Village of Greenville, WI Planning Commission

Proposed text amendments may be initiated by the Board, Planning Commission, property owner, or resident of Greenville.

Proposed map amendments may be initiated by the Board, Planning Commission, or the owner or owner's designated agent of the particular property to be rezoned.

Procedures.

A preconsultation meeting shall be required with the Community and Economic Development Director or designee to discuss the request and provide guidance to the property owner/applicant.

(a)

Map amendment. An application for a map amendment shall include a concept plan identifying the proposed use and development of the property.

(b)

Text amendments. An application for a text amendment shall include a written description of the amendment.

Public hearing. A public hearing shall be set within 60 days of filing a complete application to come before the Planning Commission. A Class 2 notice pursuant to Chapter 985, Wis. Stats. shall be published specifying the date, time and place of the hearing and the matters to come before the Planning Commission. Notice shall be mailed to all property owners in compliance with Chapter 99, Citizen Participation, for map amendments only.

Action by the Planning Commission. The Planning Commission shall consider, report, and make recommendations to the Board.

Action by the Board. The Board shall approve amendments by written ordinance. Procedures shall be in accordance with § 62.23(7), Wis. Stats. If the Board approves an amendment, it becomes effective upon passage and publication.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

AGD-FP General Agricultural Farmland Preservation Overlay District. If property is to be rezoned out of the AGD-FP General Agriculture Farmland Preservation Overlay District, it shall comply with Wis. Stats., § 91.48(1). Greenville shall, by March 1 of each year, provide a report in compliance with Wis. Stats., § 91.48(2) identifying the number of acres removed from AGD-FP.

Reapplication period. The Planning Commission will not consider any application of a property owner or owner's designated agent for a Zoning Map amendment within a one-year period following a denial of the same request by the Board, except the Planning Commission may permit a new application if the request is significantly altered or at the discretion of the Community and Economic Development Director or designee for a different zoning district or for amended property boundaries.

§ 320-205 Special exceptions.

A special exception is a use or structure that may not be appropriate generally or without restriction throughout a district, but, if controlled as to number, area, location, or relation to neighborhood, would promote the public health, safety, welfare, comfort, convenience or the general welfare. Such uses or structures may be permissible in a zoning district as a special exception only if specific provision for such use or structure is made in the district. A special exception shall not be issued for any use or structure without compliance with this chapter. Reference: § 320-302, definition of "special exception"; § 320-501C; § 320-504K, Certified Survey Map; § 320-504O(1)(c)[2]; § 320-504Q; § 320-504Z; § 320-521C; § 320-713A.

Procedure.

Applications for a special exception shall be submitted to the Community and Economic Development Department.

A site plan, in compliance with this chapter, is required for applications for a special exception, and it shall be submitted simultaneously with the application. There may be instances where a site plan is not required; in those instances, the Community and Economic Development Director or designee shall have the discretion to determine if a site plan is required and what level of detail is required to be submitted based on existing site conditions and if physical site or building improvements are required or being proposed.

The application may also be accompanied by any other material or information necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of these zoning regulations and will not be injurious to the neighborhood or otherwise detrimental to the public interest. The Community and Economic Development Director shall refer all applications and accompanying materials to the Planning Commission.

Public hearing. A public hearing shall be set within 60 days of filing a complete application to come before the Planning Commission. A Class 2 notice pursuant to Chapter 985, Wis. Stats., shall be published specifying the date, time, and place of the hearing and the matters to come before the Planning Commission. Notice shall be mailed to all property owners in compliance with Chapter 99, Citizen Participation.

Approval, conditions, and safeguards. Standards for granting special exceptions. Special exceptions shall be recommended by the Planning Commission and approved by the Board when all of the following conditions prevail. Reference: § 320-205D(1).

The establishment, maintenance, or operation of the special exception will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare of the community.

The special exception will not be injurious to the uses of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is to be located.

The proposed use will not create a look of clutter, garishness, glare, or create an obnoxious noise level, or would generate any other incompatibility with the surrounding neighborhood.

The impact of the use is furthering the purposes of this chapter or the purposes of the zoning district in which the use is proposed or the adopted Comprehensive Plan.

(5)

The establishment of the special exception will not impede the normal and orderly development and improvement of the surrounding property.

(6)

Adequate facilities, access roads, drainage, and/or necessary services will be provided.

(7)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(8)

If the special exception involves a public use or a use providing public utility service, such use or service shall meet a demonstrable public need and provide a public benefit.

(9)

The requirements of this chapter are met.

(10)

It is consistent with the Comprehensive Plan.

Conditions, guarantees, and validity period.

Prior to the granting of any special exception, the Planning Commission may recommend, and the Board may place such conditions and restrictions as is deemed necessary for the protection of the public interest and to secure compliance with the standards specified in § 320-205C. Where special exceptions are subject to conditions, the Planning Commission may recommend, and the Board may require evidence and guarantees as it may deem necessary (as proof the stipulated conditions are being and will be complied with).

A special exception shall become effective upon approval by the Board by written resolution, and all conditions shall be complied with. A record of the special exception shall be kept in the Clerk's files.

If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or those imposed by the Board, the Board shall grant the special exception. Any condition imposed must be related to the purpose of the ordinance and be based on substantial evidence. Substantial evidence is defined in § 62.23(7)(de)2a of the Wisconsin Statutes as facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

The requirements and conditions must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit's duration, transfer, or renewal. The applicant must demonstrate that the application and all requirements and conditions established by Greenville relating to the special exception are or shall be satisfied, both of which must be supported by substantial evidence. Greenville's decision to approve or deny the permit must be supported by substantial evidence.

Inspection and completion. Reference: § 320-215B(2); § 320-215B(3).

All conditions and improvements required as part of the special exception approval shall be complied with and completed/installed within three months of occupancy of the building or structure unless occupancy/completion occurs between November 1 and May 1, in which case improvements shall be completed no later than July 1 of the following year.

If no building or structure is constructed as part of the project, all improvements required in this chapter shall be completed/installed within 12 months of issuance of an erosion control/stormwater permit.

If no erosion control/stormwater permit is required, all conditions shall be completed within 12 months of approval of the special exception approval.

Within 30 days of the completion, the owner/developer shall request an inspection of the improvements to verify compliance with the approved special exception, and record drawings shall be submitted in a format as required by Greenville. A zoning occupancy permit shall be issued per § 320-215, Zoning occupancy certificates, upon all improvements being completed and record drawings being submitted.

Expiration. Reference: § 320-214E.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

If a building permit is required, the special exception approval shall expire if the building permit is not obtained within 12 months of special exception approval.

If a building permit is not required, but an erosion control/stormwater permit is required, the special exception approval shall expire if the erosion control/stormwater permit is not obtained within 12 months of special exception approval.

If a building permit and erosion control/stormwater permit are not required, the special exception approval shall expire if all required improvements and/or conditions are not installed/met within 12 months of special exception approval.

Once granted, a special exception shall remain in effect as long as the conditions upon which the permit was issued are followed, but Greenville may impose conditions, such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in this chapter or by the Planning Commission or Board.

(5)

Amendments. A minor change to a special exception shall be requested by the applicant, in writing, to be reviewed and voted on by the Planning Commission; no fee shall be charged. If it is determined the modification is a major change, the applicant shall be required to file a new special exception permit application with applicable fees.

(6)

Existing special exceptions. Any use or structure existing on the effective date of adoption or amendment of this chapter which is classified as a special exception in the district it is located in shall be deemed to have been granted approval, subject to maintaining the character and extent of such use or structure existing on that date. Any extension, enlargement, or change in such use or structure shall require approval according to the terms of this chapter.

(7)

Records and decisions. The Planning Commission and Board shall keep a record of its proceedings under this section, and shall be filed immediately as public records. Every final decision under this section shall be in a written resolution approved by the Board, accompanied by findings of fact based on the record.

Appeal. If a special exception request is denied, the decision may be appealed to the Circuit Court.

§ 320-206 Planned unit development (PUD).

Reference: Table 320-503-1.[1]

Intent. This overlay is intended to encourage quality and desirable development by allowing for greater flexibility and design freedom than permitted under other zoning district regulations. These regulations are established to permit and encourage mixed-use; create diversification, variation and imagination in the layout of development; encourage the preservation of open space; and encourage more rational, economic development with respect to the provision of public services. Reference: § 320-206D(1)(a).

Definition. "Mixed-use" shall be defined as a development practice blending two or more land uses either within a single building (vertical mixed-use) or multiple buildings/uses across a single parcel, a street/block or entire neighborhood (horizontal mixed-use) and is considered pedestrian-friendly and walkable when at a street/block or neighborhood level and incorporates common neighborhood design principals as identified in the Comprehensive Plan. Reference: § 320-206D(1)(b).

Applicability and procedure.

A preapplication meeting shall be required with the Community and Economic Development Department.

Once the preapplication meeting has been held, a planned unit development concept plan application shall be submitted to the Community and Economic Development Department. Upon plan submittal, the Community and Economic Development Director or designee shall schedule a meeting with the Planning Commission to review the plan. The plan shall be reviewed against the requirements of the Municipal Code, this chapter, and consistency with the Comprehensive Plan.

The Planning Commission shall review the plan and either recommend approval or denial to the Board or postpone action until the plan has been modified based on the recommendations of the Planning Commission.

Upon the Board receiving a recommendation from the Planning Commission, the Board shall approve or deny the plan or postpone action on the plan until it has been modified.

(5)

Upon approval of the concept plan, the applicant shall submit an application for a special exception for planned unit development, in compliance with § 320-205, Special exceptions, along with any other applicable zoning and development application requests that may be required.

(6)

Expiration. The concept plan shall expire if required approvals (special exception, rezoning, platting/CSM and/or site plan or any other applicable approvals) are not obtained within 12 months of the concept plan approval.

Regulations.

Planned unit developments. Planned unit developments shall meet the following standards:

(a)

Meet the planned unit development intent per § 320-206A.

(b)

Meet the definition of "mixed-use" per § 320-206B.

(c)

Have at least two or more land uses as permitted in Table 320-503-1.[2]

[2]

Editor's Note: Table 320-503-1 is included in § 320-503.

(d)

Be a minimum of five acres in size.

(e)

Be consistent with the Comprehensive Plan.

All regulations within the Greenville Municipal Code shall be complied with except Part 320-500, District Regulations, Part 320-600, Site Development Regulations, and Part 320-700, Signs, may be modified and shall be proposed during the concept plan approval process and shall be approved as part of the special exception approval for the planned unit development.