The purpose of this article is to establish responsibilities
for the administration of this chapter, and the enforcement procedures
and penalties for noncompliance with the provisions of this Zoning
Ordinance. The purpose of this article is also to establish procedural
requirements for zoning text amendments, zoning map amendments, and
various development approvals under this chapter, including but not
limited to conditional use permits, temporary use permits, variances,
certificates of occupancy, and site plan review and approval.
The following activities do not require review or approval by
the City under this chapter.
A.
Official public information street graphics installed by or at the
direction of a governmental unit.
B.
The maintenance or improvement of a public road or railroad track
within the boundaries of the right-of-way.
C.
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 Building/Zoning Inspector is hereby designated as the administrative
and enforcement officer(s) for the provisions of this chapter. The
general duty of the Building/Zoning Inspector is to interpret and
administer this chapter. Examples of duties include:
A.
Maintain records of this chapter, including, but not limited to,
all maps, amendments, conditional uses, temporary uses, site plans,
planned developments, Campus Master Plans, occupancy permits, variances,
appeals, interpretations, and applications thereof.
B.
Receive, review, analyze, and develop written reports on all applications
for amendments to this chapter, zoning map amendments, conditional
use permits, temporary use permits, land use permits, site plans,
special area design review, planned developments, interpretations,
variances, appeals, violations and penalties, sign permits, or other
development matters.
C.
Serve as staff to the Plan Commission, Board of Zoning Appeals, and
other boards and commissions as assigned.
D.
Issue land use permits when the requirements of the chapter have
been met, and make and maintain records thereof.
E.
Along with any authorized agent, issue citations for the enforcement
of this chapter.
F.
Coordinate official development review processes among government
offices to the extent feasible.
G.
Conduct inspections to determine compliance with the terms of this
chapter and to take remedial action when required.
I.
Investigate all complaints made relating to the location of structures
and the use of structures, lands, and waters.
J.
Initiate, direct, and review, from time to time, a study of the provisions
of this title, and make reports of its recommendations to the City
Plan Commission not less frequently than once a year.
A.
The Plan Commission, together with its other statutory duties, shall make recommendations relating to the planning and development of the City to the City Council, other public officials, and other interested organizations and citizens. The Plan Commission is established in § 14-2 of the City of Jefferson Municipal Code.
B.
Except where they are the final step in the review process as established
by this chapter, the functions of the Plan Commission are recommendatory
to the City Council pursuant to guidelines set forth in this chapter
as to various matters, and, always being mindful of the intent and
purposes of this chapter.
C.
See Figure 300-10.20a for a summary of the Plan Commission’s
role in administering this chapter.
A.
The City 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 chapter. The City Council is established in Chapter 25 of the City of Jefferson Municipal Code.
B.
See Figure 300-10.20a for a summary of the City Council’s role
in administering this chapter.
A Board of Zoning Appeals is established to provide an appeal
procedure for persons who deem themselves aggrieved by decisions of
administrative officers in the enforcement of this chapter.
A.
The Board of Zoning Appeals is established in § 14-3 of the City of Jefferson Municipal Code. Refer to this chapter for provisions related to membership, functions, and duties of the Board.
B.
Powers. The Board of Appeals shall have the powers established in
Wis. Stats. § 59.694(7). Examples of such powers include:
(1)
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 Building/Zoning Inspector.
(2)
Authorize variances. To authorize upon appeal in specific cases
such variance from the terms of this chapter as will not be contrary
to the public interest where, owning to special conditions, a literal
enforcement of the provisions of this chapter will results in practical
difficulty or unnecessary hardship, so that the spirit of the chapter
shall be observed, public safety and welfare secured, and substantial
justice done.
(3)
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 chapter.
(4)
Interpret ordinances. Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter as shown on the Official Zoning Map where the actual street layout on the ground varies from the street layout on the aforesaid map.
(5)
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 chapter would present a reasonable or sensible arrangement
of structures on the lot.
(6)
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
chapter.
C.
See Figure 300-10.20a for a summary of the role of the Board of Zoning
Appeals in administering this chapter.
See Chapter 14 of the City of Jefferson Municipal Code for the powers and duties of the Police and Fire Commission, Board of Health, Parks and Recreation Commission, Library Board, Museum Board, Vocational School Committee, Utilities Commission, Cable Television Local Access Commission, Landscape Committee, LMI Revolving Loan Fund Review Committee, and Energy Independence Initiative Committee.
A.
Review procedures vary depending on the type of request; however,
procedures within this article generally adhere to three common elements:
B.
Figure 300-10.20a summarizes the procedures, agencies, and personnel involved in the various procedures authorized by this chapter. Detailed zoning procedures are discussed in §§ 300-10.30 through 300-10.53 of this article. Figure 300-10.20a is provided as a convenience for the City and general public. Where there are conflicts between the text of this chapter and Figure 300-10.20a, the text shall prevail.
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Figure 300-10.20a
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Key:
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RE = Review and evaluate
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IP = Issues permit
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RR = Review and recommend
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PH = Public hearing
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PM = Public meeting
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A = Final action
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Review and Approval Activities and Bodies
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|---|---|---|---|---|---|
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Application Process
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Staff
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Plan Commission
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City Council
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Board of Zoning Appeals
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Historic Preservation Commission
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Zoning Ordinance amendment (§ 300-10.30)
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RR
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PH, RR
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RE, A
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Zoning Map amendment (§ 300-10.31)
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PM1, RR
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PH, RR
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RE, A
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Conditional use permit (§ 300-10.32)
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PM1, RR
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RE, A
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Appeal only
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RR2
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Temporary use permit (§ 300-10.40)
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RE, IP
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Land use permit (§ 300-10.41)
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RE, IP
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Site plan (§ 300-10.42)
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RE, A
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Special area design review (§ 300-10.43)
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See § 300-10.43
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Planned unit development (§ 300-10.44)
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PM1, RR
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PH, RR
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RE, A
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Interpretation (§ 300-10.50)
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RE, A
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Appeal only
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Variance (§ 300-10.51)
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RR
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PH, RE, A
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Appeal (§ 300-10.52)
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RR
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PH, RE, A
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Violations and penalties (§ 300-10.60)
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RE, A
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Official mapping [Wis. Stats. § 62.23(6)]
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PM, RR
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PH, RR
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RE, A
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Land interest transfer
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RE, A
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Land division-CSM/no new lot (Chapter 70)
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RE, A
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Land division-CSM/new lot (Chapter 70)
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RR
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RE, A
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Land division-preliminary plat (Chapter 70)
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RR
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RR
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RE, A
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Land division-final plat (Chapter 70)
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RR
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RR
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A
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Design standard variance (§ 300-07.01)
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RR
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RE, A
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RR2
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Historic preservation: landmarking (Chapter 42)
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PM, RR
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RR
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RE, A
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PH, RR
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Historic preservation: certificate of appropriateness (Chapter
42)
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RE, A
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PH, A, Appeal Only
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PH, RE, A
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Planning document/plans
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PM, RR
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RR
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RE, A
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RR2
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Annexation (Wis. Stats. § 66.0217)
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RR
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PH, RR
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RE, A
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Attachment
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Refer to adopted agreement
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Street vacation/discontinuance (Wis. Stats. § 66.1003)
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RR
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RR
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PH, RE, A
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Floodplain map amendment (Chapter 30)
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Refer to Wisconsin DNR/FEMA
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Privilege in the right-of-way (Wis. Stats. § 62.23)
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RE, A
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RR
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RE, A
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Easement acceptance/release (Wis. Stats. § 62.23)
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RE, A
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RR
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RE, A
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Sign permit (Article IX)
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Refer to Article IX.
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Building permit
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RE, IP
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See Chapter 120 of the Municipal Code
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Certificate of occupancy (§ 300-10.42)
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RE, IP
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NOTES:
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This table is not exhaustive. Some procedures may not be covered
within this table.
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1
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If determined to be necessary by the Building/Zoning Inspector.
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2
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Historic Preservation Commission review and recommendation necessary
if site/building is locally landmarked, individually listed or part
of the State or National Register of Historic Places.
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In order to allow owners of property and other legitimately
interested parties to have a fair opportunity to be heard, adequate
notice shall be given of any public hearing required by the provisions
of this chapter.
A.
Notice of any public hearing which the Council, Plan Commission,
or Board of Zoning Appeals is required to hold under the terms of
this chapter shall specify the date, time, and place of hearing, and
the matter to be presented at the hearing.
B.
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.
C.
The notice of public hearing shall be published in a newspaper of
general circulation in the City of Jefferson before the public hearing,
as prescribed by state statutes or local ordinances.
D.
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.
A.
For certain more complicated proposals, a public meeting may be required.
Such meetings shall provide an opportunity for legitimately interested
parties to thoroughly examine the proposal 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.
B.
Where a public meeting is required, within 90 days of filing of a
complete application, the applicant 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.
The City can supply a list of property owners to the applicant upon
request.
(1)
The public meeting shall be held at a time and location that
an average member of the public can reasonably attend, as determined
by the Building/Zoning Inspector.
(2)
The Building/Zoning Inspector shall be notified of and invited
to the public meeting in order to assist the applicant and public
on the topic.
(3)
The public meeting shall be noticed in a manner consistent with
City requirements.
(4)
Meeting minutes and attendance shall be recorded. The meeting
invitation list, meeting minutes, attendance records, documents distributed
at the meeting, and presentation materials shall be provided to the
City.
(5)
The public meeting shall be held prior to review and action
by the Plan Commission.
(6)
Alternative to a public meeting. Instead of a public meeting,
notification by mail introducing and informing property owners within
100 feet of the subject property of the proposal may substitute for
a public meeting, if deemed appropriate by the Building/Zoning Inspector.
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed amendments to the provisions of this chapter.
Refer also to the requirements of Wis. Stats. § 62.23(7)(d).
B.
Initiation of request for amendment. Proceedings for an amendment
of this chapter may be initiated by one of the following four methods:
C.
Application requirements. An application to amend the regulations
of this chapter shall contain the following (digital files should
be submitted whenever possible, if applicable):
(1)
The section(s) of the current provisions of this chapter which
are proposed to be amended.
(2)
The text which is proposed to replace the current text.
(3)
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.
(4)
Any further information needed to facilitate appropriate review
and generation of a report to the Plan Commission and City Council.
D.
Review by the Building/Zoning Inspector.
(1)
The Building/Zoning Inspector shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
application is determined to be incomplete, the Building/Zoning Inspector
shall notify the applicant and the application will not be forwarded.
(2)
The Building/Zoning Inspector and City Engineer shall review
the complete application and evaluate whether the proposed amendment:
(b)
Advances the purposes of the general article in which the amendment
is proposed to be located.
(c)
Advances the purposes of the specific section in which the amendment
is proposed to be located.
(d)
Is in harmony with the Comprehensive Plan.
(e)
Maintains the desired overall consistency of land uses, land
use intensities, and land use impacts within the pertinent zoning
districts.
(f)
Addresses any of the following factors that may not be addressed
in the current zoning text:
[1]
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).
[2]
New methods of development or types of infrastructure.
[3]
Changing governmental finances to meet the needs
of the government in terms of providing and affording public services.
[4]
Any other factor deemed appropriate by the City.
(g)
The Building/Zoning Inspector shall prepare a written report addressing items in Subsection D(2), above, and forward said report to the Plan Commission for the Commission’s review and use in making its recommendation to the City Council. (If the Building/Zoning Inspector determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Building/Zoning Inspector shall note this determination in the report.)
E.
Public hearing. Within 90 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 300-10.21 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.
F.
Review and recommendation by the Plan Commission.
(1)
Within 60 days of the public hearing, the Plan Commission shall make its recommendations regarding the application. Said recommendation may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(2), above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.
(2)
If the Plan Commission fails to make a recommendation within 60 days of the public hearing, the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said recommendation from the Plan Commission shall not invalidate the proceedings or actions of the City Council. If a public hearing is necessary, the City Council shall provide notice per the requirements of § 300-10.21.
G.
Review and action by the City Council.
(1)
The City Council shall consider the recommendation of the Plan
Commission regarding the proposed amendment. The City Council may
request further information and/or additional reports from the Plan
Commission, Building/Zoning Inspector, the applicant, and/or any other
entity as it sees fit.
(2)
The City Council may refer the matter back to the Plan Commission.
In such cases, the City Council shall specify the issue(s) to be addressed
in further detail.
(3)
The City 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 City Council may approve the amendment as originally proposed,
may approve the proposed amendment with modifications, or may deny
approval of the proposed amendment.
(4)
If the City Council wishes to make significant changes in the
proposed text amendment, as recommended by the Plan Commission, the
procedure set forth in § 62.23(7)(d) of the Wisconsin Statutes
shall be followed prior to City Council action. Any action to amend
the provisions of proposed amendment requires a majority vote of the
City Council.
H.
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.
A.
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of the Official Zoning Map (rezonings).
B.
Initiation of request for amendment. Proceedings for an amendment of the Official Zoning Map may be initiated by one of the following four methods:
C.
Application. An application to amend the Official Zoning Map shall contain the following (digital files should be submitted whenever possible, if applicable):
(1)
A map of the subject property to scale depicting:
(a)
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.
(b)
All parcels numbers for the subject property.
(c)
Current zoning of the subject property and its environs, and
the jurisdiction(s) which maintains that control.
(d)
All lot dimensions of the subject property.
(e)
A graphic scale and north arrow.
(2)
Legal description of the property.
(3)
Written justification for the proposed Official Zoning Map amendment, including evidence that the application is consistent with the Comprehensive Plan.
(4)
Any further information needed by the Plan Commission to facilitate
the making of a comprehensive report to the Plan Commission and City
Council.
D.
Review by Building/Zoning Inspector.
(1)
The Building/Zoning Inspector shall determine whether the application
is complete. If the application is determined to be incomplete, the
Building/Zoning Inspector, shall notify the applicant and the application
will not be forwarded.
(2)
The Building/Zoning Inspector, shall review the complete application
and evaluate whether the proposed amendment:
(a)
Advances the purposes of this chapter as outlined in § 300-1.03 and the applicable rules of Wisconsin Department of Administration and the Federal Emergency Management Agency.
(b)
Is in harmony with the Comprehensive Plan.
(c)
Maintains the desired overall consistency of land uses, land
use intensities, and land use impacts within the pertinent zoning
districts.
(d)
Addresses any of the following factors that are not properly addressed on the current Official Zoning Map:
[1]
The designations of the Official Zoning Map are not in conformance with the Comprehensive Plan.
[2]
A mapping mistake was made, including the omission on the Official Zoning Map of an approved zoning map amendment.
[3]
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.
[4]
Growth patterns or rates have changed, creating the need for an amendment to the Official Zoning Map.
(3)
The Building/Zoning Inspector, shall prepare a written report addressing Subsection D(2), above, and forward said report to the Plan Commission for the Commission’s review and use in making its recommendation to the City Council. If the Building/Zoning Inspector, determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Building/Zoning Inspector, shall note this determination in the report.
E.
Public meeting.
(1)
If proposed development is expected to have significant impact
on other properties, the Building/Zoning Inspector, may require a
public meeting.
(2)
Where a public meeting is required, within 90 days of filing
of a complete application, the applicant 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.
The City can supply a list of property owners to the applicant upon
request.
(a)
The public meeting shall be held at a time and location that
an average member of the public can reasonably attend, as determined
by the Building/Zoning Inspector.
(b)
The Building/Zoning Inspector shall be notified of and invited
to the public meeting in order to assist the applicant and public
on the topic.
(c)
The public meeting shall be held prior to review and action
by the Plan Commission.
(d)
The public meeting shall be noticed in a manner consistent with
City requirements.
(e)
Meeting minutes and attendance shall be recorded. The meeting
invitation list, meeting minutes, attendance records, documents distributed
at the meeting, and presentation materials shall be provided to the
City.
(f)
Alternative to a public meeting. Instead of a public meeting,
notification by mail introducing and informing property owners within
100 feet of the subject property of the proposal may substitute for
the public meeting, if deemed appropriate by the Building/Zoning Inspector.
F.
Public hearing. Within 90 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 300-10.21 to consider the request.
G.
Review and recommendation by the Plan Commission.
(1)
Within 60 days of the public hearing, the Plan Commission may make a written report to the City Council and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(2), above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.
(2)
If the Plan Commission fails to make a report within 60 days after the filing of a complete application, the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the City Council. If a public hearing is necessary, the City Council shall provide notice per the requirements of § 300-10.21.
H.
Review and action by the City Council.
(1)
The City Council shall consider the recommendation of the Plan
Commission regarding the proposed amendment. The City Council may
request further information and/or additional reports from the Plan
Commission, Building/Zoning Inspector, the applicant, and/or any other
entity as it sees fit.
(2)
The City Council may approve the amendment as originally proposed,
may approve the proposed amendment with modifications, or may deny
approval of the proposed amendment.
(3)
If the City Council wishes to make significant changes in the proposed amendment to the Official Zoning Map, the procedure set forth in § 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to City Council action. Any action to amend the Official Zoning Map requires a majority vote of the City Council, except that in case of adverse recommendation by the Plan Commission or of a protest against such change signed and acknowledged by the owners of 20% of the frontage proposed to be changed or the frontage immediately in the rear thereof or directly opposite thereto, such amendment shall not be passed, except by a 3/4 vote of all members of the City Council. The City 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.
I.
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 Building/Zoning
Inspector.
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedure and requirements for the review and approval,
or denial, of proposed conditional uses.
B.
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.
C.
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.
D.
Application. An application for a conditional use permit should contain
the following (digital files should be submitted whenever possible,
if applicable):
(1)
A map of the subject property to scale depicting:
(a)
All lands for which the conditional use is proposed 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)
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.
(3)
A site plan of the subject property if proposed for development conforming to all requirements of § 300-10.43.
(4)
Written justification for the proposed conditional use demonstrating evidence that the application conforms to the findings described in Subsection H, is consistent with the Comprehensive Plan, and meets any additional standards required in the applicable zoning district.
(5)
Anticipated daily traffic, types and weights of vehicles, and
any provisions, intersection or road improvements or other measures
proposed to accommodate increased traffic. 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 City Engineer.
(6)
Compliance with stormwater and erosion control standards.
(7)
Anticipated noise, odors, dust, soot, runoff, pollution, exterior storage, vibration, glare, or lighting, and measures taken to mitigate impacts to neighboring properties. Refer to Article VI for all performance standards.
(8)
A listing of hazardous, toxic, or explosive materials stored
on site, and any spill containment, safety, or pollution prevention
measures taken.
(9)
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.
E.
Review by Building/Zoning Inspector.
(1)
The Building/Zoning Inspector shall determine whether the application
is complete. If the application is determined to be incomplete, the
Building/Zoning Inspector shall notify the applicant.
(2)
The Building/Zoning Inspector may coordinate review with other
City Departments.
(3)
The Building/Zoning Inspector shall review the complete application and evaluate the proposed conditional use against the findings listed in Subsection H, below.
(4)
The Building/Zoning Inspector shall prepare a written report addressing the items under Subsection H, below, to be forwarded to the Plan Commission for the Commission’s review. If the Building/Zoning Inspector determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Building/Zoning Inspector shall note this determination in the report.
F.
Public hearing. Within 45 days of filing of a complete application, the Plan Commission shall hold a public hearing in compliance with § 300-10.21 to consider the request. A public hearing may be held more than 45 days from the filing of the complete application when requested by the applicant in writing.
(1)
Statements of personal preferences or speculation not based
on substantial evidence must be disregarded by the Plan Commission. See Subsection G(2)(b). “'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.”
(Italic font will be used to highlight substantial evidence when it is used in the context of this section.)
(2)
Standards for testimony during a public hearing. All public hearing standards and procedures shall be followed in accordance with Subsection V below. During the Plan Commission hearing, due process for all interested parties must be provided and all witnesses providing testimony during said hearing must first be formally sworn in by the Plan Commission Chair.
G.
Review and action by the Plan Commission.
(1)
Information and expertise.
(a)
The Plan Commission may request further information and/or additional
reports from the Building/Zoning Inspector, applicant, and/or from
any other source.
(b)
Third party consultation. If necessary, expertise is not available
from City Staff, public academic institutions, or from appropriate
regional, state, or federal agencies, the committee may consult with
a third party to effectively evaluate a conditional use permit application.
The Building/Zoning Inspector, or his/her designee, will select the
consultant. The applicant for the conditional use permit shall bear
all reasonable costs and expenses associated with such consultation.
Applicants retain the right to withdraw a pending conditional use
permit application if they choose not to pay consultant fees.
(2)
Final action on conditional use permits.
(a)
The Plan Commission shall hear all substantial evidence regarding the proposed conditional use permit from staff, the applicant,
and the public during the public hearing.
(b)
Following the public hearing, staff shall compile all materials
presented to be documented in a report of preliminary recommended
findings. The report shall contain, at a minimum, all substantial
evidence presented in the public hearing, the recommended
findings, and the recommended motion to either approve the use as
originally proposed, approve the proposed conditional use with modifications
and/or conditions, or deny approval of the proposed conditional use.
(c)
In a subsequent meeting, the Plan Commission shall discuss the report of preliminary recommended findings and any conditions or changes with the applicant. At that time, the Plan Commission may take final action by resolution on the application to either approve the conditional use as originally proposed, approve the proposed conditional use with modifications and/or conditions, or deny approval of the proposed conditional use. See Subsection G(2)(i) below.
(d)
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. Stats. § 62.23(7)(de)1.b.
(e)
The conditions described under Subsection G(2)(a), above, must be reasonable and, to the extent practicable, measurable and may include conditions such as the permit’s duration, transfer, or renewal.
(f)
The applicant must demonstrate whether the application and all
requirements and conditions established by the City relating to the
conditional use are or will be satisfied, both of which must be supported
by substantial evidence per Subsection F(1).
(g)
All other participants in the review of the conditional use
permit, including but not limited to, the public, staff, Plan Commission,
elected officials, and consultants, shall offer substantial
evidence in their participation.
(h)
If an applicant for a conditional use permit meets or agrees
to meet all of the requirements and conditions specified in this Title
or those imposed by the Plan Commission, the City shall grant the
conditional use permit.
(i)
Final action by the Plan Commission shall consist of all of
the following:
[1]
The formal finding of facts related to the findings listed in Subsection H, below, approved by the Plan Commission concerning the request.
[2]
Description(s) of the substantial evidence that supports the Plan Commission’s overall decision to approve,
approve with conditions, or deny the request.
[3]
Description(s) of the substantial evidence that supports all of the condition(s) imposed by the City.
[4]
The City shall document these proceedings by any
of the following means: written minutes, video or audio recordings,
or written reports.
H.
Findings. In reviewing and taking final action on a proposed conditional
use permit, the Plan Commission shall consider whether the proposed
conditional use:
(1)
Is in harmony with the Comprehensive Plan.
(2)
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.
(3)
Maintains the desired consistency of land uses, land use intensities,
and land use impacts as related to the environs of the subject property.
(4)
The 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.
(5)
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.
I.
Conditions. The Plan Commission shall impose, at a minimum, the following
conditions on any conditional use permit:
(2)
The physical development and operation of the conditional use
must conform, in all respects, to the approved site plan, operational
plan and phasing plan.
(3)
All vehicles and equipment must access the site only at approved
locations identified in the site plan and operations plan.
(4)
If the County Highway, Public Works Department or City Engineer
determine that road intersection improvements are necessary to safely
accommodate the conditional use, the cost of such improvements shall
be borne by the landowner. Costs borne by the landowner shall be proportional
to the incremental increase in traffic associated with the proposed
conditional use.
(5)
The Building/Zoning Inspector or designee may enter the premises
of the operation in order to inspect those premises and to ascertain
compliance with these conditions or to investigate an alleged violation.
Zoning staff conducting inspections or investigations will comply
with any applicable workplace safety rules or standards for the site.
(6)
The owner must post, in a prominent public place and in a form
approved by the Building/Zoning Inspector, a placard with the approved
conditional use permit number, the nature of the operation, name and
contact information for the operator, and contact information for
the City.
(a)
The owner or operator must keep a copy of the conditional use
permit, including the list of all conditions, on the site, available
for inspection to the public during business hours.
(b)
Failure to comply with any imposed conditions, or to pay reasonable
City costs of investigation or enforcement of sustained violations,
may be grounds for revocation of the conditional use permit. The holder
of a conditional use permit shall be given a reasonable opportunity
to correct any violations prior to revocation.
(7)
Other conditions. In addition to the conditions listed above,
the Plan Commission may, at their discretion, impose any other conditions
as necessary to meet the findings above:
(a)
Expiration dates on conditional use permits, except for permits for communication towers under § 300-3.20. Continuation or extension of an expired conditional use requires reapplication and approval by the Plan Commission.
(b)
Limits on hours or days of operation, or number of events each
year.
(c)
Limits on numbers of employees.
(d)
Limits on numbers of total people, vehicles or animals on the
premises at any one time.
(e)
Limits on total quantity or volume of product on the premises
at any one time.
(f)
Limits on square footage of buildings or outdoor areas devoted
to the proposed use.
J.
Limited effect of approval.
(1)
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.
(2)
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.
K.
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 Building/Zoning
Inspector.
L.
Appeals of a Plan Commission decision shall be appealed to the Board
of Zoning Appeals.
(1)
Initiation of request for appeal. Proceedings for an appeal
to the Board of Zoning Appeals 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.
(2)
Enforcement actions. All enforcement actions related to the
subject property shall be held in abeyance upon appeal action of the
Board of Zoning Appeals.
(3)
Time limit for filing an appeal. Any appeal to the Board of Zoning Appeals under the provisions of this section shall be made per the requirements of Subsection L(4), 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.
(4)
Application requirements. An application for an appeal of a
Plan Commission decision shall contain the following (digital files
should be submitted whenever possible):
(5)
Review by the Building/Zoning Inspector.
(a)
The Building/Zoning Inspector shall determine whether the application
is complete and fulfills the requirements of this Title. If the application
is determined to be incomplete, the Building/Zoning Inspector shall
notify the applicant.
(b)
The Building/Zoning Inspector shall review the application and
evaluate and comment on the written justification for the requested
appeal to the Board of Zoning Appeals as submitted by the applicant.
The Building/Zoning Inspector shall also evaluate the application
to determine whether the requested appeal is in harmony with the Comprehensive
Plan.
(c)
The Building/Zoning Inspector shall forward a report to the
Board of Zoning Appeals for review and action. If the Building/Zoning
Inspector determines that the proposal may be in conflict with the
provisions this Title or the Comprehensive Plan, the Building/Zoning
Inspector shall note this determination in the report.
(6)
Review and action by the Board of Zoning Appeals.
(a)
Within 60 days after the filing of the appeal, the Board of Zoning Appeals shall make its findings. Such findings shall be based on the findings of Subsection H, above, and shall be based on substantial evidence. The Board of Zoning Appeals may request further information and/or additional reports from the Plan Commission, Building/Zoning Inspector, the applicant, and/or any other entity as it sees fit.
(b)
If the Board of Zoning Appeals fails to make a determination
within 60 days after the appeal, then the request for the appeal shall
be considered denied.
(7)
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.
(8)
Limited effect on a favorable ruling on an appeal.
(a)
No ruling by the Board of Zoning Appeals 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.
(b)
A ruling by the Board of Zoning Appeals 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. The
burden of proof shall be on the property owner to conclusively demonstrate
that the subject conditional use was operational during this 365-day
period of time.
M.
Revocation of an approved conditional use.
(1)
Upon approval, 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 § 300-10.42. 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.
(2)
Any conditional use found not to be in compliance with the terms of this shall be considered in violation of this Title 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 D through I, 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 H.
N.
Time limits on the development of conditional use.
(1)
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.
(2)
Failure to initiate development within this period shall automatically
constitute a revocation of the conditional use.
(3)
Prior to such a revocation, the applicant may request an extension
of this period. Said request shall require formal approval by the
Building/Zoning Inspector 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 multi-stage
development.
O.
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.
P.
Change of ownership. All requirements and conditions of the approved
conditional use shall be continued regardless of ownership of the
subject property.
R.
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 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.
S.
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,
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.
T.
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:
(1)
A particular aspect of the specific land use.
(2)
A particular aspect of the proposed operation (including, but
not limited to, operating hours).
(3)
A particular aspect of the proposed location.
(4)
A particular aspect of the proposed site design.
(5)
A particular aspect of the adjacent property or of the surrounding
environs.
(6)
Any other reason(s) the Plan Commission deems specifically relevant
and material.
U.
Successor conditional uses.
(1)
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:
(a)
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 § 300-3.10. Likewise, changing from a drive-through restaurant to a drive-through bank is not permitted, even though both are considered a drive-through under in-vehicle sales and service in § 300-3.10.
(b)
A change in the ownership of the subject property.
(c)
A change in the ownership of the business or other operator
of the land use.
(d)
Other changes explicitly identified in a previously issued conditional
use permit that are identified as acceptable successor conditional
uses.
(2)
Purpose. The purpose of these provisions is to create a process
that:
(3)
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
(i.e., peak traffic) 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.
V.
Conditional use permit hearing procedure.
(1)
Chairman. The chair of the Commission shall preside over the public hearing and may impose reasonable limitations on evidence or testimony, including but not limited to, reasonable time limits. The Commission shall not be bound by strict rules of evidence. However, any evidence not deemed sustainable evidence as defined in Subsection F(1), shall not be admissible. The City may appoint a hearing officer to assist the chair or to rule on evidentiary matters.
(2)
Any party participating during a public hearing must be sworn
in under oath by the Plan Commission Chairman. This includes the party’s
name and address.
(3)
Public hearing procedure:
(a)
The Plan Commission Chairman calls the meeting to order and
takes roll call of Plan Commission members in attendance.
(b)
Vote to approve, approve with changes, or deny the previous
meeting’s minutes.
(c)
The Plan Commission Chairman opens the public hearing.
(d)
City staff presents the application and related documents into
the record.
[1]
Plan Commission members ask questions of staff.
(e)
The applicant or representative provides a statement or presentation.
[1]
Plan Commission members and attendees ask questions
of the applicant.
(f)
Attendees provide testimony, if desired.
[1]
Plan Commission members and applicant ask questions
of the attendees providing testimony.
(g)
Applicant may offer a rebuttal to the attendee’s testimony.
(h)
After all testimony has been heard, the Plan Commission Chairman
closes the public hearing.
(j)
The Plan Commission Chairman calls a rollcall vote for the approval
or denial of the findings and conditions.
(k)
The Plan Commission Chairman calls a rollcall vote for the approval
or denial of the conditional use permit request.
A.
Purpose. The purpose of this section is to provide regulations that
govern temporary uses. All temporary uses are required to meet the
general requirements of this chapter and the requirements of the zoning
district in which the subject property is located.
B.
Review and approval by the building/zoning inspector. All temporary
uses require a temporary use permit. In order to address unforeseen
circumstances, the Building/Zoning Inspector may require an applicant
to submit materials including, but not limited to:
(1)
A map of the subject property to scale depicting:
(a)
All lands for which the temporary use is proposed 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 proposed temporary use describing
the type of activities, buildings, and structures proposed for the
subject property and their general locations.
(3)
A site plan of the subject property. Said site plan shall conform to any and all the requirements of § 300-10.43.
(4)
Additional information as may be required by the Building/Zoning
Inspector.
A.
Purpose. The purpose of this section is to determine compliance with
this chapter for any new land use, any change in land use, and any
development or land disturbing activity (e.g., structure, paving,
grading). The purpose of this section is also to determine if other
procedures are needed per the requirements of this article. A land
use permit may be waived if other application processes are necessary,
including some instances of building permits, site plans, and conditional
use permits.
B.
Applicability. A land use permit shall be required for any of the
following activities:
(1)
The establishment of a new use of a structure or land.
(2)
A change in type of use of a structure or land.
(3)
A material increase in the intensity of use of land, such as
an increase in the number of businesses, manufacturing establishments,
offices or dwelling units in a structure or on land.
(4)
Commencement of mining or excavation on a parcel of land.
(5)
Deposit of refuse, solid or liquid waste, junk, or fill on a
parcel of land.
(6)
Alteration of a shore, bank, or floodplain of a stream, lake,
pond, or artificial body of water.
C.
Application. Applications for a land use permit shall contain all
of the following, if applicable (digital files should be submitted
whenever possible, if applicable):
(1)
Name and address of the applicant, owner of the site, architect,
engineer, and contractor.
(2)
Description of the subject site by lot, block, and recorded
subdivision or by metes and bounds.
(3)
Address of the subject site.
(4)
Type of existing and proposed structure(s).
(5)
Existing and proposed operation or use of the structure or site.
(6)
Number of employees.
(7)
Zoning district within which the subject site lies.
(8)
Additional information as may be required by the City Engineer
or Building/Zoning Inspector.
D.
Action by Building/Zoning Inspector. A land use permit shall be granted
or denied by the Building/Zoning Inspector, in writing within 30 days
of the application, and the applicant shall post such permit in a
conspicuous place at the site. Any permit issued in conflict with
the provisions of the chapter shall be null and void.
E.
Time limits on land use permits. The work must begin within 365 days
of approval and be completed within 730 days. Time limits for conditional
use permits and variances may be established at the time of approval.
All other permits shall meet the timelines required at the time of
issuance as listed elsewhere in this chapter.
A.
A written statement issued by the Building/Zoning Inspector which
permits the use of a building or lot or a portion of a building or
lot and which certifies compliance with the provisions of this chapter
for the specified use and occupancy.
B.
No vacant land shall be occupied or used, except for agricultural
purposes, and no buildings hereafter erected or structurally altered
shall be occupied or used until a certificate of occupancy shall have
been issued by the Building/Zoning Inspector. A certificate of occupancy
is required for a change of type of occupancy or use of any building
or land.
(1)
Application for a certificate of occupancy. Application for
a certificate of occupancy shall be made coincident with the application
for a zoning permit. The application shall state the intended use
of the land or building.
(2)
Issuance. A certificate of occupancy shall be granted within
10 days after notification by the owner of completion of buildings
or structural alterations indicated in the land use permit, in accordance
with the plans submitted with the permit application and applicable
provisions of this chapter and the health and building laws and ordinances.
(3)
No fees shall be charged for a certificate of occupancy.
A.
Purpose. The purpose of this section is to specify the requirements
and procedures for the review and approval of site plan applications.
The provisions of this section are designed to ensure that proposed
land uses and development activity complies with the requirements
of this chapter.
B.
Site restrictions.
(1)
Establishment of grades. Every building hereafter erected, structurally
altered, or relocated shall be at a grade demonstrated by the applicant
to be in satisfactory relationship with the established grades, or
with the existing street grades where none are established, with particular
consideration for proper drainage and safe vehicular access.
(2)
Preservation of topography. In order to protect the property
owner from possible damage due to change in the existing grade of
adjoining lands, and to aid in preserving and protecting the natural
beauty and character of the landscape, no change in the existing topography
of any land shall be made which would:
(a)
Alter the existing drainage or topography in any way as to adversely
affect the adjoining property.
(b)
Except as authorized by City staff, the topography within five
feet of any property line at the commencement of any development shall
remain unchanged.
[1]
When land disturbing activities associated with
development occur within five feet of any property line, finished
grades in that area shall be restored to the topography in existence
before the land disturbing activity began. A positive slope of one-half
inch per one foot horizontal within five feet of the property line
is allowed to provide proper drainage away from a one- or two-family
residence.
[2]
The established grade of the adjoining property
shall determine the finished grade at the property line for any development.
The owner of the property under development bears the burden of proof
as to the established grade at the property line and the topography
within five feet of the property line.
[3]
The City Engineer is authorized to approve plans
that result in changes to the existing topography at and within five
feet of any property line if that plan would promote the purposes
of this chapter.
(3)
In no case shall any slope exceed the normal angle of slippage
of the material involved, and all slopes shall be protected against
erosion.
(4)
Unsuitable land. No land shall be used for structures erected
where the land is held by the Common Council to be unsuitable for
such use or structure by reason of flooding, concentrated runoff,
inadequate drainage, adverse soil or rock formation, unfavorable topography,
low percolation rate or bearing strength, erosion susceptibility or
any other feature likely to be harmful to the health, safety, prosperity,
aesthetics and general welfare of the community. The Plan Commission,
in applying the provisions of this section, shall, in writing, recite
the particular facts upon which it bases its conclusion that the land
is not suitable for certain uses. The applicant shall have an opportunity
to present evidence contesting such unsuitability if he so desires.
Thereafter, the Plan Commission may affirm, modify or withdraw its
determination of unsuitability.
(5)
Lot regulations.
(a)
All lots shall abut upon a public street, and each lot shall
have a minimum frontage and area as set forth in the Schedule of Regulations.
(b)
All principal structures shall be located on a lot, and only
one principal structure shall be located, erected or moved onto a
lot, except for planned area developments in accordance with the provisions
of this chapter, and industrial districts where multiple principal
structures may be allowed as a conditional use.
(c)
No zoning permit shall be issued for a lot which abuts a public
street dedicated to only a portion of its proposed width and located
on that side thereof from which the required dedication has not been
secured.
(6)
Private sewer and water. In any district where public sewerage
service is not available, the width and area of all lots shall be
sufficient to permit the use of an on-site sewage disposal system
designed in accordance with Ch. COMM 83, Wis. Adm. Code. In any district
where public water or sewerage service is not available, the lot width
and area shall be determined in accordance with Ch. COMM 83, Wis.
Adm. Code, but one-family dwellings shall be not less than 100 feet
or 20 acres, respectively.
C.
Applicability. Site plan review and approval shall be required for
changes to site characteristics in Subsection D(1) through (9), including
redevelopment, expansion, and new nonresidential development, and
residential development containing three or more units, except for
the following:
D.
Preapplication conference. Prior to formal submittal of a site plan
application, the applicant must confer with the Building/Zoning Inspector
and City Engineer, 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. A timetable for project review may also be discussed.
E.
Application. A site plan application may be considered complete if it contains all of the requirements of Subsection E(1) through (9), below, unless specific application requirements are waived in writing by the Building/Zoning Inspector and City Engineer. Maps depicting the following information shall be prepared (digital files should be submitted whenever possible, if applicable).
(1)
Written description of the intended project describing in reasonable
detail the following:
(a)
Name and complete contact information for the applicant, landowner,
developer, and project engineer or planner.
(b)
Development title.
(c)
Legal description and tax key number of the subject property.
(d)
Existing zoning district(s) and proposed zoning district(s),
if different.
(e)
Existing and proposed land uses.
(f)
Projected number of residents, employees, and/or daily customers.
(g)
Proposed number of dwelling units and density.
(h)
Demonstration of compliance with the applicable standards and
requirements of this chapter.
(i)
Demonstration of compliance with the City’s land dedication requirements in Chapter 294 of the City of Jefferson Municipal Code.
(j)
Demonstration of consistency with the Comprehensive Plan.
(l)
Indicate distance and information pertaining to the nearest
private or public well.
(m)
Any other information pertinent to adequate understanding of
the intended use and its relation to nearby properties.
(2)
A location map showing the subject property and illustrating
its relationship to the nearest street intersection.
(3)
Predevelopment site information. A map to scale shall depict
the following information:
(a)
The signature of the surveyor, engineer, or architect responsible
for site plan preparation along with revision dates.
(b)
Location of all existing structures within 50 feet of the property
boundaries.
(c)
Existing property lines and setback lines.
(d)
Existing structures and paved areas.
(e)
Existing right-of-way lines with bearings and dimensions clearly
labeled, including names of adjacent or surrounding streets.
(f)
Existing easements and utilities.
(g)
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.
(h)
Existing on-site soil classification.
(i)
The outer edges of all natural resource areas (i.e., floodplains,
shorelands, wetlands, drainageways, woodlands, steep slopes).
(4)
Proposed post-development site information. A map to scale shall
depict the following information:
(a)
Property lines and setback lines.
(b)
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.
(c)
Proposed right-of-way lines with bearings and dimensions clearly
labeled.
(d)
Proposed access points onto public streets and access drives
on the subject property, including driveway widths with flares on
driveway aprons to public streets.
(e)
Location of any existing and proposed sidewalks with grade elevations.
(f)
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.
(g)
Location of all proposed parking and traffic circulation areas,
including any proposed or existing stop signs in private driveways.
(h)
Location and configuration of all visibility triangles proposed
on the subject property.
(i)
Location and dimension of all loading and service areas on the
subject property.
(j)
Location of all outdoor storage areas and the design of all
screening devices.
(k)
Location of all rooftop, wall-mounted, and ground-mounted mechanical
equipment, and the design of all screening devices.
(l)
Location and type of all stormwater facilities and management approach to be employed and a copy of the proposed maintenance agreement. See § 232-13 for all requirements.
(m)
Location of snow storage areas, except for single-family and
two-family residential.
(n)
Proposed easement lines and dimensions with a key provided and
explained as to ownership and purpose. Easement documents governing
public access or cross access should be provided for review.
(o)
Location and size of all gas, electric, water, storm and sanitary
utilities serving the parcel.
(p)
Location, type, height, size, and lighting of all signage on
the subject property.
(q)
In the legend, include the following data for the subject property:
lot area, flood area, impervious surface area, impervious surface
ratio, and building heights.
(5)
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 § 300-8.20.
(6)
Grading and erosion control plan. Scaled drawing depicting existing and proposed grades, including retention walls and related devices, and erosion control measures. Written erosion control plan indicating pre-site disturbance elements, maintenance and inspection timing of same during construction, provisions for temporary stabilization during construction and final stabilization plan. See § 232-12 for all requirements.
(7)
Elevation drawings. Elevation drawings shall be to scale and
shall include the following information:
(a)
Elevations of proposed buildings or proposed remodeling of existing
buildings showing finished exterior treatment and all rooftop, wall-mounted,
and ground-mounted mechanical equipment.
(b)
Depict exterior materials, texture, color, and overall appearance.
(c)
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).
(8)
Photometric plan. The photometric plan shall be to scale and
shall include the following information:
F.
Review and approval.
(1)
The Building/Zoning Inspector and City Engineer shall determine
whether the site plan application is complete and fulfills the requirements
of this chapter. If the application is determined to be incomplete,
the City Engineer shall notify the applicant.
(2)
The City Engineer shall coordinate review of completed applications
with City Departments over a maximum three-week period. At the end
of three weeks, the City Engineer will confer with the Building/Zoning
Inspector and either place the item on the next Planning Commission
agenda or notify the applicant of deficiencies to correct before resubmittal.
G.
Adjustments to approved site plans.
(1)
The following adjustments may be approved administratively by
City staff and no additional process is necessary:
(a)
A proposed adjustment that would add to or relocate amenity
site elements which are not required such as additional non-required
landscaping.
(b)
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 non-required landscaping, or a non-required
paved area.
(2)
The following adjustments that alter the required components
of the approved site plan require a full site plan review process:
(a)
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.
(b)
A proposed adjustment that would expand and/or add any areas
of development (building or paving), whether required or optional.
(3)
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, an amended (in essence, a new) conditional use permit or specific
implementation plan is required.
(4)
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.
A.
Purpose and scope. The design standards of this chapter 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. Special area 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.
B.
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 300-10.44a below for a summary
of the processes.
|
Figure 300-10.44a
|
|
Process for Special Area Design Review
| ||||
|---|---|---|---|---|
|
KEY:
Yes = Step is required.
No = Step is not required
Maybe = Step may be required at the discretion of the Building/Zoning
Inspector.
| ||||
|
Procedure
|
Type of Proposal
| |||
|
Renovation1
|
Design2
|
Project3
| ||
|
1.
|
Consultation with Building/Zoning Inspector, 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 conditional use permit application
|
No
|
No
|
Yes
|
|
5.
|
Review and action by Building/Zoning Inspector
|
No
|
Yes
|
Yes
|
|
6.
|
Review and action by Plan Commission
|
No
|
Maybe
|
Yes
|
|
NOTES:
| |
|
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
|
(1)
Renovation review. Applications which involve only a renovation
of the exterior appearance of a property (such as repainting, re-roofing,
residing or replacing with identical colors, finishes, and materials),
as determined by the Building/Zoning Inspector, are considered a renovation
review and may proceed with the project; no additional processes are
required other than a building permit.
(2)
Design alteration review. Applications which involve a change
only in the exterior appearance of a nonresidential or multifamily
property (such as painting, roofing, siding, architectural component
substitution, fencing, paving, or signage), are considered design
alteration review and are subject to review and approval by the Building/Zoning
Inspector.
(a)
Procedure. Design Alteration Review proposals are subject to
the following procedures:
[1]
The Building/Zoning Inspector shall determine whether
the design alteration review application is complete and fulfills
the requirements of this chapter. If the application is determined
to be incomplete, the Building/Zoning Inspector, shall notify the
applicant.
[2]
The Building/Zoning Inspector shall coordinate
review with the City’s departments.
[3]
The Building/Zoning Inspector shall review and
approve or deny the application.
(b)
Application requirements. In addition to the application requirements
for site plan review, all applications for Design Alteration Review
shall be made to the Building/Zoning Inspector, 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 Building/Zoning Inspector:
[1]
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.
[2]
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.
[3]
A written description of the proposed modification,
including a complete listing of proposed components, materials, and
colors.
(c)
At his/her discretion, the Building/Zoning Inspector, may forward
the design alteration review application to the Plan Commission for
review and final determination.
(3)
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 Building/Zoning Inspector, and the Plan Commission.
The Building/Zoning Inspector shall serve as the liaison between the
applicant and the 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. The Plan
Commission shall serve as the final discretionary review body on aesthetics,
building design, and site design, and shall focus its review on the
application’s compliance with sound aesthetic, land use, site
design and economic revitalization practices. In part, this effort
shall be guided by the Comprehensive Plan and other area plans.
(a)
Procedure. Project review proposals shall follow procedures for conditional use permits; refer to § 300-10.32.
(b)
Application requirements. In addition to the application requirements
for conditional use permits, all applications for project review shall
be made to the Building/Zoning Inspector, 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 Building/Zoning Inspector:
[1]
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.
[2]
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.
[3]
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:
[a]
A title block indicating name and address of the
current property owner, developer and project consultants.
[b]
The date of the original plan and the latest date
of revision to the plan.
[c]
A north arrow and a graphic scale.
[d]
All property lines and existing and proposed right-of-way
lines with dimensions clearly labeled.
[e]
All existing and proposed easement lines and dimensions
with a key provided and explained as to ownership and purpose.
[f]
All existing and proposed buildings, structures,
and paved areas, including walks, drives, decks, patios, fences, utility
poles, drainage facilities, and walls.
[g]
All required building setback lines.
[h]
The location, type and size of all signage on the
site.
[i]
The location, type and orientation of all exterior
lighting on the subject property.
[j]
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.
[k]
The location of all outdoor storage areas.
[l]
The location and type of any green space areas.
[m]
The location of existing and proposed drainage
facilities.
[n]
In the legend, the following data for the subject
property: lot area, floor area, impervious surface area, impervious
surface ratio, and building height.
[4]
A detailed landscaping plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in Article VIII.
[5]
A written description of the proposed project,
including a complete listing of proposed components, materials, and
colors.
C.
Additional recommendations permitted under the special area design
review process.
(1)
The Building/Zoning Inspector and City Engineer are hereby authorized
to make recommendations for, or require modifications to, a proposed
application for renovation review, design alteration review, or project
review.
(2)
The Plan Commission is hereby authorized to make recommendations
for, or require modifications to, a proposed application for design
alteration review and project review.
(3)
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 for locally-recognized
landmarks, properties that contribute to a local, state, or national
historic district, or properties that are individually listed on the
local, state, or national register of historic places.
D.
Appeals. Appeals from the decisions of the Building/Zoning Inspector,
and Plan Commission may be made to the City Council per the provisions
of the Municipal Code.
A.
Purpose. The purpose of this section is to provide regulations which
govern the procedures for the review and approval or denial of proposed
planned unit developments.
B.
Initiation of request. Proceedings for approval of a planned unit
development may be initiated by any of the following:
C.
Procedure for planned unit development review. The procedure for zoning to a planned unit development (PUD) district shall follow the Zoning Map amendment procedure included in § 300-10.31, except that the planned unit development procedure shall be subject to the following additional requirements.
(1)
Pre-application conference. Prior to formal petition for zoning
to a PUD 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 for
processing. 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.
(2)
Concept plan review. Upon completion of the pre-application conference, described above, the applicant shall prepare a conceptual plan for review with the Plan Commission. 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 C(3), below).
(a)
The concept plan submittal shall include the following items
(digital files should be submitted whenever possible).
[1]
A location map of the subject property and its
vicinity.
[2]
A general written description of the proposed PUD,
including:
[a]
General project themes and images.
[b]
The general mix of dwelling unit types and/or land
uses.
[c]
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, landscaping surface
ratio, and/or other appropriate measures of density and intensity.
[d]
General treatment of natural features.
[e]
Relationship to nearby properties and public streets.
[f]
Relationship of the project to the Comprehensive
Plan.
[g]
Description of exceptions/base standard modifications
from the requirements of this chapter. 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.
[3]
A conceptual drawing of the site plan layout, including
the general locations of public streets and/or private drives.
[4]
The Plan Commission shall comment on, but not take
formal action, on the concept plan and inform the applicant to move
on to the next step in the PUD process, general development plan.
(b)
The Plan Commission may schedule a workshop as part of the concept
stage of a planned unit development review.
[1]
Where a workshop is required, prior to the conceptual
plan discussion at the Plan Commission, the applicant shall hold a
workshop to introduce and inform property owners within 300 feet of
the subject property of the proposal to solicit comments and address
concerns. The City can supply a list of property owners to the applicant
upon request.
[a]
The workshop shall be held at a time and location
that an average member of the public can reasonably attend, as determined
by the Building/Zoning Inspector.
[b]
The Building/Zoning Inspector shall be notified
of and invited to the workshop in order to assist the applicant and
public on the topic.
[c]
The workshop shall be held prior to action by the
Plan Commission.
[d]
The workshop shall be noticed in a manner consistent
with City requirements.
[2]
Meeting minutes and attendance shall be recorded.
The meeting invitation list, meeting minutes, attendance records,
documents distributed at the meeting, and presentation materials shall
be provided to the City.
(3)
General development plan review. The applicant shall submit
a general development plan (GDP) to the Building/Zoning Inspector
and City Engineer, for determination of completeness. Upon determination
of completeness by the City Engineer the GDP shall be placed on the
Plan Commission agenda for review. The GDP is the zoning step of the
planned development process and establishes a unique zoning district
for the property.
(a)
The GDP submittal shall include the following items (digital
files should be submitted whenever possible):
[1]
General location map of the subject site depicting:
[2]
Generalized site plan showing the pattern or proposed
land uses, including:
[a]
General size, shape, and arrangement of lots and
specific use areas.
[b]
Basic street pattern and pattern of internal drives.
[c]
General site grading plan showing preliminary road
grades.
[d]
Basic storm drainage pattern, including proposed
on-site stormwater detention.
[e]
General location of recreational and open space
areas, including designation of any such areas to be classified as
common open space.
[4]
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 Article VIII.
[5]
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.
[6]
General outline of property owner’s association,
covenants, easements, and deed restrictions.
[7]
A written description of the proposed planned unit
development, including:
[a]
General project themes and images.
[b]
The general mix of dwelling unit types and/or land
uses.
[c]
Approximate residential densities and nonresidential
intensities as described by dwelling units per acre, landscaping surface
area ratio, and/or other appropriate measures of density and intensity.
[d]
General treatment of natural features.
[e]
General relationship to nearby properties and public
streets.
[f]
General relationship of the project to the Comprehensive
Plan or other area plans.
[g]
Proposed exceptions from the requirements of this
chapter.
[8]
A Traffic Impact Analysis (TIA) that evaluates
the adequacy of the existing and proposed transportation system that
serves the Planned Unit Development may be required by the City, if
deemed necessary by the Building/Zoning Inspector.
[a]
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.
[b]
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.
(b)
The Plan Commission may waive submittal information listed above,
and/or may likewise require additional information beyond that listed
above.
(c)
If all required application materials are provided, the GDP
and SIP may be submitted and reviewed concurrently.
(d)
The process for review and approval of the GDP shall be identical to that for Zoning Map amendments per § 300-10.31.
(e)
A GDP shall not expire. All portions of an approved GDP not
initiated through granting of a building permit following final City
Council approval shall remain zoned PUD and the approved GDP shall
remain in place.
(4)
Specific implementation plan. Upon completion of the GDP review process, described above, the applicant shall submit a specific implementation plan (SIP) to the Building/Zoning Inspector, for determination of completeness. Upon determination of completeness by the Building/Zoning Inspector, the SIP shall be placed on the Plan Commission agenda for SIP review. The SIP is the detailed development review step of the Planned Development process. The approved SIP submittal establishes the final design of the project. Any proposal to vary from an approved SIP requires the approval on an amended SIP per all of the requirements of this Subsection C(4).
(a)
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).
[1]
An existing conditions map of the subject site
depicting the following:
[a]
All lands for which the planned unit development
is proposed and all other lands within 100 feet of the boundaries
of the subject site.
[b]
Current zoning of the subject property and all
abutting properties, and the jurisdiction(s) that maintains that control.
[c]
Existing utilities and recorded easements.
[d]
All lot dimensions of the subject site.
[e]
A graphic scale and a north arrow.
[2]
A SIP map of the proposed site showing at least
the following:
[3]
Proposed grading plan.
[4]
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.
[5]
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.
[6]
Engineering plans for all water and sewer systems,
stormwater systems, roads, parking areas, and walkways.
[7]
Signage plan for the project, 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) that may or may not vary from City standards or common practices.
[8]
Specific written description of the proposed SIP
including:
[a]
Specific project themes and images.
[b]
Specific mix of dwelling unit types and/or land
uses.
[c]
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.
[d]
Specific treatment of natural features, including
parkland.
[e]
Specific relationship to nearby properties and
public streets.
[f]
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.
[g]
A statement of rationale as to why PUD 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 PUD project.
[h]
A complete list of zoning standards that would
not be met by the proposed SIP and the location(s) in which such exceptions/base
standard modifications would occur.
[i]
Phasing schedule, if more than one development
phase is intended.
[9]
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.
[10]
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.
(b)
The Building/Zoning Inspector 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.
(c)
The process for review and approval of the SIP shall be identical to that for conditional use permits per § 300-10.32.
(d)
A SIP shall not expire. All portions of an approved SIP not
fully developed following final Plan Commission approval shall remain
zoned PUD and the approved SIP shall remain in place.
(5)
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:
(a)
The proposed planned unit development project is consistent
with the overall purpose and intent of this chapter.
(b)
The proposed planned unit 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.)
(c)
The proposed planned unit 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.
(d)
Adequate public infrastructure is or will be available to accommodate
the range of uses being proposed for the planned unit development
project, including but not limited to public sewer and water and public
roads.
(e)
The proposed planned unit development project will incorporate
appropriate and adequate buffers and transitions between areas of
difference land uses and development densities/intensities.
(f)
The proposed planned unit development project design does not
detract from areas of natural beauty surrounding the site.
(g)
The proposed architecture and character of the proposed planned
unit development project is compatible with adjacent/nearby development.
(h)
The proposed planned unit development project will positively
contribute to and not detract from the physical appearance and functional
arrangement of development in the area.
(i)
The proposed planned unit 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/base standard modifications
variation of any standard or regulation of this chapter.
(j)
For planned unit 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.
(6)
Changes or alterations. Any change of the PUD plans subsequent
to approval of the SIP shall be submitted to the Building/Zoning Inspector.
(a)
If the Building/Zoning Inspector, determines that the change
constitutes a substantial modification, the 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.
(b)
If, in the opinion of the Building/Zoning Inspector, such changes
do not constitute a substantial alteration of either the GDP or SIP,
the change may be accomplished by approval of the Building/Zoning
Inspector. Such approved changes or modifications shall be documented
and recorded in the official file of the City on the PUD.
A.
Purpose. The purpose of this section is to assign responsibility
for the official interpretation of the provisions of this chapter,
and to describe the required procedure for securing such interpretation.
B.
Initiation of request for an interpretation. Proceedings for an interpretation
may be initiated by any of the following four methods:
C.
Application. A zoning interpretation application contains all of
the following:
(1)
Clear indication of the text of this chapter for which the interpretation
is requested and the specific questions the applicant has regarding
said text.
(2)
If the requested interpretation relates to the application of
this chapter to a specific property, the additional following information
may be required (digital files should be submitted whenever possible):
(a)
A map of the subject property depicting:
[1]
All lands for which the interpretation is requested
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 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.
(3)
If the requested interpretation relates to the classification
or treatment of a particular land use under the provisions of this
chapter, a series of written responses to the following questions:
(a)
How is the subject land use in general harmony with the purposes,
goals, objectives, policies and standards of the City’s Comprehensive
Plan, this chapter, and any other plan, program, or ordinance adopted,
or under consideration (pursuant to official notice) by the City?
(b)
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?
D.
Review by Building/Zoning Inspector.
(1)
The Building/Zoning Inspector shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
application is determined to be incomplete, the Building/Zoning Inspector,
shall notify the applicant.
(2)
The Building/Zoning Inspector 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. The Building/Zoning Inspector may confer with other City staff,
City consultants, or other experts as necessary to evaluate the application
and proposed interpretation.
(3)
The Building/Zoning Inspector shall forward a report to the
applicant indicating the interpretation of the Building/Zoning Inspector.
If the Building/Zoning Inspector, determines that the proposal may
be in conflict with the provisions of the Comprehensive Plan, the
Building/Zoning Inspector, shall note this determination in the report.
E.
Standards for review. This chapter shall be interpreted in a manner
which is consistent with the purposes intended by the City Council
as noted in this chapter and the Comprehensive Plan. The intent of
the standards and supporting definitions of this chapter 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 chapter shall
proceed as follows:
(1)
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.)
(2)
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 chapter is to be prohibited.
(3)
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 chapter. 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 chapter. 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 chapter has the power to impose additional
restrictions or requirements.
(4)
This chapter has been carefully designed by the City 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 chapter should not substitute their own judgments for the legislative
acts of the City Council.
(5)
In addition to the applicant’s response to the questions required by Subsection E(1) through (4), above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:
(a)
No interpretation shall allow the establishment of any land use which was previously considered and rejected by the City 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.
(b)
No interpretation shall permit a land use listed as a use permitted by right, a special use, 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 Article II.)
(c)
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 Article II.)
(d)
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 Article II.)
F.
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 chapter.
These permits and approvals include, but are not limited to, required
site plans, special use permits, conditional uses, and certificates
of occupancy.
G.
Limitations on favorable land use interpretation.
(1)
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.
(2)
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.
A.
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 chapter as will not be contrary to the public
interest; where owing to special factors, a literal enforcement of
the provisions of this chapter would result in practical difficulty
or unnecessary hardship, so that the spirit of this chapter shall
be observed, public safety and welfare secured, and substantial justice
done; as provided for by Wis. Stats. § 62.23(7)(e)(7).
B.
Variance types. Variances from the regulations of this title shall
be granted by the Board of Zoning Appeals only in accordance with
the standards established in this section. Variances may be granted
only if the existing use of the building or property is a permitted
use in the district where the requested variance is located or a conditional
use for the activity has been approved by the City Council. Variances
may be granted only in the following instances and in no others:
(1)
Area variances. For an area variance, that strict compliance
with a zoning ordinance would unreasonably prevent the property owner
from using the property owner’s property for a permitted purpose,
or that strict compliance would render conformity with the zoning
ordinance unnecessarily burdensome, including the following:
(a)
To permit any yard or setback less than a yard or a setback
required by the applicable regulations;
(b)
To permit the use of a lot or lots for a use otherwise prohibited
solely because of the insufficient area or width of the lot or lots,
but in no event shall the respective area and width of the lot or
lots be less than 80% of the required area and width;
(c)
To permit the same off-street parking facility to qualify as
required facilities for two or more uses, provided that substantial
use of the facility by each user does not take place at approximately
the same hours of the same days of the week;
(d)
To reduce the applicable off-street parking or loading facilities
required by not more than one parking space or loading space, or 20%
of the applicable regulations, whichever number is greater;
(e)
To increase by not more than 25% the maximum distance that required
parking spaces are permitted to be located from the use served;
(f)
To increase by not more than 10% the maximum gross floor area
of any use so limited by the applicable regulations;
(g)
To permit a reasonable variation in the height restrictions
on fences; and
(h)
To permit reconstruction, remodeling or additions necessary
for the physical well-being of a person so handicapped as to make
the structure unsuitable in its present configuration for his safe
or reasonable use;
(i)
To permit a detached accessory building or structure to be constructed
to a height in excess of the principal building or structure;
(2)
Use variance. For a use variance, that strict compliance with
a zoning ordinance would leave the property owner with no reasonable
use of the property in absence of a variance.
(a)
To allow a principal land use not listed within the Zoning District
for the subject property where none of the allowed principal land
uses can be reasonably established.
C.
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.
D.
Application. Variance applications shall contain the following (digital
files should be submitted whenever possible, if applicable):
(1)
A map of the subject property depicting:
(a)
All lands for which the variance is proposed 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 site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of § 300-10.43.
(3)
Written description of the proposed variance, including evidence
that the application is consistent with the Comprehensive Plan.
E.
Review by the Building/Zoning Inspector.
(1)
The Building/Zoning Inspector shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
application is determined to be incomplete, the Building/Zoning Inspector,
shall notify the applicant.
(2)
The Building/Zoning Inspector, shall review the application
and prepare a written report including the following:
F.
Public hearing. Within 60 days of filing of a complete application, the Board of Zoning Appeals shall hold a public hearing in compliance with § 300-10.21 consider the request.
G.
Review and action by the Board of Zoning Appeals.
(1)
Within 60 days after the holding of the public hearing, the
Board of Zoning Appeals shall make its findings per the following
based on Wis. Stats. § 62.23(7)(e)7:
(a)
The variance will not be contrary to the public interest.
(b)
Substantial justice will be done by granting the variance.
(c)
The variance is needed so that the spirit of the ordinance is
observed.
(d)
Due to special conditions, a literal enforcement of the provisions
of the Zoning Ordinance will result in unnecessary hardship.
(e)
The variance will not allow any alteration of an historic structure,
including its use, which would preclude its continued designation
as an historic structure.
(f)
Additional standards:
[1]
Parcel-as-a-whole. The entire parcel, not just
a portion of the parcel, must be considered when applying the unnecessary
hardship test.
[2]
Self-imposed hardship. An applicant may not claim
hardship because of conditions which are self-imposed.
[3]
Circumstances of applicant. Circumstances of an
applicant such as growing family or desire for a larger garage are
not a factor is deciding variances.
[4]
Financial hardship. Economic loss or financial
hardship do not justify a variance.
[5]
Nearby violations. Nearby ordinance violations,
even if similar to the requested variance, do not provide grounds
for granting a variance.
[6]
Objections from neighbors. A lack of objections
from neighbors does not provide a basis for granting a variance.
(2)
The Board of Zoning Appeals may request further information
and/or additional reports from the Building/Zoning Inspector, and/or
the applicant. The Board of Zoning 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.
(3)
If the Board of Zoning Appeals fails to make a determination
within 60 days after said public hearing, then the request for the
variance shall be considered denied.
H.
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 Building/Zoning
Inspector.
I.
Limited effect of a variance. Where the Board of Zoning 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.
J.
Stay of proceedings. An application for a variance shall stay all
legal proceedings furthering enforcement of any provisions of this
chapter from which the applicant is requesting a variance, unless
the Building/Zoning Inspector certifies to the Board of Zoning 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/her 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 Board of Zoning Appeals, or by a court of record
on application, on notice to the Building/Zoning Inspector, and on
due cause shown. State law reference: § 62.23(7)(e)5., Wisconsin
Statutes.
A.
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 Building/Zoning Inspector, per § 300-10.50 as provided for by Wis. Stats. § 62.23(7)(e)(7).
B.
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 Building/Zoning Inspector.
C.
Stay of proceedings. An appeal shall stay all legal proceedings in
furtherance of the action appealed from, unless the Building/Zoning
Inspector certifies to the Board of Zoning 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 Board of Zoning Appeals
or by a court of record on application and on notice to the Building/Zoning
Inspector and on due cause shown.
D.
Time limit for filing an appeal. Any appeal under the provisions of this section shall be made per the requirements of Subsection E, below, within a period not exceeding 45 days from the date of issuance of the interpretation by the Building/Zoning Inspector. 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.
E.
Application requirements. An application of an appeal of a zoning
interpretation shall contain the following (digital files should be
submitted whenever possible):
F.
Review by the Building/Zoning Inspector.
(1)
The Building/Zoning Inspector shall determine whether the application
is complete and fulfills the requirements of this chapter. If the
application is determined to be incomplete, the Building/Zoning Inspector,
shall notify the applicant.
(2)
The Building/Zoning Inspector shall review the application and
evaluate and comment on the written justification for the requested
appeal to the Board of Zoning Appeals as submitted by the applicant.
The Building/Zoning Inspector shall also evaluate the application
to determine whether the requested is in harmony with the Comprehensive
Plan or other relevant plans.
(3)
The Building/Zoning Inspector shall forward a report to the
Board of Zoning Appeals for review and action. If the Building/Zoning
Inspector determines that the proposal may be in conflict with the
provisions this chapter or the Comprehensive Plan or other relevant
plans, the Building/Zoning Inspector shall note this determination
in the report.
G.
Public hearing. Within 60 days of filing of a complete application, the Board of Zoning Appeals shall hold a public hearing in compliance with § 300-10.21 to consider the request.
H.
Review and action by the Board of Zoning Appeals.
(1)
Within 60 days after the filing of the complete application,
the Board of Zoning Appeals shall make its findings. The Board of
Zoning Appeals may request further information and/or additional reports
from the Building/Zoning Inspector and/or the applicant. The Board
of Zoning 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 Board of Zoning Appeals concerning
the request.
(2)
If the Board of Zoning 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.
I.
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 Building/Zoning
Inspector.
J.
Limited effect on a favorable ruling on an appeal.
(1)
No ruling by the Board of Zoning 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.
(2)
A ruling by the Board of Zoning 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 article 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 chapter that:
A.
Where determinations can be made by the Building/Zoning Inspector,
using equipment normally available to the City or obtainable without
extraordinary expense, such determinations shall be so made before
notice of violations is issued.
B.
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.
(1)
The Building/Zoning Inspector 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 Building/Zoning Inspector believes there is a violation in
fact, and shall require an answer or correction of the alleged violation
to the satisfaction of the Building/Zoning Inspector.
(2)
The notice shall state that failure to reply or to correct the
alleged violation to the satisfaction of the Building/Zoning Inspector
within the time limit set constitutes admission of violation of the
terms of this chapter. The notice shall further state that upon request
of those to whom it is directed, technical determination as described
in this chapter 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.
A.
Violation of this chapter. 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 chapter, or otherwise neglect, refuse or fail to comply with
this chapter’s requirements. The following procedures will be
taken by the City in response to any violation of this chapter (all
steps shall be documented by the City):
(1)
Following the identification of the violation, the Building/Zoning
Inspector shall notify the property owner.
(2)
If no actions are taken by the property owner within 30 days
following the notice in above, the Building/Zoning Inspector shall
formally notify the property owner with a certified letter.
(3)
If no actions are taken by the property owner within 30 days following the certified letter notice in Subsection A(2) above, the City Attorney or Police Department shall formally notify the property owner with a certified letter.
(4)
If no actions are taken by the property owner within 10 days following the notice in Subsection A(3) above, the Police Department shall issue a citation to the property owner.
C.
Promulgated correction of violation. In addition to any other penalty
imposed for a violation of the provisions of this chapter, the City
reserves and maintains the continued right to abate violations of
this chapter. 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 City Council.
