There is hereby established a City Plan Commission for the City of Edgerton, which shall be appointed in accordance with § 14-7 of the City Code.
A. 
Designation. The Zoning Administrator or a designee of the Zoning Administrator is hereby designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the Zoning Administrator or a designee of the Zoning Administrator is to interpret and administer this chapter and to issue, after on-site inspection, all permits required by this chapter.
B. 
Duties. The provisions of this chapter shall be administered and enforced by the Zoning Administrator or a designee, who in addition thereto and in furtherance of said authority may:
(1) 
Determine that all detailed site analyses, building permits, certificates of occupancy, sign permits, site plans (and their constituent plans) comply with all provisions of this chapter.
(2) 
Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.
(3) 
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however he/she is refused entry after presentations of his identification, he/she may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats., conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.
(4) 
Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications therefore.
(5) 
Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered, or improved in the C-1 Overlay Districts.
(6) 
Receive, file and forward all applications for all procedures governed by this chapter to the designated official bodies.
(7) 
Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the City Attorney in a manner specified by him.
(8) 
Institute, in the name of the City of Edgerton, any appropriate actions or proceedings against a violator of this chapter, as provided by law.
(9) 
Prohibit the use or erection of any structure, land or water until he or she has inspected and approved such use or erection.
(10) 
Where useful, the Zoning Administrator, or his agent, may set marks on bridges or buildings or other markers which show the depth of the regional flood, or may set marks delineating the boundaries of wetlands.
(11) 
Request assistance and cooperation from the City Police Department and City Attorney as deemed necessary.
(12) 
Make available to the public, to the fullest extent possible, all reports and documents concerning the City's Comprehensive Master Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The City Council may set fees necessary to recover the cost of providing information to the public.
(13) 
The Zoning Administrator may designate a Deputy Zoning Administrator.
(14) 
Make interpretations regarding the provisions of this chapter per § 450-22.
(15) 
Grant minor variations from the dimensional [setback, height, and area requirements of this chapter, up to a maximum variation of 5% for setbacks and height limitations, and up to a maximum variation of 5% or 1,000 square feet for area requirements (whichever is less). so long as the spirit and intent of the performance standards are preserved.]
There is hereby established a Board of Zoning Appeals for the City of Edgerton for the purpose of hearing appeals and applications, and granting variances to the provisions of this chapter in harmony with the purpose and intent of this chapter. The Zoning Board of Appeals shall be organized in accordance with § 14-3 of this City Code.
No permit pertaining to the use of land, buildings or structures shall be issued unless the application for such permit has been examined by the Building Inspector and he has signed it indicating that the proposed use of land, buildings, or structures and any future proposed buildings or structures comply with all of the provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void. See § 192-6 of this chapter for building permit regulations.
A. 
Permits required. No permit pertaining to the use of land, buildings or structures shall be issued unless the application for such permit has been examined by the Building Inspector and he has signed it indicating that the proposed use of land, buildings, or structures and any future proposed buildings or structures comply with all of the provisions of this chapter. Any permit or certificate of occupancy issued in conflict with the provisions of this chapter shall be null and void. See § 192-6 of this Code for building permit regulations.[1]
[1]
Editor's Note: See Ch. 192, Building Construction, of the Code.
B. 
Land uses and development requiring a certificate of occupancy. Certificate of occupancy shall be required for any of the following:
(1) 
Occupancy and use of a building or structure hereafter erected or structurally altered.
(2) 
New occupancy and use of an existing building when the new use is of a different land use classification.
(3) 
Any occupancy and use of vacant land.
(4) 
New use of vacant land when the new use is of a different land use classification.
(5) 
Any change in the use of a nonconforming use. No such occupancy, use of or change of use shall take place until a certificate of occupancy therefor shall have been issued by the City Building Inspector.
C. 
Issuance of certificate of occupancy.
(1) 
Every application for a building permit shall also be deemed to be an application for a certificate of occupancy for a new building or for an existing building which is to be substantially altered or enlarged as determined by the Building Inspector. Such certificate shall be issued within 10 working days after a written request for the same has been made to the Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.
(2) 
Written application for a certificate of occupancy for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Building Inspector; if the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within 10 working days after the application therefor has been made.
(3) 
Every certificate of occupancy shall state that both the building, and the proposed use of building or land, substantially complies with all provisions of this chapter and the state building code.[2] A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.
[2]
Editor's Note: See also Ch. 192, Building Construction.
(4) 
The Building Inspector shall officially approve the application and an occupancy permit shall be subsequently issued to the applicant if the Building Inspector finds the following to be true; the building complies with all City ordinances and the Uniform Dwelling Code;[3] the crushed aggregate base course for the street (public or private) is installed allowing ingress and egress to the building; the City Engineer has approved the street improvements as being acceptable to allow ingress and egress to the building; and road right-of-way has been dedicated.
[3]
Editor's Note: See also Ch. 192, Building Construction.
D. 
Certificate of occupancy for legal nonconforming uses. Upon application, a certificate of occupancy shall be issued for all lawful nonconforming uses of land or buildings created by adoption of this chapter, or in existence at the effective date of this chapter. Application for such certificate of occupancy for nonconforming use shall be filed with the Building Inspector by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this chapter. It shall be the duty of the Building Inspector to issue a certificate of occupancy for a legal nonconforming use.
E. 
Termination of a certificate of occupancy. It shall constitute a violation of this chapter for any person, firm, corporation, or voluntary association, either owner or agent, to do any of the things mentioned in § 450-15B above, without having first obtained a certificate of occupancy. Any certificate issued upon a false statement of any fact which is material to the issuance thereof shall be void. Whenever the fact of such false statement shall be established to the satisfaction of the Building Inspector, he shall forthwith revoke the certificate of occupancy, by notice in writing to be delivered by him to the holder of the void certificate upon the premises where the violation has occurred, or if such holder be not found there, by mailing the said notice of revocation by certified letter to his last known address. Any person who shall proceed thereafter with such work or use without having obtained a new certificate of occupancy shall be deemed guilty of violation of this chapter.
F. 
Temporary certificates. Under such rules and regulations as may be established by the City Council, the Building Inspector may issued a temporary certificate of occupancy for part of a building.
G. 
Fee. A fee is required for this procedure. Refer to § 450-28, Fees.
A. 
Purpose.
(1) 
The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.
(2) 
Certain uses in situations which are of such a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulation, or conditions which would permit such determination in each individual situation, may be permitted as conditional uses.
(3) 
Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate, to the satisfaction of the City, that the proposed conditional use will not create major undesirable impacts on nearby properties, the environment, nor the community as a whole, as determined by the Plan Commission per § 450-16D(4).
B. 
Initiation of request for approval of a conditional use. Proceedings for approval of a conditional use may be initiated by an application of the owner(s) of the subject property.
C. 
Application requirements. All applications for proposed conditional uses shall be approved as complete by the Zoning Administrator prior to the initiation of this procedure. The item may be placed on any agenda as a discussion only item, with the permission of the Zoning Administrator, without an application. Said application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition:
(1) 
A map of the subject property showing all lands for which the conditional use is proposed. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2) 
A map of the subject property and all other lands within 250 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current tax records of the City of Edgerton. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided. (Note that this map may be provided by the City, at the discretion of the Zoning Administrator.);
(3) 
A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (Note that this map may be provided by the City, at the discretion of the Zoning Administrator.);
(4) 
A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations;
(5) 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23C. If the proposed conditional use is a group development, a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per § 450-23;
(6) 
As an optional requirement, the applicant may wish to provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in Subsection D(3)(a) through (f), below.
D. 
Review by the Zoning Administrator. The proposed conditional use shall be reviewed by the Zoning Administrator as follows:
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per Subsection C(1) through (6), above.
(3) 
The Zoning Administrator may also evaluate the application to determine whether the requested conditional use is in harmony with the recommendations of the City's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:
(a) 
How is the proposed conditional use (the use in general, independent of its location) in harmony with the purposes, goals, objectives, policies and standards of the City of Edgerton Master 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 proposed conditional use (in its specific location) in harmony with the purposes, goals, objectives, policies and standards of the City of Edgerton Master Plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the City;
(c) 
Does the proposed conditional use, in its proposed location and as depicted on the required site plan [see Subsection C(5), above], 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, either as they now exist or as they may in the future be developed as a result of the implementation of the provisions of this chapter, the Master Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide development;
(d) 
Does the proposed conditional use maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property;
(e) 
Is the proposed conditional use located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public agencies serving the subject property;
(f) 
Do the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use [as identified in Subsections D(3)(a) through (e), above], after taking into consideration the applicant's proposal and any requirements recommended by the applicant to ameliorate such impacts.
(4) 
The Zoning Administrator shall forward the report per Subsection D(2), and, if prepared, the report per Subsection D(3), to the Plan Commission for the Commission's review and use in taking action on the conditional use. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Master Plan, the Zoning Administrator shall note this determination in the report.
E. 
Review by the Plan Commission and public hearing:
(1) 
The Plan Commission shall schedule a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, or by agent, and/or by attorney. Notice of the proposed conditional use and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed conditional use per Subsection C(1) and (4) above. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant, to all property owners within 250 feet of the boundaries of the subject property as identified in Subsection C(2) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this subsection.
(2) 
Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make determination regarding the application as a whole. If the Plan Commission makes a favorable of an application, it shall state in the minutes and in a subsequently issued written conditional use permit, the following: that the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, as identified in Subsection D(3)(a) through (f), above, after taking into consideration the proposal by the applicant.
(3) 
If a favorable finding is made by the Plan Commission, the City staff shall prepare a written conditional use permit for Plan Commission review.
F. 
Final conditional use permit by the Plan Commission. The Plan Commission may request further information and/or additional reports from the Zoning Administrator, City staff and/or the applicant. The Plan Commission may take final action on the application at the time of its initial meeting, or may continue the proceedings at its discretion or at the applicant's request. The Plan Commission may approve the conditional use as originally proposed, may approve the proposed conditional use with modifications (per the recommendations of the Zoning Administrator, the applicant, other City staff, authorized outside experts, general public, or its own members) or may deny approval of the proposed conditional use. In all cases, the Plan Commission shall make findings regarding Subsection D, above. If the Plan Commission wishes to make significant changes in the proposed conditional use, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Plan Commission action. Any action to amend the provisions of the proposed conditional use permit requires a majority vote of the Plan Commission. The Plan Commission's approval of the proposed conditional use shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed conditional use.
G. 
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
H. 
Termination of an approved conditional use. Upon approval by Plan Commission, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 450-23. Once a conditional use is granted, no erosion control permit, site plan approval (per § 450-23), certificate of occupancy (per § 450-15), or building permit shall be issued for any development which does not comply with all requirements of this chapter. Any conditional use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the City Council, following the procedures outlined in Subsection B through G, above.
I. 
Time limits on the development of conditional use. The start of construction of any and all conditional uses shall be initiated within 365 days of their approval by Plan Commission and shall be operational within 730 days of said approval. Failure to initiate or complete development within this period shall automatically constitute a revocation of the conditional use. For the purposes of this section, "operational" shall be defined as complying with the conditions of the conditional use permit. Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by Plan Commission and shall be based upon a showing of acceptable justification (as determined by Plan Commission).
J. 
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.
K. 
Change of ownership. All requirements of the approved conditional use shall be continued regardless of ownership of the subject property. Modification, alteration, or expansion of any conditional use in violation as approved per Subsection F, above, without approval by Plan Commission, shall be grounds for revocation of said conditional use approval per Subsection H, above.
L. 
Recording of conditional use requirements. Except for conditional use approvals for temporary uses, all documents associated with the written description, the approved site plan, and the specific requirements of approval, and a memorandum referring to and stating the general purpose of the conditional use (along with a legal description of the subject property), shall be recorded by the City with the county register of deeds office.
M. 
Notice to the DNR. The Plan Commission shall transmit a copy of each application for a conditional use for conservancy regulations in the Shoreland-Wetland, Floodway, Floodplain, or Floodfringe Overlay Zoning Districts to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to conditional uses for shoreland-wetland conservancy regulations or to floodland regulations shall be transmitted to the DNR within 10 days of the date of such decision.
N. 
Fee. One or more fees are required for this procedure. Refer to § 450-28.
A. 
Purpose.
(1) 
The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed uses permitted by right with special requirements.
(2) 
Uses permitted by right with special requirements are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In order to prevent this from occurring, all uses permitted by right with special requirements are required to meet certain requirements applicable only to uses permitted by right with special requirements, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
(3) 
Land uses proposed which fail to meet one of the requirements for uses permitted by right with special requirements of § 450-17 may be reviewed as a conditional use, per § 450-16.
B. 
Regulations applicable to all uses permitted by right with special requirements. No public hearing is required to develop a use permitted by right with special requirements, however, a demonstration that the developer proposes to meet all requirements for uses permitted by right with special requirements of this chapter must be made at time of site plan application. Furthermore, no building permit shall be issued for any development which does not comply with all requirements of this chapter. Any use permitted by right with special requirements found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
C. 
Application requirements. All applications for proposed uses permitted by right with special requirements, shall be approved as complete by the Zoning Administrator prior to the proposed use permitted by right with special requirements. Said complete application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition.
(1) 
A map of the subject property showing all lands for which the use permitted by right with special requirements is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2) 
A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (Note: this map may be provided by the City, at the discretion of the Zoning Administrator.);
(3) 
A written description of the proposed use permitted by right with special requirements describing the type of activities, buildings, and structures proposed for the subject property and their general locations; and
(4) 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23.
D. 
Approval by the Zoning Administrator. Approval of a use permitted by right with special requirements shall be by the Zoning Administrator following review of said complete application per Subsection C above.
E. 
Fee. A fee is required for this procedure. Refer to § 450-28.
A. 
Purpose.
(1) 
The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of a proposed temporary use.
(2) 
Temporary uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except on a case by case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.
(3) 
Land uses proposed which fail to meet one of the requirements for temporary uses of § 450-18 may be reviewed as a conditional use, per § 450-16.
B. 
Regulations applicable to all temporary uses. No public hearing is required to develop a temporary use; however, a demonstration that the developer proposes to meet all temporary use requirements of this chapter must be made at time of site plan application. Furthermore, no building permit shall be issued for any development which does not comply with all requirements of this chapter. Any temporary use found not to be in compliance with the terms of this chapter shall be considered in violation of this chapter and shall be subject to all applicable procedures and penalties.
C. 
Application requirements. All applications for proposed temporary uses shall be approved as complete by the Zoning Administrator prior to the proposed temporary use. Said complete application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition.
(1) 
A map of the subject property showing all lands for which the temporary use is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2) 
A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (NOTE: this map may be provided by the City, at the discretion of the Zoning Administrator.);
(3) 
A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations; and
(4) 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23.
D. 
Approval by the Zoning Administrator. Approval of a temporary use shall be by the Zoning Administrator following review of said complete application per Subsection C above.
E. 
Fee. A fee is required for this procedure. Refer to § 450-28.
A. 
Purpose. The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed amendments to provisions of this chapter. [Refer to the requirements of Wisconsin Statutes § 62.23(7)(d).]
B. 
Initiation of request for amendment to this chapter. Proceedings for amendment of this chapter may be initiated by any one of the following three methods:
(1) 
An application by any member of the general public;
(2) 
A recommendation of the City staff or Plan Commission; or
(3) 
By action of the City Council.
C. 
Application requirements. All applications for proposed amendments to this chapter, regardless of the party of their initiation per Subsection B above, shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The item may be placed on any agenda as a discussion only item, with the permission of the Zoning Administrator, without an application. Said complete application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition.
(1) 
A copy of the portion of the current provisions of this chapter which are proposed to be amended, with said provisions clearly indicated in a manner which is clearly reproducible with a photocopier;
(2) 
A copy of the text which is proposed to replace the current text; and
(3) 
As an optional requirement, the applicant may wish to 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 recommendation of the City of Edgerton Master Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (e) below.
D. 
Review by the Zoning Administrator. The proposed text amendment shall be reviewed by the Zoning Administrator as follows:
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed text amendment provided in the application per Subsection C(1) through (3), above.
(3) 
The Zoning Administrator may also evaluate the application to determine whether the requested text amendment is in harmony with the recommendations of the City of Edgerton's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (e) below:
(a) 
How does the proposed text amendment further the purposes of this chapter as outlined in § 450-2.
(b) 
How does the proposed text amendment further the purposes of the general article in which the amendment is proposed to be located.
(c) 
How does the proposed text amendment further the purposes of the specific section in which the amendment is proposed to be located.
(d) 
Which of the following factors has arisen that are not properly addressed in the current zoning text:
[1] 
The provisions of this chapter should be brought into conformity with the Master Plan. (If a factor related to the proposed amendment, note pertinent portions of the Master Plan.);
[2] 
A change has occurred in the land market or other factors have arisen which require a new form of development, a new type of land use, or a new procedure to meet said change(s);
[3] 
New methods of development or providing infrastructure make it necessary to alter this chapter to meet these new factors;
[4] 
Changing governmental finances require amending this chapter in order to meet the needs of the government in terms of providing and affording public services.
(e) 
If the proposed text amendment is concerned with the provisions of Article IV and/or Article VIII, how does the proposed amendment maintain the desired overall consistency of land uses, land use intensities, and land use impacts within the pertinent zoning districts.
(4) 
The Zoning Administrator shall forward the report per Subsection D(2) and, if prepared, the report per Subsection D(3), to the Plan Commission for the Commission's review and use in making its final recommendation to City Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Master Plan, the Zoning Administrator shall note this determination in the report.
E. 
Review and recommendation by the plan commission. City Council shall not make an amendment to this chapter without allowing for a recommendation from the Plan Commission per the provisions of this subsection.
(1) 
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed text amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the proposed text change. If the proposed amendment to the zoning regulations has the effect of changing the allowable use of a property, the notice shall include either a map or a description of the property affected by the changes and a statement that a map may be obtained from the City. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2) 
Within 60 days after the public hearing, including on the night of the public hearing. (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the City Council, and/or shall state in the minutes, its findings regarding Subsection D above, and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (e), above.
(3) 
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection E(2), above], then the City Council may initiate Subsection F below within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection E(2), above, shall not invalidate the proceedings or actions of City Council. [§ 62.23(7)(d), Wis. Stats.]
(4) 
If the Plan Commission recommends approval of an application, it shall state in the minutes, or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed text amendment outweigh all potential adverse impacts of the proposed text amendment, as identified in Subsection D(3)(a) through (e) above, after taking into consideration the proposal by the applicant.
F. 
Review and action by City Council.
(1) 
City Council shall consider the Plan Commission's recommendation regarding the proposed text amendment. The Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant.
(2) 
The City Council shall follow the procedures for first and second reading of ordinances and resolutions per § 86-35 of the City of Edgerton City Code and shall not act upon the proposed text amendment until after the second reading of the proposed text amendment.
(3) 
The Council may take final action on the application following the second reading, or may continue the proceedings at the applicant's request. City Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. If the City Council wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Council action. Any action to amend the provisions of the proposed amendment requires a majority vote of the Council.
(4) 
When the City Council takes action on the application, it shall state in the minutes and/or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed text amendment outweigh, or do not outweigh, any and all potential adverse impacts of the proposed text amendment, as identified in Subsection D(3)(a) through (e) above, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission.
(5) 
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.
G. 
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
H. 
Fee. A fee is required for this procedure. Refer to § 450-28.
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. [Refer to the requirements of Wis. Stats., § 62.23(7)(d)2.]
B. 
Initiation of request for amendment to Official Zoning Map. Proceedings for amendment of the Official Zoning Map may be initiated by any one of the following three methods:
(1) 
An application of the owner(s) of the subject property;
(2) 
A recommendation of the City staff or the Plan Commission; or
(3) 
By action of the City Council.
C. 
Application requirements. All applications for proposed amendments to the Official Zoning Map, regardless of the party of their initiation per Subsection B above, shall be filed in the office of the Zoning Administrator, and shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The item may be placed on any agenda as a discussion only item, with the permission of the Zoning Administrator, without an application. Said complete application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition.
(1) 
A map of the subject property showing all lands for which the Zoning Map amendment is proposed. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(2) 
A map of the subject property and all other lands within 250 feet of the boundaries of the subject property together with the names and addresses of the owners of all lands on said map as the same appear on the current tax records of the City of Edgerton. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided. (NOTE: this map may be provided by the City, at the discretion of the Zoning Administrator);
(3) 
A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (NOTE: this map may be provided by the City, at the discretion of the Zoning Administrator);
(4) 
As an optional requirement, the applicant may wish to provide written justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with the recommendations of the City of Edgerton Master Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (c) below.
D. 
Review by the Zoning Administrator. The proposed amendment to the Official Zoning Map shall be reviewed by the Zoning Administrator as follows:
(1) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.
(2) 
The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application per Subsection C(1) through (4) above.
(3) 
The Zoning Administrator may also evaluate the application to determine whether the requested amendment to the Official Zoning Map is in harmony with the recommendations of the City of Edgerton's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (c) below:
(a) 
How does the proposed Official Zoning Map amendment further the purposes of this chapter as outlined in § 450-2 and the applicable rules and regulations of the Wisconsin Department of Natural Resources (DNR) and the Federal Emergency Management Agency (FEMA);
(b) 
Which of the following factors has arisen that are not properly addressed on the current Official Zoning Map:
[1] 
The designations of the Official Zoning Map should be brought into conformity with the Master Plan;
[2] 
A mistake was made in mapping on the Official Zoning Map. That is, an area is developing in a manner and purpose different from that for which it is mapped. (NOTE: If this reason is cited, it must be demonstrated that the discussed inconsistency between actual land use and designated zoning is not intended, as the City may intend to stop an undesirable land use pattern from spreading);
[3] 
Factors have changed (such as the availability of new data, the presence of new roads or other infrastructure, additional development, annexation, or other zoning changes), making the subject property more appropriate for a different zoning district;
[4] 
Growth patterns or rates have changed, thereby creating the need for an amendment to the Official Zoning Map.
(c) 
How does the proposed amendment to the Official Zoning Map maintain the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.
(4) 
The Zoning Administrator shall forward the report per Subsection D(2) and, if prepared, the report per Subsection D(3), to the Plan Commission for the Commission's review and use in making its final recommendation to City Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Master Plan, the Zoning Administrator shall note this determination in the report.
E. 
Review and action by the Plan Commission. City Council shall not make an amendment to the Official Zoning Map without allowing for a recommendation from the Plan Commission per the provisions of this section.
(1) 
The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days of the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed Zoning Map amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant, to all property owners within 250 feet of the boundaries of the subject property as identified in Subsection C(2) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.
(2) 
Within 60 days after the public hearing, including on the night of the public hearing, (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the City Council, and/or shall state in the minutes, its findings regarding Subsection D above, and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (c) above.
(3) 
If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection E(2), above], then the City Council may initiate Subsection F below, within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection E(2) above, shall not invalidate the proceedings or actions of City Council. [See § 62.23(7)(d), Wis. Stats.]
(4) 
If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (c) above, after taking into consideration the proposal by the applicant.
F. 
Review and action by City Council.
(1) 
City Council shall consider the Plan Commission's recommendation regarding the proposed amendment to the Official Zoning Map. The Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant.
(2) 
The City Council shall follow the procedures for first and second reading of ordinances and resolutions per § 86-35 of the City of Edgerton City Code and shall not act upon the proposed map amendment until after the second reading of the proposed amendment.
(3) 
The Council may take final action on the application following the second reading or may continue the proceedings at the applicant's request. City Council may approve the map amendment as originally proposed, may approve the proposed map amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed map amendment. If the City Council wishes to make significant changes in the proposed map amendment, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Council action. Any action to amend the provisions of the proposed map amendment requires a majority vote of the Council.
(4) 
When the City Council takes action on the application, it shall state in the minutes and/or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment to the Official Zoning Map outweigh, or do not outweigh, any and all potential adverse impacts of the proposed amendment to the Official Zoning Map, as identified in § 450-20D(3)(a) through (c) above, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission.
(5) 
The City Council's approval of the requested amendment to the Official Zoning Map shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment to the Official Zoning Map.
G. 
Effect of denial. No application which has been denied (either wholly or in part) shall be resubmitted for a period of 12 months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
H. 
Fee. A fee is required for this procedure. Refer to § 450-28.
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. 
Initiation of request for approval of a variance. Proceedings for approval of a requested variance shall be initiated by:
(1) 
An application of the owner(s) of the subject property.
C. 
Application requirements. All applications for requested variances shall be approved as complete by the Building Inspector and/or Zoning Administrator prior to the regularly scheduled Zoning Board of Appeals meeting. The item may be placed on any agenda as a discussion only item, with the permission of the Building Inspector and/or Zoning Administrator, without an application. Said application shall be comprised of all of the following unless the Building Inspector and/or Zoning Administrator determines a specific requirement is not necessary for the consideration of the application.
(1) 
A map of the subject property showing all lands for which the variance is proposed. Said map and all its parts and attachments shall be submitted in a form which is clearly legible and reproducible with a photocopier. All lot dimensions of the subject property shall be provided;
(2) 
A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property;
(3) 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23C unless the Building Inspector and/or Zoning Administrator determines that a specific requirement is not necessary for the consideration of the application; and
(4) 
Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the standard set out in Subsection D(3)(a) through (f) below.
D. 
Review by the Building Inspector and/or Zoning Administrator. The requested variance shall be reviewed by the Building Inspector and/or Zoning Administrator as follows:
(1) 
The Building Inspector and/or Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Building Inspector and/or Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.
(2) 
The Building Inspector and/or Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application per Subsection C(4) above.
(3) 
The Building Inspector and/or Zoning Administrator may also evaluate the application to determine whether the requested is in harmony with the recommendations of the City of Edgerton's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:
(a) 
What exceptional or extraordinary circumstances or special factors are present which apply only to the subject property. The response to this question shall clearly indicate how the subject property contains factors which are not present on other properties in the same zoning district. Specifically:
[1] 
The hardship or difficulty shall be peculiar to the subject property and different from that of other properties, and not one which affects all properties similarly. Such a hardship or difficulty shall have arisen because of the unusual shape of the original acreage parcel; unusual topography or elevation; or because the property was created before the passage of the current, applicable zoning regulations, or will not accommodate a structure of reasonable design for a permitted use if all area, yard, green space, and setback requirements are observed;
[2] 
Loss of profit or pecuniary hardship shall not, in and of itself, be grounds for a variance;
[3] 
Self-imposed hardship shall not be grounds for a variance. Reductions resulting from the sale of portions of a property reducing the remainder of said property below buildable size or cutting off existing access to a public right-of-way or deed restrictions imposed by the owner's predecessor in title are considered to be such self-imposed hardships;
[4] 
Violations by, or variances granted to, neighboring properties shall not justify a variance;
[5] 
The alleged hardship shall not be one that would have existed in the absence of a zoning ordinance. (For example, if a lot were unbuildable because of topography in the absence of any or all setback requirements.)
(b) 
In what manner do the factors identified in Subsection D(1) above prohibit the development of the subject property in a manner similar to that of other properties under the same zoning district. The response to this question shall clearly indicate how the requested variance is essential to make the subject property developable so that property rights enjoyed by the owners of similar properties can be enjoyed by the owners of the subject property.
(c) 
Would the granting of the proposed variance be of substantial detriment to adjacent properties. The response to this question shall clearly indicate how the proposed variance will have no substantial impact on adjacent properties.
(d) 
Would the granting of the proposed variance as depicted on the required site plan [see Subsection C(3) above] result in a substantial or undue adverse impact on the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare, either as they now exist or as they may in the future be developed as a result of the implementation of the intent, provisions, and policies of this chapter, the Master Plan, or any other plan, program, map, or ordinance adopted or under consideration pursuant to official notice by the City or other governmental agency having jurisdiction to guide growth and development. The response to this question shall clearly indicate how the proposed variance will have no substantial impact on such long-range planning matters.
(e) 
Have the factors which present the reason for the proposed variance been created by the act of the application or previous property owner or their agent (for example, previous development decisions such as building placement, floor plan, or orientation, lotting pattern, or grading) after the effective date of this chapter. The response to this question shall clearly indicate that such factors existed prior to the effective date of this chapter and were not created by action of the applicant, a previous property owner, or their agent.
(f) 
Does the proposed variance involve the regulations of § 450-33 or the district use regulations in each zoning district of Article VIII of this chapter. The response to this question shall clearly indicate that the requested variance does not involve the provisions of this section.
(4) 
The Building Inspector and/or Zoning Administrator shall forward the report per Subsection D(2) and, if prepared, per Subsection D(3), to the Zoning Board of Appeals for the Board's review and action. If the Building Inspector and/or Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's zoning ordinance and Master Plan, the Building Inspector and/or Zoning Administrator shall note this determination in the report.
E. 
Review and determination by Zoning Board of Appeals.
(1) 
Within a reasonable time after filing of the complete application as determined by the Building Inspector and/or Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of § 62.23(7)(e), Wis. Stats. Said notice shall contain a description of the subject property and the proposed variance per Subsection C(1) and (4) above. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant of the proposed variance; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property; and to all property owners within 250 feet of the boundaries of the subject property as identified in Subsection C(2) above. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this subsection.
(2) 
Within 35 days after the holding of the public hearing [per Subsection E(1) above, or within an extension of said period approved by the applicant and granted by the Zoning Board of Appeals], the Zoning Board of Appeals shall make its findings per Subsection D above, and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Building Inspector and/or Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time to time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.
(3) 
If the Zoning Board of Appeals fails to make a determination within 35 days after said public hearing, then the request for the variance shall be considered denied.
(4) 
Said report shall include a formal findings of facts developed and approved by the Zoning Board of Appeals concerning the requirements of Subsection D(3)(a) through (f) above.
F. 
Effect of denial.
(1) 
No application for a variance which has been dismissed or denied by the Zoning Board of Appeals shall be considered again by the Board within one year of the date of the Board's decision except by motion to reconsider made by a member of the Board on the grounds that there is substantial new evidence to be submitted which could not reasonably have been presented at the previous hearing. Any motion for rehearing shall be submitted within 60 days of the date of the hearing dismissing or denying the application or at the next meeting of the Zoning Board of Appeals, whichever comes first. If said motion is granted permitting the rehearing, said rehearing shall be subject to the same requirements as to notice as an original hearing and subject to the same costs as an original hearing.
(2) 
No application for a variance shall be granted by the Board if the Board determines that the application is substantially the same or is substantially similar in nature to an application presented to the Board which was denied or dismissed by the Board within the previous year. Upon application for a variance, if the Building Inspector is of the opinion that the application is substantially the same or substantially similar in nature to an application previously denied, the Building Inspector will have the matter placed on the agenda for the next regular meeting of the Board. At said meeting, the Board will review the application and if the Board determines that said application is substantially the same or substantially similar in nature to an application dismissed or denied by the Board within the past year, then the Board will so inform the applicant that the application cannot be considered until the expiration of at least one year from the time the prior application was denied. If the Board feels that application is not substantially the same or substantially similar in nature, the Board shall so inform the applicant, and the applicant will be permitted to apply for a variance based on the new application. Said application will be subject to the required publication, notices and fees. The fact that the Board determines that the new application is not substantially the same or substantially similar in nature to a prior one is no guarantee nor does it create any presumption that the variance, once subject to the public hearing, will be granted.
G. 
Limited effect of a variance. Where the Zoning Board of Appeals has granted a variance, such approval shall neither change the use classification of the building or premises, nor give it any status as a nonconforming use. 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.
H. 
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 Inspector and/or Zoning Administrator certifies to the Zoning Board of Appeals after the request for the variance has been filed, that by reason of the facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Zoning Board of Appeals, or by a court of record on application, on notice to the Building Inspector and/or Zoning Administrator, and on due cause shown. [See § 62.23(7)(e)5, Wis. Stats.]
I. 
Decision. Conditions appropriate to effect the determination of the Board on appeal may be placed upon any building permit ordered or authorized by the Board pursuant to § 62.23(7)(3)8, Wis. Stats. Variances and permits granted by the Board shall expire within 12 months unless substantial work has commenced pursuant to such grant. Prior to expiration of the twelve-month period, the applicant may request an extension of this period. Said request shall require formal approval by the Zoning Board of Appeals and shall be based upon a showing of acceptable justification (as determined by the Zoning Board of Appeals).
J. 
Review by court of record. Any person or persons aggrieved by any decision of the Board of Appeals may present to a court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the City Administrator.
K. 
Notice to the DNR. The Zoning Board of Appeals shall transmit a copy of each application for a variance to conservancy regulations in the Shoreland-Wetland, Floodway, Floodplain, or Floodfringe Overlay Zoning Districts, and a copy of all Shoreland-Wetland appeals, to the Wisconsin Department of Natural Resources (DNR) for review and comment at least 10 days prior to any public hearings. A copy of all decisions relating to variances to shoreland-wetland conservancy regulations or to floodland regulations, and a copy of all decisions to shoreland-wetland conservancy and floodland appeals, shall be transmitted to the DNR within 10 days of the date of such decision.
L. 
Fee. A fee is required for this procedure. Refer to § 450-28.
A. 
Zoning interpretations.
(1) 
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.
(2) 
Initiation of request for an interpretation. Proceedings for an interpretation may be initiated by any of the following four methods:
(a) 
Application of the owner(s) of the subject property;
(b) 
Recommendation of the Plan Commission;
(c) 
Action of the City Council; or
(d) 
Request by the Zoning Administrator.
(3) 
Application requirements. All applications for interpretations, regardless of the party of their initiation per Subsection A(2) above, shall be approved as complete by the Zoning Administrator prior to the initiation of this procedure. The item may be placed on any agenda as a discussion only item, with the permission of the Zoning Administrator, without an application. Said complete application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition and waives the requirement.
(a) 
All requests for interpretations shall clearly indicate the part of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.
(b) 
If the requested interpretation relates to the application of this chapter to a specific property, the additional following information shall be required:
[1] 
A map of the subject property showing all lands for which the interpretation is requested, and all other lands within 200 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Dane or Rock County as provided by the City of Edgerton. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 800 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided. (NOTE: This map may be provided by the City, at the discretion of the Zoning Administrator);
[2] 
A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (NOTE: this map may be provided by the City, at the discretion of the Zoning Administrator);
[3] 
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; and
[4] 
A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23.
(c) 
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:
[1] 
How is the subject land use (in general) in harmony with the purposes, goals, objectives, policies and standards of the City of Edgerton's Comprehensive Master Plan, this chapter, and any other plan, program, or ordinance adopted, or under consideration pursuant to official notice by the City.
[2] 
How is the subject land use in harmony with the purposes, goals, objectives, policies and standards of the pertinent zoning district for which the interpretation is being sought.
[3] 
Do the potential public benefits of the proposed interpretation outweigh any and all potential adverse impacts of the proposed interpretation.
(4) 
Review by Zoning Administrator.
(a) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.
(b) 
When the application is complete, and within 30 days of such filing, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the proposed interpretation provided in the application per Subsection A(3) above. This review shall also take into consideration the standards for review presented in Subsection A(5) below. The Zoning Administrator shall also evaluate the application to determine whether the requested interpretation is in harmony with the recommendations of the City of Edgerton's Comprehensive Master Plan.
(c) 
The Zoning Administrator shall forward a report to the applicant indicating the interpretation of the Zoning Administrator. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Comprehensive Master Plan, the Zoning Administrator shall note this determination in the report.
(5) 
Standards for review of requested interpretations. This section shall be interpreted in a manner that is consistent with the purposes intended by the City Council as noted in this chapter and the Comprehensive Master 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 section shall proceed as follows:
(a) 
Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required. [Rationale: before any zoning interpretation is made, there must be an explicit discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable potential negative impact. A sound interpretation of any standard cannot be ensured without careful analysis of the regulation and the end toward which it is directed. It is understood that there may be other public purposes underlying the interpretation that are not explicitly articulated.]
(b) 
Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public. (Rationale: 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 this chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter is to be prohibited.)
(c) 
Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person's land use proposal. [Rationale: 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 (either the adjoining landowners, the public at large, and/or a future property owner or renter), such an interpretation may be appropriately made. Any interpretation that 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 that 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 loss of protection 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.]
(d) 
This chapter has been carefully designed by the City Council to combine maximum achievement of public goals, and the protection of adjoining 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 Master Plan of the City of Edgerton. 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.
(e) 
In addition to the applicant's response to the questions required by Subsection A(3)(c) above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:
[1] 
No interpretation shall allow the establishment of any land use which was previously considered and rejected by the City Council on an application for an amendment to this chapter, the Official Zoning Map, or a previously applied for appeal from a requested interpretation.
[2] 
No interpretation shall permit a land use listed as a use permitted by right, a special use, or a conditional use in another zoning district if the use is not listed as permitted in the zoning district of the subject property (see § 450-33).
[3] 
No interpretation shall permit a land use in a zoning district unless evidence is presented which demonstrates that the land use will comply with any and all regulations applicable to development in the subject property's zoning district (see § 450-33).
[4] 
No interpretation shall permit a land use in a particular zoning district unless such use is substantially similar to other uses permitted in that same district and is more similar to such other uses than to uses either not permitted in said district, or permitted in a more intensive district in the same zoning district category (see § 450-33).
[5] 
If the proposed land use is more similar to a land use permitted only as a conditional use in the subject property's district than to a use permitted by right, then an interpretation permitting such use shall be conditioned upon the approval of a conditional use pursuant to § 450-16.
(6) 
Effect of a favorable land use interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals that 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.
(7) 
Limitations on favorable land use interpretation.
(a) 
No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.
(b) 
An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
(8) 
Fee. A fee is required for this procedure. Refer to § 450-28.
B. 
Appeals of zoning interpretations.
(1) 
Purpose. The purpose of this subsection is to provide regulations which enable the City to hear and decide requests for appeals from the interpretations of the Zoning Administrator as provided for by § 62.23(7)(e)(7), Wis. Stats.
(2) 
Initiation of request for review of zoning interpretation. Proceedings for the review of an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator.
(3) 
Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of § 450-22B(4) below within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal said interpretation.
(4) 
Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per § 450-22B(2) above, shall be filed in the office of the Zoning Administrator and shall be approved as complete by the Zoning Administrator prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the City Clerk and to the Zoning Board of Appeals. Said complete application shall be accompanied by all of the following:
(a) 
A copy of pertinent items in the file on the matter at hand maintained by the Zoning Administrator, as identified by the Zoning Administrator and/or the applicant.
(b) 
A written statement from the applicant indicating the reasons why an appeal is justified, based upon an analysis of the Zoning Administrator's interpretation. This statement shall be dated and signed by the applicant.
(5) 
Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator in the following steps:
(a) 
The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.
(b) 
Upon notifying applicant that the application is complete, the Zoning Administrator shall review the application and shall evaluate and comment on the written justification for the appeal to the Zoning Board of Appeals as submitted by the applicant. The Zoning Administrator shall also evaluate the application to determine whether the requested is in harmony with the recommendations of the Master Plan.
(c) 
The Zoning Administrator shall forward a report to the Zoning Board of Appeals for review and action. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the Master Plan or this chapter, the Zoning Administrator shall note this determination in the report.
(6) 
Review and action by the Zoning Board of Appeals.
(a) 
Within a reasonable time after the filing of the complete application as determined by the Zoning Administrator, the Zoning Board of Appeals shall schedule a reasonable time and place for a public hearing to consider the application. Notice of the appeal and said public hearing shall conform to § 63.23(7)(d), Wis. Stats. Said notice shall contain a description of the issue per § 450-22B(4)(b) above. At least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant; to the Clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter; and to any property owner within 250 feet of the subject property. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this subsection.
(b) 
Within 60 days after the filing of the complete application as determined by the Zoning Administrator (or, within an extension of said period requested in writing by the applicant and granted by the Zoning Board of Appeals), the Zoning Board of Appeals make its findings per § 450-22A(5) above. The Zoning Board of Appeals may request further information and/or additional reports from The Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at applicant's request. Said final action shall be followed by a written report which shall include a formal finding of facts developed and approved by the Zoning Board of Appeals concerning the request.
(c) 
If the Zoning Board of Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied.
(7) 
Effect of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of six months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.
(8) 
Limited effect of a favorable ruling on an appeal.
(a) 
No ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.
(b) 
A ruling by the Zoning Board of Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of 365 consecutive days or more.
(9) 
Fee. A fee is required for this procedure. Refer to § 450-28.
A. 
Purpose. The purpose of this section is to specify the requirements and procedures for the review and approval of site plan applications. The provisions of this section are designed to ensure that all proposed land use and development activity complies with the requirements of this chapter. Specifically, this section requires that the initiation of all development activity (including building permits, occupancy permits for a change of use of an existing lot or structure where there is contemplated a site plan revision, clear-cutting, grading or filling) require the approval of site, building and operational plans by the City Plan Commission before the building, occupancy, and zoning permits can be issued, except, however, that development activity associated with an approved final plat of subdivision or certified survey map for single-family and/or duplex/twin home dwelling units, and development activity associated with the full and complete implementation of a project approved within the PIP phase of the planned unit development district (PUD) is exempt from this requirement.
B. 
Procedure.
(1) 
Initiation of request for approval of a site plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).
(2) 
Preapplication meeting. The petitioner shall first meet with the Zoning Administrator and other applicable City staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the petitioner on technical requirements and procedures, and a timetable for project review may be discussed.
(3) 
Application for site plan review and review by Zoning Administrator. The petitioner shall apply to the Zoning Administrator for the scheduling of an appearance before the Plan Commission. The Zoning Administrator shall notify the petitioner of the date and time of the applicable Plan Commission meeting. The appearance before the Plan Commission shall not be scheduled unless the application is approved as complete by the Zoning Administrator per the requirements of Subsection C below. Once the application is approved as complete, the Zoning Administrator shall schedule an appearance before the Plan Commission a minimum of four weeks from the date of complete application acceptance.
C. 
Application requirements. All applications for proposed site plans shall be approved as complete by the Zoning Administrator prior to the formal initiation of this procedure. The item may be placed on any agenda as a discussion only item, with the permission of the Zoning Administrator, without an application. Said complete application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition.
(1) 
Written description of the intended use describing in reasonable detail the:
(a) 
Existing zoning district(s) [and proposed zoning district(s) if different];
(b) 
Natural resources site evaluation worksheet (per the Zoning Administrator);
(c) 
Current land uses present on the subject property;
(d) 
Proposed land uses for the subject property;
(e) 
Projected number of residents, employees, and daily customers;
(f) 
Proposed amount of dwelling units, floor area, impervious surface area, and landscape surface area, and resulting site density, floor area ratio, impervious surface area ratio, and landscape surface area ratio;
(g) 
Operational considerations relating to hours of operation, projected normal and peak water usage (optional), sanitary sewer or septic loadings (optional), and traffic generation;
(h) 
Operational considerations relating to potential nuisance creation pertaining to noncompliance with the performance standards addressed in Article V of this chapter, including street access, traffic visibility, parking, loading, exterior storage, exterior lighting, vibration, noise, air pollution, odor, electromagnetic radiation, glare and heat, fire and explosion, toxic or noxious materials, waste materials, drainage, and hazardous materials. If no such nuisances will be created (as indicated by complete and continuous compliance with the provisions of Article V of this chapter), then the statement "the proposed development shall comply with all requirements of Chapter 450, Article V, of the City Code" shall be provided;
(i) 
Exterior building and fencing materials (§§ 450-51 and 450-53);
(j) 
Possible future expansion and related implications for Subsection C(1)(a) through (i) above; and
(k) 
Any other information pertinent to adequate understanding by the Plan Commission of the intended use and its relation to nearby properties.
(2) 
A property site plan drawing (and reduction at 11 inches by 17 inches) which includes:
(a) 
A title block which indicates the name, address and phone/fax number(s) of the current property owner and/or agent(s) (developer, architect, engineer, planner) for project;
(b) 
The date of the original plan and the latest date of revision to the plan;
(c) 
A North arrow and a scale. Said scale shall not be smaller than one inch equals 100 feet;
(d) 
A parcel number of the subject property;
(e) 
All property lines and existing and proposed right-of-way lines with bearings and dimensions clearly labeled;
(f) 
All existing and proposed easement lines and dimensions with a key provided and explained on the margins of the plan as to ownership and purpose;
(g) 
All required building setback lines;
(h) 
All existing and proposed buildings, structures, and paved areas, including building entrances, walks, drives, decks, patios, fences, utility poles, drainage facilities, and walls;
(i) 
The location and dimension (cross-section and entry throat) of all access points onto public streets;
(j) 
The location and dimension of all on-site parking (and off-site parking provisions if they are to be employed), including a summary of the number of parking stalls provided versus required by this chapter;
(k) 
The location and dimension of all loading and service areas on the subject property and labels indicating the dimension of such areas;
(l) 
The location of all outdoor storage areas and the design of all screening devices;
(m) 
The location, type, height, size and lighting of all signage on the subject property;
(n) 
The location, height, design/type, illumination power and orientation of all exterior lighting on the subject property, including the clear demonstration of compliance with § 450-40;
(o) 
The location and type of any permanently protected green space areas;
(p) 
The location of existing and proposed drainage facilities; and
(q) 
In the legend, data for the subject property:
[1] 
Lot area;
[2] 
Floor area;
[3] 
Floor area ratio (b/a);
[4] 
Impervious surface area;
[5] 
Impervious surface ratio (d/a); and
[6] 
Building height.
(3) 
A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas, and existing and proposed planting, fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Article VII of this chapter. (NOTE: the individual plant locations and species, fencing types and heights, and berm heights need to be provided.)
[Amended 7-17-2023 by Ord. No. 23-10]
(4) 
A grading and erosion control plan at the same scale as the main plan (and reduction at 11 inches by 17 inches) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the following detailed requirements of the City of Edgerton City Code.
(5) 
Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.
(6) 
Detailed site analysis:
(a) 
Purpose. The detailed site analysis required by this subsection is designed to provide the clear identification of protected natural resources areas on a site that is proposed for development. Protected natural resources areas are areas included in a Natural Resource Protection Overlay Zoning District. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area. A detailed site analysis shall be performed in conjunction with required land division documents or development site plans for any and all properties included in a Natural Resource Protection Overlay Zoning District.
(b) 
Description. The detailed site analysis shall be shown on a map of the subject property that depicts the location of all protected natural resource areas, as defined by the provisions of this article. The detailed site analysis shall meet the following requirements:
[1] 
Scale. A minimum scale of one inch equals 200 feet shall be used.
[2] 
Topography. Topographic information is not required for any property that does not contain steep slopes (as designated on the Official Zoning Map). For such properties, topographic information with a minimum contour interval of two feet is required.
[3] 
Specific natural resources areas. All protected natural resources areas, which require protection under the provisions of this chapter, shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.
[4] 
Development pads.
[a] 
All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads. Development pads shall be depicted on the detailed site analysis map, site plans required for development permits, and the recorded plat of subdivision or certified survey map.
[b] 
Beyond visible damage to natural resources, vegetation, soil, and drainage patterns, site disruption activities shall not compact soil covering tree roots, or otherwise damage trees beyond the area from which trees are to be removed. All trees with calipers exceeding three inches whose canopies are located adjacent to disturbed areas, which die within a period of five years following site disruption, shall be replaced by the owner with a three-inch caliper tree of the same type (canopy or understory). Therefore, care shall be taken to ensure that equipment and actions associated with permitted site disruption activities are limited to the area in which they are permitted. The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth, and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge.
(c) 
Required procedure for submission and review.
[1] 
Required timing of submission. The detailed site analysis map shall be submitted to the Zoning Administrator for initial review prior to, or concurrently with, the submission of the preliminary plat of subdivision or the certified survey map, or if the proposed development does not involve a land division then submittal is required as an attachment to a required site plan. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of a concept plan indicate the approval of natural resource feature locations. A detailed site analysis map prepared for the subject property, which has been previously approved by City staff, may be submitted for any subsequent development activity on the site. However, modifications to such a previously approved map will be required if the analysis is no longer accurate for the subject property.
[2] 
Review by City staff. City staff shall review the submitted detailed site analysis map for general compliance with the following data sources:
[a] 
The Official Zoning Map;
[b] 
Applicable USGS 7.5-minute topographic maps for the City of Edgerton and its environs;
[c] 
Air photos of the subject property;
[d] 
USGS Quads and other sources of topographic information;
[e] 
Applicable FEMA and related floodplain maps;
[f] 
Applicable federal and state wetland inventory maps;
[g] 
The City of Edgerton Comprehensive Master Plan; and
[h] 
Site visits. The Zoning Administrator shall provide the petitioner with an evaluation of the submitted detailed site analysis map which shall indicate the acceptance by City staff or the need for further analysis work, discussion with the petitioner and/or staff-recognized experts, or a joint site visit.
[3] 
Modification of detailed site analysis map. If necessary, as determined by City staff, revised detailed site analysis maps shall be prepared and submitted for review by City staff, until a version is deemed acceptable. Staff review of the detailed site analysis may be appealed to the Board of Zoning Appeals as a matter of ordinance interpretation.
[4] 
Acceptance of detailed site analysis map. Upon notification of acceptance by City staff (or, in case of appeal, by determination of the Board of Zoning Appeals), the petitioner may proceed with the submittal of necessary development documents.
(d) 
Integration of detailed site analysis information with required development and/or land division. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas and other permanently protected green space areas), shall be clearly depicted on any and all site plans required as a precondition for application for any development permit (such as a building permit) and on any proposed plat of subdivision or certified survey map.
(7) 
Three full-size copies of Subsection C(3) through (6)above.
D. 
Review by the Plan Commission. The Plan Commission, in its consideration of the submitted complete application, shall take into account the basic intent of this zoning chapter to ensure attractive, efficient, and appropriate development of land in the community, exterior architectural design, construction materials, signage, color, and building form, and to ensure particularly that every reasonable step has been taken to avoid depreciating effects on surrounding property and the natural environment. The Plan Commission, in reviewing the application, may require such additional measures and/or modifications as it deems necessary to accomplish this objective. If such additional measures and/or modifications are required, the Plan Commission may withhold approval of the site plan until a revisions depicting such additional measures and/or modifications are submitted to the satisfaction of the Plan Commission, or may approve the application subject to the provision of a revised application reflecting the direction of the Plan Commission to the satisfaction of the Zoning Administrator. Such amended plans and conditions applicable to the proposed use shall be made a part of the official record, and development activity on the subject property may not proceed until the revised application has been approved by one of the two above procedures as directed by the Plan Commission.
E. 
Initiation of land use or development activity. Absolutely no land use or development activity, including site clearing, grubbing, or grading shall occur on the subject property prior to the approval of the required site plan. Any such activity prior to such approval shall be a violation of this chapter and shall be subject to all applicable enforcement mechanisms and penalties.
F. 
Modification of an approved site plan. Any and all variation between development and/or land use activity on the subject property and the approved site plan is a violation of this article. An approved site plan shall be revised and approved via the procedures of Subsections B and D above, so as to clearly and completely depict any and all proposed modifications to the previously approved site plan, prior to the initiation of said modifications.
G. 
Fee. A fee is required for this procedure. Refer to § 450-28.
[Amended by Ord. No. 01-11]
A. 
Purpose.
(1) 
The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned developments, and to provide for the possible relaxation of certain development standards.
(2) 
Planned developments are intended to provide more incentives for infill development and redevelopment in areas of the community which are experiencing a lack of significant reinvestment. Furthermore, Planned developments are designed to forward both the aesthetic and economic development objectives of the City by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. In exchange for such flexibility, the planned development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.
(3) 
Planned developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, planned developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case by case basis. In order to prevent this from occurring, all planned developments are required to meet certain procedural requirements applicable only to planned developments, in addition to the general requirements of this chapter. A public hearing process is required to review a request for a planned development. This process shall essentially combine the process for a Zoning Map amendment with that required for a conditional use, with several additional requirements.
B. 
Provision of flexible development standards for planned developments.
(1) 
Permitted location. Planned developments shall be permitted with the approval of a planned development district, specific to the approved planned development, within all zoning districts.
(2) 
Flexible development standards. The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a planned development:
(a) 
Land use requirements. All land uses listed as residential, institutional, or commercial may be permitted within a planned development.
(b) 
Density and intensity requirements. All requirements for residential density and nonresidential intensity may be waived within a planned development.
(c) 
Bulk requirements. All bulk requirements may be waived within a planned development.
(d) 
Landscaping requirements. All landscaping requirements may be waived within a planned development.
(e) 
Parking and loading requirements. All parking and loading requirements may be waived within a planned development.
(3) 
Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the City Council as part of the approved planned development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading) is otherwise listed as permitted. Requested exemptions from these standards shall be made explicit by the applicant in the application and shall be recommended by the Plan Commission and approved explicitly by the City Council. If not so requested and approved, such exemptions shall not be permitted.
C. 
Initiation of request for approval of a planned development. Proceedings for approval of a planned development shall be initiated by:
(1) 
An application of the owner(s) of the subject property;
(2) 
A recommendation of the Plan Commission; or
(3) 
By action of the City Council.
D. 
Application requirements. All applications for proposed planned developments, regardless of the party of their initiation per Subsection C above, shall be approved as complete by the Zoning Administrator. Said application shall apply to each of the process steps in Subsection E through H below.
E. 
PD process step 1: preapplication conference.
(1) 
The applicant shall contact the Zoning Administrator to place an informal discussion item for the PD on the Plan Commission agenda.
(2) 
No details beyond the name of the applicant and the identification of the discussion item as a PD is required to be given in the agenda.
(3) 
At the Plan Commission meeting the applicant shall engage in an informal discussion with the Plan Commission regarding the potential PD. Appropriate topics for discussion may include the location of the PD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the Master Plan.
(4) 
Points of discussion and conclusions reached in this stage of the process shall be 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.
F. 
PD process step 2: concept plan.
(1) 
The applicant shall provide the Zoning Administrator with a draft PD concept plan submittal packet for a determination of completeness prior to placing the proposed PD on the Plan Commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for concept plan review unless the Zoning Administrator determines a specific requirement is not applicable to the petition.
(a) 
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the City of Edgerton land use plan map;
(b) 
A general written description of proposed PD including:
[1] 
General project themes and images;
[2] 
The general mix of dwelling unit types and/or land uses;
[3] 
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;
[4] 
The general treatment of natural features;
[5] 
The general relationship to nearby properties and public streets;
[6] 
The general relationship of the project to the Master Plan;
[7] 
An initial draft list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility.
(c) 
A written description of potentially requested exemptions from the requirements of zoning regulations, in the following order:
[1] 
Land use exemptions;
[2] 
Density and intensity exemptions;
[3] 
Bulk exemptions;
[4] 
Landscaping exceptions;
[5] 
Parking and loading requirements exceptions.
(d) 
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the conceptual plan in addition to the 11 inches by 17 inches reduction.
(2) 
Once the Zoning Administrator has received a complete packet, the proposed PD concept plan shall be placed on the Plan Commission agenda.
(3) 
At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the conceptual PD. Appropriate topics for discussion may include any of the information provided in the PD concept plan submittal packet or other items as determined by the Plan Commission.
(4) 
Points of discussion and conclusions reached in this stage of the process shall be 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. 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 petition for rezoning which accompanies the GDP application.
G. 
PD process step 3: general development plan (GDP).
(1) 
The applicant shall provide the Zoning Administrator with a draft GDP plan submittal packet for a determination of completeness prior to placing the proposed GDP on the Plan Commission agenda for GDP review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for GDP review, unless the Zoning Administrator determines a specific requirement is not applicable to the petition:
(a) 
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the City of Edgerton land use plan map;
(b) 
A map of the subject property showing all lands for which the planned unit development is proposed, and all other lands within 250 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Rock or Dane County (as provided by the City of Edgerton). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(c) 
A general written description of proposed PD, including:
[1] 
General project themes and images;
[2] 
The general mix of dwelling unit types and/or land uses;
[3] 
Approximate residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;
[4] 
The general treatment of natural features;
[5] 
The general relationship to nearby properties and public streets;
[6] 
The general relationship of the project to the Master Plan,
[7] 
A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PD zoning.
[8] 
A complete list of zoning standards which will not be met by the proposed PD and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PD and the location(s) in which they apply shall be identified. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility.
[9] 
A written description of potentially requested exemptions from the requirements of zoning regulations, in the following order:
[a] 
Land use exemptions;
[b] 
Density and intensity exemptions;
[c] 
Bulk exemptions;
[d] 
Landscaping exceptions;
[e] 
Parking and loading requirements exceptions.
(d) 
A general development plan drawing at a minimum scale of one inch equals 100 feet (11 inches by 17 inches reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[1] 
A conceptual plan drawing (at 11 inches by 17 inches) of the general land use layout and the general location of major public streets and/or private drives. The applicant may submit copies of a larger version of the conceptual plan in addition to the 11 inches by 17 inches reduction;
[2] 
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;
[3] 
Statistical data on minimum lot sizes in the development, the approximate areas of large development lots and pads, density/intensity of various parts of the development, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or City Council; and
[4] 
Notations relating the written information provided in Subsection G(1)(c)[1] through [6] above to specific areas on the GDP drawing.
(e) 
A general conceptual landscaping plan for subject property, noting approximate locations of foundation, street, yard and paving, landscaping, and the compliance of development with all landscaping requirements of this chapter (except as noted in the listing of exceptions) and the use of extra landscaping and bufferyards.
(f) 
A general signage plan for the project, including all project identification signs and concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles) which are proposed to vary from City standards or common practices.
(g) 
Written justification for the proposed planned development. (The applicant is advised to use the requirements of the conditional use procedure to develop said written justification.)
(h) 
The process for review and approval of the GDP shall be identical to that for an amendment to the Official Zoning Map per § 450-20 of this chapter and (if land is to be divided) to that for preliminary and final plats of subdivision per the City Code. The approval of a GDP shall establish a PD/GDP overlay that is depicted as such on the Official Zoning Map. The existing zoning, however, shall control development within the area of the GDP until all or portions of the GDP are approved as a PIP.
(i) 
All portions of an approved PD/GDP not fully developed within five years of final City Council approval shall expire, and no additional PD-based development shall be permitted. The City Council may extend this five-year period by up to five additional years via a majority vote following a public hearing.
H. 
PD process step 4: precise implementation plan (PIP).
(1) 
After the effective date of the rezoning to PD/GDP, the applicant may file an application for a proposed precise implementation plan (PIP) with the Plan Commission. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for PD review, unless the Zoning Administrator determines a specific requirement is not applicable to the petition:
(a) 
A location map of the subject property and its vicinity at 11 inches by 17 inches, as depicted on a copy of the City of Edgerton land use plan map;
(b) 
A map of the subject property showing all lands for which the planned unit development is proposed, and all other lands within 250 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current records of the Register of Deeds of Rock or Dane County (as provided by the City of Edgerton). Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;
(c) 
A general written description of proposed PIP, including:
[1] 
Specific project themes and images;
[2] 
The specific mix of dwelling unit types and/or land uses;
[3] 
Specific residential densities and nonresidential intensities as described by dwelling units per acre, floor area ratio and impervious surface area ratio;
[4] 
The specific treatment of natural features;
[5] 
The specific relationship to nearby properties and public streets;
[6] 
A statement of rationale as to why PD zoning is proposed. This shall identify barriers that the applicant perceives in the form of requirements of standard zoning districts and opportunities for community betterment the applicant suggests are available through the proposed PD zoning;
[7] 
A complete list of zoning standards which will not be met by the proposed PIP and the location(s) in which they apply and a complete list of zoning standards which will be more than met by the proposed PIP and the location(s) in which they apply shall be identified. Essentially, the purpose of this listing shall be to provide the Plan Commission with information necessary to determine the relative merits of the project in regard to private benefit versus public benefit, and in regard to the mitigation of potential adverse impacts created by design flexibility.
(d) 
A precise implementation plan drawing at a minimum scale of one inch equals 100 feet (11 inches by 17 inches reduction shall also be provided by applicant) of the proposed project showing at least the following information in sufficient detail to make an evaluation against criteria for approval:
[1] 
A PIP site plan conforming to any and all the requirements of § 450-23C. If the proposed planned development is a group development, a proposed preliminary plat or conceptual plat shall be provided in addition to the required site plan;
[2] 
Location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use;
[3] 
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, floor area ratio, impervious surface area ratio and landscape surface area ratio of various land uses, expected staging, and any other plans required by the Plan Commission or City Council; and
[4] 
Notations relating the written information provided in Subsection H(1)(c)[1] through [6] above to specific areas on the GDP drawing.
(e) 
A landscaping plan for subject property, specifying the location, species, and installed size of all trees and shrubs. This plan shall also include a chart which provides a cumulative total for each species, type and required location (foundation, yard, street, paved area or bufferyard) of all trees and shrubs.
(f) 
A series of building elevations for the entire exterior of all buildings in the Planned Development, including detailed notes as to the materials and colors proposed.
(g) 
A general signage plan for the project, including all project identification signs, concepts for public fixtures and signs (such as streetlight fixtures and/or poles or street sign faces and/or poles), and group development signage themes which are proposed to vary from City standards or common practices.
(h) 
A general outline of the intended organizational structure for a property owners' association, if any, deed restrictions and provisions for private provision of common services, if any.
(i) 
A written description which demonstrates the full consistency of the proposed PIP with the approved GDP.
(j) 
Any and all variations between the requirements of the applicable PD/GDP zoning district and the proposed PIP development.
(k) 
The applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.
(l) 
The area included in a precise implementation plan may be only a portion of the area included in a previously approved general implementation plan.
(m) 
The precise implementation plan (PIP) submission may include site plan and design information, allowing the Plan Commission to combine design review and review of the PIP. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.
(n) 
The Plan Commission or City Council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the PIP, as such may be relevant to review.
(o) 
The process for review and approval of the PD shall be identical to that for conditional use permits per § 450-16 of this chapter and (if land is to be divided) to that for preliminary and final plats of subdivision per the City Code. The approval of a PD/PIP shall formally establish the PD/PIP zoning district and any such land uses and site plans included in the approved PIPs.
(p) 
All portions of an approved PD/PIP not fully developed within five years of final approval shall expire, and no additional PD-based development shall be permitted. The City Council may extend this five-year period by up to five additional years via a majority vote following a public hearing.
A. 
Violations. No person shall construct or use any structure, land, or water in violation of any of the provisions of this chapter. In case of any violation, the City Council, the Building Inspector, the City Plan Commission, or any neighboring property owner who would be specifically damaged by such violation may institute appropriate action or proceeding to enjoin a violation of this chapter or cause a structure to be vacated or removed.
B. 
Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not more than $50 and costs of prosecution for each violation and, in default of payment of such forfeiture and costs, may be imprisoned in the county jail until payment thereof, but not exceeding 30 days, or may have their driver's license suspended or the court may impose any other penalty as provided by state statutes. Each day a violation exists or continues shall constitute a separate offense.
[Amended 7-17-2023 by Ord. No. 23-10]
C. 
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity to prevent any violation of this chapter, to prevent unlawful construction, to recover damages, to restrain, correct, or abate a violation, to prevent illegal occupancy of a building or premises, and these remedies shall be in addition to the penalties described above.
[Amended 7-17-2023 by Ord. No. 23-10]
No structure, land, or water shall hereafter be used without compliance with this chapter and all other applicable local, county, and state regulations. The Building Inspector, with the aid of the Police Department, shall investigate all complaints, give notice of violations, and enforce this chapter. The Building Inspector may enter, at any reasonable time as permitted by the property owner, onto any public or private lands or waters to make inspection. If the Building Inspector is refused entry, he may apply for, obtain, and execute a special inspection warrant for premises pursuant to § 66.0119, Wis. Stats. The Building Inspector may set time limits and conditions for the correction of violations.
A. 
On land hereafter annexed to the City, no building or structure shall be erected, enlarged or moved, and no change in the use of land or existing building or structures shall be made until an ordinance designating the zoning district classification of such annexed land is duly adopted by the City Council. Within 60 days of the annexation, the Plan Commission shall recommend an amendment to establish the zoning district classification of such land. Action shall be taken by the Council regarding the classification of annexed land within 90 days of its receipt of the recommendation from the Plan Commission.
B. 
Designation of the appropriate zoning district for annexed land shall follow the procedures found in § 450-20 of this chapter.
C. 
The zoning classification for such annexed land may be temporarily designated by the annexation ordinance until the Council adopts a permanent zoning district classification.
[Amended by Ord. No. 96-20]
A. 
Fees for procedures requested by a private party. Fees, as set by the City Council and stated on the City's current Fee Schedule, on file in City Hall, are hereby established and required for the following:
[Amended 7-17-2023 by Ord. No. 23-10]
(1) 
Certificate of occupancy (per § 450-15).
(2) 
Conditional use (per § 450-16).
(3) 
Text amendment (per § 450-19).
(4) 
Zoning Map amendment (per § 450-20).
(5) 
Variance (per § 450-21).
(6) 
Zoning interpretation or appeal of zoning interpretation (per § 450-22).
(7) 
Site plan (per § 450-23).
(8) 
Sign permit (per § 450-59).
(9) 
Filing or recording fee with City Clerk.
(10) 
Uses permitted by right with special requirements (per § 450-17).
(11) 
Temporary uses (per § 450-18).
(12) 
Annexation (per § 450-27). The owner of the annexed property shall pay the shortfall in property taxes if the local tax revenue collected by the City from the annexed property is less than the local taxes collected by the town for the last year the property was located in the town. If applicable, the property owner shall pay the fee each year for five years after the effective date of the annexation.
(13) 
Sandwich board signs (per § 450-61).
B. 
Fees for procedures requested by the City of Edgerton. There shall be no fee in the case of applications filed in the public interest by the City Council or the Plan Commission, other agency, or official of the City of Edgerton.
C. 
Payment of fees. Fees shall be payable at the time applications are filed with the appropriate officer of the City (per the requirements of this chapter) and are not refundable.
D. 
Professional consultant review services. The City may retain the services of professional consultants (including planners, engineers, building inspectors, architects, attorneys, environmental specialists, recreation specialists, and other experts) to assist in the City's review of a proposal coming before the Plan Commission. The City may apply the charges for these services to the petitioner. The City may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until such fees are paid by the petitioner. The submittal of a development proposal application or petition by a petitioner shall be construed as an agreement to pay for such professional review services applicable to the proposal. Review fees which are applied to a petitioner, but which are not paid, may be assigned by the City as a special assessment to the subject property.
[Amended by Ord. No. 15-06]
A. 
Determine the gross site area (GSA) of the site:
(1)
Total site area as determined by actual on-site survey:
_____acres
(2)
Subtract area located within proposed rights-of-ways of roads and within proposed boundaries of public facilities which are designated within the City's Comprehensive Master Plan and/or required for dedication per Chapter 442:
-
_____acres
(3)
Subtract land which although part of the same parcel is not contiguous to, or is not accessible from, the proposed road network serving the project:
-
_____acres
(4)
Subtract land which is proposed for a different option or a different zoning district:
-
_____acres
(5)
Subtract area of navigable waters (lakes and streams):
-
_____acres
(6)
Equals gross site area (GSA):
=
_____acres
B. 
Determine the required resource protection area (RPA) of the site:
(1)
Portion of gross site area containing floodways:
_____acres
(2)
Add portion of gross site area containing floodplain areas:
+
_____acres
(3)
Add portion of gross site area containing floodfringes:
+
_____acres
(4)
Add portion of gross site area containing wetlands:
+
_____acres
(5)
Add portion of gross site area containing drainageways:
+
_____acres
(6)
Add portion of gross site area containing lakeshores:
+
_____acres
(7)
Add portion of gross site area containing woodlands:
+
_____acres
(8)
Add portion of gross site area containing steep slopes:
+
_____acres
(9)
Subtract portions of natural resource areas (1) through (8) above made developable by using approved environmental mitigation techniques:
-
_____acres
(10)
Equals required resource protection area (RPA):
=
_____acres
C. 
Determine the net developable area (NDA) of the site:
(1)
Enter gross site area (GSA) [from A(6), above]:
_____acres
(2)
Subtract required resource protection area (RPA) [from B(10) above]:
-
_____acres
(3)
Equals net developable area (NDA):
=
_____acres