[Amended 9-3-2024 by Ord. No. 3110; 2-17-2025 by Ord. No. 3120; 4-6-2026 by Ord. No. 3156]
(a) Authority to receive legislative requests.
(1) The Community Development Director or their designee shall have the authority to receive applications for the following legislative requests to City boards, commissions, or councils including but not limited to:
a. Long-term temporary use permit.
d. Zoning text amendment/rezoning/Official Map of the City of Oak Creek amendment.
e. Site plan and architectural review.
g. Planned unit developments.
h. Appeals, variances, and boundary disputes for floodplains.
(2) The following table summarizes the legislative review procedures and lists the appropriate body for appeals of legislative determinations or decisions.
Table 17.0804(a)(2) |
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Summary of Legislative Review Procedures |
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Procedure | Section | Board of Housing and Zoning Appeals | Plan Commission | Common Council | Milwaukee County Court |
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Long-term temporary use permit | | | • | ••• | |
Variance | | • | | | ••• |
Planned unit development | | | •• | • | |
Conditional use permit | | | •• | • | |
Zoning text amendment/rezoning/Official Map of the City of Oak Creek amendment | | | •• | • | |
Site plan and architectural review | | ••• | • | | |
Appeals | | • | | | |
NOTES: |
• = Decisionmaking body |
•• = Recommending body |
••• = Appeal body |
(b) Notice requirements. Applications for legislative review and approval shall be noticed and shall be mailed to all property owners within 300 feet of lands included in the application. The Alderperson of the impacted district may extend the notice boundary.
(c) Long-term temporary use permit.
(1) Applicability. A long-term temporary use permit shall be required prior to the commencement of a temporary use identified in §
17.0304(b) and
(c) lasting more than 14 days.
(2) Application. An application for a long-term temporary use permit shall be submitted to the Community Development Director or their designee and include the following information:
a. Name, address, and contact information, of the applicant.
b. Location of the proposed long-term temporary use.
c. A written description of the proposed long-term temporary use or event, the duration of the use or event, the hours of operations, anticipated attendance, and any buildings, structures, signs or attention-attracting devices used in conjunction with the event.
d. Proof of compliance with all applicable use specific standards as established in Article
IV.
e. A response to each of the criteria established in the long-term temporary use approval criteria below.
f. A sketch plan showing the location of proposed structures (including on-site restrooms and trash receptacles), parking areas, activities, signs, and attention attracting devices in relation to existing buildings, parking areas, streets, and property lines.
g. Written confirmation from the property owner agreeing to the long-term temporary use.
h. Any additional information deemed necessary by the Community Development Director or their designee.
(3) Long-term temporary use permit approval criteria. To approve an application for a long-term temporary use, the Plan Commission shall make an affirmative finding that the following criteria are met:
a. Land use compatibility. The temporary use must be compatible with the purpose and intent of this Zoning Ordinance and the zoning district in which it will be located. The temporary use shall not impair the normal, safe, and effective operation of a permanent use on the same site. The temporary use shall not endanger or be materially detrimental to the public health, safety or welfare, or injurious to property or improvements in the immediate vicinity of the temporary use, given the nature of the activity, its location on the site, and its relationship to parking and access points.
b. Compliance with other regulations. A building permit or temporary certificate of occupancy may be required before any structure used in conjunction with the temporary use is constructed or modified. All structures and the site as a whole shall meet all applicable building code, zoning district, and fire code standards and shall be promptly removed upon the cessation of the use or event. Upon cessation of the event or use, the site shall be returned to its previous condition (including the removal of all trash, debris, signage, attention attracting devices, or other evidence of the special event or use).
c. Hours of operation and duration. The duration and hours of operation of the temporary use shall be consistent with the intent of the event or use, and compatible with the surrounding land uses. The duration and hours of operation shall be established by the Community Development Director or their designee at the time of approval of the temporary use permit. However, in no instance shall the duration of a temporary use exceed 14 days. Temporary use permits for longer periods may be issued by the Plan Commission.
d. Traffic circulation. The temporary use, as determined by the City Engineer, shall not cause undue traffic congestion or accident potential given anticipated attendance and the design of adjacent streets, intersections and traffic controls.
e. Off-street parking. Adequate off-street parking shall be provided for the temporary use, as determined by the Community Development Director or their designee, and it shall not create a parking shortage for any of the other existing uses on the site.
f. Public conveniences and litter control. Adequate on-site restroom facilities may be required. Adequate on-site solid waste containers may also be required. The applicant shall provide a written guarantee that all litter generated by the event or use shall be removed at no expense to the City.
g. Appearance and nuisances. The temporary use shall be compatible in intensity, appearance, and operation with surrounding land uses in the area, and it shall not impair the usefulness, enjoyment, or value of adjacent property due to the generation of excessive noise, dust, smoke, glare, spillover lighting, or other forms of environmental or visual pollution.
h. Signs and attention-attracting devices. The Community Development Director or their designee shall review all signage in conjunction with the issuance of the permit, although a sign permit is not required. The Community Development Director or their designee may approve the temporary use of attention-attracting devices. The number and types of signs and attention-attracting devices allowed shall be evaluated on the following criteria:
1. Type and size of the proposed event or use.
2. Safety considerations (sight distance setbacks, sidewalks in area, etc.).
3. Lighting considerations (disturbance of nearby residents or adverse effects to traffic on adjacent streets).
4. Aesthetic concerns (appearance, illumination, number, and size of signs and attention-getting devices proposed).
i. Other conditions. The Plan Commission may establish any additional conditions deemed necessary to ensure land use compatibility and to minimize potential adverse impacts on nearby uses, including, but not limited to, time and frequency of operation, temporary arrangements for parking and traffic circulation, requirements for screening/buffering, and guarantees for site restoration and cleanup following the temporary use. Conditions may include, but shall not be limited to:
1. Modifications or restrictions to the hours of operation, duration of the event, size of the activity or other operational characteristics.
2. The posting of a performance bond to help ensure that the operation of the event or use and the subsequent restoration of the site are conducted according to required stipulations.
3. If the permit applicant requests the City to provide extraordinary services or equipment or if the Plan Commission otherwise determines that extraordinary services (e.g., traffic control or security personnel) or equipment should be provided to protect the public health or safety, the applicant shall be required to pay to the City a fee sufficient to reimburse the City for the costs of these services if not provided by the applicant. This requirement shall not apply if the event or use has been anticipated in the budget process and sufficient funds have been included in the budget to cover the costs incurred.
4. Obtaining liability and personal injury insurance in such form and amount as the Plan Commission finds necessary to protect the safety and general welfare of the community.
(4) Review and action by the Plan Commission. The Plan Commission shall make a determination whether to approve, approve with conditions, or deny the permit. Any applicant denied a permit by the Plan Commission shall be notified in writing of the reasons for the denial and of the opportunity to appeal the denial to the Common Council.
(5) Appeals. Appeals of long-term temporary use permits denied by the Plan Commission shall be taken to the Common Council within 30 days of the date the interpretation was rendered.
(d) Variance.
(1) Applicability. The Board of Housing and Zoning Appeals is authorized to hear and grant appeals for variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit and purposes of this article shall be observed, and the public safety and welfare secured, and substantial justice done. Use variances shall not be granted.
(2) Applications. Variance applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the Community Development Director or their designee. Variance applications may be submitted only after the issuance of a denial for a building permit or letter of denial by the Community Development Director or their designee. Such applications shall include the following and any other material deemed necessary by the Community Development Director or their designee to ensure the variance criteria are met.
a. Name and address of the applicant.
b. Plat of survey prepared by a registered land surveyor showing all of the information required under §
17.0803 for a building permit when required by the Building Commissioner or a designee, Community Development Director or their designee or a sketch drawn to a recognized map scale may be submitted.
c. Additional information required by the City Engineer, Board of Housing and Zoning Appeals, Community Development Director or their designee, Building Commissioner, or a designee.
d. A filing fee, as set forth in a resolution adopted by the Common Council, shall be submitted with the application.
(3) Notice to DNR. The Board of Housing and Zoning Appeals shall transmit a copy of each application for a variance to regulations of the Floodplain or the Shoreland Wetland Conservancy Districts to the Wisconsin Department of Natural Resources (DNR). A copy of the final decision regarding variance applications related to conservancy district regulations or to floodplain district regulations shall be transmitted to the DNR.
(4) Variance review criteria. No variance to the provisions of this article shall be granted by the Board of Housing and Zoning Appeals unless it finds by a preponderance of the evidence that all the following facts and conditions exist and so indicates such in the minutes of its proceedings. A negative finding of fact on any of the following criteria shall require a negative vote on the application as a whole.
a. Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated permitted use, accessory use, or conditional use in that particular district.
b. Exceptional circumstances. There must be unique circumstances or conditions applying to the lot, parcel, or structure that do not apply generally to other properties of uses in the same zoning classification, and the granting of the variance should not be of so general or recurrent nature as to suggest that the Zoning Ordinance should be changed.
c. Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.
d. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and same vicinity.
e. Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this Zoning Ordinance or the public interest.
f. Additional requirements in floodplain districts. The criteria in § 17.1050(c)(4) must be met.
(5) Review and action by the Board of Housing and Zoning Appeals. The Board of Housing and Zoning Appeals shall review major variance applications and any public comment received during the public hearing, then act to approve, approve with conditions, or deny the request within 30 days after the public hearing. The Board of Housing and Zoning Appeals shall transmit a signed copy of their decision to the applicant, Building Commissioner or designee, Community Development Director or their designee, and Plan Commission. The final decision regarding the major variance application related to floodplain district regulations shall be in accordance with §
17.0804(d)(4).
(6) Appeals. Appeal of a major variance denied by the Board of Housing and Zoning Appeals shall be taken to the County Court within 30 days of the date the interpretation was rendered. The court shall not stay proceedings upon the decision appealed from, but may, on application, on notice to the Board of Housing and Zoning Appeals and on due cause shown, grant a restraining order. The Board of Housing and Zoning Appeals shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof. If necessary for the proper disposition of the matter, the court may take evidence, or appoint a referee to take evidence and report findings of fact and conclusions of law as it directs, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify, the decision brought up for review.
(7) Expiration of approval. Variances granted by the Board of Housing and Zoning Appeals, relating to the commencement of construction of a building or structure, shall expire within a period of time established by the Board of Housing and Zoning Appeals, but in no case shall such period exceed 12 months unless a building permit has been issued pursuant to such variance. The variance shall remain valid only so long as the building permit shall remain valid. If the variance expires, it is null and void and the applicant must reapply for a variance.
(e) Conditional use permit.
(1) Applicability. Uses designated under the various zoning districts herein as conditional uses are so classified because they may have site-specific impacts that require the discretionary review of the Common Council. The following procedure is established to integrate the conditional uses properly with other land uses located in the district. These uses shall be reviewed and authorized or denied according to the following procedure.
(2) Application. Applications for conditional use permits shall be submitted to the Community Development Director or their designee and shall include, but not be limited to the following where pertinent and necessary for proper review by the Plan Commission.
a. Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor, and all opposite and abutting property owners of record.
b. Description of the subject site by lot, block, and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.
c. Site plan including the information required by the Community Development Director or their designee.
d. Additional information as may be required by the Plan Commission, City Engineer, Building Commissioner, Plumbing Inspector, Electrical Inspector, or Fire Inspector.
(3) Conditional use permit review criteria. A conditional use permit may be granted upon finding in the review of the application that all applicable use specific provisions per Article
IV of this Zoning Ordinance as well as the following criteria are met. A negative finding of fact on any of the following criteria shall require a negative vote on the application as a whole.
a. The establishment, maintenance or operation of the conditional use will not be detrimental to or endanger the public health, safety, or general welfare.
b. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
c. Adequate utilities, access roads, drainage, parking supply, internal circulation improvements, including but not limited to vehicular, pedestrian, bicycle, and other necessary site improvements have been or are being provided.
d. Measures have been or will be taken to provide adequate ingress and egress and designed to minimize traffic congestion and to ensure public safety and adequate traffic flow, both on-site and on the public streets.
e. The conditional use conforms to all applicable regulations of the district in which it is located.
(4) Review and recommendation by the Plan Commission. The Plan Commission shall review the conditional use permit application against the review criteria and all other provisions of this Zoning Ordinance and shall establish the conditions by which the conditional use permit shall be considered by the Common Council or recommend to the Common Council that the application be denied.
(5) Review and action by the Common Council. The Common Council shall hold a public hearing on each application giving public notice as required by this article. The Council may subsequently approve, approve with conditions, or deny the issuance of the conditional use permit, or require the submittal of a modified application. The conditional use permit shall be granted or denied in writing.
(6) Conditions and restrictions. The City may impose conditions such as the permit's duration, transfer, or renewal, in addition to any other conditions specified in the zoning ordinance or by the Plan Commission.
(7) Notice to DNR. The Plan Commission shall transmit a copy of each application for a conservancy conditional use in the C-1 Shoreland Wetland Conservancy District to the Wisconsin Department of Natural Resources (DNR) by certified mail at least 10 days prior to the public hearing. Final action on the application by the Common Council shall not be taken for 30 days from the date the DNR receives notice of public hearing by certified mail or until the DNR has made its recommendation, whichever comes first. A copy of all shoreland conservancy conditional use decisions shall be transmitted to the DNR within 10 days following the decision.
(8) Expiration of approval. The conditional use permit shall expire within no less than 12 months of the date of issuance of the permit if no work has commenced. The issuance of the building permit shall constitute commencement of work. The conditional use permit shall remain valid only so long as the building permit shall remain valid. The time period to commence work and to complete the project shall be determined by the Plan Commission; and both, if not complied with, shall warrant consideration for revocation of the conditional use permit in accordance with §
17.0804(e) of this article.
(9) Amendments. Changes subsequent to the initial issuance of a conditional use permit which would substantially affect the conditions listed this article shall require an amendment to the conditional use permit. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.
(10) Revocation of conditional use permit. Should a conditional use permit applicant, their heirs or assigns, fail to comply with the conditions of the permit issued by the Community Development Director or their designee or should the use, or characteristics of the use be changed without prior approval by the Common Council, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.
(11) Existing conditional uses. All uses existing on the effective date of this article which would be classified as conditional uses in the particular districts concerned, if they were to be established after the effective date of this article, are hereby declared to be conforming conditional uses. Any proposed change or expansion, including signage and parking, of the existing operation shall be subject to the conditional use procedures and regulations in this section, as if such use were being newly established.
(12) Use discontinuance. A conditional use permit shall be deemed to authorize only the particular use for which it was issued. Such permits shall automatically expire and cease to be of any force or effect if such use shall be discontinued for 12 consecutive months or more; provided, however, that if such use is discontinued due to labor strikes, war, natural disasters, or other similar cause(s) beyond the reasonable control of the holder of the conditional use permit, such twelve-month period shall be extended for a period of time equal to the period that the holder of the conditional use permit is prevented from engaging in the particular use for which the conditional use permit was issued.
(f) Zoning text amendment/rezoning/Official Map of the City of Oak Creek amendment.
(1) Applicability. The Common Council may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this Zoning Ordinance or amendments thereto. A text or map amendment may be initiated by the Common Council or Plan Commission or by an application of one or more of the owners, lessees, or contract purchasers of the property proposed to be changed.
(2) Applications. Applications for any amendment to the district boundaries or to the text of this Zoning Ordinance shall be filed with the Community Development Director or their designee, and shall contain a legal description of the premises to be rezoned or the regulations to be amended. If the application is submitted by a contract purchaser, a copy of the offer to purchase shall be included with the application. The application shall list the reasons which justify the application, and specify the proposed use, or provide the proposed amended wording in the regulation.
(3) Zoning text amendment/rezoning/Official Map of the City of Oak Creek amendment review criteria. The decision to amend the Zoning text, Zoning Map, and/or Official Map of the City of Oak Creek is a matter of legislative discretion that is not controlled by any single review criterion. In making recommendations and decisions on Zoning text amendments/rezonings/Official Map of the City of Oak Creek amendments, the Plan Commission and Common Council must consider all relevant factors, including at minimum the following three criteria:
a. Whether the proposed amendment is consistent with the policy and intent of the Comprehensive Plan.
b. Whether the proposed amendment corrects an error or inconsistency or is necessary to meet the challenge of a changed or changing condition.
c. Whether the proposed amendment is deemed necessary and appropriate based on the policy and intent of City plans, other than the Comprehensive Plan.
(4) Review and recommendation by the Plan Commission. The Plan Commission shall review all proposed text and map amendments within the corporate limits and shall recommend to the Common Council that the legislative request be approved as requested, modified and approved, or denied.
(5) Review and action by the Common Council. The Common Council shall hold a public hearing upon each application giving public notice thereof as specified in this article, listing the time, place, and the changes of amendments proposed. The Common Council shall also give at least 10 days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment. As soon as possible after such public hearing, and after careful consideration of the Plan Commission's recommendations, the Common Council shall act to either approve, modify, and approve, or deny the application.
(6) Protest. In the event of a protest against a district change duly signed and acknowledged by the owners of 20% or more either of the areas of the land included in such proposed change, or by the owners of 20% or more of the land immediately adjacent extending 100 feet therefrom, or by the owners of 20% or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such changes or amendments shall not become effective except by the favorable vote of 3/4 of the Common Council membership present and voting on the proposed change.
(7) Shoreland wetland amendments.
a. Notice to DNR. The City shall transmit a notice of any proposed change (text or map) in the C-1 Shoreland Wetland Conservancy District to the Wisconsin Department of Natural Resources (DNR). Notice requirements shall be as follows:
1. A copy of every application for a text or map change shall be mailed within five days of filing with the Director of Community Development.
2. At least 10 days' prior notice of any public hearing on a shoreland wetland zoning amendment shall be provided.
3. Notice of a City Plan Commission recommendation no later than 10 days following the recommendation shall be provided.
4. Notice of a Common Council decision no later than 10 days following the decision shall be provided.
b. Review standards. No wetland in the C-1 District shall be rezoned if the rezoning may result in a significant adverse impact on storm or floodwater storage capacity; maintenance of dry season stream flow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland; filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery or feeding grounds; wildlife; habitat; or areas of special recreational, scenic or scientific interest, including scarce wetland types.
c. DNR objections. If the DNR has notified the City Plan Commission that an amendment to the C-1 District may have a significant adverse impact upon any of the criteria listed in Subsection (b) above, that amendment, if approved by the Common Council, shall contain the following provision: "This amendment shall not take effect until more than 30 days have elapsed since written notice of the Common Council's approval of this amendment was mailed to the Department of Natural Resources. During that thirty-day period, the Department of Natural Resources may notify the Common Council that it will adopt a superseding shoreland ordinance for the City pursuant to §
62.231 of the Wisconsin Statutes. If the Department does so notify the Common Council, the effect of this amendment shall be stayed until the §
62.231, Wis. Stats. adoption procedure is completed or otherwise terminated."
(8) Floodplain amendments.
a. Obstructions or increases may only be permitted if amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with §
17.0804(f)(8)b.
1. In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this chapter, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with §
17.0804(f)(8)b. Any such alterations must be reviewed and approved by FEMA and the DNR.
2. In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this chapter, the official floodplain maps, floodway lines, and water surface profiles, in accordance with §
17.0804(f)(8)b.
b. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following:
1. Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height;
2. Any change to the floodplain boundaries and/or watercourse alterations on the FIRM;
3. Any changes to any other officially adopted floodplain maps listed in §
17.0306;
4. Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain;
5. Correction of discrepancies between the water surface profiles and floodplain maps;
6. Any upgrade to a floodplain zoning ordinance text required by §
NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and
7. All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA.
c. Procedures. Ordinance amendments may be made upon petition of any party according to the provisions of §
62.23, Wis. Stats. The petitions shall include all data required by §§
17.0306 and
17.0801(b)(2) The land use permit shall not be issued until a letter of map revision is issued by FEMA for the proposed changes.
1. The proposed amendment shall be referred to the Plan Commission for a public hearing and recommendation to the Common Council. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of §
62.23, Wis. Stats.
2. No amendments shall become effective until reviewed and approved by the Department.
3. All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the Common Council.
(g) Site plan and architectural review.
(1) Applicability. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall commence any use or erect any structure without first obtaining the approval of detailed site and architectural plans, as set forth in this section, prior to the issuance of a building permit. However, this process shall not be required for any single-family or two-family dwelling or in the A-1 Limited Agricultural District, the ER, Rs-1, Rs-2, Rs-3, Rs-4, and Rd-1 Residential Districts.
(2) Application. When site plan and architectural review are required, such plans shall be submitted in a form established by the Community Development Director or their designee, along with a nonrefundable fee as set forth in a resolution adopted by the Common Council. The application shall contain the following information as well as all other information required by the Community Development Director or their designee to ensure compliance with the site plan and architectural review criteria.
a. Plans shall be submitted as Adobe Acrobat compatible PDFs and CAD files on a USB jump drive. Security settings shall allow reviewers to mark-up digital documents, create notes, and to insert/remove sheets.
b. Labels for the date, scale, north point, title, name of owner, and name of person preparing the plan.
c. A map layout showing the location of existing boundary lines and dimensions of the legal lot(s) or tract of land, any existing easements, and utility locations. An official survey prepared by a surveyor registered in the State of Wisconsin may be required by the Community Development Director or their designee for any application, as needed to satisfy this requirement.
d. The location, size, and setbacks from the property lines, of all existing and proposed structures, buildings, and land improvements.
e. A building elevation plan, showing the height, facade design, and exterior building materials (including schedule of materials and percent of the elevation upon which material shall be used) and window specifications, for all proposed buildings.
f. A parking plan, showing the location and size of existing and proposed streets and alleys, sidewalks, parking and loading spaces, ADA compliant spaces, drive aisles, driveways, vehicular and pedestrian circulation, cross-access connections, fire lanes, bumpers, curbs, wheel stops, landscaping areas, and a detail of the surfacing materials.
h. A grading plan showing existing and proposed contours, drainage features, and stormwater management and green infrastructure features.
i. A lighting plan, showing the location, height, and direction of all outdoor lighting, lot boundary lines with foot-candle distribution, and light fixtures specifications.
j. The location, size, and type of proposed signs, if known.
(3) Site plan and architectural review criteria. To implement and define criteria for the purposes set forth above, the following principles are established to apply to all new structures and uses and to changes or additions to existing structures and uses.
a. No building shall be permitted where any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades of surrounding properties and presents an attractive appearance to the public. Predominant exterior building materials must be of high quality. Acceptable exterior materials include split face concrete masonry, decorative block, four-inch brick veneer, four-inch stone veneer, cut stone panels, pre-cast concrete wall panels, and terra cotta. Proposals to use other materials, including cement fiber products or cultured stone shall require a 3/4 majority of the Plan Commission. Materials such as smooth-faced concrete block, EIFS products (such as Dryvit) or pre-fabricated steel panels are not permitted as a primary exterior building material and shall only be allowed as an accent material comprising no more than 25% of the visible perimeter of the building. Material and color samples shall be submitted to the Plan Commission for review and approval. The Plan Commission has the discretion to adjust this minimum for building additions.
b. The relative proportion of a building to its neighboring buildings or to other existing buildings shall be maintained or enhanced when new buildings are built or when existing buildings are remodeled or altered.
c. The visual continuity of roofs of neighboring buildings and their contributing elements (parapet walls, coping, and cornices) shall be maintained wherever possible in building development and redevelopment. A flat roof appearance is not permitted in commercial or office and professional business zoning districts. There must be some type of visible roof form (parapets, overhanging eaves, sloped roofs) incorporated into the design of the building.
d. Buildings shall be designed in such a manner that long expanses of blank wall are broken up by the use of windows, articulation or modulation of the building footprint and/or changes in building materials and colors. Visible building facades in excess of 100 feet in length must incorporate recesses and projections along the length of the facade. Windows, awnings, and arcades must be an integral part of the facade abutting a public street. Sides of a building that are visible from adjoining residential properties and/or public streets should contribute to the pleasing scale features of the building by featuring characteristics similar to the front facade of the building. Each principal building shall have a clearly defined, highly visible customer entrance with features such as canopies or porticos, arcades, arches, wing walls, and integral planters.
e. No building or use shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions of the City.
f. Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical. The Plan Commission may require that drainage easements be executed.
g. Each retail or service establishment in excess of 25,000 square feet gross floor area must contribute to the establishment or enhancement of community and public spaces by providing a community amenity on the premises such as a patio/seating area, water feature, clock tower, or pedestrian plaza with benches. Retail establishments in excess of 100,000 square feet gross floor area must provide at least two of these amenities.
h. Buildings and uses shall be provided with dumpsters and trash receptacles in a number and location appropriate for the use as determined by the Plan Commission.
i. Wetlands shall not be cleared, filled or drained if the development will result in significant adverse impacts to the functional values of the affected wetlands, significant adverse impacts to water quality or other environmental consequences. They shall be protected within an overall development plan for the property. In order to make this determination, the owner or developer of any property or properties that are involved with any of the following shall have any wetland on the property, as outlined on the 1987 Final Wetland Inventory Map, identified, staked and legally described:
j. Tree preservation requirements included in §
17.0505(d) shall be met.
(4) Review criteria modification. The Plan Commission may modify any of the site plan review criteria by a 3/4 majority vote of those Commissioners present at a meeting, but only if supplemental design elements or improvements are incorporated into the project which compensate for the modifications of the particular standard.
(5) Review and approval by the Plan Commission. The Plan Commission shall review and evaluate the request in light of the text of this Zoning Ordinance and any other relevant information. The Plan Commission shall impose time schedules for the completion of buildings, parking areas, open space utilization, and landscaping. The Plan Commission may require appropriate sureties to guarantee that improvements will be completed on schedule; as well as the approved protection of the identified wetlands and woodlands on the approved plan. The Plan Commission shall render an approval or approval with conditions in writing to the applicant, only when satisfied that the proposed project complies with all applicable provisions of this Zoning Ordinance and with all adopted plans and policy documents of the City. If the Plan Commission is not satisfied that the proposed project complies with all applicable provisions of this Zoning Ordinance and with all adopted plans and policy documents of the City, they shall render a denial to the applicant. The Plan Commission may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into compliance with this Zoning Ordinance and adopted plans and policy documents. Any notice of denial shall state the reason for denial.
(6) Appeals. Any person or persons aggrieved by any decisions of the Plan Commission related to plan review may appeal the decision to the Board of Housing and Zoning Appeals. Such appeal shall be filed with the City Clerk within 30 days after the decision of the Plan Commission.
(7) Expiration. Plan Commission approval under the authority of this section shall be valid for a period no longer than one year unless a building permit is issued.
(h) Appeals, nonfloodplain.
(1) Applicability. The Board of Housing and Zoning Appeals is authorized to hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by any administrative official.
(2) Applications. Appeals of the decision of any administrative official concerning the literal enforcement of this article may be made by any person aggrieved or by any officer, department, or board of the City. Such appeals shall be filed with the City Clerk within 30 days after receipt of written notice of the decision or order of any administrative official. Such appeals applications shall include the following:
a. Name and address of the appellant and all abutting and opposite property owners of record.
b. Plat of survey prepared by a registered land surveyor showing all of the information required for a building permit when required by the Building Commissioner or a designee, Zoning Administrator or designee or a sketch drawn to a recognized map scale may be submitted.
c. Additional information required by the Plan Commission, City Engineer, Board of Housing and Zoning Appeals, Community Development Director or their designee, Building Commissioner, or a designee.
d. A filing fee, as set forth in a resolution adopted by the Common Council, shall be submitted with the application.
(3) Appeal review criteria. An appeal of an administrative decision shall be sustained only if the Board of Housing and Zoning Appeals finds that the administrative official erred.
(4) Review and action by Board of Housing and Zoning Appeals.
a. The Board of Housing and Zoning Appeals shall fix a reasonable time for the hearing of the appeal, give public notice, as well as due notice to the parties in interest, and decide the same within a reasonable time. At the public hearing, any party may appear in person or by agent or by attorney.
b. The Board of Housing and Zoning Appeals shall grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant.
c. In exercising the appeal power, the Board of Housing and Zoning Appeals shall have all the powers of the official from whom the appeal is taken, and the Board of Housing and Zoning Appeals may reverse or affirm wholly or partly or may modify the decision being appealed. The Board of Housing and Zoning Appeals' decision is final.
d. If the Board of Housing and Zoning Appeals determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence.
(5) Effect of appeal. An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Board of Housing and Zoning Appeals after the notice of appeal shall have been filed with them that by reason of 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 other than by a restraining order which may be granted by the Board of Housing and Zoning Appeals or by a court of record on application and notice to the officer from whom the appeal is taken and on the cause shown.
(i) Appeals, variances, and boundary disputes for floodplains.
(1) Applicability. The Board of Housing and Zoning Appeals is authorized to hear and decide.
a. Appeals when it is alleged that there is error in any order, requirement, decision, or determination made by any administrative official regarding floodplain administration and enforcement.
b. Disputes concerning floodplain district boundaries.
(2) Appeals. Appeals to the Board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the Zoning Administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the matter appealed.
a. Appeals of permit denials. The Board shall review all data related to the appeal, including, but not limited to:
2. Floodway/floodfringe determination data in §
17.0306;
3. Data listed in §
17.0306 where the applicant has not submitted this information to the zoning administrator;
4. Other data submitted with the application or submitted to the Board with the appeal;
5. Zoning agency recommendations.
b. Appeals, increase in regional flood elevation. For appeals concerning increases in regional flood elevation, the Board shall:
1. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of §
17.0804(f)(8); and
2. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist.
(3) Variances.
a. The Board may, upon appeal, grant a variance from the standards of this chapter if an applicant convincingly demonstrates that:
1. Literal enforcement of the ordinance will cause unnecessary hardship;
2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended;
3. The variance is not contrary to the public interest; and
4. The variance is consistent with the purpose of this chapter in §
17.0306.
b. In addition to the criteria in §
17.0804(i)(3)a, to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met:
1. The variance shall not cause any increase in the regional flood elevation;
2. The applicant has shown good and sufficient cause for issuance of the variance;
3. Failure to grant the variance would result in exceptional hardship;
4. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;
5. The variance granted is the minimum necessary, considering the flood hazard, to afford relief.
c. A variance shall not:
1. Grant, extend or increase any use prohibited in the zoning district;
2. Be granted for a hardship based solely on an economic gain or loss;
3. Be granted for a hardship which is self-created;
4. Damage the rights or property values of other persons in the area;
5. Allow actions without the amendments to this chapter or map(s) required in §
17.0804(f)(8); and
6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure.
d. When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25 per $100 of coverage. A copy shall be maintained with the variance record.
(4) Floodproofing standards.
a. No permit or variance shall be issued for a nonresidential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA floodproofing certificate. Floodproofing is not an alternative to the development standards in §
17.0306.
b. For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either:
1. Certified by a registered professional engineer or architect; or
2. Meeting or exceeding the following standards:
[a] A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;
[b] The bottom of all openings shall be no higher than one foot above grade; and
[c] Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
c. Floodproofing measures shall be designed, as appropriate, to:
1. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors;
2. Protect structures to the flood protection elevation;
3. Anchor structures to foundations to resist flotation and lateral movement;
4. Minimize or eliminate infiltration of floodwaters;
5. Minimize or eliminate discharges into floodwaters;
6. Place essential utilities to or above the flood protection elevation; and
7. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply:
[a] The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of floodwaters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade;
[b] The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials;
[c] Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and
[d] The use must be limited to parking, building access or limited storage.
(5) Notice and hearing for appeals and variances.
a. Notice. The Board shall:
2. Assure that notice shall be mailed to the parties in interest and the Department Regional Office at least 10 days in advance of the hearing.
b. Hearing. The Board shall:
(6) Decision. The final decision regarding the appeal or variance application shall:
a. Be made within a reasonable time;
b. Be a written determination signed by the chairman or secretary of the Board;
c. State the specific facts which are the basis for the Board's decision;
d. Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application;
e. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings; and
f. Be sent to the Department Regional Office within 10 days of the decision.
(7) Boundary disputes. The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries:
a. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary.
b. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and
c. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to §
17.0804(f)(8).