation for which a conditional use permit has been
approved that is limited to a specific operator or property owner,
or to a specific date or event upon which the conditional use permit
either expires or is required to be reviewed and reapproved. The Plan
Commission may require any proposed conditional use request to be
a limited conditional use. The Plan Commission shall specify which
of the following characteristics, based on substantial evidence, are
present that create the need for the limited conditional use:
(a)
A particular aspect of the specific land use.
(b)
A particular aspect of the proposed operation (including, but
not limited to, operating hours).
(c)
A particular aspect of the proposed location.
(d)
A particular aspect of the proposed site design.
(e)
A particular aspect of the adjacent property or of the surrounding
environs.
(f)
Any other reason(s) the Plan Commission deems specially relevant
and material.
(20)
Successor conditional uses.
(a)
Definition. A successor conditional use is a land use which
has been granted a conditional use permit by the City, which is proposed
to undergo one or more of the following changes:
1.
Changing from the specific use originally permitted by the conditional use to another operation of the same use within 365 days of the ending of the original use. For example, changing from one restaurant to another is permitted. However, changing from a restaurant to a tavern is not permitted even though both are considered indoor commercial entertainment land uses under § 5-3-9(8). Likewise, changing from a drive-through restaurant to a drive-through bank is not permitted, even though both are considered drive-through and in-vehicle sales and service under § 5-3-9(10).
2.
A change in the ownership of the subject property.
3.
A change in the ownership of the business or other operator
of the land use.
4.
Other changes explicitly identified in a previously issued conditional
use permit that are identified as acceptable successor conditional
uses.
(b)
Purpose. The purpose of these provisions is to create a process
that:
(c)
Proposed expansions are not eligible. Any physical enlargement
of a previously approved conditional use in terms of buildings, structures,
activity areas, and/or any expansion of the conditions of operation
beyond the limits of site plans, floor plans and conditions of operation
approved through the conditional use process shall not be eligible
for treatment as a successor conditional use and must seek an amendment
to its conditional use permit through the conditional use process.
1.
The Zoning Administrator may authorize an expansion to a site
eligible for a successor conditional use (as defined by this subsection),
provided that said expansion is permitted by right by this Title 5.
(1)
Purpose. The purpose of this section is to specify the requirements
and procedures for the review and approval of site plan applications.
The provisions of this section are designed to ensure that proposed
land uses and development activity complies with the requirements
of this Title 5.
(2)
Applicability. Site plan review and approval shall be required for changes to site characteristics in Subsections (4)(c) through (i) including redevelopment; expansion of building height, footprint, or floor area; expansion of pavement; and new nonresidential development, and residential development containing three or more units. The following shall be exempted from site plan review and approval:
(a)
Residential accessory buildings, decks, and landscape features.
(b)
Fences.
(c)
Uses within a specific implementation plan in a planned development in accordance with the procedures of § 5-10-33(4)(d), provided that the specific implementation plan provides a similar level of detail and range of plans as a typical site plan submittal required under this Title 5.
(3)
Pre-application conference. Prior to formal submittal of a site plan
application, it is recommended that the applicant confer with the
Zoning Administrator in order to establish mutual understanding as
to the basic concept proposed and to ensure proper compliance with
the technical requirements and procedures for processing the site
plan application. At this time, the Zoning Administrator may waive
or modify (in writing) site plan application requirements based on
the nature and scale of the proposed project. A timetable for project
review may also be discussed.
(4)
Application. A site plan application may be considered complete if it contains all of the requirements of Subsections (4)(a) through (i), below, unless specific application requirements are waived in writing by the Zoning Administrator. Maps depicting the following information shall be prepared (digital files should be submitted whenever possible, if applicable).
(a)
Written description of the intended use describing in reasonable
detail the following:
1.
Existing zoning district(s) and proposed zoning district(s),
if different.
2.
Existing and proposed land uses.
3.
Projected number of residents, employees, and/or daily customers.
4.
Proposed number of dwelling units and density.
5.
Demonstration of compliance with the applicable standards and
requirements of this Title 5.
6.
Demonstration of compliance with the City's land dedication
requirements in the Subdivision Regulations the City of Monroe Municipal
Code.
7.
Demonstration of consistency with the Comprehensive Plan.
9.
Any other information pertinent to adequate understanding of
the intended use and its relation to nearby properties.
(b)
A location map showing the subject property and illustrating
its relationship to the nearest street intersection.
(c)
Pre-development site information. A map to scale shall depict
the following information:
1.
Legal description of the subject property.
2.
Existing property lines and setback lines.
3.
Existing structures and paved areas.
4.
Existing right-of-way lines with bearings and dimensions clearly
labeled.
5.
Existing easements and utilities.
6.
Existing and proposed topography with a maximum contour interval
of two feet, except where existing ground is on a slope of less than
2% where one-foot contours shall be shown.
7.
The outer edges of all natural resource areas (i.e., floodplains,
floodways, shorelands, wetlands, drainageways, woodlands, steep slopes).
(d)
Proposed post-development site information. A map to scale shall
depict the following information:
1.
Property lines and setback lines.
2.
Location of all proposed structures and use areas, including
but not limited to paved areas, building entrances, walks, drives,
decks, patios, fences, utility poles, and drainage facilities.
3.
Proposed right-of-way lines with bearings and dimensions clearly
labeled.
4.
Proposed access points onto public streets and access drives
on the subject property.
5.
Location and dimension of all on-site parking (and off-site
provisions if they are to be employed), including a summary of the
number of parking stalls provided.
6.
Location of all proposed parking and traffic circulation areas.
7.
Location and configuration of all visibility triangles proposed
on the subject property.
8.
Location and dimension of all loading and service areas on the
subject property.
9.
Location of all outdoor storage areas and the design of all
screening devices.
10.
Location of all rooftop, wall-mounted, and ground-mounted mechanical
equipment, and the design of all screening devices.
11.
Location and type of all stormwater facilities and management
approach to be employed.
12.
Location of snow storage areas, except for single-family and
two-family residential.
13.
Proposed easement lines and dimensions with a key provided and
explained as to ownership and purpose.
14.
Location, type, height, size, and lighting of all signage on
the subject property.
15.
In the legend, include the following data for the subject property:
lot area, flood area, impervious surface area, impervious surface
ratio, and building heights.
(e)
Detailed landscaping plan. If required, a landscape plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in Chapter 8.
(f)
Grading and erosion control plan. Depicting existing and proposed
grades, including retention walls and related devices, and erosion
control measures per the approval of the City Engineer.
(g)
Elevation drawings. Elevation drawings shall be to scale and
shall include the following information:
1.
Elevations of proposed buildings or proposed remodeling of existing
buildings showing finished exterior treatment and all rooftop, wall-mounted,
and ground-mounted mechanical equipment.
2.
Depict exterior materials, texture, color, and overall appearance.
3.
Perspective renderings of the proposed project and/or photos
of similar structures may also be submitted, but not in lieu of drawings
showing the actual intended appearance of the building(s).
(h)
Photometric plan. The photometric plan shall be to scale and
shall include the following information:
(5)
Review and approval.
(a)
The Zoning Administrator shall determine whether the site plan
application is complete and fulfills the requirements of this Title
5. If the application is determined to be incomplete, the Zoning Administrator
shall notify the applicant.
(b)
The Zoning Administrator shall review and approve or deny the
site plan.
(6)
Referral to the Plan Commission. At his/her discretion, the Zoning
Administrator may forward the site plan application to the Plan Commission
for review and final determination.
(7)
Adjustments to adopted site plans.
(a)
The following adjustments may be approved administratively by
the Zoning Administrator and no additional process is necessary:
1.
A proposed adjustment that would add to or relocate amenity
site elements which are not required such as additional nonrequired
landscaping.
2.
A proposed adjustment that would erase approved site development
components which are not required such as a building, a portion of
a building, an area of nonrequired landscaping, or a nonrequired paved
area.
(b)
The following adjustments that alter the required components
of the approved site plan require a full site plan review process:
1.
A proposed adjustment that would erase and/or relocate approved
site development components which are required such as a stormwater
management feature, required landscaping, or required paved areas.
2.
A proposed adjustment that would expand and/or add any areas
of development (building or paving), whether required or optional.
(c)
If a new site plan is required, and the site plan is a required
component of a conditional use permit or a specific implementation
plan, and amended (in essence, a new) conditional use permit or specific
implementation plan is required.
(d)
If the proposed development involves adding one or more land
use categories which are not permitted by right in the zoning district
or under the list of permitted by right uses in a conditional use
permit or general development plan, a new conditional use permit or
general development plan is required.
(1)
Purpose and scope. The design standards of this Title 5 are intended
to preserve and enhance the aesthetic qualities (historical and visual)
of the community and attain a consistent visually pleasing image for
the City. Historic Preservation Overlay design review is designed
to forward both aesthetic and economic objectives of the City by controlling
the site design and exterior appearance of development within the
district in a manner which is consistent with sound land use, urban
design, and economic revitalization principles. The application of
these standards will ensure the long-term progress and broad participation
toward these principles.
(2)
Procedure for review and approval. There are three categories of
review: renovation review, design alteration review, and project review.
These procedures do not apply to any modifications to the interior
of a building or structure. See Figure 5-10-32 below for a summary
of the processes.
Figure 5-10-32: Process for Historic Preservation Overlay
Design Review
| ||||
---|---|---|---|---|
Procedure
|
Type of Proposal
| |||
Renovation1
|
Design Alteration2
|
Project3
| ||
1.
|
Consultation with Zoning Administrator to confirm type of proposal
|
Yes
|
Yes
|
Yes
|
2.
|
Submit proposed and existing building elevations
|
No
|
Yes
|
Yes
|
3.
|
Submit site plan application
|
No
|
No
|
Yes
|
4.
|
Submit Historic Pres. project review permit application
|
No
|
No
|
Yes
|
5.
|
Review and action by Zoning Administrator
|
No
|
Yes
|
No
|
6.
|
Review and recommendation by Historic Preservation Commission
|
No
|
Maybe
|
Yes
|
7.
|
Review and action by Plan Commission
|
When conditional use permit is required
|
Yes
|
KEY: Yes = Step is required. No =
Step is not required. Maybe = Step may be required at
the discretion of the Zoning Administrator.
|
1
|
Only a replacement to or maintenance of the exterior of a property.
|
2
|
Only a change in the appearance of a property.
|
3
|
Modification to the physical configuration of a property, i.e.,
new building, addition, or demolition.
|
(a)
Renovation review. After consultation with the Zoning Administrator, renovation review projects, as defined in § 5-7-8(3)(a)1, may proceed with the project; no additional processes are required.
(b)
Design alteration review. Design alteration review projects, as defined in § 5-7-8(3)(a)2, are subject to review and approval by the Zoning Administrator.
1.
Procedure. Design alteration review proposals are subject to
the following procedures:
a.
The Zoning Administrator shall determine whether the design
alteration review application is complete and fulfills the requirements
of this Title 5. If the application is determined to be incomplete,
the Zoning Administrator shall notify the applicant.
b.
The Zoning Administrator shall review and approve or deny the
application.
2.
Application requirements. In addition to the application requirements
for site plan review, all applications for design alteration review
shall be made to the Zoning Administrator and shall be accompanied
by the building permit application, and, in addition, shall be accompanied
by all of the following, unless specifically waived in writing by
the Zoning Administrator:
a.
A clear depiction of the existing appearance of the property.
Clear color photographs are recommended for this purpose. Scaled and
dimensioned drawings of existing components such as windows, doors,
railings, fencing or other site components, and/or detailed building
elevations which are proposed for alteration or replacement may be
required by the City.
b.
A clear depiction of the proposed appearance of the property.
Paint charts, promotional brochures, and/or clear color photographs
of replacement architectural components are recommended for this purpose.
Scaled and dimensioned drawings of proposed components such as windows,
doors, railings, fencing or other site components, and/or detailed
building elevations which are proposed for alteration or replacement
may be required by the City.
c.
A written description of the proposed modification, including
a complete listing of proposed components, materials, and colors.
3.
At his/her discretion, the Zoning Administrator may forward
the design alteration review application to the Historic Preservation
Commission for review and final determination.
(c)
Project review. Applications which involve modification to the
physical configuration of a property (such as the erection of a new
building, the demolition of an existing building, or the addition
or removal of bulk to an existing building) are subject to project
review by the Zoning Administrator, Historic Preservation Commission,
and the Plan Commission.
1.
Procedure. The process for review and approval of project review
proposals shall be as follows:
a.
Review by Zoning Administrator. The Zoning Administrator shall
serve as the liaison between the applicant and the Historic Preservation
Commission and Plan Commission in facilitating the thorough and expedient
review of an application and shall ensure that the technical and procedural
requirements of the Zoning Ordinance are met.
i.
The Zoning Administrator shall determine whether the application
is complete. If the application is determined to be incomplete, the
Zoning Administrator shall notify the applicant.
ii.
The Zoning Administrator may coordinate review
with other City departments.
iii.
The Zoning Administrator shall review the complete application and evaluate the proposed project review proposal against Historic Preservation Overlay District design standards under § 5-7-8. The Zoning Administrator shall prepare a written report addressing said design standards to be forwarded to the Plan Commission for the Commission's review. If the Zoning Administrator determines that the proposal may be in conflict with said design standards, the Zoning Administrator shall note this determination in the report.
b.
Public meeting. Within 90 days of filing of a complete application, the Historic Preservation Commission shall hold a public meeting in compliance with § 5-10-22 to consider the request. A public meeting may be held more than 90 days from the filing of the complete application when requested by the applicant in writing.
c.
Review and Action by the Historic Preservation Commission. The Historic Preservation Commission shall serve as the final discretionary review body on aesthetics, building design, and the Historic Preservation Overlay District design standards under § 5-10-32.
i.
The Historic Preservation Commission may request further information
and/or additional reports from the Zoning Administrator, applicant,
and/or from any other source.
ii.
The Historic Preservation Commission may take action
(by resolution) on the application at the time of its initial meeting
or may continue the proceedings. The Historic Preservation Commission
may approve the project review proposal as originally proposed, may
approve the proposed project review proposal with modifications and/or
conditions, or may deny approval of the proposed project review proposal.
Said final action shall be followed by a written report which may
include a formal finding of facts developed and approved by the Historic
Preservation Commission concerning the request.
d.
Review and action by the Plan Commission. The Plan Commission shall review project review proposals only if a conditional use permit is required or if Plan Commission review is otherwise required per the Zoning Ordinance. The Plan Commission shall serve as the final discretionary review body on zoning and operational characteristics and shall focus its review on the application's compliance with all sections of the Zoning Ordinance (except § 5-10-32), including sound land use, site design and economic revitalization practices. In part, this effort shall be guided by the Comprehensive Plan and other area plans.
i.
The Plan Commission may request further information and/or additional
reports from the Zoning Administrator, applicant, and/or from any
other source.
ii.
The Plan Commission may take final action (by resolution)
on the application at the time of its initial meeting or may continue
the proceedings. The Plan Commission may approve the project review
proposal as originally proposed, may approve the proposed project
review proposal with modifications and/or conditions, or may deny
approval of the proposed project review proposal. Said final action
shall be followed by a written report which may include a formal finding
of facts developed and approved by the Plan Commission concerning
the request.
iii.
If modifications and/or conditions approved by the Plan Commission impact the aesthetics, building design, or other features regulated by Historic Preservation Overlay District design standards under § 5-10-32, the Plan Commission may require the revised proposal to be reviewed and approved by the Historic Preservation Commission under Subsection (2)(c)1.c, above.
2.
Application requirements. All applications for project review
shall be made to the Zoning Administrator and shall be accompanied
by the building permit application, and, in addition, shall be accompanied
by all of the following, unless specifically waived in writing by
the Zoning Administrator:
a.
A clear depiction of the existing appearance of the property.
Clear color photographs are recommended for this purpose. Scaled and
dimensioned drawings of existing components such as windows, doors,
railings, fencing or other site components, and/or detailed building
elevations which are proposed for alteration or replacement may be
required by the City.
b.
A clear depiction of the proposed appearance of the property.
Paint charts, promotional brochures, and/or clear color photographs
of replacement architectural components are recommended for this purpose.
Scaled and dimensioned drawings of proposed components such as windows,
doors, railings, fencing or other site components, and/or detailed
building elevations which are proposed for alteration or replacement
may be required by the City.
c.
For all projects involving a new building, or an addition exceeding
100 square feet of gross floor area that reduces or extends a building's
footprint or height, a detailed, scaled site plan which provides the
following information:
i.
A title block indicating name and address of the current property
owner, developer and project consultants.
ii.
The date of the original plan and the latest date
of revision to the plan.
iii.
A North arrow and a graphic scale.
iv.
All property lines and existing and proposed right-of-way
lines with dimensions clearly labeled.
v.
All existing and proposed easement lines and dimensions with
a key provided and explained as to ownership and purpose.
vi.
All existing and proposed buildings, structures,
and paved areas, including walks, drives, decks, patios, fences, utility
poles, drainage facilities, and walls.
vii.
All required building setback lines.
viii.
The location, type and size of all signage on
the site.
ix.
The location, type and orientation of all exterior
lighting on the subject property.
x.
The location of all access points, parking and loading areas
on the subject property, including a summary of the number of parking
stalls and labels indicating the dimension of such areas.
xi.
The location of all outdoor storage areas.
xii.
The location and type of any green space areas.
xiii.
The location of existing and proposed drainage
facilities.
xiv.
In the legend, the following data for the subject
property: lot area, floor area, impervious surface area, impervious
surface ratio, and building height.
d.
A detailed landscaping plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in Chapter 8.
e.
A written description of the proposed project, including a complete
listing of proposed components, materials, and colors.
(3)
Additional recommendations permitted under the Historic Preservation
Overlay design review process.
(a)
The Zoning Administrator is hereby authorized to make recommendations
for, or require modifications to, a proposed application for renovation
review, design alteration review, or project review.
(b)
The Plan Commission is hereby authorized to make recommendations
for or require modifications to any proposals requiring a conditional
use permit and in instances in which Plan Commission review is otherwise
required per the Zoning Ordinance.
(c)
The Historic Preservation Commission is hereby authorized to
make recommendations for or require modifications to a proposed application
for design alteration review and project review.
(4)
Appeals. Appeals from the decisions of the Plan Commission may be
made to the Common Council per the provisions of the Municipal Code.
Appeals from the decisions of the Zoning Administrator and Historic
Preservation Commission may be made to the Plan Commission.
(2)
Purpose. The purpose of this section is to provide regulations which
govern the procedures for the review and approval or denial of proposed
planned developments.
(3)
Initiation of request. Proceedings for approval of a planned development
may be initiated by any of the following:
(4)
Procedure for planned development review. The procedure for zoning to a planned development (PD) district shall follow the Zoning Map Amendment procedure included in § 5-10-27, except that the planned development procedure shall be subject to the following additional requirements.
(a)
Pre-application conference. Prior to formal petition for zoning
to a PD district, the applicant shall confer with appropriate City
staff in order to establish mutual understanding as to the basic concept
proposed and to ensure proper compliance with the requirements of
the PD process. Points of discussion and conclusions reached in this
stage of the process shall in no way be binding upon the applicant
or the City, but should be considered as the informal, nonbinding
basis for proceeding to the next step.
(b)
Concept plan review. Upon completion of the pre-application
conference, described above, the applicant may decide to prepare an
optional conceptual plan for review with the Plan Commission.
1.
The Plan Commission may schedule a workshop as part of a planned
development review. Appropriate topics for discussion may include
any of the information provided in the concept plan, or other items
as determined by the Plan Commission. Points of discussion and conclusions
reached at this stage of the process shall be in no way binding upon
the applicant or the City, but should be considered as the informal,
nonbinding basis for proceeding to the next step. The preferred procedure
is for one or more iterations of Plan Commission review of the concept
plan to occur prior to introduction of the formal application for
rezoning, which accompanies the general development plan application
[see Subsection (4)(d), below].
2.
The concept plan submittal shall include the following items
(digital files should be submitted whenever possible).
a.
A location map of the subject property and its vicinity.
b.
A general written description of the proposed PD, including:
i.
General project themes and images.
ii.
The general mix of dwelling unit types and/or land
uses.
iii.
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, landscaping surface
ratio, and/or other appropriate measures of density and intensity.
iv.
General treatment of natural features.
v.
Relationship to nearby properties and public streets.
vi.
Relationship of the project to the Comprehensive
Plan.
vii.
Description of exceptions from the requirements
of this Title 5. The purpose of this information shall be to provide
the Plan Commission with information necessary to determine the relative
merits of the project with respect to private versus public benefit,
and to evaluate the potential adverse impacts created by making exceptions
to standard zoning district requirements.
c.
A conceptual drawing of the site plan layout, including the
general locations of public streets and/or private drives.
d.
The Plan Commission shall accept the concept plan and inform
the applicant to move on to the next step in the PD process, general
development plan.
(c)
General development plan review. The applicant shall submit
a general development plan (GDP) to the Zoning Administrator, for
determination of completeness. Upon determination of completeness
by the Zoning Administrator, the GDP shall be placed on the Plan Commission
agenda for review. The GDP establishes the underlying zoning for the
property.
1.
The GDP submittal shall include the following items (digital
files should be submitted whenever possible):
a.
General location map of the subject site depicting:
b.
Generalized site plan showing the pattern or proposed land uses,
including:
i.
General size, shape, and arrangement of lots and specific use
areas.
ii.
Basic street pattern and pattern of internal drives.
iii.
General site grading plan showing preliminary
road grades.
iv.
Basic storm drainage pattern, including proposed
on-site stormwater detention.
v.
General location of recreational and open space areas, including
designation of any such areas to be classified as common open space.
d.
Conceptual landscaping plan, noting approximate locations of foundation, street, yard, and paving landscaping, and comparing the proposed landscaping plan to the standard landscaping requirements in Chapter 8.
e.
General signage plan, including all project identification signs
and concepts for public fixtures and signs (such as street light fixtures
and/or poles or street sign faces and/or poles) which may or may not
be proposed to vary from City standards or common practices.
f.
General outline of property owners' association, covenants,
easements, and deed restrictions.
g.
A written description of the proposed Planned Development, including:
i.
General project themes and images.
ii.
The general mix of dwelling unit types and/or land
uses.
iii.
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, landscaping surface
area ratio, and/or other appropriate measures of density and intensity.
iv.
General treatment of natural features.
v.
General relationship to nearby properties and public streets.
vi.
General relationship of the project to the Comprehensive
Plan or other area plans.
vii.
Proposed exceptions from the requirements of this
Title 5.
h.
A traffic impact analysis (TIA) that evaluates the adequacy
of the existing and proposed transportation system that serves the
Planned Development may be required by the City, if deemed necessary
by the Zoning Administrator.
i.
If required, the TIA should address all elements of the transportation
system as it relates to pedestrians, bicyclists, transit, vehicular
traffic, and adjacent land development.
ii.
It is noted that the Wisconsin Department of Transportation
(WisDOT) has TIA requirements that must be followed if a development
project has direct access to the State Trunk Highway System.
i.
A utility feasibility analysis.
2.
The Plan Commission or Common Council may waive submittal information
listed above, and/or may likewise require additional information beyond
that listed above.
3.
If all required application materials are provided, the GDP
and SIP may be submitted and reviewed concurrently.
4.
The process for review and approval of the GDP shall be identical to that for Zoning Map amendments per § 5-10-27.
5.
A GDP shall not expire. All portions of an approved GDP not
initiated through granting of a building permit following final Common
Council approval shall remain zoned PD and the approved GDP shall
remain in place.
6.
Approval of the General Development Plan.
a.
Approval of the GDP shall establish the basic right of use for
the area when in conformity with the approved GDP.
b.
Upon final approval of and adoption of the GDP, all plans submitted
as well as other commitments, restrictions, and other factors pertinent
to assuring that the project will be carried out as approved shall
be filed with the Zoning Administrator and shall be referred to in
the event of enforcement or proposed modification to the approved
GDP.
(d)
Specific implementation plan. Upon completion of the GDP review
process, described above, the applicant shall submit a specific implementation
plan (SIP) to the Zoning Administrator for determination of completeness.
Upon determination of completeness by the Zoning Administrator, the
SIP shall be placed on the Plan Commission agenda for SIP review.
1.
The SIP submittal shall include the following items. Note that
the area included in a SIP may be only a portion of the area included
in a previously approved GDP (digital files should be submitted whenever
possible).
a.
An existing conditions map of the subject site depicting the
following:
i.
All lands for which the planned development is proposed and
all other lands within 100 feet of the boundaries of the subject site.
ii.
Current zoning of the subject property and all
abutting properties, and the jurisdiction(s) that maintains that control.
iii.
Existing utilities and recorded easements.
iv.
All lot dimensions of the subject site.
v.
A graphic scale and a North arrow.
b.
A SIP map of the proposed site showing at least the following:
i.
A final plat showing detailed lot layout, intended uses of each
parcel, public dedication, public and private streets, driveways,
walkways, and parking facilities.
ii.
The arrangements of buildings.
iii.
Specific treatment and location of recreational
and open space areas, including designation of any such areas to be
classified as common open space.
c.
Proposed grading plan.
d.
Specific landscaping plan for the subject site, specifying the
location, species, and installation size of all plantings. The landscaping
plans shall include a table summarizing all proposed species.
e.
Architectural plans for any nonresidential buildings, multifamily
structures, or building clusters, other than conventional single-family
or two-family homes on individual lots, in sufficient detail to indicate
the floor area, bulk, and visual character of such buildings.
f.
Engineering plans for all water and sewer systems, stormwater
systems, roads, parking areas, and walkways.
g.
Signage plan for the project, including all project identification
signs, concepts for public fixtures and signs (such as street light
fixtures and/or poles or street sign faces and/or poles), and group
development signage themes that may or may not vary from City standards
or common practices.
h.
Specific written description of the proposed SIP including:
i.
Specific project themes and images.
ii.
Specific mix of dwelling unit types and/or land
uses.
iii.
Specific residential densities and nonresidential
intensities as described by dwelling units per acre, and landscaping
surface area ratio and/or other appropriate measures of density and
intensity.
iv.
Specific treatment of natural features, including
parkland.
v.
Specific relationship to nearby properties and public streets.
vi.
Statistical data on minimum lot sizes in the development,
the precise areas of all development lots and pads; density/intensity
of various parts of the development; building coverage, and landscaping
surface area ratio of all land uses; proposed staging; and any other
plans required by the Plan Commission.
vii.
A statement of rationale as to why PD zoning is
proposed. This statement shall list the standard zoning requirements
that, in the applicant's opinion, would inhibit the development project
and the opportunities for community betterment that are available
through the proposed PD project.
viii.
A complete list of zoning standards that would
not be met by the proposed SIP and the location(s) in which such exceptions
would occur.
ix.
Phasing schedule, if more than one development
phase is intended.
i.
Agreements, bylaws, covenants, and other documents relative
to the operational regulations of the development and particularly
providing for the permanent preservation and maintenance of common
open areas and amenities.
j.
A written description that demonstrates how the SIP is consistent
with the approved GDP and any and all differences between the requirements
of the approved GDP and the proposed SIP.
2.
The Zoning Administrator, or by majority vote of the Plan Commission,
may waive submittal information listed above, and/or may likewise
require additional information beyond that listed above.
3.
The process for review and approval of the SIP shall be as follows:
a.
Review by Zoning Administrator.
i.
The Zoning Administrator shall determine whether the application
is complete. If the application is determined to be incomplete, the
Zoning Administrator shall notify the applicant.
ii.
The Zoning Administrator may coordinate review
with other City departments.
iii.
The Zoning Administrator shall review the complete
application and evaluate the proposed SIP against the review criteria
under Subsection (4)(e), below. The Zoning Administrator shall prepare
a written report addressing said review criteria to be forwarded to
the Plan Commission for the Commission's review. If the Zoning Administrator
determines that the proposal may be in conflict with said review criteria,
the Zoning Administrator shall note this determination in the report.
b.
Public meeting. Within 90 days of filing of a complete application, the Plan Commission shall hold a public meeting in compliance with § 5-10-22 to consider the request. A public meeting may be held more than 90 days from the filing of the complete application when requested by the applicant in writing.
c.
Review and action by the Plan Commission.
i.
The Plan Commission may request further information and/or additional
reports from the Zoning Administrator, applicant, and/or from any
other source.
ii.
The Plan Commission may take final action (by resolution)
on the application at the time of its initial meeting or may continue
the proceedings. The Plan Commission may approve the SIP as originally
proposed, may approve the proposed SIP with modifications and/or conditions,
or may deny approval of the proposed SIP. Said final action shall
be followed by a written report which may include a formal finding
of facts developed and approved by the Plan Commission concerning
the request.
4.
A SIP shall not expire. All portions of an approved SIP not
fully developed following final Plan Commission approval shall remain
zoned PD and the approved SIP shall remain in place.
5.
Approval of the SIP. Upon final approval of the SIP, all SIP
materials shall be submitted as well as other commitments, restrictions,
and other factors pertinent to assuring that the project will be carried
out as approved shall be filed with the Zoning Administrator and shall
be referred to in the event of enforcement or proposed modification
to the approved SIP. All covenants, restrictions, or contractual agreements
with the City which have not been previously recorded shall be recorded
with the Green County Register of Deeds office before final issuance
of building permits for the phase.
(e)
Criteria for approval: In its review and action an application
for a planned development district, the Plan Commission shall make
findings with respect to the following criteria:
1.
The proposed planned development project is consistent with
the overall purpose and intent of this Title 5.
2.
The proposed planned development project is consistent with
the City's Comprehensive Plan and other area plans. (It is the responsibility
of the City to determine such consistency.)
3.
The proposed planned development project would maintain the
desired relationships between land uses, land use densities and intensities,
and land use impacts in the environs of the subject site.
4.
Adequate public infrastructure is or will be available to accommodate
the range of uses being proposed for the planned development project,
including but not limited to public sewer and water and public roads.
5.
The proposed planned development project will incorporate appropriate
and adequate buffers and transitions between areas of difference land
uses and development densities/intensities.
6.
The proposed planned development project design does not detract
from areas of natural beauty surrounding the site.
7.
The proposed architecture and character of the proposed planned
development project is compatible with adjacent/nearby development.
8.
The proposed planned development project will positively contribute
to and not detract from the physical appearance and functional arrangement
of development in the area.
9.
The proposed planned development project will produce significant
benefits in terms of environmental design and significant alternative
approaches to addressing development performance that relate to and
more than compensate for any requested exceptions modifications variation
of any standard or regulation of this Title 5.
10.
For planned development projects that are proposed to be developed
in phases, the applicant can provide a timeline for development and
can demonstrate that the project would be successful even if all phases
were not or could not be completed.
(f)
Changes or alterations. Any change of the PD plans subsequent
to approval of the SIP shall be submitted to the Zoning Administrator.
1.
If the Zoning Administrator determines that the change constitutes
a substantial modification, the applicant/developer will be required
to amend the SIP, and if necessary, the GDP, following the procedures
set forth in this section for review and approvals.
2.
If, in the opinion of the Zoning Administrator, such changes
do not constitute a substantial modification of either the GDP or
SIP, the change may be accomplished by approval of the Zoning Administrator.
Such approved changes or modifications shall be documented and recorded
in the official file of the City on the PD.
3.
A "substantial modification" includes, but is not limited to:
a.
Proposed modification(s) that would require a new site plan per § 5-10-31. Such modifications would require an amendment to the SIP.
b.
Proposed modification(s) that would involve one or more land
use categories which are not under the list of permitted uses in the
GDP. Such modifications would require an amendment to the GDP.
(1)
Purpose. The purpose of this section is to assign responsibility
for the official interpretation of the provisions of this Title 5,
and to describe the required procedure for securing such interpretation.
(2)
Initiation of request for an interpretation. Proceedings for an interpretation
may be initiated by any of the following four methods:
(3)
Application. A zoning interpretation application contains all of
the following:
(a)
Clear indication of the text of this Title 5 for which the interpretation
is requested and the specific questions the applicant has regarding
said text.
(b)
If the requested interpretation relates to the application of
this Title 5 to a specific property, the additional following information
may be required (digital files should be submitted whenever possible):
1.
A map of the subject property depicting:
a.
All lands for which the interpretation is requested and all
other lands within 100 feet of the boundaries of the subject property.
b.
Current zoning of the subject property and its environs, and
the jurisdiction(s) which maintains that control.
c.
All lot dimensions of the subject property.
d.
A graphic scale and a North arrow.
2.
A written description of the reason for the requested interpretation
and how the proposed interpretation relates to type of activities,
buildings, and structures currently located on, and proposed for,
the subject property.
(c)
If the requested interpretation relates to the classification
or treatment of a particular land use under the provisions of this
Title 5, a series of written responses to the following questions:
1.
How is the subject land use in general harmony with the purposes,
goals, objectives, policies and standards of the City's Comprehensive
Plan, this Title 5, and any other plan, program, or ordinance adopted
or under consideration (pursuant to official notice) by the City?
2.
How is the subject land use in harmony with the purposes, goals,
objectives, policies and standards of the pertinent zoning district
for which the interpretation is being sought?
(4)
Review by Zoning Administrator.
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this Title 5. If the
application is determined to be incomplete, the Zoning Administrator
shall notify the applicant.
(b)
The Zoning Administrator shall review the application and evaluate
and comment on the written justification for the proposed interpretation
provided in the application to determine whether the requested variance
is in harmony with the City's Comprehensive Plan.
(c)
The Zoning Administrator shall forward a report indicating the
interpretation of the Zoning Administrator to the applicant. 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.
(5)
Standards for review. This chapter shall be interpreted in a manner
which is consistent with the purposes intended by the Common Council
as noted in this Title 5 and the Comprehensive Plan. The intent of
the standards and supporting definitions of this Title 5 is to protect
both individual property owners and the general public from adverse
impacts that may result from a proposed, modified, or existing land
use. To this end, those called upon to interpret this Title 5 shall
proceed as follows:
(a)
Articulate certain public purpose(s) underlying the standard(s)
for which an interpretation is required. (Rationale: Before any zoning
interpretation is made, there must be an explicit discussion of certain
purpose(s) for which the regulation was initially imposed. Each zoning
regulation is intended to protect the interests of both present and
future neighbors and the general public. Each standard is developed
as a regulatory response to an identifiable potential negative impact.
A sound interpretation of any standard cannot be ensured without careful
analysis of the regulation and the end toward which it is directed.
It is understood that there may be other public purposes underlying
the interpretation which are not explicitly articulated.)
(b)
Articulate the actual impact of various proposed interpretations,
permitting flexibility in design and prohibiting any interpretation
that lowers the protection afforded to the public. There is a critical
distinction between an interpretation which provides a greater degree
of design freedom to achieve a permitted land use, and an interpretation
which permits a new or not previously permitted use, or which allows
a use to be enlarged, or have its intensity increased beyond the degree
specified in the Chapter. Design freedom is to be encouraged while
a lowering of the standards of this Title 5 is to be prohibited.
(c)
Determine whether the proposed interpretation will ensure a
just balance between the rights of the landowner and all others who
will be affected by that person's land use proposal. If an interpretation
would merely allow a design solution that is slightly different from
the one expressly stated or permitted, and if it would result in a
same or greater degree of protection to any affected party (i.e.,
the abutting landowners, the public at large, and/or a future property
owner or renter), such an interpretation may be appropriately made.
Any interpretation which would result in any identifiable loss of
protection for one group to the benefit of others is contrary to the
spirit of this Title 5. Similarly, any interpretation which would
either increase the nuisance potential of any use or alter the purpose
for which the regulation was adopted shall be considered counter to
the legislative intent of this Title 5. Any interpretation which will
result in any reduction of a normally required bufferyard or increase
in intensity beyond that already permitted shall only be made if the
party interpreting this Title 5 has the power to impose additional
restrictions or requirements.
(d)
This chapter has been carefully designed by the Common Council
to combine maximum achievement of public goals and the protection
of abutting property owners while providing flexibility for property
owners to use their land for a variety of uses consistent with the
goals and objectives of the Comprehensive Plan. Great care has been
taken to balance the rights of competing groups while achieving maximum
protection with flexibility and a range of use options. Persons interpreting
this Title 5 should not substitute their own judgments for the legislative
acts of the Common Council.
(e)
In addition to the applicant's response to the questions required
by Subsections (5)(a) through (d), above, the following standards
shall govern the decision on the requested interpretation on land
use interpretation matters:
1.
No interpretation shall allow the establishment of any land
use which was previously considered and rejected by the Common Council
on an application for an amendment to the Zoning Ordinance, the Official
Zoning Map, or a previously applied for appeal from a requested interpretation.
2.
No interpretation shall permit a land use listed as a use permitted by right or a conditional use in another zoning district if the use is not listed as permitted or conditional in the zoning district of the subject property (see Chapter 2).
3.
No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property's zoning district (see Chapter 2).
4.
No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district, or permitted in a more intensive district in the same zoning district category (see Chapter 2).
(6)
Effect of a favorable land use interpretation. No interpretation
finding a particular land use to be permitted or conditionally permitted
in a specific zoning district shall authorize either the establishment
of such use or the development, construction, reconstruction, alteration,
or moving of any building or structure. A favorable interpretation
merely authorizes the preparation, filing, and processing of applications
for any permits and approvals which may be required by this Title
5. These permits and approvals include, but are not limited to, required
site plans, special use permits, conditional uses, and certificates
of occupancy.
(7)
Limitations on favorable land use interpretation.
(a)
No interpretation finding a particular land use to be permitted
or conditionally permitted in a specified zoning district shall be
valid for a period of more than 365 days from the date of issuance
of the interpretation, unless a building permit is issued and development
has begun within that period, and is thereafter diligently pursued
to completion, or a certificate of occupancy is obtained and a use
commenced within that period.
(b)
An interpretation finding a particular land use to be permitted
or conditionally permitted in a specified zoning district shall be
deemed to authorize only that particular use at that particular location
for which the interpretation was issued. The interpretation shall
not be deemed to authorize any allegedly similar use for which a separate
interpretation has not been issued. A favorable interpretation shall
automatically expire and cease to be of any force or effect if the
particular use for which it was issued shall, for any reason, be discontinued
for a period of 365 consecutive days or more.
(1)
Purpose. The purpose of this section is to provide regulations which
enable the City to hear and decide requests for permitted variation
from the terms of this Title 5 as will not be contrary to the public
interest; where owing to special factors, a literal enforcement of
the provisions of this Title 5 would result in practical difficulty
or unnecessary hardship, so that the spirit of this Title 5 shall
be observed, public safety and welfare secured, and substantial justice
done; as provided for by Wis. Stats. § 62.23(7)(e)(7). In
all circumstances, a property owner bears the burden of proving that
the unnecessary hardship is based on conditions unique to the property,
rather than considerations personal to the property owner, and that
the unnecessary hardship was not created by the property owner.
(2)
Initiation of request for approval of a variance. Proceedings for
approval of a requested variance shall be initiated by an application
of the owner(s) of the subject property or authorized agent of the
owner(s) of the subject property.
(3)
Application. Variance applications shall contain the following (digital
files should be submitted whenever possible, if applicable):
(a)
A map of the subject property depicting:
1.
All lands for which the variance is proposed and all other lands
within 100 feet of the boundaries of the subject property.
2.
Current zoning of the subject property and its environs, and
the jurisdiction(s) which maintains that control.
3.
All lot dimensions of the subject property.
4.
A graphic scale and a North arrow.
(b)
A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of § 5-10-31.
(c)
Written description of the proposed variance, including:
1.
Evidence that the application is consistent with the Comprehensive
Plan; and
2.
Evidence of how the unnecessary hardship is based on conditions
unique to the property, rather than considerations personal to the
property owner, and that the unnecessary hardship was not created
by the property owner.
(4)
Review by the Zoning Administrator.
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this Title 5. If the
application is determined to be incomplete, the Zoning Administrator
shall notify the applicant.
(b)
The Zoning Administrator shall review the application and prepare
a written report including the following:
(5)
Public hearing. Within 60 days of filing of a complete application, the Zoning Board of Appeals shall hold a public hearing in compliance with § 5-10-21 consider the request.
(6)
Review and action by the Zoning Board of Appeals.
(a)
Within 60 days after the holding of the public hearing, the
Zoning Board of Appeals shall make its findings per the following
based on Wis. Stats. § 62.23(7)(e)7:
1.
The variance will not be contrary to the public interest.
2.
Substantial justice will be done by granting the variance.
3.
The variance is needed so that the spirit of the ordinance is
observed.
4.
Due to special conditions, a literal enforcement of the provisions
of the Zoning Ordinance will result in unnecessary hardship.
5.
The variance will not allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
(b)
The Zoning Board of Appeals may request further information
and/or additional reports from the Zoning Administrator and/or the
applicant. The Zoning Board of Appeals may take final action on said
request for approval of the requested variance at time of its initial
meeting, or said proceedings may be continued from time to time for
further consideration.
(c)
If the Zoning Board of Appeals fails to make a determination
within 60 days after said public hearing, then the request for the
variance shall be considered denied.
(7)
Effect of denial. No application for a variance which has been denied
(either wholly or in part) shall be resubmitted for a period of 365
days from the date of said order of denial, except on grounds of new
evidence or material change of circumstances found valid by the Zoning
Administrator.
(8)
Limited effect of a variance. Where the Zoning Board of Appeals has
granted a variance, such approval shall neither change the use classification
of the building or premises, nor give it any status as a nonconforming
use other than that which it has as a result of the variance. Granting
of a variance shall be considered as unique to the variance granted,
and shall not be construed as precedent for any other proposed variance.
(9)
Stay of proceedings. An application for a variance shall stay all
legal proceedings furthering enforcement of any provisions of this
Title 5 from which the applicant is requesting a variance, unless
the Zoning Administrator certifies to the Zoning Board of Appeals
after the request for the variance has been filed that, by reason
of the facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed otherwise than by a restraining order which may
be granted by the Zoning Board of Appeals, or by a court of record
on application, on notice to the Zoning Administrator, and on due
cause shown. State Law Reference: Wis. Stats. § 62.23(7)(e)5.
(1)
Purpose. The purpose of this section is to provide regulations which enable the City to hear and decide requests for appeals from the interpretations of the Zoning Administrator, per § 5-10-40 as provided for by Wis. Stats. § 62.23(7)(e)(7).
(2)
Initiation of request for appeal. Proceedings for the review of an
appeal may be initiated by any person aggrieved, or by any officer,
department, board, or bureau of the City affected by any decision
of the Zoning Administrator.
(3)
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the Zoning Administrator
certifies to the Zoning Board of Appeals after the request for the
appeal has been filed, that, by reason of facts stated in the certificate,
a stay would cause immediate peril to life or property. In such case,
the proceedings shall not be stayed otherwise than by a restraining
order which may be granted by the Zoning Board of Appeals or by a
court of record on application and on notice to the Zoning Administrator,
and on due cause shown.
(4)
Time limit for filing an appeal. Any appeal under the provisions of this section shall be made per the requirements of Subsection (5), below, within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal said interpretation.
(5)
Application requirements. An application of an appeal of a zoning
interpretation shall contain the following (digital files should be
submitted whenever possible):
(6)
Review by the Zoning Administrator.
(a)
The Zoning Administrator shall determine whether the application
is complete and fulfills the requirements of this Title 5. If the
application is determined to be incomplete, the Zoning Administrator
shall notify the applicant.
(b)
The Zoning Administrator shall review the application and evaluate
and comment on the written justification for the requested appeal
to the Zoning Board of Appeals as submitted by the applicant. The
Zoning Administrator shall also evaluate the application to determine
whether the requested is in harmony with the Comprehensive Plan or
other relevant plans.
(c)
The Zoning Administrator shall forward a report to the Zoning
Board of Appeals for review and action. If the Zoning Administrator
determines that the proposal may be in conflict with the provisions
this Title 5 or the Comprehensive Plan or other relevant plans, the
Zoning Administrator shall note this determination in the report.
(7)
Public hearing. Within 60 days of filing of a complete application, the Zoning Board of Appeals shall hold a public hearing in compliance with § 5-10-21 to consider the request.
(8)
Review and action by the Zoning Board of Appeals.
(a)
Within 60 days after the filing of the complete application,
the Zoning Board of Appeals shall make its findings. The Zoning Board
of Appeals may request further information and/or additional reports
from the Zoning Administrator and/or the applicant. The Zoning Board
of Appeals may take final action on the application for appeal at
the time of its initial meeting, or may continue the proceedings at
applicant's request. Said final action shall be followed by a written
report or minutes which shall include a formal finding of facts developed
and approved by the Zoning Board of Appeals concerning the request.
(b)
If the Zoning Board of Appeals fails to make a determination
within 60 days after the filing of said complete application, then
the request for the appeal shall be considered denied.
(9)
Effects of denial. No application for an appeal which has been denied
(either wholly or in part) shall be resubmitted for a period of 365
days from the date of said order of denial, except on grounds of new
evidence or material change of circumstances found valid by the Zoning
Administrator.
(10)
Limited effect on a favorable ruling on an appeal.
(a)
No ruling by the Zoning Board of Appeals on an appeal finding
a particular land use to be permitted or conditionally permitted in
a specified zoning district shall be valid for a period of more than
365 days from the date of issuance of the ruling on the appeal, unless
a building permit is issued and development is actually begun within
that period, and is thereafter diligently pursued to completion, or
a certificate of occupancy is obtained and development commenced within
that period.
(b)
A ruling by the Zoning Board of Appeals on an appeal finding
a particular land use to be permitted or conditionally permitted in
a specified zoning district shall be deemed to authorize only that
particular use at that particular location for which the ruling was
issued. The ruling shall not be deemed to authorize any allegedly
similar use for which a separate ruling has not been issued. A favorable
ruling shall automatically expire and cease to be of any force or
effect if the particular use for which it was issued shall, for any
reason, be discontinued for a period of 365 consecutive days or more.
Determinations necessary for administration and enforcement
of performance standards set forth in this chapter range from those
which can be made with satisfactory accuracy by a reasonable person
using normal senses and no mechanical equipment, to those requiring
great technical competence and complex equipment for precise measurement.
It is the intent of this Title 5 that:
(1)
Where determinations can be made by the Zoning Administrator using
equipment normally available to the City or obtainable without extraordinary
expense, such determinations shall be so made before notice of violations
is issued.
(2)
Where technical complexity or extraordinary expense makes it unreasonable
for the City to maintain the personnel or equipment necessary for
making difficult or unusual determinations, procedures shall be available
for causing corrections or apparent violations of performance standards,
for protecting individuals from arbitrary, capricious, and unreasonable
administration and enforcement of performance standard regulations,
and for protecting the general public from unnecessary costs for administration
and enforcement.
(a)
The Zoning Administrator shall give written notice to the person
or persons responsible for the alleged violations. The notice shall
describe the particulars of the alleged violation and the reasons
why the Zoning Administrator believes there is a violation in fact,
and shall require an answer or correction of the alleged violation
to the satisfaction of the Zoning Administrator.
(b)
The notice shall state that failure to reply or to correct the
alleged violation to the satisfaction of the Zoning Administrator
within the time limit set constitutes admission of violation of the
terms of this Title 5. The notice shall further state that upon request
of those to whom it is directed, technical determination as described
in this Title 5 will be made, and that if violations as alleged are
found, costs of such determinations shall be charged against those
responsible for the violation, in addition to such other penalties
as may be appropriate, but that if it is determined that no violation
exists, the cost of the determination will be paid by the City.
(1)
Violation of this Title 5. It shall be unlawful to construct or use
any land, engage in any development activity, or construct or use
any structure, land or water in violation of any of the provisions
of this Title 5, or otherwise neglect, refuse or fail to comply with
this Title's requirements.
(3)
Promulgated correction of violation. In addition to any other penalty
imposed for a violation of the provisions of this Title 5, the City
reserves and maintains the continued right to abate violations of
this Title 5. Costs associated with said abatement shall be charged
to the owner of the property on which said violation has occurred.
Fees for procedures and permits shall be established and amended
by the Common Council.