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.
(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]
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.
(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.
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.
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.
(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.
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.
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
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.
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
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:
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.
(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.
(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.
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:
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.
(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.
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
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.
(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.
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.
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:
(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
(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).
(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.
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.
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;
(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
(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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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.
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.
[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.
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.
(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.
(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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(9)
Filing or recording fee with City Clerk.
(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.
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
|
