Ashland City Zoning Code

PART 3

Application, Review, And Approval Procedures

3.1 General Provisions

Intent. The intent of this Part of the Unified Development Ordinance is to establish application procedures, internal review procedures, public notice and hearing procedures, and approval criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdictions of the City of Ashland.
General Types of Development.
1. Development defined. Except where the context otherwise requires, and in absence of a more limiting provision in this Ordinance, development means the performance of any building or mining operation, or the making of any material change in the use or appearance of any structure or land. All development within the City of Ashland, except as hereinafter specified, shall be undertaken in accordance with the provisions of this Ordinance and only after a development permit is issued, if required by this Ordinance. All development shall be categorized as one of the following types of development:
  1. General Development. Development for which a development permit or building permit will be granted as a right on compliance with the terms of this Ordinance, hereinafter called General Development.
  2. Conditional Development. Development for which a development permit will be granted only after exercise of discretion in accordance with the criteria of this Ordinance, hereinafter called Conditional Development or Conditional Use.
  3. Exempt Development. Development that is exempt from the regulations of this Ordinance, as specified in Section 3.1, B., 3.: Exempt Activities.
2. Permits required. The following activities or uses shall be taken to involve development and shall require a development, building, sign and/or other applicable permit, unless expressly excluded by this Ordinance:
  1. A change in type of use of a structure or land, a change from one use to a more intense use, or a change from one use sector to a use in another sector as designated by the North American Industry Classification System (NAICS);
  2. A reconstruction, or alteration of the size, or material change in the external appearance, of a structure on land;
  3. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure on land;
  4. Commencement of mining or excavation on a parcel of land;
  5. Demolition or moving of a structure;
  6. Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land;
  7. In the connection with the use of land, the making of any material change in noise levels, thermal conditions, emissions of waste material, or other objectionable element;
  8. Commencement or change in the location of street graphics or use of land, and the commencement or change in the location of advertising on the external part of a structure;
  9. Alteration of a shore, bank, floodplain of a stream, lake, pond, or artificial body of water;
  10. Reestablishment of a nonconforming or conditional use that has not been used for one (1) year;
  11. Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of this Ordinance granting the development permission under which the development was commenced or is continued; or
  12. Earth grading, filling, and/or excavation activities for the purpose of altering the parcel or site for future development.
3. Exempt activities. The following operations or uses do not constitute development for the purposes of this Ordinance:
  1. The maintenance or improvement of a public road or railroad track not involving substantial engineering redesign if the work is carried out on land within the boundaries of the right-of-way;
  2. Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal, or construction on an established right-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like;
  3. Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior where the costs of such work (including labor) is less than five-thousand dollars ($5,000), or affects only the color of the structure or decoration of the exterior of the structure, but does not otherwise materially affect the external appearance of the structure;
  4. The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling;
  5. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products or for other agricultural purposes, except the growing or storage of livestock;
  6. A change in the use of land or structure from a use within a use group specified in this Ordinance to another use in the same use group; or
  7. Official public information street graphics installed by or at the discretion of the City of Ashland, Ashland County, or the State of Wisconsin.
General Types of Development Reviews and Approvals. There shall be the following three (3) general types of reviews and approvals associated with development in the City of Ashland:
1. Public hearing. Development or actions that require special opportunities for broad public input require a public hearing pursuant to Public Hearing and Noticing Requirements.
2. Public informational meeting. Development that requires action by an elected or appointed body, but does not require a public hearing, may cause a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings.
3. Administrative review and approval. Development or action that requires administrative review and approval in lieu of review and approval by an elected or appointed body. Refer to Section 3.1, H.: General Procedures Associated with Administrative Reviews and Approvals for additional information.
General Development Review Elements and Procedures.
1. Pre-application meeting. Prior to the submission of an application as required by this Ordinance, a pre-application meeting may be required by this Ordinance or encouraged by the Zoning Administrator or Designated Authorized Agent as follows:
  1. Purpose of the meeting. A pre-application meeting is a meeting between a potential applicant and the Zoning Administrator and/or other City Staff. The meeting provides an opportunity for an applicant to describe the proposed development and for the Zoning Administrator and/or other City Staff to indicate which application is appropriate and what criteria will be used to determine whether the application should be approved.
  2. Meeting format. Unless otherwise specified in this Ordinance, there is no required format for a pre-application meeting.
  3. Combined meetings. Pre-application meetings may be combined when an applicant anticipates making simultaneous applications for the same project.
  4. No approval action. Participation in a pre-application meeting does not imply or assume subsequent approval, approval with conditions, or denial of an application.
2. Application forms and fees. The following provisions shall apply to all required applications pursuant to this Ordinance:
  1. Forms. Applications shall be submitted on forms, with any requested information and attachments, and in such numbers, as required by the City, including any checklists for submittals. The Zoning Administrator or Designated Authorized Agent shall have the authority to request any other pertinent information required to ensure compliance with this Ordinance. The Zoning Administrator or Designated Authorized Agent shall make the required forms available to all applicants. The forms may be available for downloading from the City’s official website.
  2. Application fees. Fees for those applications required by this Ordinance shall be in accordance with the City’s current fee schedule, which the Common Council may update from time to time. The fees are intended to cover the City’s actual costs in processing the application. Such costs may include, but are not limited to, filing the application, publishing notices, and mailing notices regarding the application.
  3. Review costs. In addition to the costs incurred by the City in processing an application, the City may incur costs to review an application. The cost for all such reviews shall be borne by the applicant. The City reserves the right to require an escrow account be established to provide funds for anticipated review costs.
  4. Refundability of fees. Planning, zoning, and building permit/license fees are refundable if a permit is not issued. Application review fees, fees for permits requiring Plan Commission approval, publication fees and issued permit/license fees are non-refundable.
3. Application deadline. All applications shall be completed and submitted to the Zoning Administrator or Designated Authorized Agent in accordance with a schedule established annually by the City. An application shall not be considered officially submitted until it has been determined to be complete pursuant to the provisions of this Section.
4. Application completeness.
  1. Completeness requirements. An application shall be considered submitted only after the Zoning Administrator or Designated Authorized Agent has determined it is complete, it is in the required form, it includes all mandatory information (including all exhibits), and it is accompanied by the applicable fee.
  2. Completeness review period. A determination of application completeness shall be made by the Zoning Administrator or Designated Authorized Agent within fifteen (15) working days of the City’s receipt of the application.
  3. Incomplete application. If the application is determined to be incomplete, the Zoning Administrator or Designated Authorized Agent shall provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of the application shall occur until the deficiencies are corrected.
5. Limit of time relating to final action. Upon receipt of a complete application, the City and the applicable review authorities shall review the application and take final action on the application in a timely manner consistent with Wisconsin Statutes. The allowable time to take final action on an application is specified in the review procedures of the application. However, the allowable time to take final action may be extended in writing by mutual acceptance of the approval authority and the applicant and consistent with Wisconsin Statutes.
6. Limit of time to commence work after approvals. Approvals made by the applicable approval authorities, unless otherwise stated in this ordinance or the approval, shall be void after twelve (12) months from the date of such approval if work on the related project has not commenced, unless an extension is granted by the Zoning Administrator, other Approval Authority, or Designated Authorized Agent.
7. Limit on reapplication. If any application is denied by the approval authority as specified in this Ordinance, another application or petition for the same permit, approval, or amendment for the same property (or any portion thereof) may not be filed within a period of ninety (90) days from the date of final denial, unless allowed by the appropriate approval body and based on the demonstration of any of the following conditions:
  1. Change in circumstances. There is substantial change in circumstances relevant to the issues and/or facts considered during the review of the application that might reasonably affect the approval body’s application of the relevant review standards to the development proposed in the application; or
  2. New information. New or additional information is available that was not available at the time of the review that might reasonably affect the approval body’s application of the relevant review standards to the development proposed; or
  3. Significant difference. A new application is proposed to be submitted that is significantly different from the prior application; or
  4. Mistake made. The final decision on the application was based on a mistake of fact.
General Review and Approval Criteria.
1. Required review and approval criteria. In reviewing and taking final action on an application or permit request, the review and approval authorities shall consider all approval criteria as specified in this Ordinance and shall consider all pertinent facts, public comments, and consistency with all applicable laws.
2. Conditions that may be attached to approval. Conditions may be attached to approval of permits to address any of the following conditions or other applicable conditions not herein listed:
  1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
  2. Control the sequence of development, including when it must be commenced and completed;
  3. Control the duration of use of development and the time within which any structures must be removed;
  4. Ensure that development, open spaces, private roads and utilities are maintained properly in the future;
  5. Designate the exact location and nature of development; and
  6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
3. Consideration of principles of sustainability in the review and approval process. Pursuant to the City of Ashland’s commitment to sustainability as described in Section 1.4: Integration of Principles of Sustainability, the review and approval process shall consider, to the extent reasonable, how an application or permit relates to the principles of sustainability as adopted by the City of Ashland and as specified in Section 1.4: Integration of Principals of Sustainability. Except as specified otherwise in this Ordinance, it is not the intent of this Ordinance to deny an application based exclusively on how the application relates to principles of sustainability. Instead, it is the intent of this Ordinance to assist in clarifying principles of sustainability that can help strengthen the proposed development and move the City towards sustainability.

Public Hearing and Noticing Requirements.

Intent of a public hearing. A public hearing is a special type of public meeting that is intended to provide the public with a formal opportunity to express their views and concerns on certain matters before the Plan Commission, the Common Council, or other elected or appointed bodies.

Required public hearing. Wherever Wisconsin Statutes or this Ordinance requires that a public hearing be held, the public hearing shall be conducted in accordance with Wisconsin Statutes and the provisions of this Ordinance. Table 3.1.A, Summary of Responsibility to Conduct a Public Hearing, identifies the types of applications that require a public hearing and the elected or appointed body responsible for conducting the public hearing. If the information in Table 3.1.A conflicts with the information specified in Sections 3.2 through 3.19 of this Ordinance, the information in Sections 3.2 through 3.19 shall take precedence.

Table 3.1.A: Summary of Responsibility to Conduct a Public Hearing
Application Procedure	Plan Commission	Zoning Board of Appeals	Common Council
Comprehensive Plan Amendment	Required	No	Optional
Zoning Map Amendment (Rezoning)	Required	No	Optional
Ordinance Text Amendment	Required	No	Optional
Floodplain Overlay Map or Text Amendment	Required	No	Optional
Wetland Overlay Map or Text Amendment	Required	No	Optional
PUD General Development Plan	Required	No	Optional
PUD Specific Implementation Plan	Required	No	Optional
Conditional Use Permit	Required	No	Optional
Variance	No	Required	No
Appeal of a Administrative Decision	No	Required	No
Appeals, Variances, and Boundary Dispute Resolution relating to the Floodplain Overlay	No	Required	No
Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay	No	Required	No
Discontinuance/Vacation of a Public Way	No	No	Required

General public hearing noticing requirements.

Summary of notice required. Public hearing notice shall be made as shown below in Table 3.1.B.: Summary of Public Hearing Notice Requirements.

Table 3.1.B: Summary of Public Hearing Notice Requirements
Application Procedure	Published	Mailed	Posted on Property	Posted in Public Place
Comprehensive Plan Amendment	Class 2	Discretionary	Discretionary	Discretionary
Zoning Map Amendment (Rezoning)	Class 2	Discretionary	Discretionary	Discretionary
Ordinance Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
Floodplain Overlay Map or Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
Wetland Overlay Map or Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
PUD General Development Plan	Class 2	Discretionary	Discretionary	Discretionary
PUD Specific Implementation Plan (public hearing only if required)	Class 2	Discretionary	Discretionary	Discretionary
Conditional Use Permit	Class 2	Discretionary	Discretionary	Discretionary
Variance	Class 1	Discretionary	Discretionary	Discretionary
Appeal of a Administrative Decision	Class 1	Discretionary	Discretionary	Discretionary
Appeals, Variances, and Boundary Dispute Resolution relating to the Floodplain Overlay	Class 2	Discretionary	Discretionary	Discretionary
Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay	Class 2	Discretionary	Discretionary	Discretionary
Discontinuance or Vacation of a Public Way	Class 3	Required	Discretionary	Discretionary

Published notice. At least seven (7) days prior to the date set for the public hearing, a Notice of Public Hearing shall be published in the local newspaper designated by the Common Council. In the case of a Comprehensive Plan Amendment, a Notice of Public Hearing shall be published at least thirty (30) days prior to the date set for the public hearing. There shall be three (3) classes of legal notices pursuant to Chapter 985 of the Wisconsin Statutes, as follows. The class of notice required for the application procedure shall be as specified in Table 3.1.A.: Summary of Public Hearing and Notice Requirements.
1. Class 1 Notice: Requires one (1) insertion in the local newspaper designated by the Common Council.
2. Class 2 Notice: Requires two (2) insertions in the local newspaper designated by the Common Council.
3. Class 3 Notice: Requires three (3) insertions in the local newspaper designated by the Common Council.
Mailed notice. A mailed Notice of Public Hearing shall not be required (except where otherwise specified in this Ordinance). However, when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may mail such notices by U.S. mail to the owners of record of real property within two hundred (200) feet of the property under consideration as. Such notice may be served by its deposit in the municipality, properly addressed with postage paid, in U.S. mail, preferably at least ten (10) days prior to the date set for the public hearing. Additional mailed notices may also be mailed pursuant to provisions of the specific application and development review procedures specified elsewhere in this Ordinance.
Posted notice on property. A Notice of Public Hearing shall not be required to be posted on the property under consideration, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notice or cause such notice to be posted. Such posting shall be in a format approved by the Zoning Administrator or Designated Authorized Agent and shall occur on a date specified by the Zoning Administrator or Designated Authorized Agent, preferably at least seven (7) days prior to the date set for the public hearing.
Posted notice in public place. A Notice of Public Hearing shall not be required to be posted in a public place, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notices, preferably at least seven (7) days prior to the date set for the public hearing and preferably in three (3) public places in the City of Ashland as determined by the Common Council.
Content of notice. Published or mailed notices shall contain at least the following information:
1. The legal description or street address of the property that is the subject of the application;
2. The substance of the application, including the type of proposed development and the current zoning district (if applicable);
3. The time, date, and location of the public hearing with a statement that interested parties may appear at the public hearing; and
4. A phone number to contact the City.
Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

Conduct of public hearing.
1. Public comment. Any party may appear and be heard in person or through an agent or attorney at the public hearing. Written comments may be submitted to the applicable review and approval authorities prior to or during the hearing.
2. Modification of an application at a public hearing.
  1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the public hearing or to suggestions or recommendations by the recommending or approval body holding the public hearing.
  2. Unless such modifications are so substantial that the recommending or approval body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, or unless such modifications are so substantial that a new public hearing must be noticed and held, then the approval body may approve the application with the stipulation that the final approval will not be effective until materials reflecting the agreed upon changes are submitted to the Zoning Administrator or Designated Authorized Agent.
  3. Where deemed appropriate by the approval body, modifications may be referred back to the recommending body for review, prior to further consideration. The approval body shall either continue the hearing at a certain new date and time or close the hearing and republish notice of any future public hearing.
3. Continuing the hearing. A public hearing may be continued without additional mailed or published notice, provided that the motion to continue the public hearing is made in open session, specifies the date and time when the public hearing will continue, and notice is provided consistent with Sections 19.81-19.98 of the Wisconsin Statutes, dealing with Wisconsin open meeting law.
4. Findings and conclusions. All findings and conclusions shall be based on reliable evidence as reasonably available.
5. Record. A record shall be made of all public hearings. All documentary evidence presented at public hearings shall be made part of the record.

General Procedures Associated with Public Informational Meetings and Notices.

Intent of a public informational meeting. A public informational meeting is a meeting held by the Plan Commission, the Common Council, or other elected or appointed bodies. The public can attend the meetings and may be encouraged to express their views and concerns on certain matters before the elected or appointed bodies. However, unlike a public hearing, a public informational meeting does not require a formal opportunity for the public to provide input, but generally does allow for comment.

Required public informational meetings. Table 3.1.C below summarizes the types of applications that may cause a public informational meeting and the body responsible for conducting the public informational meeting. The public informational meeting may occur at a regularly scheduled meeting of the public body.

Table 3.1.C: Summary of Responsibility to Conduct a Public Informational Meeting
Application Procedure	Plan Commission	Zoning Board of Appeals	Common Council
Site Plan Approval	Encouraged for developments of 75,000 sq. ft. or larger	No	No
PUD - Site Specific Plan	Required - or public hearing in lieu of	No	Required – or public hearing in lieu of
Preliminary Plat	Required – or public hearing in lieu of	No	No
Final Plat	Required – or public hearing in lieu of	No	Required – or public hearing in lieu of

General noticing requirements. Wherever this Ordinance requires that a public informational meeting be held, the meeting shall be conducted in accordance with the Wisconsin open meeting law as specified in Sections 19.81-19.98 of the Wisconsin Statutes and as follows:
1. Published notice. Published notice of a public informational meeting shall be consistent with the Wisconsin open meeting law. The notice shall be published in the local newspaper designated by the Common Council (and other news media per their request) at least twenty-four (24) hours, but preferably at least seven (7) days, in advance of the public informational meeting.
2. Mailed notice. A mailed notice of a public informational meeting shall not be required, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may mail such notices by U.S. mail to the owners of record of real property within two hundred (200) feet of the property under consideration as. Such notice may be served by its deposit in the municipality, properly addressed with postage paid, in U.S. mail, preferably at least ten (10) days prior to the date set for the public informational meeting. Additional mailed notices may also be mailed pursuant to provisions of the specific application and development review procedures specified elsewhere in this Ordinance.
3. Posted notice on property. A notice of a public informational meeting shall not be required to be posted on the property under consideration, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notice or cause such notice to be posted. Such posting shall be in a format approved by the Zoning Administrator or Designated Authorized Agent and shall occur on a date specified by the Zoning Administrator or Designated Authorized Agent, preferably at least seven (7) days prior to the date set for the public informational meeting.
4. Posted notice in public place. A notice of a public informational meeting shall not be required to be posted in a public place, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notices, preferably at least seven (7) days prior to the date set for the public informational meeting and preferably in three (3) public places in the City of Ashland as determined by the Common Council.
5. Content of notice. Published or mailed notices shall contain at least the following information:
  1. The legal description or street address of the property that is the subject of the application;
  2. The substance of the application, including the type of proposed development and the current zoning district (if applicable);
  3. The time, date, and location of the public informational meeting with a statement that interested parties may appear at the public informational meeting; and
  4. A phone number to contact the City.
6. Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.
Conduct of public informational meetings.
1. Modification of an application at a public informational meeting.
  1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the public informational meeting or to suggestions or recommendations by the body holding the public informational meeting.
  2. Unless such modifications are so substantial that the approval body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, or unless such modifications are so substantial that a new public informational meeting must be noticed and held, the approval body may approve the application with the stipulation that the final approval will not be effective until materials reflecting the agreed upon changes are submitted to the Zoning Administrator or Designated Authorized Agent.
2. Continuing the public informational meeting. A public informational meeting may be continued without additional mailed or published notice, provided that the motion to continue the meeting is made in open session, specifies the date and time when the public informational meeting will continue, and notice is provided consistent with Sections 19.81-19.98 of the Wisconsin Statutes, dealing with Wisconsin open meeting law.
3. Findings and conclusions. All findings and conclusions shall be based on reliable evidence as reasonably available.
4. Record. A record shall be made of all public informational meetings. All documentary evidence presented at the meetings shall be made part of the record.

General Procedures associated with Administrative Review and Approval.
1. Intent of administrative review and approval. Administrative review and approval is intended to allow a quicker and less costly review and approval process for development and land use matters that are not expected to have an adverse impact on neighboring properties or the broader community.
2. Required administrative review and approval. Wherever this Ordinance requires administrative review and approval, the review and approval process shall be conducted in accordance with the provisions of this Ordinance. Table 2.1.A in Section 2.1: General Provisions summarizes the types of applications that require administrative review and the administrative staff that has the primary responsibility for reviewing and approving the application. However, administrative review and approval may be conducted by a Designated Authorized Agent. Consequently, Table 2.1.A in Section 2.1: General Provisions should be referred to a general guide and the responsibilities listed may be modified based on the unique characteristics of the applications.
3. General noticing requirements. There shall be no required noticing associated with administrative review and approval. However, at their discretion, administrative staff may notify adjacent property owners of pending development.
4. Conduct of administrative review and approval. Administrative staff shall have the opportunity to consult with other staff and government agencies in reviewing and processing an application. The applicant shall have the opportunity to refine the application submittal as necessary to ensure that the application is consistent with this Ordinance.

3.2 Comprehensive Plan Amendment

Applicability. Amendments to the City’s Comprehensive Plan may be made from time to time to help guide the City in establishing and maintaining sound, sustainable, and desirable development within the city. Amendments may also be made to correct errors in the text or maps of the Comprehensive Plan or to address changed or changing conditions in a specific area or in the city generally.
Review Process. The review process shall be consistent with Chapter 66 of the Wisconsin Statutes, Comprehensive Planning and as follows:
1. Pre-application meeting. If a proposed development requires a Comprehensive Plan Amendment, the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A Comprehensive Plan Amendment may be initiated by any of the following:
  1. The Plan Commission;
  2. The Common Council;
  3. The Zoning Administrator or Designated Authorized Agent; or
  4. The property owner or their designated agent
3. Application submittal. A complete application shall be submitted to Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Considering the approval criteria, deny the request or approve the request (by majority vote of the entire Plan Commission) recommending that the Common Council enact an ordinance approving the Comprehensive Plan Amendment.
6. Common Council action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application and considering the Plan Commission recommendation and the approval criteria, the Common Council shall deny the request or adopt an ordinance that amends the Comprehensive Plan unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
  3. Adoption of an ordinance shall require a majority vote of the entire Common Council.
7. Distribution of approved amendment. One copy of the adopted Comprehensive Plan Amendment shall be sent to all of the following:
  1. Every governmental body that is located in whole or part within the boundaries of the City;
  2. The clerk of every local governmental unit that is adjacent to the City;
  3. The Wisconsin Department of Administration;
  4. The Northwest Regional Planning Commission; and
  5. The Vaughn Public Library.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a Comprehensive Plan Amendment, the following approval criteria shall be considered:
1. The Comprehensive Plan Amendment helps guide and accomplish coordinated development that is harmonious with existing development in the City of Ashland, which will, in accordance with existing and future needs, best promote public health, safety, morals, and the general welfare, as well as the efficiency and economy in the process of development;
2. The Comprehensive Plan Amendment is consistent with the requirements and elements of Chapter 66 of the Wisconsin Statutes;
3. The Comprehensive Plan Amendment review process has provided adequate opportunity for public review and comment;
4. The Comprehensive Plan Amendment is generally consistent with the principles of sustainability as specified in Section 1.4: Integration of Principles of Sustainability.

3.3 Zoning Map Amendment (Rezoning)

Applicability.
1. General applicability. The Zoning Map may be amended whenever the public necessity, convenience, general welfare, or good zoning practice require. Amendments may also be made to correct errors in the Zoning Map or to address changed or changing conditions in a specific area or within the city generally. All Zoning Map Amendments must be consistent with the Comprehensive Plan and the provisions of this Section, except as modified by the special Zoning Map Amendment procedures specified in this Section.
2. Special Zoning Map amendment procedures. Due to the special requirements of specific zoning districts, Zoning Map Amendments relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay. An amendment to the Floodplain Overlay shall be pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay.
  2. Wetland Overlay. An amendment to the Wetland Overlay shall be pursuant to Section 3.7: Map and/or Text Amendment to the Wetland Overlay.
  3. Planned Unit Development (PUD) Overlay District. The creation of a Planned Unit Development (PUD) Overlay District shall be pursuant to Section 3.8: Creation of a Planned Unit Development Overlay District.
Review Process.
1. Pre-application meeting. If a proposed development requires a Zoning Map Amendment (rezoning), the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A Zoning Map Amendment may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria for a Zoning Map Amendment. In determining whether to approve, approve with conditions, or deny an application for a Zoning Map Amendment (rezoning), the following criteria shall be considered:
1. The Zoning Map Amendment is consistent with the Comprehensive Plan;
2. The Zoning Map Amendment promotes public health, safety, morals, and the general welfare, as well as the efficiency and economy in the process of development;
3. The Zoning Map Amendment is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood;
4. The property to be amended (rezoned) is suitable for the uses permitted by the Zoning District that would be applied by the proposed Zoning Map Amendment; and
5. The Zoning Map Amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.4 Unified Development Ordinance Text Amendment

Applicability.
1. General applicability. The text of the Unified Development Ordinance may be amended whenever the public necessity, convenience, general welfare, or good zoning practice require. Amendments may also be made to correct errors in the text of the Unified Development Ordinance or to address changed or changing conditions affecting the City. All text amendments must be consistent with the Comprehensive Plan.
2. Special Unified Development Ordinance text amendment procedures. Due to the special requirements of specific zoning districts, text amendments relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay District. An amendment to the Floodplain Overlay District shall be pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay District.
  2. Wetland Overlay District. An amendment to the Wetland Overlay District shall be pursuant to Section 3.7: Map and/or Text Amendment to the Wetland Overlay District.
Review Process.
1. Pre-application meeting. If a proposed development requires a text amendment to the Unified Development Ordinance, the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A text amendment may be initiated by any of the following:
  1. The Plan Commission;
  2. The Common Council;
  3. The Zoning Administrator or Designated Authorized Agent; or
  4. The property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested Ordinance Amendment.
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria. In determining whether to approve, approve with conditions, or deny an application for a text amendment to the Unified Development Ordinance, the following criteria shall be considered:
1. The text amendment is consistent with the Comprehensive Plan;
2. The text amendment promotes public health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development;
3. The text amendment is compatible with the present zoning and conforming uses of property and the character of neighborhoods; and
4. The text amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.6 Map And/Or Text Amendment To The Floodplain Overlay District

Applicability. The Common Council may change or supplement the Floodplain Overlay boundaries and the provisions of the Floodplain Overlay in accordance with this Ordinance and all applicable state and federal laws. Actions that require an amendment include, but are not limited to, the following:
1. Any change to the Official Floodplain Zoning Map, including the floodway line or boundary of any floodplain area;
2. Correction of discrepancies between the water surface profiles and floodplain zoning maps;
3. Any fill in the floodplain that 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;
4. Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more;
5. Any amendment to the floodplain text of this Ordinance as required by NR 116.05, Wisconsin Administrative Code, or otherwise required by law, or as required by this Ordinance;
6. All channel relocations and any change 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 Flood Insurance Rate Map requires prior approval of the Federal Emergency Management Agency (FEMA).
Review Process.
1. Pre-application meeting. The property owner of a proposed development that may involve a proposed amendment to the boundaries and/or the provisions of the Floodplain Overlay is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable Designated Authorized Agents of the City, pursuant to Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting may also involve pertinent representatives from the Regional Office of the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
2. Initiation. A Map Amendment to the Overlay Map relating to the Floodplain Overlay may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Within seven (7) days of the City having received a complete application, submit a copy of the proposed map and/or text amendment to the Regional Office of the Wisconsin Department of Natural Resources and to the Federal Emergency Management Agency (FEMA);
  3. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  4. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. FEMA review. Where the flood profiles are based on established base flood elevations from a Flood Insurance Rate Map (FIRM), the Federal Emergency Management Agency (FEMA) must also review and approve any map amendment.
6. Wisconsin Department of Natural Resources review and action. The Regional Office of the Wisconsin Department of Natural Resources shall review the requested amendment and provide comments to the City of Ashland at or prior to the public hearing as appropriate.
7. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
8. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested amendment unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council and shall be contingent on all required approvals from the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
9. Follow through on Common Council action. Within thirty (30) days following final action by the Common Council, the Zoning Administrator or Designated Authorized Agent shall submit a copy of the final action to the Regional Office of the Wisconsin Department of Natural Resources and to the Federal Emergency Management Agency (FEMA). No amendment shall become effective until reviewed and approved by the Regional Office of the Wisconsin Department of Natural Resources.
Approval Criteria. In determining whether to approve, approve with conditions, or deny an application for an amendment to the Floodplain Overlay, the following criteria shall be considered:
1. The amendment is consistent with the Comprehensive Plan;
2. The amendment promotes public health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development;
3. The amendment is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood;
4. The amendment does not adversely affect the waters of Lake Superior and its tributaries;
5. The amendment is consistent with all applicable state and federal laws relating to the floodplain; and
6. The amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.7 Map And/Or Text Amendment To The Wetland Overlay District

Applicability. The Common Council may change or supplement the Wetland Overlay boundaries and the provisions of the Wetland Overlay in accordance with this Ordinance and all applicable state and federal laws.
Review Process.
1. Pre-application meeting. The property owner of a proposed development that may involve a proposed amendment to the boundaries and/or the provisions of the Wetland Overlay is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable Designated Authorized Agents, pursuant to Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting may also involve pertinent representatives from the Regional Office of the Wisconsin Department of Natural Resources.
2. Initiation. A Map Amendment to the Overlay Map relating to the Wetland Overlay may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Submit a copy of the proposed map and/or text amendment to the Regional Office of the Wisconsin Department of Natural Resource within seven (7) days of the City having received a complete application;
  3. Notice the public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements;
  4. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action; and
  5. At least ten (10) days prior to the public hearing, provide the Regional Office of the Wisconsin Department of Natural Resources with written notice of the public hearing and a copy of the staff report to the Plan Commission.
5. Wisconsin Department of Natural Resources review. The Regional Office of the Wisconsin Department of Natural Resources shall review the proposed map and/or text amendment. Where the Regional Office determines that the proposed rezoning may have a significant adverse impact upon any of the approval criteria specified in this Section, the Regional Office shall so notify the City of Ashland of its determination either prior to or during the public hearing held on the proposed amendment.
6. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements;
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
7. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested amendment unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council and shall be contingent on all required approvals from the Wisconsin Department of Natural Resources.
8. Follow Through on Common Council final action.
  1. Within thirty (30) days following final action of the Common Council, the Zoning Administrator or Designated Authorized Agent shall submit a copy of the final action to the Regional Office of the Wisconsin Department of Natural Resources.
  2. If the Common Council approved the amendment and the amendment is inconsistent with the Department of Natural Resources recommendation regarding the amendment, then the amendment shall not become effective until more than thirty (30) days have elapsed following receipt of notification of the final action to the Department of Natural Resources.
  3. If within the thirty (30) days, the Department of Natural Resources notifies the City of Ashland that the Department of Natural Resources intends to adopt a superseding wetland overlay ordinance for the City of Ashland as provided by Section 62.231(6) of the Wisconsin Statutes, then the proposed amendment shall not become effective until the ordinance adoption procedure under Section 62.231(6) of the Wisconsin Statutes is completed or otherwise terminated.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a map and/or text amendment to the Wetland Overlay, the Plan Commission and Common Council shall consider the approval criteria specified in Section 3.3: Zoning Map Amendment. In addition, in order to ensure that this Ordinance will remain consistent with the shoreland protection objectives of Section 281.31 of the Wisconsin Statutes, the Common Council shall not rezone a wetland in the Wetland Overlay, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
1. Storm and flood water storage capacity;
2. Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;
3. Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
4. Shoreline protection against erosion;
5. Fish spawning, breeding, nursery, or feeding grounds;
6. Wildlife habitat; or
7. Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.

3.8 Creation Of A Planned Unit Development (PUD) Overlay District

Applicability.
1. A tract of land proposed to be developed as a Planned Unit Development (PUD) shall be under the control of a single owner, partnership, or corporation, where each owner agrees in advance to be bound by the conditions and regulations that will be effective within the district and to record such covenants, easements, and other provisions with the County.
2. The provisions of this Section are generally intended for application to larger and/or unique sites where a flexible approach to zoning regulations would facilitate more efficient use of the site and protection of natural resources achieved through clustering development and other innovative site planning and design techniques.
General Review Process. The review process for the creation of a PUD Overlay District involves two phases: review of a PUD – General Development Plan (PUD-GDP) and review of a PUD – Specific Implementation Plan (PUD-SIP). The following describes each review phase. An applicant has the option to submit an application for a PUD – Specific Implementation Plan at the same time as an application for a PUD – General Development Plan. Upon approval of the PUD-SIP, the Overlay District Map shall be amended to reflect the new PUD.
PUD – General Development Plan Review Process.
1. Pre-application meeting. The property owner of a proposed development that is intended to proceed as a PUD is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Application for a PUD-General Development Plan (PUD-GDP) shall be initiated by the property owner or their designated agent. The applicant shall have control of all property in the proposed PUD.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent for approval of a PUD-General Development Plan pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall contain the following information:
  1. Context map. A map of the project including its relationship to the surrounding properties, topography, or other prominent site features;
  2. Statement. A statement as to why the planned unit development (PUD) zoning is proposed. The statement shall identify reasons why planned unit development (PUD) zoning is preferable to development under standard zoning districts.
  3. Site plan. A site plan of the planned unit development (PUD) at a scale of not less than one inch equals one hundred feet (1” = 100’) showing the following:
    1. Land uses and development densities;
    2. The size, arrangement, and location of parcels;
    3. The proposed general location of buildings or groups of buildings;
    4. The location, design, and construction of public and private streets;
    5. The location of recreational areas and open space and a description of who will own and maintain the spaces;
    6. A general landscaping plan;
    7. A general grading plan, indicating onsite storm water management facilities and indicating the amount and location of off-site drainage;
    8. Identification of mature vegetation on the site and a proposal to preserve such vegetation worthy of protection;
    9. Identification and/or delineation of wetlands and floodplains within the site and a proposal to protect such areas from encroachment or degradation;
    10. Statistical data on the size of the development, density/intensity of various sub-areas, and expected phasing or staging.
    11. A description of the intended organizational structure for a property owner’s association, if any; and
    12. A description of the deed restrictions or restrictive covenants, if any.
  4. Additional plans. The Plan Commission or Common Council may require other special studies, plans, or additional information that would aid in consideration of the proposed development.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice the public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after the City has received a complete application and within forty (40) days after the public hearing, the Plan Commission (considering the approval criteria) shall recommend to the Common Council approval, approval with conditions, or denial of the request.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map and approving the PUD – General Development Plan unless the deadline for action is extended pursuant to The ordinance associated with the PUD – General Development Plan is an interim zoning classification that does not enable any development until the PUD – Specific Implementation Plan is approved.
  3. Approval, or approval with conditions of the PUD – General Development Plan shall require a majority vote of the entire Common Council.
PUD – Specific Implementation Plan Review Process.
1. Initiation. Application for a PUD-Specific Implementation Plan (PUD-SIP) shall be initiated by a property owner or their designated agent. The Applicant shall have control of all property in the proposed PUD.
2. Application submittal.
  1. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent for approval of a PUD-Specific Implementation Plan pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall contain all the information required for the General Development Plan review specified in this Section, except that the information shall be in final and detailed form. In addition, the applicant shall submit all other required plans for review and action.
  2. The application shall be submitted within twelve (12) months of approval of the PUD – General Development Plan. Failure to provide the PUD – Specific Implementation Plan within twelve (12) months of approval of the PUD – General Development Plan shall result in the automatic repeal of the previously approved PUD – General Development Plan.
  3. If required, a final plat, or a final plat of that segment to be developed, in compliance with this Ordinance, shall be submitted prior to issuance of the PUD – Specific Implementation Plan.
3. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the PUD – Specific Implementation Plan for substantial consistency with the approved PUD – General Development Plan. If the PUD – Specific Implementation Plan is consistent with the PUD – General Development Plan, then the Zoning Administrator or Designated Authorized Agent shall prepare a report and a recommendation to the Plan Commission that directs the Plan Commission to hold a public informational meeting or a public hearing to take their final action on the plan.
  3. If the PUD – Specific Implementation Plan is not consistent with the PUD – General Development Plan, then the Zoning Administrator or Designated Authorized Agent shall prepare a report to the Plan Commission that identifies the discrepancies and directs the Plan Commission to hold a public hearing pursuant to the public hearing requirements for the PUD – General Development Plan.
4. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. If the Zoning Administrator or Designated Authorized Agent’s report identifies that the PUD – Specific Implementation Plan is substantially consistent with the approved PUD – General Development Plan, then the Plan Commission (considering the approval criteria) shall hold a public informational meeting or a public hearing and make a recommendation to the Common Council to approve, approve with conditions, or deny the PUD – Specific Implementation Plan.
  2. If the Zoning Administrator or Designated Authorized Agent’s report identifies that the PUD – Specific Implementation Plan is substantially inconsistent with the approved PUD – General Development Plan, then the Plan Commission shall hold a public hearing pursuant to the public hearing requirements for the PUD – General Development Plan. Following the public hearing, the Plan Commission (considering the approval criteria) shall make a recommendation to the Common Council to approve, approve with conditions, or deny the PUD – Specific Implementation Plan.
5. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order another public hearing before the Common Council pursuant to Section 3.1, F., 2.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map and approving the PUD – Specific Implementation Plan unless the deadline for action is extended pursuant to The ordinance associated with the PUD – Specific Implementation Plan shall incorporate the Specific Implementation Plan, including any conditions or restrictions that may be imposed by the Common Council.
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a PUD – General Development Plan or a PUD – Specific Implementation Plan, the Plan Commission and Common Council shall consider the approval criteria for a Zoning Map Amendment as specified in Section 3.3: Zoning Map Amendment (Rezoning) as well as the following approval criteria with special consideration given to whether the plan would or would not be in the public interest:
1. Comprehensive Plan. Consistency with the City of Ashland Comprehensive Plan.
2. Consistency with this Ordinance. The extent to which the plan departs from the provisions of this Ordinance otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.
3. Provisions for services. The manner in which the plan does or does not make adequate provisions for public services and utilities, drainage, traffic and multiple modes of transportations, and recreational amenities.
4. Open space. The nature and extent of open space, the reliability and sufficiency of the proposal for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the densities proposed in the plan.
5. Effect on the neighborhood. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established.
6. Phasing. In the case of a plan that proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan.
7. Relationship to existing structures. In developed areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area.
Conditions that may be Attached to a PUD. The Common Council may attach any conditions to the approval of a PUD – General Development Plan and/or the approval of a PUD – Specific Implementation Plan that it deems necessary to address any of the following conditions or other applicable conditions not herein listed:
1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
2. Control the sequence of development, including when it must be commenced and completed;
3. Control the duration of use of development and the time within which any structures must be removed;
4. Ensure that development, open spaces, private roads and utilities are maintained properly in the future;
5. Designate the exact location and nature of development; and
6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
Effect of the PUD – Specific Implementation Plan Approval. The approved PUD – Specific Implementation Plan, together with the conditions and restrictions imposed by the Common Council, shall constitute the final zoning for the subject property. The zoning provisions applicable to the underlying zoning district shall continue to be applicable where consistent with the approved PUD – Specific Implementation Plan.
Building Permit Restrictions. Development permits and building permits for a Planned Unit Development shall not be issued until the PUD – Specific Implementation Plan is approved by the Common Council. No building permit shall be issued for any structure within the PUD – Specific Implementation Plan District until the Zoning Administrator or Designated Authorized Agent certifies that it conforms to the provisions of the PUD – Specific Implementation Plan and all other applicable provisions of this Ordinance.
Changes or Alterations to an Approved PUD – Specific Implementation Plan. Any change of the PUD – General Development Plan or the PUD – Specific Implementation Plan prior to approval of the PUD – Specific Implementation Plan shall be submitted to the Zoning Administrator or Designated Authorized Agent. If the Zoning Administrator or Designated Authorized Agent determines that the change constitutes a substantial modification, the applicant or developer will be required to amend the PUD – Specific Implementation Plan, and if necessary, the PUD – General Development Plan, following the review procedures set forth in this Section. If in the opinion of the Zoning Administrator or Designated Authorized Agent, such changes do not constitute a substantial alteration of either the PUD – General Development Plan or the PUD – Specific Implementation Plan, the change may be accomplished by approval of the Zoning Administrator or Designated Authorized Agent. Such approved changes or modifications shall be documented and recorded in the official file of the City on the Planned Unit Development.
Expiration. Unless specified otherwise in an approved PUD agreement, if substantial development progress has not occurred within twelve (12) months of a PUD – Specific Implementation Plan approval, the PUD – General Development Plan and PUD – Specific Implementation Plan approval shall be void and the site zoning will revert to its previous zoning district classification. An extension may be granted by the Common Council.

3.9 Conditional Use Permit

Applicability.
1. General applicability. A conditional use permit is required for development that would generally not be appropriate within a district, but might be allowed within certain locations within the district if specific requirements are met. The compatibility must be judged on the basis of the particular circumstances and may require the imposing of conditions before development or occupancy is permitted. The intent is to allow a reasonable degree of discretion in determining the suitability of a particular development at a specific location.
Review Process.
1. Pre-application meeting. If a proposed development requires the issuance of a conditional use permit, then the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a conditional use permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council shall review the request, the Plan Commission’s recommendation, and the approval criteria and take action to approve, approve with conditions, or deny the request unless the deadline for action is extended pursuant to
  3. A conditional use permit may be approved by an affirmative vote of a simple majority of the Common Council.
7. Effective date of conditional use permit.
  1. The Planning and Development office shall provide notice to the applicant within five business days of the approval of an application by the Common Council. The applicant shall be required to sign a copy of the resolution approving the conditional use permit, indicating the applicant’s understanding and acceptance of the conditions contained therein. The conditional use permit shall be effective upon the applicant’s signature.
  2. In this section, “provide notice” means to inform the applicant in person, by telephone, by email, or to place in the United States mail, with adequate first-class postage affixed, using the phone number, email address, or mailing address provided by the applicant on the application.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a request for issuance of a conditional use permit, the Plan Commission and the Common Council shall consider all relevant factors specified in other sections of this Ordinance, including standards for specific requirements for certain land uses and activities. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the city, the city shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the application and all requirements and conditions established by the city are or shall be satisfied. The decision to approve or deny the permit must be based on substantial evidence. In addition, the following approval criteria shall apply:
1. Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City of Ashland Comprehensive Plan.
2. Compatibility. The compatibility of the proposed use with existing development within two hundred (200) feet of the proposed use and within five hundred (500) feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.
3. Importance of services to the community. The importance of the services provided by the proposed facility to the community, if any, and the requirements of the facility for certain locations, if any, and without undue inconvenience to the developer, and the availability of alternative locations equally suitable.
4. Neighborhood protections. The sufficiency of terms and conditions proposed to protect and maintain the uses in the surrounding neighborhood.
5. Conformance with other requirements of this Ordinance. The conformance of the proposed development with all provisions of this Ordinance.
6. Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Plan Commission or the Common Council feels are necessary for review in order to make an informed and just decision.
Conditions that may be Attached to Conditional Use Permit. The Common Council may attach any conditions to the approval of a conditional use permit that it deems necessary to address any of the following conditions or other applicable conditions not herein listed. Conditions as to the permit’s duration, transfer, or renewal may also be included. All conditions must be reasonable and, to the extent practicable, measurable. Any condition imposed must be related to the purpose of the evidence and be based on substantial evidence.
1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
2. Control the sequence of development, including when it must be commenced and completed;
3. Control the duration of use of development and the time within which any structures must be removed;
4. Ensure that development is maintained properly in the future;
5. Designate the exact location and nature of development; and
6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
Conditional Use Permit Void.
1. In any case where the holder of a conditional use permit issued under this ordinance has not instituted the use or begun construction within one year of the date of approval, the permit shall be null and void.
2. Any use, for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity with this ordinance.
Revisions to an Approved Conditional Use Permit. Revisions to an approved conditional use permit shall follow the same procedure stated in Section 3.9 Conditional Use Permit, Subsections A. – D.
Definition. “Substantial evidence” as used in this Section means facts and information, other than mere personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

3.10 Variance

Applicability. The Zoning Board of Appeals shall have the authority to hear and grant requests for area variances and use variances from the provisions of this Ordinance, except as otherwise specified in this Ordinance.
Review Process.
1. Pre-application meeting. If a proposed development requires the approval of a variance, then the property owner or their designated agent is encouraged to request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a variance may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
6. Review the application, considering the approval criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
8. Within ninety (90) days of the City’s receipt of a complete application, the Zoning Board of Appeals shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section unless the deadline for action is extended pursuant to In granting any provision under this Section, the Zoning Board of Appeals shall designate such conditions that will secure substantially the objectives of the regulations or provisions in the application of which the variance is granted as to light, access to direct sunlight for solar energy systems, air, character of the neighborhood, conformity to the Comprehensive Plan, and, generally, the public health, safety, comfort, convenience, and general welfare.
9. Approval or approval with conditions shall require an affirmative vote of four (4) or more of the members of the Zoning Board of Appeals.
Approval Criteria.
1. Area variance. No area variance from the provisions of this Ordinance shall be authorized unless all of the following facts and conditions exist:
  1. Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.
2. Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.
3. Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, including, but not limited to, the use of solar energy systems. .
4. Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
5. General nature. No variance shall be authorized unless the Zoning Board of Appeals specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.
6. Minimum variance required. The Zoning Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Zoning Board of Appeals shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.
7. Unnecessary hardship. No variance shall be granted unless the property owner can show that compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restriction unnecessarily burdensome. Furthermore, no variance shall be granted unless the property owner can show that the condition causing such unnecessary hardship is unique to the property for which a variance has been applied. The unique condition is one that is not a condition in common with neighboring properties and relates not to the owner, but to the physical characteristics of the property, such as slope, soil type, or wetlands.
8. Use Variance. No use variance from the provisions of this Ordinance shall be authorized unless all of the conditions and facts exist:
  1. Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.
9. Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.
10. Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, including, but not limited to, the use of solar energy systems.
11. Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
12. General nature. No variance shall be authorized unless the Zoning Board of Appeals specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.
13. Minimum variance required. The Zoning Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Zoning Board of Appeals shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.
14. Unnecessary hardship. No variance shall be granted unless the property owner can show that without the requested variance, the property has no reasonable use of the property. No variance shall be granted unless can show that the condition preventing any reasonable use of the property is unique to the property for which the variance has been applied. The unique condition is one that is not a condition in common with neighboring properties and relates not to the owner, but to the physical characteristics of the property, such as slope, soil type, or wetlands.
Variance Granted Void. If the action authorized by a granted variance is not commenced or completed by the specified date in the Zoning Board of Appeals’ decision, the variance shall be null and void.

3.11 Appeal Of An Administrative Decision

Applicability.
1. General applicability. The Zoning Board of Appeals shall hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance. In exercising its authority under this Section, the Zoning Board of Appeals may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
2. Special procedures for appeal of certain administrative decisions. Due to the special requirements of specific zoning districts, appeals of administrative decisions relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay District. An appeal of an administrative decision relating to the Floodplain Overlay District shall be pursuant to Section 3.12: Appeals, Variances, and Boundary Disputes relating to the Floodplain Overlay District; and
3. Wetland Overlay District. An appeal of an administrative decision relating to the Wetland Overlay District shall be pursuant to Section 3.13: Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay District.
Review Process.
1. Initiation. Within thirty (30) days after the date of the administrative decision (unless specified otherwise elsewhere in this Ordinance), appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, or any officer, department, commission, or board of the City affected by the decision.
2. Pre-application meeting. The aggrieved person may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A request for an appeal of an administrative decision shall be made in writing to the Zoning Administrator or Designated Authorized Agent. The request shall provide sufficient information for the Zoning Board of Appeals to make an informed and just decision.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. After receipt of a request for an appeal of an administrative decision, the Zoning Administrator or Designated Authorized Agent shall review the evidence and make a report of the facts to the Zoning Board of Appeals; and
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
6. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
7. Within ninety (90) days of the City’s receipt of a complete application, the Zoning Board of Appeals shall consider the evidence and with an affirmative vote of four (4) or more members, may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official. The deadline for action may be extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
Approval Criteria. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.

3.12 Appeals, Variances, And Boundary Disputes In The Floodplain Overlay

Applicability. The Zoning Board of Appeals shall hear and decide the following as they relate to the Floodplain Overlay:
1. Appeal. An appeal of an administrative decision that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the provisions of the Floodplain Overlay.
2. Variance. Variance requests from the provisions of the Floodplain Overlay.
3. Boundary dispute. Resolution of floodplain boundary disputes.
Review Procedures.
1. Initiation. Initiation of an appeal of administrative decision (within thirty (30) days after the date of the administrative decision), variance, or boundary dispute resolution may be made upon application of the property owner or their designated agent.
2. Pre-application meeting. The property owner or their designated agent may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements. In addition to the noticing requirements specified in Section 3.1, F., a notice of the request shall be sent to the Regional Office of the Wisconsin Department of Natural Resources at least ten (10) days in advance of the public hearing; and
6. Review the application, considering the approval for criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
8. Within ninety (90) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to the Zoning Board of Appeals, with an affirmative vote of four (4) or more members, shall take action on any of the following as applicable:
  1. Appeal of an administrative decision. The Zoning Board of Appeals shall reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
  2. Variance. The Zoning Board of Appeals may make a finding of fact and shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section. When a floodplain variance is granted, the Zoning Board of Appeals or Designated Authorized Agent shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy of the notice shall be maintained with the variance record.
  3. Boundary Dispute. The Zoning Board of Appeals shall affirm the validity of the boundaries of the official floodplain map or may direct the Plan Commission and Common Council to amend the boundaries of the floodplain pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay District.
Approval Criteria.
1. Appeal. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.
2. Variance.
  1. The Zoning Board of Appeals may grant of variance from the provisions of the Floodplain Overlay pursuant to Section 3.10, C.: Variance - Approval Criteria. In addition, in order to approve a variance, an applicant must convincingly demonstrates the following:
    1. Literal enforcement of the provisions of the Floodplain Overlay will cause unnecessary hardship;
    2. The hardship is due to the adoption of the provisions of the Floodplain Overlay and unique property conditions, not common to the adjacent parcels or property. In such case the Ordinance and/or map must be amended pursuant to the procedures of this Ordinance;
    3. The variance is not contrary to the public interest; and
    4. The variance is consistent with the intent of the Floodplain Overlay.
3. In addition to the criteria above, to qualify for a variance under the Federal Emergency Management Agency (FEMA) regulations, the following criteria must be met:
  1. The variance may not cause any increase in the regional flood elevation;
  2. Variances can only be granted for parcels that are less than one-half acre and are contiguous to existing structures constructed below the regional flood elevation; and
  3. Variances shall only be granted upon showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risk to public safety or nuisances, shall not increase costs for rescue and relief efforts, and shall not be contrary to the intent of the Floodplain Overlay.
4. 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 that is self-created;
  4. Damage the rights or property values of other persons in the area;
  5. Allow actions without the amendments to this Ordinance or map(s) pursuant to the provisions of the Floodplain Overlay; and
  6. Allow any alteration of a historic structure, including its use, which would preclude its continued designation as an historic structure.
5. Boundary dispute.
  1. If a floodplain boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.
6. In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.

3.13 Appeals And Variances In The Wetland Overlay

Applicability. The Zoning Board of Appeals shall hear and decide the following as they relate to the Wetland Overlay:
1. Appeal. An appeal of an administrative decision that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the provisions of the Wetland Overlay. In exercising its authority under this Section, the Zoning Board of Appeals may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
2. Variance. Any variance from the provisions of the Wetland Overlay shall be permitted only after the approval of the Zoning Board of Appeals.
Review Procedures.
1. Initiation. Initiation of an appeal of administrative decision, or a request for a variance relating to the Wetland Overlay may be made upon application of the property owner or their designated agent.
2. Pre-application meeting. The property owner or their designated agent may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements. In addition to the noticing requirements specified in Section 3.1, F.: Public Hearing and Noticing Requirements, a notice of the request shall be sent to the Regional Office of the Wisconsin Department of Natural Resources at least ten (10) days in advance of the public hearing; and
6. Review the application, considering the approval for criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
8. Within ninety (90) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to the Zoning Board of Appeals, with an affirmative vote of four (4) or more members, shall take action on any of the following as applicable:
  1. Appeal of an administrative decision. The Zoning Board of Appeals shall reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
  2. Variance. The Zoning Board of Appeals shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section.
Approval Criteria.
1. Appeal. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.
2. Variance. The Zoning Board of Appeals may approve in specific cases, such variances from the terms of this Ordinance as shall not be contrary to the public interest, where owning to special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship. The approval criteria shall be as specified in Section 3.10, C.: Variance - Approval Criteria.

3.14 Discontinuance Or Vacation Of A Public Way

Applicability. By property owner petition or by a Common Council resolution, a public right-of-way may be discontinued or vacated in its entirety or in part pursuant to the provisions City of Ashland Ordinance 618 and Section 66.1003 of the Wisconsin Statutes.

3.15-3.19 (Reserved)

(Reserved for future applications requiring a public hearing.)

3.20 Site Plan Approval

Intent and Applicability.
1. Intent. The provisions of this Section are intended to establish appropriate procedure for development that has the potential to create moderate to significant impacts on areas surrounding the site or in the community. More specifically, site plan approval is required for the following reasons:
  1. Provide the Plan Commission with a clear understanding of the proposed development before construction is started;
2. Determine how the project relates to nearby land uses;
3. Ensure that the provisions of this Ordinance are fully complied with;
4. Ensure that the development can be adequately served by public utilities as may be required;
5. Determine the impact of the project on public facilities, such as streets, utilities, parks, schools, drainage, and other public services; and
6. Identify adverse environmental issues and develop appropriate plans to avoid, reduce or offset environmental impacts.
7. Applicability. Site plan approval is required for all development, except that the following shall not require site plan approval, but may require a development permit, building permit, and/or other applicable approvals as specified in this Ordinance. The Zoning Administrator or Designated Authorized Agent may require submittal of a site plan for approval by the Plan Commission if the proposed development activity has the potential of having a major impact on the property, neighboring parcels or the community.
  1. The development activities described in Section 3.1, B., 3.: General Types of Development – Exempt Activities.
  2. New, remodeled, or additions for single or two-family residential uses and accessory structures.
  3. Minor nonresidential development including but not limited to:
    1. Construction, reconstruction, or addition of a fence regulated under Section 6.5: Fences which is one hundred (100) linear feet in length feet or less and is eight feet or less in overall height.
    2. Construction of detached accessory structures one thousand (1000) square feet or less, or principal structure expansions 15% or less of the principal structure’s total area before the expansion.
    3. Handicap access/ramp.
    4. Grading, filling, or paving pursuant to Section 6.1, H.: Grading, Filling, and/or Excavation.
    5. Landscaping structures, raised beds and related enhancements added to existing lawful uses.
    6. Changes in the use of land and structures meeting other applicable criteria of this sub-paragraph and this ordinance.
  4. Other development activities that, in the judgment of the Zoning Administrator or Designated Authorized Agent, would have minimal impact on the site, its surroundings, and the broader community, and for which the City would not significantly benefit by having public review of the proposed development. Such development activities may include, but shall not be limited to a vestibule addition to an existing building, minor changes to the exterior of the building (for example, roofing, siding, additional doors, windows, or dormers), minor changes to parking and circulation, and similar types of development.
8. Further actions on the subject property. No person shall commence any use, erect any structure, obtain a development permit, or file a condominium plat with the Ashland County Register of Deeds without first obtaining site plan approval as set forth in this Section. No use shall be carried on and no structure erected or enlarged, except as shown upon an approved site plan.
Review Process.
1. Pre-application meeting. The property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting for any proposed development that is expected to have significant impact on areas surrounding the site or in the community.
2. Initiation. Initiation of site plan approval may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application for Site Plan Approval for sites with more than five thousand (5,000) square feet of proposed impervious surface shall be submitted with a digital copy of the full site plan set. The application shall include the following information as applicable or as directed by the Zoning Administrator or Designated Authorized Agent:
  1. Site plan. A site plan drawn to a scale not smaller than one inch equals one hundred feet (1” = 100’). The site plan shall be certified by a registered land surveyor, professional engineer, planner, or architect and shall show the following:
    1. The name, address, and telephone number of the owner, developer, and designer;
    2. A legal description of the site;
    3. The location and dimension of the site parcel lines. Adjacent parcel lines within one hundred (100) feet shall also be shown;
    4. All required setbacks. Indicate with a dashed line and label the required and proposed setback dimensions;
    5. All existing and proposed right-of-ways and public easements adjacent to and within the site. Label the widths of all right-of-ways and easements;
    6. All existing and proposed street improvements including streets, alleys, curbs, sidewalks, and trails. Identify connections to existing and proposed sidewalks and trails for pedestrian and bicycle circulation. Label proposed bicycle facilities and the widths of pedestrian facilities and other improvements;
    7. Existing and proposed driveways, parking spaces, and loading spaces. Indicate the direction of travel for one-way drives and inside radii for all curves. The dimensions of driveways and parking spaces shall be noted. The total number of parking spaces required and provided shall be listed. Identify areas for snow stacking and storage;
    8. The shape, size, location, height, and floor area of all structures, and the main and basement floor grades;
    9. Existing and proposed grades, drainage systems, and structures with topographic contours at intervals not exceeding two (2) feet;
    10. Natural features such as mature vegetation, wooded areas, drainage ways, wetlands, floodplains, streams, lakes, and ponds with indication as to which are to be retained an which removed or altered;
    11. All existing and proposed signage on the site;
    12. Existing or proposed septic systems, drain fields, tanks, and wells, if applicable; and
    13. Any additional information as required by the Zoning Administrator or Designated Authorized Agent, or the Plan Commission.
4. Vicinity plan. A vicinity plan showing the location of the site in relation to the street system and neighborhoods. Label the land uses and ownerships of adjacent properties.
5. Utilities plan.
  1. The size and location of all existing and proposed public and private utilities. Note which utilities are above ground and below ground.
  2. The anticipated resident population contained within the project or the number of employees anticipated to be generated by the project. The estimated daily volumes or use of public utilities by the project shall be identified.
  3. Provide calculations to determine the projected demand for water including the requested water meter size. Describe how new or existing mains will meet this projected demand.
  4. If new impervious surfaces will be added, provide storm water calculations to document that that the existing storm sewer can properly dispose of the increased flows. Show any onsite retention systems that will be utilized to control the influx into the storm sewer. Describe how any onsite retention systems will be maintained following project completion.
  5. Fire protection strategies showing a knox box, fire alarm system, standpipes, and other fire protection systems. For the Fire Department’s pre-fire planning of the site and structure’s layout, the applicant shall provide a digital copy (in a .dxf or .dwg format) of the following plans:
    1. Building Floor Plan Layout, including: exterior dimensions of the building; floor plan with room names & numbers identified (if applicable); doors; windows; stairways; location of hazardous materials storage areas; location of water utility service connection to the building; location of fire department connection, knox box, alarm panel, and annunciator panel.
    2. Building Elevations.
    3. Site Plan, including: adjacent streets; property boundaries; building footprints; parking areas; driveways/internal streets; location of natural gas and electric connections to the building; location of hazardous materials storage areas; location of water utility service line & connection to building; locations of fire department connection, knox box, alarm panel, and annunciator panel.
6. Landscaping, buffers, and screening. A landscape plan, illustrating the existing and proposed landscaping, shall be provided as specified in Section 6.4: Landscaping, Buffers, and Screening.
7. Architectural plans. These drawings and plans should show sufficient detail to indicate the architectural design of the proposed buildings, but all design and construction details are not required at this stage.
  1. Architectural renderings and general floor plans shall be provided for all new buildings.
  2. Show all existing and proposed exterior building lighting and signs.
  3. Indicate existing and proposed materials and colors.
8. Lighting plan. A lighting plan showing the lighting of parking areas, walkways, driveways, and onsite security lighting shall be provided. If the project is adjacent to residential uses, the method of shielding light from the residential properties and the intensity of light levels around the site and at the parcel lines shall be provided.
9. Additional information. Provide an erosion control plan, phasing plan, economic impact statement, and all other information as determined by the Plan Commission, Zoning Administrator, or Designated Authorized Agent necessary to accomplish compliance with this Ordinance and other applicable laws and regulations.
10. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
11. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices; and
12. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
13. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices.
14. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for site plan approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
15. Approval or approval with conditions of a site plan shall require an affirmative vote of the majority of the entire Plan Commission.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a request for site plan approval, the Plan Commission shall consider all relevant factors specified in all applicable sections of this Ordinance, including standards for specific requirements for certain land uses and activities. In addition, the following approval criteria shall apply:
1. Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City of Ashland Comprehensive Plan.
2. Project compatibility. The compatibility of the proposed use with existing development within two hundred (200) feet of the proposed use and within five hundred (500) feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.
3. Site design.
  1. Site organization. The organization of buildings, driveways, parking areas, open spaces, pedestrian facilities, landscaping, fences, lights, signs, and other structures should achieve a functional, safe, and harmonious site relationship. At the same time, the site organization should be compatible with existing positive characteristics of the site.
4. Location of buildings. The setback of buildings from streets, the spacing between buildings, and arrangement of buildings shall be considered in relation to the prevailing development in the area.
5. Drives, parking, and circulation. Special attention shall be given to limiting the number of vehicular access points and their location, general onsite vehicular circulation, separation of pedestrian and vehicular traffic flows, and the arrangement of parking areas that are safe and convenient. The screening and landscaping of parking lots shall be addressed to minimize the visual impacts. Provisions for adequately addressing pedestrian access, handicapped accessibility, bicycles, and transit shall be considered as appropriate.
6. Grading and drainage. The existing and proposed grades and drainage patterns are to be reviewed to ensure that proper storm water drainage can occur.
7. Utility service. The installation of underground electric, telephone, and other utilities is encouraged wherever feasible. Remaining above ground utilities should be designed to have a harmonious relationship to neighboring properties and the site.
8. Views. Important views within the site and the immediate area as well as more distant scenic vistas shall be protected and enhanced with the new development.
9. Environmental issues. Issues pertaining to floodplains, wetlands, mature vegetation, and other sensitive environmental issues shall be thoroughly investigated as part of the site design.
10. Landscaping. The landscape shall be preserved in a natural state insofar as practicable be minimizing tree and soil removal. Grade changes shall be in keeping with the general appearance of the neighborhood area. Plant species and composition should be consistent with the City’s goals of urban forest management including preferred and prohibited species, and be compatible to the buildings on the site.
11. Signs. The size, location, design, color, texture, lighting, and materials of all signage shall be complimentary to the buildings on the site.
12. Lighting. All lighting shall be designed to avoid excessive illumination onto adjacent properties and public rights-of-way.
13. Building design. All buildings shall be designed to be compatible with existing adjacent structures. Factors to be reviewed include, but shall not be limited to, building heights, exterior materials, and building forms including roof shapes and pitches. Refer to Section 6.2: General Building and Site Design Guidelines.
14. Principles of sustainability. The building and site are generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability, when considered as a whole.
15. Failure to perform. No applicant or applicant related to said applicant shall be permitted to apply for, or be granted a building permit or site plan approval, so long as the applicant is in non-compliance with a previously issued building permit or previously approved site plan, whether or not the parcel, which is the subject of the new application, is the same or different from the site where the violations exist. The City may waive the provisions of this paragraph upon mutual written agreement between the applicant and the City.
16. Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Plan Commission feels are necessary for review in order to make an informed and just decision.

3.22 Historic Preservation Certificate Of Appropriateness

Applicability. The issuance of a historic preservation certificate of appropriateness is intended to ensure that the City of Ashland adequately safeguards its historic and cultural heritage as embodied and reflected in its designated historic structures, sites, and districts.

City of Ashland Ordinance 826 identified the process for the issuance of a historic preservation certificate of appropriateness.

3.23 Preliminary Plat

Applicability. Preliminary plat approval shall be required for any division of land or platting activity as described in Section 9.1: General Provisions of Land Divisions.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring the approval of a preliminary plat is encouraged to request a pre-application meeting with the Zoning Administrator, Public Works Director, or Designated Authorized Agent (and the Plan Commission, if beneficial) pursuant to the procedures described in Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting allows the owner to receive general feedback as to how the proposed preliminary plat is (or is not) in compliance with this Ordinance. The meeting also allows the owner to receive general information about the types and details of improvements that are required to be installed by and at the owner’s expense. Refer to Section 9.2, B.: Pre-application Meeting for Land Divisions, for submittal requirements.
2. Initiation. Initiation of a preliminary plat may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall include all the required information specified in Section 9.2, C.: Preliminary Plat.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Pursuant to Section 236.12 of the Wisconsin Statutes, submit the application to the required state agencies and the City Water and Wastewater Superintendent, the Fire Chief, the Police Chief, the Public Works Director, and the City Engineer for their review and comment;
6. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
7. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
8. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
9. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for preliminary plat approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
10. Approval or approval with conditions of a preliminary plat shall require an affirmative vote of the majority of the entire Plan Commission.
11. Approval of the preliminary plat is acceptance of the general layout and indicates to the applicant that he or she may proceed with fulfilling the necessary steps for approval of the final plat in accordance with the terms of approval. Such approval does not constitute approval of the final plat.
Approval Criteria. A preliminary plat shall be approved if it meets all of the following criteria:
1. The application is complete and the information contained within the application is correct and sufficient to allow adequate review and final action;
2. The preliminary plat is consistent with all applicable provisions of this Ordinance and state law;
3. The preliminary plat is consistent with the City’s Comprehensive Plan and any other adopted plans and standards as they relate to the following:
  1. The City’s current and future streets, sidewalks, bike lanes, alleys, parks, and public utility facilities; and
4. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer, water and storm water mains and the instrumentality of public utilities;
5. The preliminary plat promotes public health, safety, and general welfare; furthers the orderly layout and use of land; provides a balanced density of land, provides beneficial street layout and traffic flows; provides for adequate light and air; facilitates adequate provisions for water, sewerage, storm water management, and other public requirements; provides for proper ingress and egress; and promotes proper monumenting of land subdivided and conveyancing by accurate legal descriptions;
6. The tract of land subject to the application is adequately served by public improvements and infrastructure (as required by this Ordinance), or will be adequately served upon completion by the applicant of required improvements; and
7. Where applicable, each preliminary plat shall include a schedule for phasing of improvements.

3.24 Final Plat

Applicability. Final plat approval shall be required within six (6) months of the last required approval of the preliminary plat. The final plat is essentially a complete version of the previously approved preliminary plat incorporating all the required changes and the final engineering diagrams and descriptions.
Review Process.
1. Optional pre-application meeting. The property owner or their designated agent may meet with the Zoning Administrator or Designated Authorized Agent to review the final plat requirements prior to submitting an application.
2. Initiation. Initiation of a final plat may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall include all the required information specified in Section 9.2, D.: Final Plat.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Pursuant to Section 236.12 of the Wisconsin Statutes, submit the application to the required state agencies and the City Water and Wastewater Superintendent, the Fire Chief, the Police Chief, the Public Works Director, and the City Engineer for their review and comment;
6. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
7. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
8. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
9. Following the public informational meeting, take action to recommend that the Common Council approve, approve with conditions, or deny the request for final plat approval based on the approval criteria specified in this Section.
10. Common Council final action. The Common Council shall complete the following tasks:
  1. Within sixty (60) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action), the Common Council shall review the recommendations of the Plan Commission and others, and considering the approval criteria, approve or deny the final plat.
11. Approval of the final plat shall require an affirmative vote of the majority of the entire Common Council.
Approval Criteria. A final plat shall be approved if it meets all of the following criteria:
1. The application is complete and the information contained within the application is correct and sufficient to allow adequate review and final action; and
2. The final plat must be consistent with the approved preliminary plat and all of the approval criteria of the preliminary plat.

3.25 Public Art Permit

Applicability. It shall be unlawful for any person to erect, construct, enlarge, relocate, or structurally modify public art or cause the same to be done in the City of Ashland without first obtaining a public art permit pursuant to this Section and Section 5.6 I.: Public Art.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a public art permit may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a public art permit.
2. Initiation. Initiation of a public art permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the public art owner, the property owner where the public art is or shall be located, and the artist or contractor of the proposed public art.
4. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, and the location of the proposed public art and any existing public art on the parcel.
5. Calculations or evidence showing that the structure and design comply with the provisions of Section 5.6 I.: Public Art.
6. Evidence of liability insurance policy or bond as required herein.
7. A Historic Preservation Certificate of Appropriateness and/or approval from the Mural Art Walk Committee, if required.
8. Such other information as the Zoning Administrator or Designated Authorized Agent may require showing full compliance with the provisions of this Ordinance.
9. Signature of the applicant.
10. Payment of all required fees.
11. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
12. Review the application, considering the criteria for approval, and submit the application to other City Staff for their review and comment as necessary or desired.
13. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices.
14. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for public art approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a public art permit when the permit application is properly made, all appropriate fees have been paid, approval has been granted by the Plan Commission and the public art complies with the applicable provisions of this Ordinance.

3.26-3.29 (Reserved)

(Reserved for future applications requiring a public informational meeting.)

3.31 Development Permit

Applicability. All development activities within the City of Ashland, as defined pursuant to Section 3.1, B., 2.: Development Defined, shall be conducted in accordance with the provisions of this Ordinance and only after a development permit is issued pursuant to the provisions of this Section.
General Provisions.
1. Effect of a development permit. The issuance of a development permit authorizes the applicant to commence development immediately upon the giving of notice by the City, but subject to any lawful conditions attached by the Common Council, the Plan Commission, the Zoning Board of Appeals, or Authorized Agents of the City. A development permit does not authorize occupancy.
2. Expiration of a development permit. If the work described in any development permit has not begun within six (6) months from the date of issuance, such permit shall expire. If the work had begun, but the work lied idle for a period of six (6) months or more the permit shall be void. An extension may be granted in writing by the Zoning Administrator or Designated Authorized Agent, if the work has not been substantially completed, as determined by the Zoning Administrator or Designated Authorized Agent, within one (1) year of the date of the permit issuance. A development permit may be extended for an additional six (6) months by the Zoning Administrator or Designated Authorized Agent due to weather related factors. No further work shall proceed where a development permit has expired or is void unless an extension is given or a new development permit has been issued.
3. Demolition. In the event that the work described in the development permit has begun, but has not been substantially completed within one (1) year of the date of issuance of a development permit, or if work has begun without a permit, then the Zoning Administrator or Designated Authorized Agent may order demolition of partially completed work.
4. Development permits must conform to be valid. All officials and employees of the City vested with the duty or authority to issue permits or licenses shall comply with the provisions of this Ordinance and shall not issue a permit or license for any uses, building, or purpose in conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the provisions of this Ordinance shall be null and void and of no effect whatever.
Review Process.
1. Pre-application meeting. The property owner or their designated agent may meet with the Zoning Administrator or Designated Authorized Agent prior to submitting an application for a development permit to review the permitting procedures and the Ordinances.
2. Initiation. An application for a development permit may be initiated by a property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent, pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Staff review and final action. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Within thirty (30) days of the date that a complete application is filed, considering the approval criteria, the Zoning Administrator or Designated Authorized Agent shall issue the development permit (with or without conditions) or notify the applicant in writing of his or her refusal to issue the development permit and the reasons thereof.
6. The Zoning Administrator or Designated Authorized Agent may attach to the development permit conditions relating to the following:
  1. Compliance with the plans and specifications submitted by the developer to the Zoning Administrator or Designated Authorized Agent;
  2. Time within which the development must be commenced or completed; and
  3. Protective measures that a developer must undertake for the benefit of neighboring property, such as the construction of fencing or the establishment of buffer areas.
7. One copy of the plans submitted with the application shall be returned to the applicant when such plans have been approved, together with any conditions of such approval, the signature of the Zoning Administrator or Designated Authorized Agent, and any development permit as may be granted. One copy of the plans, similarly marked, shall be retained by the Zoning Administrator or Designated Authorized Agent as a permanent record or until such time as the development no longer occupies the subject parcel.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a development permit if he or she finds that the development for which the development permit is sought constitutes a general development permitted by this Ordinance and consistent with the provisions of this Ordinance or a conditional development that was approved by the applicable approval body.

3.32 Building Permit

Applicability.
1. No building or structure or any part thereof shall hereafter be built, enlarged, altered, moved, or demolished, or any plumbing or electrical work commenced within the City of Ashland, except as exempted in Section 3.1, B., 3.: Exempt Activities or as exempted in this Section unless a building permit is first obtained from the Building Inspector or Designated Authorized Agent.
2. To the extent feasible, all police officers or other Authorized Agents of the City shall report at once to the Building Inspector or Designated Authorized Agent any building that they have been made aware of that is being erected, altered, moved, or wrecked without a building permit as required by this Ordinance.
3. It shall be unlawful to commence work on any building before a building permit has been issued as required by this Ordinance.
4. A building permit may not be required for exterior repairs or minor alterations that do not change the area, structural strength, or level of occupancy, fire protection, light, or ventilation, or the number of exits, or where the cost of repairs does not exceed the amount identified in the City of Ashland’s Comprehensive Fee Schedule.
5. Interior repair projects not exceeding the amount identified in the City of Ashland Comprehensive Fee Schedule shall not require a building permit. The cost of furniture and removable equipment/fixture shall not be included in the project cost.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a building permit may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a building permit.
2. Initiation. Initiation of a building permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Staff review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a building permit.
Approval Criteria. If the Building Inspector or Designated Authorized Agent finds that the proposed development complies with all applicable provisions of this Ordinance and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and shall issue a building permit, which shall be posted at the building site in a manner visible from the street.
Applicant’s Responsibilities.
1. No work for which a building permit is required shall be commenced until the building permit and all other applicable permits are issued.
2. Permit fees shall be doubled for all work commenced prior to the issuance of a permit.
3. New commercial projects may require periodic inspections by a State certified commercial building inspector.
4. The applicant shall request the required inspections associated with the building permit at the appropriate times. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Construction shall not proceed beyond the point of inspection until the inspection has been completed.
5. Before the building can be occupied, the applicant shall request the final inspection and the issuance of a certificate of occupancy as required.

3.33 Demolition Permit

Applicability. No building, structure, or part thereof (as determined by the Building Inspector or Designated Authorized Agent), shall be removed, razed or demolished without prior approval and/or a demolition permit. Any building or structure, or part thereof, to be moved to a new location shall require a permit pursuant to Section 3.34: Permit to Move a Building or Structure.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a demolition permit may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a demolition permit.
2. Initiation. Initiation of a demolition permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to the Zoning Administrator, Public Works Director, Fire Chief, Police Chief and other Designated Authorized Agents, and other government agencies for their review and comment as necessary or desired.
6. The Building Inspector or Designated Authorized Agent may require an application for demolition be reviewed and approved by the Plan Commission, if the proposed demolition will impact or has the potential to impact neighboring properties or City infrastructure.
7. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a demolition permit.
Approval Criteria. If the Building Inspector or Designated Authorized Agent finds that the proposed demolition complies with all applicable provisions of this Ordinance, including all applicable standards in Section 6.1, J.: Demolition and Moving of a Structure, and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and issue a demolition permit, which shall be posted at the building site in a manner visible from the street. A copy of the approved demolition permit shall be provided to the Police, Fire, Public Works and Planning & Development Departments. A copy of the permit may be provided to other governmental agencies or departments if applicable.
Applicants Responsibilities.
1. No work for which a demolition permit is required shall be commenced until the demolition permit and all other applicable permits are issued. If approvals or permits are required by other governmental agencies or departments, a letter of approval or a copy of the permits shall be provided to the Building Inspector or Designated Authorized Agent prior to issuance of a demolition permit.
2. Permit fees shall be doubled for any work commenced prior to the issuance of a permit.
3. The applicant shall request the required inspections associated with the demolition permit at the appropriate times, including inspections for properly abandoning utilities. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Demolition shall not proceed beyond the point of inspection until the inspection has been completed.

3.34 Permit To Move A Building Or Structure

Applicability. No building, structure, or part thereof (as determined by the Building Inspector or Designated Authorized Agent), shall be moved without prior approval and/or a permit to move a building or structure. Any building or structure, or part thereof, to be removed, razed or demolished shall require a demolition permit pursuant to Section 3.33: Demolition Permit.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a permit to move a building or structure may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining the permit.
2. Initiation. Initiation of a permit to move a building or structure may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to the Zoning Administrator, Public Works Director, Fire Chief, Police Chief or Designated Authorized Agents, and other government agencies for their review and comment as necessary or desired.
6. The Building Inspector or Designated Authorized Agent may require the application to move a building or structure be reviewed and approved by the Plan Commission, if the proposed relocation will impact or has the potential to impact neighboring properties or City infrastructure at the existing site or the proposed new location.
7. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a permit to move a building or structure.
Approval Criteria.
1. If the Building Inspector or Designated Authorized Agent finds that the proposed development complies with all applicable provisions of this Ordinance, including all applicable standards in Section 6.1, J.: Demolition and Moving of a Structure, and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and shall issue a permit to move a building or structure, which shall be posted in a manner visible from the street in the following locations:
  1. At the existing site of the building or structure to be moved;
2. On the building or structure, or in a location accessible for viewing by local or state officials while in transit; and
3. At the proposed final location, if the building or structure is to be located within the City of Ashland.
  
  A copy of the approved permit to move a building or structure shall be provided to the Police, Fire, Public Works and Planning & Development Departments. A copy of the permit may be provided to other governmental agencies or departments if applicable.
Applicants Responsibilities.
1. No work for which a permit is required shall be commenced until the permit to move a building or structure and all other applicable permits are issued. If approvals or permits are required by other governmental agencies or departments, a letter of approval or a copy of the permits shall be provided to the Building Inspector or Designated Authorized Agent.
2. Permit fees shall be double for any work commenced prior to the issuance of a permit.
3. The applicant shall request the required inspections associated with the permit at the appropriate times, including inspection for properly abandoning utilities. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Construction shall not proceed beyond the point of inspection until the inspection has been completed.
4. Before any building or structure to be located in the City of Ashland can be occupied, the applicant shall request the final inspection and the issuance of a certificate of occupancy as required.

3.35 Certificate Of Occupancy

Intent. The issuance of a certificate of occupancy is intended to ensure that new or expanded uses of a structure or site, as well as alterations of an existing structure or site, comply with all applicable provisions of this Ordinance and other applicable regulations of the City. A certificate of occupancy is also intended to provide the City with a record of each new or expanded use of a structure or site in Ashland.
Applicability. It shall be unlawful to use, occupy, or permit the occupancy of any new or expanded uses of a structure and/or site, as well as alterations of an existing structure or site, until the Building Inspector or Designated Authorized Agent of the City issues a certificate of occupancy for the use. Permanent connection of any building to any City of Ashland utility shall be prohibited without the issuance of a certificate of occupancy.
Review Process.
1. Application. Every application for a building permit shall be deemed an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use or change in use of land or building shall be made directly to Building Inspector or Designated Authorized Agent. When a certificate of occupancy is required pursuant to this Ordinance, the property owner or their designated agent shall request issuance of a certificate of occupancy from the Building Inspector, or Designated Authorized Agent when the subject work is complete (or substantially complete) and ready for occupancy or use.
2. Approval criteria. The Building Inspector, or Designated Authorized Agent shall review the work and issue a certificate of occupancy if the work complies with the applicable provisions of this Ordinance and all other applicable City ordinances, all City building, housing, and health laws, and any applicable conditions of approval that may have been required pursuant to the development and approval process. Any lawful conditions of occupancy shall be attached to or referred to on the certificate of occupancy.
3. Record keeping. The Building Inspector, or Designated Authorized Agent shall maintain records of all certificates of occupancy and a copy shall be furnished upon request to any person upon payment of a reasonable fee to cover the City’s cost related to the request.
Temporary Certificate of Occupancy.
1. Approval criteria. The Building Inspector or Designated Authorized Agent may issue a temporary certificate of occupancy for a period not to exceed six (6) months during alteration or partial occupancy of a building, or pending its completion. Such temporary certificate of occupancy shall not be construed as in any way altering the respective rights, duties, or obligations of the property owner or the City, and shall not be issued except under such restrictions as needed to adequately ensure the safety of the occupants. The temporary certificate of occupancy shall only be issued for weather delays or other circumstances beyond the control of the property owner as determined by the Building Inspector, or Designated Authorized Agent.
2. Acceptance. Acceptance of a temporary certificate of occupancy implies consent to application of the financial guarantee to make completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied, but no action or inaction by the City in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy, or excuse any violation of this Ordinance. Any utility connection existing during the time of the temporary certificate of compliance shall terminate with the temporary certificate of occupancy.
3. Extension. The Building Inspector or Designated Authorized Agent may extend the time of a temporary certificate of occupancy for good cause. Such extension shall extend for the same period, the time for completion under the terms of any required bond.
Applicant’s Responsibilities. It shall be the applicant’s responsibility to request a final inspection and issuance of a certificate of occupancy.

3.36 Sign Permit

Applicability. It shall be unlawful for any person to erect, construct, enlarge, relocate, or structurally modify a sign or cause the same to be done in the City of Ashland without first obtaining a sign permit for each such sign pursuant to this Section and Section 6.6: Signs.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a sign permit may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a sign permit.
2. Initiation. Initiation of a sign permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the sign owner, the property owner where the sign is or shall be located, and the sign contractor of the proposed sign.
4. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, and the location of the proposed sign and any existing signs on the parcel.
5. Calculations or evidence showing that the structure and design comply with the provisions of Section 6.6: Signs.
6. Evidence of liability insurance policy or bond as required herein.
7. Such other information as the Zoning Administrator or Designated Authorized Agent may require to show full compliance with the provisions of this Ordinance.
8. Signature of the applicant.
9. Payment of all required fees.
10. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
11. Review the application, considering the criteria for approval, and submit the application to other City Staff for their review and comment as necessary or desired.
12. Staff final action. Within fifteen (15) working days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a sign permit. If a sign permit is denied, within fifteen (15) working days of the denial, the Zoning Administrator or Designated Authorized Agent shall set forth in writing the reasons for the denial.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a sign permit when the permit application is properly made, all appropriate fees have been paid, and the sign complies with the applicable provisions of this Ordinance.

3.37 Bed And Breakfast Establishment Permit

Applicability. The development, operation, or management of a bed and breakfast establishment requires the issuance of a bed and breakfast establishment permit pursuant to this Section and may require a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, considering developing a bed and breakfast establishment is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable City Staff and government agencies, pursuant to the procedures described in Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a request for a bed and breakfast establishment permit may be made upon application of the property owner or their designated agent and may be made simultaneously with the required application for a conditional use permit.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Upon satisfactory review of the application and, if required, upon approval of a conditional use permit for the bed and breakfast establishment, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of bed and breakfast establishment permit.
Approval Criteria. A bed and breakfast establishment permit shall be approved if it meets all of the following criteria:
1. A conditional use permit, if required, has been approved;
2. The bed and breakfast establishment is consistent with all conditions of the approved conditional use permit, if required; and
3. The bed and breakfast establishment meets all applicable provisions of this Ordinance and applicable provisions set forth in Chapter DHS 195 of the Wisconsin Administrative Code or Chapter DHS 197 of the Wisconsin Administrative Code.
Termination of Permit. A bed and breakfast establishment permit shall be void upon the sale or transfer of the property ownership. A permit issued in accordance with this Section shall be valid until terminated by action of the Zoning Administrator or Designated Authorized Agent for violation of the provisions of this Ordinance or violations of the provisions set forth in Chapter DHS 195 of the Wisconsin Administrative Code or Chapter DHS 197 of the Wisconsin Administrative Code.

3.38 Floodplain Certificate Of Compliance

Applicability. No land in the Floodplain Overlay District as specified in Section 4.50: F-O Floodplain Overlay District, shall be occupied or used, and no building that is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a Floodplain Certificate of Compliance is issued by the Zoning Administrator or Designated Authorized Agent, except where no development permit or building permit is required by this Ordinance.
Review Process.
1. Initiation. An application for a Floodplain Certificate of Compliance may be initiated by a property owner or their designated agent, concurrently with an application of a development permit.
2. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent, pursuant to Section 3.1, D., 2.: Application Forms and Fees.
3. Staff review and final action. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
4. Review the application, considering the approval criteria, and if all of the provisions of the Floodplain Overlay District are met, the Floodplain Certificate of Compliance shall be issued within thirty (30) days after written notification from the applicant that the permitted work is completed.
Approval Criteria. Approval of a Floodplain Certificate of Compliance shall be in accordance with the provisions specified in Section 4.50: F-O Floodplain Overlay District.
Additional Approvals. Approval of a Floodplain Certificate of Compliance signifies the application’s compliance with the provisions of the Floodplain Overlay District. Such approval shall not relieve the applicant from obtaining any other approvals that may be necessary for the proposed development including, but not limited to, those required by the United States Army Corp of Engineers under Section 404 of the Federal Water Pollution Control Act (Clean Water Act).

3.39 Certified Survey Map Without Public Dedication

Applicability. Whenever a division of land is proposed, but an insufficient number of parcels or parcels of size such that a platted subdivision is not required by Section 9.1, C.: Types of Land Division, in lieu of a platted subdivision, such division of land shall be accomplished by a certified survey map in compliance with the provisions of Section 236.34 of the Wisconsin Statutes and this Ordinance. If the proposed certified survey map does not involve dedications to the public, the certified survey map may, at the discretion of the Zoning Administrator or Designated Authorized Agent, be reviewed and approved administratively pursuant to this Section. If the proposed certified survey map involves dedication to the public, it shall be reviewed by the Plan Commission and approved by the Common Council following the general procedures relating to plat review and approval.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, of a proposed division of land that is intended to be accomplished by a certified survey map may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent and other applicable City Staff, to review the proposed division of land and clarify the requirements for obtaining approval of a certified survey map.
2. Initiation. Initiation of a certified survey map may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and the required information specified in Section 9.2, E.: Certified Survey Map.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of a certified survey map.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall approve a certified survey map when the application is properly made, all appropriate fees have been paid, and the certified survey map complies with the applicable provisions of this Ordinance and state law.

3.40 Erosion And Sediment Control Plan

Applicability. No land disturbing construction activity as specified in Section 8.2, A., 4: Applicability shall commence without receiving prior approval of an erosion and sediment control plan for the site and all other applicable approvals and permits.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, on any site on which land disturbing construction activity is proposed to occur is encouraged to request a pre-application meeting with the Public Works Director or Designated Authorized Agent to review the proposed land disturbing construction activity and clarify the requirements for receiving the necessary approvals.
2. Initiation. Initiation of an erosion and sediment control plan may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Public Works Director or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include all the required information specified in Section 8.2, D.: Erosion and Sediment Control Plan and Permitting Requirements.
4. Staff review. The Public Works Director or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Public Works Director or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of the erosion and sediment control plan.
Approval Criteria. The Public Works Director or Designated Authorized Agent shall approve an erosion and sediment control plan when the application is properly made, all appropriate fees have been paid, and the erosion and sediment control plan complies with the applicable provisions as specified in Section 8.2: Construction Site Erosion Control (and elsewhere in this Ordinance) and state law.

3.41 Storm Water Management Plan

Applicability. No land disturbing construction activity as specified in Section 8.3, A., 4: Applicability shall commence without receiving prior approval of a storm water management plan for the site and all other applicable approvals and permits.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, on any site on which land disturbing construction activity is proposed to occur is encouraged to request a pre-application meeting with the Public Works Director or Designated Authorized Agent to review the proposed land disturbing construction activity and clarify the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a storm water management plan may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Public Works Director or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include all the required information specified in Section 8.3, D.: Storm Water Management Plan and Permitting Requirements.
4. Staff review. The Public Works Director or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Public Works Director or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of the storm water management plan.
Approval Criteria. The Public Works Director or Designated Authorized Agent shall approve a storm water management plan when the application is properly made, all appropriate fees have been paid, and the storm water management plan complies with the applicable provisions as specified in Section 8.3: Post Construction Storm Water Management (and elsewhere in this Ordinance) and state law.

3.42 Right-Of-Way Permit

Applicability. All private utilities, private contractors and property owners shall obtain a right-of-way permit from the Public Works Director or Designated Authorized Agent prior to digging, excavating, trenching, augering, jacking, or other work requiring a right-of-way permit, within any street or alley right-of-way. Refer to City of Ashland Ordinance 501 for more information.

3.43 Fence Permit

Applicability. No fence, gate, or wall (except those specifically exempted by Section 6.5: Fences) shall be constructed without first having obtained an approved fence permit from the Building Inspector or Designated Authorized Agent.
Review Process.
1. Pre-application meeting. Any person or entity wishing to construct a fence, gate, or wall may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and discuss the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a fence permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include the following supporting information:
  1. A plan at a scale of one inch equals twenty feet (1” = 20’) or greater, showing the location of any fences and landscaped areas in relation to structures and parcel lines;
  2. A description of the types of fencing materials to be used; and
  3. A drawing showing the height, footings, and design of the fences.
4. Staff review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within fifteen (15) days of the City’s receipt of a complete application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for a fence permit.
Approval Criteria. The Building Inspector or Designated Authorized Agent shall approve a fence permit when the application is properly made, all appropriate fees have been paid, and the proposed work complies with the applicable provisions as specified in Section 6.5: Fences.
Fence Permit Appealed. In the event that the Building Inspector or Designated Authorized Agent denies a fence permit application, the applicant may choose to appeal the denial decision to the Zoning Board of Appeals. Such appeal must be made in writing to the Zoning Administrator or Designated Authorized Agent within ten (10) working days of the denial.

3.44 Approval To Temporarily Place Items On Sidewalks

Applicability. No sales racks, tables, chairs, or other items shall be placed on City sidewalks without the permission of the City. Items that are intended to be placed on a sidewalk shall require approval from the Public Works Director or Designated Authorized Agent. Refer to City of Ashland Ordinance 501 for more information. This Section does not apply to newspaper racks, which are governed by City of Ashland Ordinance 934, or sidewalk signs, which are governed by Section 6.6. F., 8.: Sidewalk Signs.

3.45 Sign Permit For A Sidewalk Sign

Applicability. Pursuant to Section 6.6, F., 8.: Sidewalk Sign, no sidewalk sign shall be allowed without the issuance of a sign permit pursuant to this Section.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a sign permit for a sidewalk sign adjacent to their property may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed sign and clarify the requirements for obtaining a sign permit.
2. Initiation. Initiation of a sign permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the sign owner, the property owner, and the sign contractor of the proposed sign.
  2. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, colors, and the location of the proposed sign and any existing signs on the parcel.
  3. Site sketch showing the location of the proposed sidewalk sign in relation to parcel lines, buildings, and the sidewalk and street.
  4. Such other information as the Zoning Administrator or Designated Authorized Agent may require showing full compliance with the provisions of this Ordinance.
  5. Signature of the applicant on the sign permit.
  6. Signature of the applicant on a hold harmless agreement.
  7. Payment of all required fees.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the application, considering the criteria for approval, and submit the application to the Public Works Director and Police Chief or Designated Authorized Agent for their review and approval as necessary or desired.
5. Staff final action. Within fifteen (15) working days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent (and where applicable, the Public Works Director and Police Chief or Designated Authorized Agent) shall approve, approve with conditions, or deny the request for issuance of a sign permit for a sidewalk sign. If a sign permit for a sidewalk sign is denied, within fifteen (15) working days of the denial, the Zoning Administrator or Designated Authorized Agent shall set forth in writing the reasons for the denial.
Approval Criteria.
1. The Zoning Administrator or Designated Authorized Agent shall issue a sign permit for a sidewalk sign when the permit application is properly made, all appropriate fees have been paid, and the sign complies the provisions of Section 6.6, F., 8., Sidewalk Sign.
2. The Zoning Administrator or Designated Authorized Agent shall deny an application for a sign permit for a sidewalk sign if it is inconsistent with the provisions of this Ordinance. Reasons for denial may include, but shall not be limited to, the following:
  1. The sign material does not comply with the allowable material types;
  2. The sign design or construction is not compatible with its surroundings;
  3. The sign does not encourage a positive business atmosphere; and/or
  4. The sign exceeds the allowable size.
Revocation of Sidewalk Sign Permit.
1. The Zoning Administrator or Designated Authorized Agent may elect to revoke a permit for a sidewalk sign that is in violation of this Ordinance. Reasons for a revocation may include, but shall not be limited to, the following:
  1. The location, installation, or construction of the sign presents a safety hazard or is different than what was indicated on the application;
  2. The sign is being displayed outside the allowable hours for display; and/or
  3. The sign is not appropriately stabilized or weighted to prevent unintentional movement.
2. Process for revocation of a sign permit. The process for the revocation of a sign permit associated with a sidewalk sign shall be as follows:
  1. The Zoning Administrator or Designated Authorized Agent shall issue a written warning specifying the violation and the allowable time to bring the violation into compliance.
  2. If the violation is not brought into compliance by the time allowed by the Zoning Administrator or Designated Authorized Agent, the permit shall be revoked and may not be renewed until the next calendar year.
  3. Under circumstances in which, a sidewalk sign presents an immediate public safety hazard, as determined by the Zoning Administrator or Designated Authorized Agent, the immediate removal of the sign may be ordered. If the owner fails to remove the sign, the Zoning Administrator or Designated Authorized Agent may physically remove the sign. Upon removal of the illegal sign, the owner of the sign shall be given thirty (30) days in which to salvage the sign upon payment of a ten dollar ($10.00) removal fee and a five dollar ($5.00) fee per day for storage. If not salvaged, the sign may be disposed of as deemed appropriate.

3.46 Keeping Of Animals Permit

Applicability. It shall be unlawful to keep, on any property located in the City of Ashland, family farm animals identified in Section 5.6, C.: Keeping of Animals (excluding those specifically exempted) without first having obtained an approved Keeping of Animals permit from the Zoning Administrator and Animal Control Officer or Designated Authorized Agent.
Review Process.
1. Pre-application meeting. Any person or entity wishing to request the keeping of family farm animals may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed request and discuss the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a keeping of animals permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include the following supporting information:
  1. A site sketch showing:
    1. Parcel lines and dimensions;
    2. Location of all existing buildings, structures and setbacks from parcel lines;
    3. Location of all occupied principal buildings on neighboring parcels within one hundred (100) feet;
    4. All streets avenues, alleys and other rights-of-way;
    5. Location of proposed shelters, coops, hives, fencing or other structures proposed to be used; and
    6. Location of flyway barriers (for beekeeping).
  2. A description, drawing and/or photos of the building and/or fencing materials to be used;
4. Staff review. The Zoning Administrator and Animal Control Officer or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
5. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Zoning Administrator and Animal Control Officer or Designated Authorized Agent shall approve, approve with conditions, or deny the request for a keeping of animals permit.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall approve a keeping of animals permit when the application is properly made, all appropriate fees have been paid, and the proposed work complies with the applicable provisions as specified in Section 5.6, C.: Keeping of Animals.
Permit Expiration and Fees. A keeping of animals permit shall be valid from the date of issuance to December 31 of the 3rd calendar year in which the permit was issued. A keeping of animals permit must be renewed each 3rd calendar year, prior to December 31 regardless of the date of issuance. Permit fees shall be identified in the City of Ashland Comprehensive Fee Schedule and shall be doubled for failure to obtain a permit. Permits for the keeping of animals shall be subject to review and renewal upon transfer of ownership of parcel or animals.
Revocation of a Keeping of Animals Permit.
1. Reasons for revocation. The Zoning Administrator and/or Animal Control Officer or Designated Authorized Agent may elect to revoke a permit for the keeping of animals that is in violation of this Ordinance. Reasons for a revocation may include, but shall not be limited to, the following:
  1. The location or installation of the animals and associated structures presents a safety hazard or is different than what was indicated on the application;
  2. The keeping of animals is creating a nuisance to occupants of nearby properties;
  3. The animals are not provided with adequate shelter, a secure enclosure, food or water;
  4. The shelter and/or enclosures are unsanitary or unsafe; and
  5. Other reasons not specifically stated that endanger the safety, health and welfare of the animals and/or citizens of the City.
2. Process for revocation of a keeping of animals permit. The process for the revocation of a keeping of animals permit shall be as follows:
  1. The Zoning Administrator, Animal Control Office or Designated Authorized Agent shall issue a written warning specifying the violation and the allowable time to bring the violation into compliance;
  2. If the violation is not brought into compliance by the time allowed, the permit shall be revoked and may not be renewed until the next calendar year or for three (3) months, whichever is later; and
  3. Under circumstances in which, the keeping of animals presents an immediate public safety hazard, as determined by the Zoning Administrator, Animal Control Officer or Designated Authorized Agent, the immediate removal of the animals may be ordered. If the owner fails to remove the animals, the Animal Control Officer or Designated Authorized Agent may physically remove the animals.

3.47-3.54 (Reserved)

(Reserved for future applications requiring administrative approval.)

3.55 Other Required Permits And Approvals

In the event that this Ordinance references permits or approvals that are not specified in Part 3: Applications, Reviews, and Approvals, the applicant shall submit an application on a form as directed by the Zoning Administrator or Designated Authorized Agent.

Ashland City Zoning Code

PART 3

Application, Review, And Approval Procedures

3.1 General Provisions

Intent. The intent of this Part of the Unified Development Ordinance is to establish application procedures, internal review procedures, public notice and hearing procedures, and approval criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdictions of the City of Ashland.
General Types of Development.
1. Development defined. Except where the context otherwise requires, and in absence of a more limiting provision in this Ordinance, development means the performance of any building or mining operation, or the making of any material change in the use or appearance of any structure or land. All development within the City of Ashland, except as hereinafter specified, shall be undertaken in accordance with the provisions of this Ordinance and only after a development permit is issued, if required by this Ordinance. All development shall be categorized as one of the following types of development:
  1. General Development. Development for which a development permit or building permit will be granted as a right on compliance with the terms of this Ordinance, hereinafter called General Development.
  2. Conditional Development. Development for which a development permit will be granted only after exercise of discretion in accordance with the criteria of this Ordinance, hereinafter called Conditional Development or Conditional Use.
  3. Exempt Development. Development that is exempt from the regulations of this Ordinance, as specified in Section 3.1, B., 3.: Exempt Activities.
2. Permits required. The following activities or uses shall be taken to involve development and shall require a development, building, sign and/or other applicable permit, unless expressly excluded by this Ordinance:
  1. A change in type of use of a structure or land, a change from one use to a more intense use, or a change from one use sector to a use in another sector as designated by the North American Industry Classification System (NAICS);
  2. A reconstruction, or alteration of the size, or material change in the external appearance, of a structure on land;
  3. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure on land;
  4. Commencement of mining or excavation on a parcel of land;
  5. Demolition or moving of a structure;
  6. Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land;
  7. In the connection with the use of land, the making of any material change in noise levels, thermal conditions, emissions of waste material, or other objectionable element;
  8. Commencement or change in the location of street graphics or use of land, and the commencement or change in the location of advertising on the external part of a structure;
  9. Alteration of a shore, bank, floodplain of a stream, lake, pond, or artificial body of water;
  10. Reestablishment of a nonconforming or conditional use that has not been used for one (1) year;
  11. Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of this Ordinance granting the development permission under which the development was commenced or is continued; or
  12. Earth grading, filling, and/or excavation activities for the purpose of altering the parcel or site for future development.
3. Exempt activities. The following operations or uses do not constitute development for the purposes of this Ordinance:
  1. The maintenance or improvement of a public road or railroad track not involving substantial engineering redesign if the work is carried out on land within the boundaries of the right-of-way;
  2. Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal, or construction on an established right-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like;
  3. Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior where the costs of such work (including labor) is less than five-thousand dollars ($5,000), or affects only the color of the structure or decoration of the exterior of the structure, but does not otherwise materially affect the external appearance of the structure;
  4. The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling;
  5. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products or for other agricultural purposes, except the growing or storage of livestock;
  6. A change in the use of land or structure from a use within a use group specified in this Ordinance to another use in the same use group; or
  7. Official public information street graphics installed by or at the discretion of the City of Ashland, Ashland County, or the State of Wisconsin.
General Types of Development Reviews and Approvals. There shall be the following three (3) general types of reviews and approvals associated with development in the City of Ashland:
1. Public hearing. Development or actions that require special opportunities for broad public input require a public hearing pursuant to Public Hearing and Noticing Requirements.
2. Public informational meeting. Development that requires action by an elected or appointed body, but does not require a public hearing, may cause a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings.
3. Administrative review and approval. Development or action that requires administrative review and approval in lieu of review and approval by an elected or appointed body. Refer to Section 3.1, H.: General Procedures Associated with Administrative Reviews and Approvals for additional information.
General Development Review Elements and Procedures.
1. Pre-application meeting. Prior to the submission of an application as required by this Ordinance, a pre-application meeting may be required by this Ordinance or encouraged by the Zoning Administrator or Designated Authorized Agent as follows:
  1. Purpose of the meeting. A pre-application meeting is a meeting between a potential applicant and the Zoning Administrator and/or other City Staff. The meeting provides an opportunity for an applicant to describe the proposed development and for the Zoning Administrator and/or other City Staff to indicate which application is appropriate and what criteria will be used to determine whether the application should be approved.
  2. Meeting format. Unless otherwise specified in this Ordinance, there is no required format for a pre-application meeting.
  3. Combined meetings. Pre-application meetings may be combined when an applicant anticipates making simultaneous applications for the same project.
  4. No approval action. Participation in a pre-application meeting does not imply or assume subsequent approval, approval with conditions, or denial of an application.
2. Application forms and fees. The following provisions shall apply to all required applications pursuant to this Ordinance:
  1. Forms. Applications shall be submitted on forms, with any requested information and attachments, and in such numbers, as required by the City, including any checklists for submittals. The Zoning Administrator or Designated Authorized Agent shall have the authority to request any other pertinent information required to ensure compliance with this Ordinance. The Zoning Administrator or Designated Authorized Agent shall make the required forms available to all applicants. The forms may be available for downloading from the City’s official website.
  2. Application fees. Fees for those applications required by this Ordinance shall be in accordance with the City’s current fee schedule, which the Common Council may update from time to time. The fees are intended to cover the City’s actual costs in processing the application. Such costs may include, but are not limited to, filing the application, publishing notices, and mailing notices regarding the application.
  3. Review costs. In addition to the costs incurred by the City in processing an application, the City may incur costs to review an application. The cost for all such reviews shall be borne by the applicant. The City reserves the right to require an escrow account be established to provide funds for anticipated review costs.
  4. Refundability of fees. Planning, zoning, and building permit/license fees are refundable if a permit is not issued. Application review fees, fees for permits requiring Plan Commission approval, publication fees and issued permit/license fees are non-refundable.
3. Application deadline. All applications shall be completed and submitted to the Zoning Administrator or Designated Authorized Agent in accordance with a schedule established annually by the City. An application shall not be considered officially submitted until it has been determined to be complete pursuant to the provisions of this Section.
4. Application completeness.
  1. Completeness requirements. An application shall be considered submitted only after the Zoning Administrator or Designated Authorized Agent has determined it is complete, it is in the required form, it includes all mandatory information (including all exhibits), and it is accompanied by the applicable fee.
  2. Completeness review period. A determination of application completeness shall be made by the Zoning Administrator or Designated Authorized Agent within fifteen (15) working days of the City’s receipt of the application.
  3. Incomplete application. If the application is determined to be incomplete, the Zoning Administrator or Designated Authorized Agent shall provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of the application shall occur until the deficiencies are corrected.
5. Limit of time relating to final action. Upon receipt of a complete application, the City and the applicable review authorities shall review the application and take final action on the application in a timely manner consistent with Wisconsin Statutes. The allowable time to take final action on an application is specified in the review procedures of the application. However, the allowable time to take final action may be extended in writing by mutual acceptance of the approval authority and the applicant and consistent with Wisconsin Statutes.
6. Limit of time to commence work after approvals. Approvals made by the applicable approval authorities, unless otherwise stated in this ordinance or the approval, shall be void after twelve (12) months from the date of such approval if work on the related project has not commenced, unless an extension is granted by the Zoning Administrator, other Approval Authority, or Designated Authorized Agent.
7. Limit on reapplication. If any application is denied by the approval authority as specified in this Ordinance, another application or petition for the same permit, approval, or amendment for the same property (or any portion thereof) may not be filed within a period of ninety (90) days from the date of final denial, unless allowed by the appropriate approval body and based on the demonstration of any of the following conditions:
  1. Change in circumstances. There is substantial change in circumstances relevant to the issues and/or facts considered during the review of the application that might reasonably affect the approval body’s application of the relevant review standards to the development proposed in the application; or
  2. New information. New or additional information is available that was not available at the time of the review that might reasonably affect the approval body’s application of the relevant review standards to the development proposed; or
  3. Significant difference. A new application is proposed to be submitted that is significantly different from the prior application; or
  4. Mistake made. The final decision on the application was based on a mistake of fact.
General Review and Approval Criteria.
1. Required review and approval criteria. In reviewing and taking final action on an application or permit request, the review and approval authorities shall consider all approval criteria as specified in this Ordinance and shall consider all pertinent facts, public comments, and consistency with all applicable laws.
2. Conditions that may be attached to approval. Conditions may be attached to approval of permits to address any of the following conditions or other applicable conditions not herein listed:
  1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
  2. Control the sequence of development, including when it must be commenced and completed;
  3. Control the duration of use of development and the time within which any structures must be removed;
  4. Ensure that development, open spaces, private roads and utilities are maintained properly in the future;
  5. Designate the exact location and nature of development; and
  6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
3. Consideration of principles of sustainability in the review and approval process. Pursuant to the City of Ashland’s commitment to sustainability as described in Section 1.4: Integration of Principles of Sustainability, the review and approval process shall consider, to the extent reasonable, how an application or permit relates to the principles of sustainability as adopted by the City of Ashland and as specified in Section 1.4: Integration of Principals of Sustainability. Except as specified otherwise in this Ordinance, it is not the intent of this Ordinance to deny an application based exclusively on how the application relates to principles of sustainability. Instead, it is the intent of this Ordinance to assist in clarifying principles of sustainability that can help strengthen the proposed development and move the City towards sustainability.

Public Hearing and Noticing Requirements.

Intent of a public hearing. A public hearing is a special type of public meeting that is intended to provide the public with a formal opportunity to express their views and concerns on certain matters before the Plan Commission, the Common Council, or other elected or appointed bodies.

Table 3.1.A: Summary of Responsibility to Conduct a Public Hearing
Application Procedure	Plan Commission	Zoning Board of Appeals	Common Council
Comprehensive Plan Amendment	Required	No	Optional
Zoning Map Amendment (Rezoning)	Required	No	Optional
Ordinance Text Amendment	Required	No	Optional
Floodplain Overlay Map or Text Amendment	Required	No	Optional
Wetland Overlay Map or Text Amendment	Required	No	Optional
PUD General Development Plan	Required	No	Optional
PUD Specific Implementation Plan	Required	No	Optional
Conditional Use Permit	Required	No	Optional
Variance	No	Required	No
Appeal of a Administrative Decision	No	Required	No
Appeals, Variances, and Boundary Dispute Resolution relating to the Floodplain Overlay	No	Required	No
Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay	No	Required	No
Discontinuance/Vacation of a Public Way	No	No	Required

General public hearing noticing requirements.

Summary of notice required. Public hearing notice shall be made as shown below in Table 3.1.B.: Summary of Public Hearing Notice Requirements.

Table 3.1.B: Summary of Public Hearing Notice Requirements
Application Procedure	Published	Mailed	Posted on Property	Posted in Public Place
Comprehensive Plan Amendment	Class 2	Discretionary	Discretionary	Discretionary
Zoning Map Amendment (Rezoning)	Class 2	Discretionary	Discretionary	Discretionary
Ordinance Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
Floodplain Overlay Map or Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
Wetland Overlay Map or Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
PUD General Development Plan	Class 2	Discretionary	Discretionary	Discretionary
PUD Specific Implementation Plan (public hearing only if required)	Class 2	Discretionary	Discretionary	Discretionary
Conditional Use Permit	Class 2	Discretionary	Discretionary	Discretionary
Variance	Class 1	Discretionary	Discretionary	Discretionary
Appeal of a Administrative Decision	Class 1	Discretionary	Discretionary	Discretionary
Appeals, Variances, and Boundary Dispute Resolution relating to the Floodplain Overlay	Class 2	Discretionary	Discretionary	Discretionary
Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay	Class 2	Discretionary	Discretionary	Discretionary
Discontinuance or Vacation of a Public Way	Class 3	Required	Discretionary	Discretionary

Published notice. At least seven (7) days prior to the date set for the public hearing, a Notice of Public Hearing shall be published in the local newspaper designated by the Common Council. In the case of a Comprehensive Plan Amendment, a Notice of Public Hearing shall be published at least thirty (30) days prior to the date set for the public hearing. There shall be three (3) classes of legal notices pursuant to Chapter 985 of the Wisconsin Statutes, as follows. The class of notice required for the application procedure shall be as specified in Table 3.1.A.: Summary of Public Hearing and Notice Requirements.
1. Class 1 Notice: Requires one (1) insertion in the local newspaper designated by the Common Council.
2. Class 2 Notice: Requires two (2) insertions in the local newspaper designated by the Common Council.
3. Class 3 Notice: Requires three (3) insertions in the local newspaper designated by the Common Council.
Mailed notice. A mailed Notice of Public Hearing shall not be required (except where otherwise specified in this Ordinance). However, when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may mail such notices by U.S. mail to the owners of record of real property within two hundred (200) feet of the property under consideration as. Such notice may be served by its deposit in the municipality, properly addressed with postage paid, in U.S. mail, preferably at least ten (10) days prior to the date set for the public hearing. Additional mailed notices may also be mailed pursuant to provisions of the specific application and development review procedures specified elsewhere in this Ordinance.
Posted notice on property. A Notice of Public Hearing shall not be required to be posted on the property under consideration, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notice or cause such notice to be posted. Such posting shall be in a format approved by the Zoning Administrator or Designated Authorized Agent and shall occur on a date specified by the Zoning Administrator or Designated Authorized Agent, preferably at least seven (7) days prior to the date set for the public hearing.
Posted notice in public place. A Notice of Public Hearing shall not be required to be posted in a public place, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notices, preferably at least seven (7) days prior to the date set for the public hearing and preferably in three (3) public places in the City of Ashland as determined by the Common Council.
Content of notice. Published or mailed notices shall contain at least the following information:
1. The legal description or street address of the property that is the subject of the application;
2. The substance of the application, including the type of proposed development and the current zoning district (if applicable);
3. The time, date, and location of the public hearing with a statement that interested parties may appear at the public hearing; and
4. A phone number to contact the City.
Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

Conduct of public hearing.
1. Public comment. Any party may appear and be heard in person or through an agent or attorney at the public hearing. Written comments may be submitted to the applicable review and approval authorities prior to or during the hearing.
2. Modification of an application at a public hearing.
  1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the public hearing or to suggestions or recommendations by the recommending or approval body holding the public hearing.
  2. Unless such modifications are so substantial that the recommending or approval body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, or unless such modifications are so substantial that a new public hearing must be noticed and held, then the approval body may approve the application with the stipulation that the final approval will not be effective until materials reflecting the agreed upon changes are submitted to the Zoning Administrator or Designated Authorized Agent.
  3. Where deemed appropriate by the approval body, modifications may be referred back to the recommending body for review, prior to further consideration. The approval body shall either continue the hearing at a certain new date and time or close the hearing and republish notice of any future public hearing.
3. Continuing the hearing. A public hearing may be continued without additional mailed or published notice, provided that the motion to continue the public hearing is made in open session, specifies the date and time when the public hearing will continue, and notice is provided consistent with Sections 19.81-19.98 of the Wisconsin Statutes, dealing with Wisconsin open meeting law.
4. Findings and conclusions. All findings and conclusions shall be based on reliable evidence as reasonably available.
5. Record. A record shall be made of all public hearings. All documentary evidence presented at public hearings shall be made part of the record.

General Procedures Associated with Public Informational Meetings and Notices.

Intent of a public informational meeting. A public informational meeting is a meeting held by the Plan Commission, the Common Council, or other elected or appointed bodies. The public can attend the meetings and may be encouraged to express their views and concerns on certain matters before the elected or appointed bodies. However, unlike a public hearing, a public informational meeting does not require a formal opportunity for the public to provide input, but generally does allow for comment.

Table 3.1.C: Summary of Responsibility to Conduct a Public Informational Meeting
Application Procedure	Plan Commission	Zoning Board of Appeals	Common Council
Site Plan Approval	Encouraged for developments of 75,000 sq. ft. or larger	No	No
PUD - Site Specific Plan	Required - or public hearing in lieu of	No	Required – or public hearing in lieu of
Preliminary Plat	Required – or public hearing in lieu of	No	No
Final Plat	Required – or public hearing in lieu of	No	Required – or public hearing in lieu of

General noticing requirements. Wherever this Ordinance requires that a public informational meeting be held, the meeting shall be conducted in accordance with the Wisconsin open meeting law as specified in Sections 19.81-19.98 of the Wisconsin Statutes and as follows:
1. Published notice. Published notice of a public informational meeting shall be consistent with the Wisconsin open meeting law. The notice shall be published in the local newspaper designated by the Common Council (and other news media per their request) at least twenty-four (24) hours, but preferably at least seven (7) days, in advance of the public informational meeting.
2. Mailed notice. A mailed notice of a public informational meeting shall not be required, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may mail such notices by U.S. mail to the owners of record of real property within two hundred (200) feet of the property under consideration as. Such notice may be served by its deposit in the municipality, properly addressed with postage paid, in U.S. mail, preferably at least ten (10) days prior to the date set for the public informational meeting. Additional mailed notices may also be mailed pursuant to provisions of the specific application and development review procedures specified elsewhere in this Ordinance.
3. Posted notice on property. A notice of a public informational meeting shall not be required to be posted on the property under consideration, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notice or cause such notice to be posted. Such posting shall be in a format approved by the Zoning Administrator or Designated Authorized Agent and shall occur on a date specified by the Zoning Administrator or Designated Authorized Agent, preferably at least seven (7) days prior to the date set for the public informational meeting.
4. Posted notice in public place. A notice of a public informational meeting shall not be required to be posted in a public place, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notices, preferably at least seven (7) days prior to the date set for the public informational meeting and preferably in three (3) public places in the City of Ashland as determined by the Common Council.
5. Content of notice. Published or mailed notices shall contain at least the following information:
  1. The legal description or street address of the property that is the subject of the application;
  2. The substance of the application, including the type of proposed development and the current zoning district (if applicable);
  3. The time, date, and location of the public informational meeting with a statement that interested parties may appear at the public informational meeting; and
  4. A phone number to contact the City.
6. Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.
Conduct of public informational meetings.
1. Modification of an application at a public informational meeting.
  1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the public informational meeting or to suggestions or recommendations by the body holding the public informational meeting.
  2. Unless such modifications are so substantial that the approval body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, or unless such modifications are so substantial that a new public informational meeting must be noticed and held, the approval body may approve the application with the stipulation that the final approval will not be effective until materials reflecting the agreed upon changes are submitted to the Zoning Administrator or Designated Authorized Agent.
2. Continuing the public informational meeting. A public informational meeting may be continued without additional mailed or published notice, provided that the motion to continue the meeting is made in open session, specifies the date and time when the public informational meeting will continue, and notice is provided consistent with Sections 19.81-19.98 of the Wisconsin Statutes, dealing with Wisconsin open meeting law.
3. Findings and conclusions. All findings and conclusions shall be based on reliable evidence as reasonably available.
4. Record. A record shall be made of all public informational meetings. All documentary evidence presented at the meetings shall be made part of the record.

General Procedures associated with Administrative Review and Approval.
1. Intent of administrative review and approval. Administrative review and approval is intended to allow a quicker and less costly review and approval process for development and land use matters that are not expected to have an adverse impact on neighboring properties or the broader community.
2. Required administrative review and approval. Wherever this Ordinance requires administrative review and approval, the review and approval process shall be conducted in accordance with the provisions of this Ordinance. Table 2.1.A in Section 2.1: General Provisions summarizes the types of applications that require administrative review and the administrative staff that has the primary responsibility for reviewing and approving the application. However, administrative review and approval may be conducted by a Designated Authorized Agent. Consequently, Table 2.1.A in Section 2.1: General Provisions should be referred to a general guide and the responsibilities listed may be modified based on the unique characteristics of the applications.
3. General noticing requirements. There shall be no required noticing associated with administrative review and approval. However, at their discretion, administrative staff may notify adjacent property owners of pending development.
4. Conduct of administrative review and approval. Administrative staff shall have the opportunity to consult with other staff and government agencies in reviewing and processing an application. The applicant shall have the opportunity to refine the application submittal as necessary to ensure that the application is consistent with this Ordinance.

3.2 Comprehensive Plan Amendment

Applicability. Amendments to the City’s Comprehensive Plan may be made from time to time to help guide the City in establishing and maintaining sound, sustainable, and desirable development within the city. Amendments may also be made to correct errors in the text or maps of the Comprehensive Plan or to address changed or changing conditions in a specific area or in the city generally.
Review Process. The review process shall be consistent with Chapter 66 of the Wisconsin Statutes, Comprehensive Planning and as follows:
1. Pre-application meeting. If a proposed development requires a Comprehensive Plan Amendment, the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A Comprehensive Plan Amendment may be initiated by any of the following:
  1. The Plan Commission;
  2. The Common Council;
  3. The Zoning Administrator or Designated Authorized Agent; or
  4. The property owner or their designated agent
3. Application submittal. A complete application shall be submitted to Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Considering the approval criteria, deny the request or approve the request (by majority vote of the entire Plan Commission) recommending that the Common Council enact an ordinance approving the Comprehensive Plan Amendment.
6. Common Council action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application and considering the Plan Commission recommendation and the approval criteria, the Common Council shall deny the request or adopt an ordinance that amends the Comprehensive Plan unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
  3. Adoption of an ordinance shall require a majority vote of the entire Common Council.
7. Distribution of approved amendment. One copy of the adopted Comprehensive Plan Amendment shall be sent to all of the following:
  1. Every governmental body that is located in whole or part within the boundaries of the City;
  2. The clerk of every local governmental unit that is adjacent to the City;
  3. The Wisconsin Department of Administration;
  4. The Northwest Regional Planning Commission; and
  5. The Vaughn Public Library.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a Comprehensive Plan Amendment, the following approval criteria shall be considered:
1. The Comprehensive Plan Amendment helps guide and accomplish coordinated development that is harmonious with existing development in the City of Ashland, which will, in accordance with existing and future needs, best promote public health, safety, morals, and the general welfare, as well as the efficiency and economy in the process of development;
2. The Comprehensive Plan Amendment is consistent with the requirements and elements of Chapter 66 of the Wisconsin Statutes;
3. The Comprehensive Plan Amendment review process has provided adequate opportunity for public review and comment;
4. The Comprehensive Plan Amendment is generally consistent with the principles of sustainability as specified in Section 1.4: Integration of Principles of Sustainability.

3.3 Zoning Map Amendment (Rezoning)

Applicability.
1. General applicability. The Zoning Map may be amended whenever the public necessity, convenience, general welfare, or good zoning practice require. Amendments may also be made to correct errors in the Zoning Map or to address changed or changing conditions in a specific area or within the city generally. All Zoning Map Amendments must be consistent with the Comprehensive Plan and the provisions of this Section, except as modified by the special Zoning Map Amendment procedures specified in this Section.
2. Special Zoning Map amendment procedures. Due to the special requirements of specific zoning districts, Zoning Map Amendments relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay. An amendment to the Floodplain Overlay shall be pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay.
  2. Wetland Overlay. An amendment to the Wetland Overlay shall be pursuant to Section 3.7: Map and/or Text Amendment to the Wetland Overlay.
  3. Planned Unit Development (PUD) Overlay District. The creation of a Planned Unit Development (PUD) Overlay District shall be pursuant to Section 3.8: Creation of a Planned Unit Development Overlay District.
Review Process.
1. Pre-application meeting. If a proposed development requires a Zoning Map Amendment (rezoning), the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A Zoning Map Amendment may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria for a Zoning Map Amendment. In determining whether to approve, approve with conditions, or deny an application for a Zoning Map Amendment (rezoning), the following criteria shall be considered:
1. The Zoning Map Amendment is consistent with the Comprehensive Plan;
2. The Zoning Map Amendment promotes public health, safety, morals, and the general welfare, as well as the efficiency and economy in the process of development;
3. The Zoning Map Amendment is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood;
4. The property to be amended (rezoned) is suitable for the uses permitted by the Zoning District that would be applied by the proposed Zoning Map Amendment; and
5. The Zoning Map Amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.4 Unified Development Ordinance Text Amendment

Applicability.
1. General applicability. The text of the Unified Development Ordinance may be amended whenever the public necessity, convenience, general welfare, or good zoning practice require. Amendments may also be made to correct errors in the text of the Unified Development Ordinance or to address changed or changing conditions affecting the City. All text amendments must be consistent with the Comprehensive Plan.
2. Special Unified Development Ordinance text amendment procedures. Due to the special requirements of specific zoning districts, text amendments relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay District. An amendment to the Floodplain Overlay District shall be pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay District.
  2. Wetland Overlay District. An amendment to the Wetland Overlay District shall be pursuant to Section 3.7: Map and/or Text Amendment to the Wetland Overlay District.
Review Process.
1. Pre-application meeting. If a proposed development requires a text amendment to the Unified Development Ordinance, the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A text amendment may be initiated by any of the following:
  1. The Plan Commission;
  2. The Common Council;
  3. The Zoning Administrator or Designated Authorized Agent; or
  4. The property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested Ordinance Amendment.
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria. In determining whether to approve, approve with conditions, or deny an application for a text amendment to the Unified Development Ordinance, the following criteria shall be considered:
1. The text amendment is consistent with the Comprehensive Plan;
2. The text amendment promotes public health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development;
3. The text amendment is compatible with the present zoning and conforming uses of property and the character of neighborhoods; and
4. The text amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.6 Map And/Or Text Amendment To The Floodplain Overlay District

Applicability. The Common Council may change or supplement the Floodplain Overlay boundaries and the provisions of the Floodplain Overlay in accordance with this Ordinance and all applicable state and federal laws. Actions that require an amendment include, but are not limited to, the following:
1. Any change to the Official Floodplain Zoning Map, including the floodway line or boundary of any floodplain area;
2. Correction of discrepancies between the water surface profiles and floodplain zoning maps;
3. Any fill in the floodplain that 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;
4. Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more;
5. Any amendment to the floodplain text of this Ordinance as required by NR 116.05, Wisconsin Administrative Code, or otherwise required by law, or as required by this Ordinance;
6. All channel relocations and any change 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 Flood Insurance Rate Map requires prior approval of the Federal Emergency Management Agency (FEMA).
Review Process.
1. Pre-application meeting. The property owner of a proposed development that may involve a proposed amendment to the boundaries and/or the provisions of the Floodplain Overlay is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable Designated Authorized Agents of the City, pursuant to Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting may also involve pertinent representatives from the Regional Office of the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
2. Initiation. A Map Amendment to the Overlay Map relating to the Floodplain Overlay may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Within seven (7) days of the City having received a complete application, submit a copy of the proposed map and/or text amendment to the Regional Office of the Wisconsin Department of Natural Resources and to the Federal Emergency Management Agency (FEMA);
  3. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  4. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. FEMA review. Where the flood profiles are based on established base flood elevations from a Flood Insurance Rate Map (FIRM), the Federal Emergency Management Agency (FEMA) must also review and approve any map amendment.
6. Wisconsin Department of Natural Resources review and action. The Regional Office of the Wisconsin Department of Natural Resources shall review the requested amendment and provide comments to the City of Ashland at or prior to the public hearing as appropriate.
7. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
8. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested amendment unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council and shall be contingent on all required approvals from the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
9. Follow through on Common Council action. Within thirty (30) days following final action by the Common Council, the Zoning Administrator or Designated Authorized Agent shall submit a copy of the final action to the Regional Office of the Wisconsin Department of Natural Resources and to the Federal Emergency Management Agency (FEMA). No amendment shall become effective until reviewed and approved by the Regional Office of the Wisconsin Department of Natural Resources.
Approval Criteria. In determining whether to approve, approve with conditions, or deny an application for an amendment to the Floodplain Overlay, the following criteria shall be considered:
1. The amendment is consistent with the Comprehensive Plan;
2. The amendment promotes public health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development;
3. The amendment is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood;
4. The amendment does not adversely affect the waters of Lake Superior and its tributaries;
5. The amendment is consistent with all applicable state and federal laws relating to the floodplain; and
6. The amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.7 Map And/Or Text Amendment To The Wetland Overlay District

Applicability. The Common Council may change or supplement the Wetland Overlay boundaries and the provisions of the Wetland Overlay in accordance with this Ordinance and all applicable state and federal laws.
Review Process.
1. Pre-application meeting. The property owner of a proposed development that may involve a proposed amendment to the boundaries and/or the provisions of the Wetland Overlay is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable Designated Authorized Agents, pursuant to Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting may also involve pertinent representatives from the Regional Office of the Wisconsin Department of Natural Resources.
2. Initiation. A Map Amendment to the Overlay Map relating to the Wetland Overlay may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Submit a copy of the proposed map and/or text amendment to the Regional Office of the Wisconsin Department of Natural Resource within seven (7) days of the City having received a complete application;
  3. Notice the public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements;
  4. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action; and
  5. At least ten (10) days prior to the public hearing, provide the Regional Office of the Wisconsin Department of Natural Resources with written notice of the public hearing and a copy of the staff report to the Plan Commission.
5. Wisconsin Department of Natural Resources review. The Regional Office of the Wisconsin Department of Natural Resources shall review the proposed map and/or text amendment. Where the Regional Office determines that the proposed rezoning may have a significant adverse impact upon any of the approval criteria specified in this Section, the Regional Office shall so notify the City of Ashland of its determination either prior to or during the public hearing held on the proposed amendment.
6. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements;
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
7. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested amendment unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council and shall be contingent on all required approvals from the Wisconsin Department of Natural Resources.
8. Follow Through on Common Council final action.
  1. Within thirty (30) days following final action of the Common Council, the Zoning Administrator or Designated Authorized Agent shall submit a copy of the final action to the Regional Office of the Wisconsin Department of Natural Resources.
  2. If the Common Council approved the amendment and the amendment is inconsistent with the Department of Natural Resources recommendation regarding the amendment, then the amendment shall not become effective until more than thirty (30) days have elapsed following receipt of notification of the final action to the Department of Natural Resources.
  3. If within the thirty (30) days, the Department of Natural Resources notifies the City of Ashland that the Department of Natural Resources intends to adopt a superseding wetland overlay ordinance for the City of Ashland as provided by Section 62.231(6) of the Wisconsin Statutes, then the proposed amendment shall not become effective until the ordinance adoption procedure under Section 62.231(6) of the Wisconsin Statutes is completed or otherwise terminated.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a map and/or text amendment to the Wetland Overlay, the Plan Commission and Common Council shall consider the approval criteria specified in Section 3.3: Zoning Map Amendment. In addition, in order to ensure that this Ordinance will remain consistent with the shoreland protection objectives of Section 281.31 of the Wisconsin Statutes, the Common Council shall not rezone a wetland in the Wetland Overlay, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
1. Storm and flood water storage capacity;
2. Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;
3. Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
4. Shoreline protection against erosion;
5. Fish spawning, breeding, nursery, or feeding grounds;
6. Wildlife habitat; or
7. Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.

3.8 Creation Of A Planned Unit Development (PUD) Overlay District

Applicability.
1. A tract of land proposed to be developed as a Planned Unit Development (PUD) shall be under the control of a single owner, partnership, or corporation, where each owner agrees in advance to be bound by the conditions and regulations that will be effective within the district and to record such covenants, easements, and other provisions with the County.
2. The provisions of this Section are generally intended for application to larger and/or unique sites where a flexible approach to zoning regulations would facilitate more efficient use of the site and protection of natural resources achieved through clustering development and other innovative site planning and design techniques.
General Review Process. The review process for the creation of a PUD Overlay District involves two phases: review of a PUD – General Development Plan (PUD-GDP) and review of a PUD – Specific Implementation Plan (PUD-SIP). The following describes each review phase. An applicant has the option to submit an application for a PUD – Specific Implementation Plan at the same time as an application for a PUD – General Development Plan. Upon approval of the PUD-SIP, the Overlay District Map shall be amended to reflect the new PUD.
PUD – General Development Plan Review Process.
1. Pre-application meeting. The property owner of a proposed development that is intended to proceed as a PUD is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Application for a PUD-General Development Plan (PUD-GDP) shall be initiated by the property owner or their designated agent. The applicant shall have control of all property in the proposed PUD.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent for approval of a PUD-General Development Plan pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall contain the following information:
  1. Context map. A map of the project including its relationship to the surrounding properties, topography, or other prominent site features;
  2. Statement. A statement as to why the planned unit development (PUD) zoning is proposed. The statement shall identify reasons why planned unit development (PUD) zoning is preferable to development under standard zoning districts.
  3. Site plan. A site plan of the planned unit development (PUD) at a scale of not less than one inch equals one hundred feet (1” = 100’) showing the following:
    1. Land uses and development densities;
    2. The size, arrangement, and location of parcels;
    3. The proposed general location of buildings or groups of buildings;
    4. The location, design, and construction of public and private streets;
    5. The location of recreational areas and open space and a description of who will own and maintain the spaces;
    6. A general landscaping plan;
    7. A general grading plan, indicating onsite storm water management facilities and indicating the amount and location of off-site drainage;
    8. Identification of mature vegetation on the site and a proposal to preserve such vegetation worthy of protection;
    9. Identification and/or delineation of wetlands and floodplains within the site and a proposal to protect such areas from encroachment or degradation;
    10. Statistical data on the size of the development, density/intensity of various sub-areas, and expected phasing or staging.
    11. A description of the intended organizational structure for a property owner’s association, if any; and
    12. A description of the deed restrictions or restrictive covenants, if any.
  4. Additional plans. The Plan Commission or Common Council may require other special studies, plans, or additional information that would aid in consideration of the proposed development.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice the public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after the City has received a complete application and within forty (40) days after the public hearing, the Plan Commission (considering the approval criteria) shall recommend to the Common Council approval, approval with conditions, or denial of the request.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map and approving the PUD – General Development Plan unless the deadline for action is extended pursuant to The ordinance associated with the PUD – General Development Plan is an interim zoning classification that does not enable any development until the PUD – Specific Implementation Plan is approved.
  3. Approval, or approval with conditions of the PUD – General Development Plan shall require a majority vote of the entire Common Council.
PUD – Specific Implementation Plan Review Process.
1. Initiation. Application for a PUD-Specific Implementation Plan (PUD-SIP) shall be initiated by a property owner or their designated agent. The Applicant shall have control of all property in the proposed PUD.
2. Application submittal.
  1. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent for approval of a PUD-Specific Implementation Plan pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall contain all the information required for the General Development Plan review specified in this Section, except that the information shall be in final and detailed form. In addition, the applicant shall submit all other required plans for review and action.
  2. The application shall be submitted within twelve (12) months of approval of the PUD – General Development Plan. Failure to provide the PUD – Specific Implementation Plan within twelve (12) months of approval of the PUD – General Development Plan shall result in the automatic repeal of the previously approved PUD – General Development Plan.
  3. If required, a final plat, or a final plat of that segment to be developed, in compliance with this Ordinance, shall be submitted prior to issuance of the PUD – Specific Implementation Plan.
3. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the PUD – Specific Implementation Plan for substantial consistency with the approved PUD – General Development Plan. If the PUD – Specific Implementation Plan is consistent with the PUD – General Development Plan, then the Zoning Administrator or Designated Authorized Agent shall prepare a report and a recommendation to the Plan Commission that directs the Plan Commission to hold a public informational meeting or a public hearing to take their final action on the plan.
  3. If the PUD – Specific Implementation Plan is not consistent with the PUD – General Development Plan, then the Zoning Administrator or Designated Authorized Agent shall prepare a report to the Plan Commission that identifies the discrepancies and directs the Plan Commission to hold a public hearing pursuant to the public hearing requirements for the PUD – General Development Plan.
4. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. If the Zoning Administrator or Designated Authorized Agent’s report identifies that the PUD – Specific Implementation Plan is substantially consistent with the approved PUD – General Development Plan, then the Plan Commission (considering the approval criteria) shall hold a public informational meeting or a public hearing and make a recommendation to the Common Council to approve, approve with conditions, or deny the PUD – Specific Implementation Plan.
  2. If the Zoning Administrator or Designated Authorized Agent’s report identifies that the PUD – Specific Implementation Plan is substantially inconsistent with the approved PUD – General Development Plan, then the Plan Commission shall hold a public hearing pursuant to the public hearing requirements for the PUD – General Development Plan. Following the public hearing, the Plan Commission (considering the approval criteria) shall make a recommendation to the Common Council to approve, approve with conditions, or deny the PUD – Specific Implementation Plan.
5. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order another public hearing before the Common Council pursuant to Section 3.1, F., 2.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map and approving the PUD – Specific Implementation Plan unless the deadline for action is extended pursuant to The ordinance associated with the PUD – Specific Implementation Plan shall incorporate the Specific Implementation Plan, including any conditions or restrictions that may be imposed by the Common Council.
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a PUD – General Development Plan or a PUD – Specific Implementation Plan, the Plan Commission and Common Council shall consider the approval criteria for a Zoning Map Amendment as specified in Section 3.3: Zoning Map Amendment (Rezoning) as well as the following approval criteria with special consideration given to whether the plan would or would not be in the public interest:
1. Comprehensive Plan. Consistency with the City of Ashland Comprehensive Plan.
2. Consistency with this Ordinance. The extent to which the plan departs from the provisions of this Ordinance otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.
3. Provisions for services. The manner in which the plan does or does not make adequate provisions for public services and utilities, drainage, traffic and multiple modes of transportations, and recreational amenities.
4. Open space. The nature and extent of open space, the reliability and sufficiency of the proposal for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the densities proposed in the plan.
5. Effect on the neighborhood. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established.
6. Phasing. In the case of a plan that proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan.
7. Relationship to existing structures. In developed areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area.
Conditions that may be Attached to a PUD. The Common Council may attach any conditions to the approval of a PUD – General Development Plan and/or the approval of a PUD – Specific Implementation Plan that it deems necessary to address any of the following conditions or other applicable conditions not herein listed:
1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
2. Control the sequence of development, including when it must be commenced and completed;
3. Control the duration of use of development and the time within which any structures must be removed;
4. Ensure that development, open spaces, private roads and utilities are maintained properly in the future;
5. Designate the exact location and nature of development; and
6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
Effect of the PUD – Specific Implementation Plan Approval. The approved PUD – Specific Implementation Plan, together with the conditions and restrictions imposed by the Common Council, shall constitute the final zoning for the subject property. The zoning provisions applicable to the underlying zoning district shall continue to be applicable where consistent with the approved PUD – Specific Implementation Plan.
Building Permit Restrictions. Development permits and building permits for a Planned Unit Development shall not be issued until the PUD – Specific Implementation Plan is approved by the Common Council. No building permit shall be issued for any structure within the PUD – Specific Implementation Plan District until the Zoning Administrator or Designated Authorized Agent certifies that it conforms to the provisions of the PUD – Specific Implementation Plan and all other applicable provisions of this Ordinance.
Changes or Alterations to an Approved PUD – Specific Implementation Plan. Any change of the PUD – General Development Plan or the PUD – Specific Implementation Plan prior to approval of the PUD – Specific Implementation Plan shall be submitted to the Zoning Administrator or Designated Authorized Agent. If the Zoning Administrator or Designated Authorized Agent determines that the change constitutes a substantial modification, the applicant or developer will be required to amend the PUD – Specific Implementation Plan, and if necessary, the PUD – General Development Plan, following the review procedures set forth in this Section. If in the opinion of the Zoning Administrator or Designated Authorized Agent, such changes do not constitute a substantial alteration of either the PUD – General Development Plan or the PUD – Specific Implementation Plan, the change may be accomplished by approval of the Zoning Administrator or Designated Authorized Agent. Such approved changes or modifications shall be documented and recorded in the official file of the City on the Planned Unit Development.
Expiration. Unless specified otherwise in an approved PUD agreement, if substantial development progress has not occurred within twelve (12) months of a PUD – Specific Implementation Plan approval, the PUD – General Development Plan and PUD – Specific Implementation Plan approval shall be void and the site zoning will revert to its previous zoning district classification. An extension may be granted by the Common Council.

3.9 Conditional Use Permit

Applicability.
1. General applicability. A conditional use permit is required for development that would generally not be appropriate within a district, but might be allowed within certain locations within the district if specific requirements are met. The compatibility must be judged on the basis of the particular circumstances and may require the imposing of conditions before development or occupancy is permitted. The intent is to allow a reasonable degree of discretion in determining the suitability of a particular development at a specific location.
Review Process.
1. Pre-application meeting. If a proposed development requires the issuance of a conditional use permit, then the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a conditional use permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council shall review the request, the Plan Commission’s recommendation, and the approval criteria and take action to approve, approve with conditions, or deny the request unless the deadline for action is extended pursuant to
  3. A conditional use permit may be approved by an affirmative vote of a simple majority of the Common Council.
7. Effective date of conditional use permit.
  1. The Planning and Development office shall provide notice to the applicant within five business days of the approval of an application by the Common Council. The applicant shall be required to sign a copy of the resolution approving the conditional use permit, indicating the applicant’s understanding and acceptance of the conditions contained therein. The conditional use permit shall be effective upon the applicant’s signature.
  2. In this section, “provide notice” means to inform the applicant in person, by telephone, by email, or to place in the United States mail, with adequate first-class postage affixed, using the phone number, email address, or mailing address provided by the applicant on the application.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a request for issuance of a conditional use permit, the Plan Commission and the Common Council shall consider all relevant factors specified in other sections of this Ordinance, including standards for specific requirements for certain land uses and activities. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the city, the city shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the application and all requirements and conditions established by the city are or shall be satisfied. The decision to approve or deny the permit must be based on substantial evidence. In addition, the following approval criteria shall apply:
1. Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City of Ashland Comprehensive Plan.
2. Compatibility. The compatibility of the proposed use with existing development within two hundred (200) feet of the proposed use and within five hundred (500) feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.
3. Importance of services to the community. The importance of the services provided by the proposed facility to the community, if any, and the requirements of the facility for certain locations, if any, and without undue inconvenience to the developer, and the availability of alternative locations equally suitable.
4. Neighborhood protections. The sufficiency of terms and conditions proposed to protect and maintain the uses in the surrounding neighborhood.
5. Conformance with other requirements of this Ordinance. The conformance of the proposed development with all provisions of this Ordinance.
6. Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Plan Commission or the Common Council feels are necessary for review in order to make an informed and just decision.
Conditions that may be Attached to Conditional Use Permit. The Common Council may attach any conditions to the approval of a conditional use permit that it deems necessary to address any of the following conditions or other applicable conditions not herein listed. Conditions as to the permit’s duration, transfer, or renewal may also be included. All conditions must be reasonable and, to the extent practicable, measurable. Any condition imposed must be related to the purpose of the evidence and be based on substantial evidence.
1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
2. Control the sequence of development, including when it must be commenced and completed;
3. Control the duration of use of development and the time within which any structures must be removed;
4. Ensure that development is maintained properly in the future;
5. Designate the exact location and nature of development; and
6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
Conditional Use Permit Void.
1. In any case where the holder of a conditional use permit issued under this ordinance has not instituted the use or begun construction within one year of the date of approval, the permit shall be null and void.
2. Any use, for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity with this ordinance.
Revisions to an Approved Conditional Use Permit. Revisions to an approved conditional use permit shall follow the same procedure stated in Section 3.9 Conditional Use Permit, Subsections A. – D.
Definition. “Substantial evidence” as used in this Section means facts and information, other than mere personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

3.10 Variance

Applicability. The Zoning Board of Appeals shall have the authority to hear and grant requests for area variances and use variances from the provisions of this Ordinance, except as otherwise specified in this Ordinance.
Review Process.
1. Pre-application meeting. If a proposed development requires the approval of a variance, then the property owner or their designated agent is encouraged to request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a variance may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
6. Review the application, considering the approval criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
8. Within ninety (90) days of the City’s receipt of a complete application, the Zoning Board of Appeals shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section unless the deadline for action is extended pursuant to In granting any provision under this Section, the Zoning Board of Appeals shall designate such conditions that will secure substantially the objectives of the regulations or provisions in the application of which the variance is granted as to light, access to direct sunlight for solar energy systems, air, character of the neighborhood, conformity to the Comprehensive Plan, and, generally, the public health, safety, comfort, convenience, and general welfare.
9. Approval or approval with conditions shall require an affirmative vote of four (4) or more of the members of the Zoning Board of Appeals.
Approval Criteria.
1. Area variance. No area variance from the provisions of this Ordinance shall be authorized unless all of the following facts and conditions exist:
  1. Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.
2. Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.
3. Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, including, but not limited to, the use of solar energy systems. .
4. Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
5. General nature. No variance shall be authorized unless the Zoning Board of Appeals specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.
6. Minimum variance required. The Zoning Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Zoning Board of Appeals shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.
7. Unnecessary hardship. No variance shall be granted unless the property owner can show that compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restriction unnecessarily burdensome. Furthermore, no variance shall be granted unless the property owner can show that the condition causing such unnecessary hardship is unique to the property for which a variance has been applied. The unique condition is one that is not a condition in common with neighboring properties and relates not to the owner, but to the physical characteristics of the property, such as slope, soil type, or wetlands.
8. Use Variance. No use variance from the provisions of this Ordinance shall be authorized unless all of the conditions and facts exist:
  1. Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.
9. Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.
10. Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, including, but not limited to, the use of solar energy systems.
11. Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
12. General nature. No variance shall be authorized unless the Zoning Board of Appeals specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.
13. Minimum variance required. The Zoning Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Zoning Board of Appeals shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.
14. Unnecessary hardship. No variance shall be granted unless the property owner can show that without the requested variance, the property has no reasonable use of the property. No variance shall be granted unless can show that the condition preventing any reasonable use of the property is unique to the property for which the variance has been applied. The unique condition is one that is not a condition in common with neighboring properties and relates not to the owner, but to the physical characteristics of the property, such as slope, soil type, or wetlands.
Variance Granted Void. If the action authorized by a granted variance is not commenced or completed by the specified date in the Zoning Board of Appeals’ decision, the variance shall be null and void.

3.11 Appeal Of An Administrative Decision

Applicability.
1. General applicability. The Zoning Board of Appeals shall hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance. In exercising its authority under this Section, the Zoning Board of Appeals may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
2. Special procedures for appeal of certain administrative decisions. Due to the special requirements of specific zoning districts, appeals of administrative decisions relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay District. An appeal of an administrative decision relating to the Floodplain Overlay District shall be pursuant to Section 3.12: Appeals, Variances, and Boundary Disputes relating to the Floodplain Overlay District; and
3. Wetland Overlay District. An appeal of an administrative decision relating to the Wetland Overlay District shall be pursuant to Section 3.13: Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay District.
Review Process.
1. Initiation. Within thirty (30) days after the date of the administrative decision (unless specified otherwise elsewhere in this Ordinance), appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, or any officer, department, commission, or board of the City affected by the decision.
2. Pre-application meeting. The aggrieved person may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A request for an appeal of an administrative decision shall be made in writing to the Zoning Administrator or Designated Authorized Agent. The request shall provide sufficient information for the Zoning Board of Appeals to make an informed and just decision.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. After receipt of a request for an appeal of an administrative decision, the Zoning Administrator or Designated Authorized Agent shall review the evidence and make a report of the facts to the Zoning Board of Appeals; and
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
6. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
7. Within ninety (90) days of the City’s receipt of a complete application, the Zoning Board of Appeals shall consider the evidence and with an affirmative vote of four (4) or more members, may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official. The deadline for action may be extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
Approval Criteria. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.

3.12 Appeals, Variances, And Boundary Disputes In The Floodplain Overlay

Applicability. The Zoning Board of Appeals shall hear and decide the following as they relate to the Floodplain Overlay:
1. Appeal. An appeal of an administrative decision that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the provisions of the Floodplain Overlay.
2. Variance. Variance requests from the provisions of the Floodplain Overlay.
3. Boundary dispute. Resolution of floodplain boundary disputes.
Review Procedures.
1. Initiation. Initiation of an appeal of administrative decision (within thirty (30) days after the date of the administrative decision), variance, or boundary dispute resolution may be made upon application of the property owner or their designated agent.
2. Pre-application meeting. The property owner or their designated agent may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements. In addition to the noticing requirements specified in Section 3.1, F., a notice of the request shall be sent to the Regional Office of the Wisconsin Department of Natural Resources at least ten (10) days in advance of the public hearing; and
6. Review the application, considering the approval for criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
8. Within ninety (90) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to the Zoning Board of Appeals, with an affirmative vote of four (4) or more members, shall take action on any of the following as applicable:
  1. Appeal of an administrative decision. The Zoning Board of Appeals shall reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
  2. Variance. The Zoning Board of Appeals may make a finding of fact and shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section. When a floodplain variance is granted, the Zoning Board of Appeals or Designated Authorized Agent shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy of the notice shall be maintained with the variance record.
  3. Boundary Dispute. The Zoning Board of Appeals shall affirm the validity of the boundaries of the official floodplain map or may direct the Plan Commission and Common Council to amend the boundaries of the floodplain pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay District.
Approval Criteria.
1. Appeal. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.
2. Variance.
  1. The Zoning Board of Appeals may grant of variance from the provisions of the Floodplain Overlay pursuant to Section 3.10, C.: Variance - Approval Criteria. In addition, in order to approve a variance, an applicant must convincingly demonstrates the following:
    1. Literal enforcement of the provisions of the Floodplain Overlay will cause unnecessary hardship;
    2. The hardship is due to the adoption of the provisions of the Floodplain Overlay and unique property conditions, not common to the adjacent parcels or property. In such case the Ordinance and/or map must be amended pursuant to the procedures of this Ordinance;
    3. The variance is not contrary to the public interest; and
    4. The variance is consistent with the intent of the Floodplain Overlay.
3. In addition to the criteria above, to qualify for a variance under the Federal Emergency Management Agency (FEMA) regulations, the following criteria must be met:
  1. The variance may not cause any increase in the regional flood elevation;
  2. Variances can only be granted for parcels that are less than one-half acre and are contiguous to existing structures constructed below the regional flood elevation; and
  3. Variances shall only be granted upon showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risk to public safety or nuisances, shall not increase costs for rescue and relief efforts, and shall not be contrary to the intent of the Floodplain Overlay.
4. 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 that is self-created;
  4. Damage the rights or property values of other persons in the area;
  5. Allow actions without the amendments to this Ordinance or map(s) pursuant to the provisions of the Floodplain Overlay; and
  6. Allow any alteration of a historic structure, including its use, which would preclude its continued designation as an historic structure.
5. Boundary dispute.
  1. If a floodplain boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.
6. In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.

3.13 Appeals And Variances In The Wetland Overlay

Applicability. The Zoning Board of Appeals shall hear and decide the following as they relate to the Wetland Overlay:
1. Appeal. An appeal of an administrative decision that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the provisions of the Wetland Overlay. In exercising its authority under this Section, the Zoning Board of Appeals may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
2. Variance. Any variance from the provisions of the Wetland Overlay shall be permitted only after the approval of the Zoning Board of Appeals.
Review Procedures.
1. Initiation. Initiation of an appeal of administrative decision, or a request for a variance relating to the Wetland Overlay may be made upon application of the property owner or their designated agent.
2. Pre-application meeting. The property owner or their designated agent may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements. In addition to the noticing requirements specified in Section 3.1, F.: Public Hearing and Noticing Requirements, a notice of the request shall be sent to the Regional Office of the Wisconsin Department of Natural Resources at least ten (10) days in advance of the public hearing; and
6. Review the application, considering the approval for criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
8. Within ninety (90) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to the Zoning Board of Appeals, with an affirmative vote of four (4) or more members, shall take action on any of the following as applicable:
  1. Appeal of an administrative decision. The Zoning Board of Appeals shall reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
  2. Variance. The Zoning Board of Appeals shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section.
Approval Criteria.
1. Appeal. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.
2. Variance. The Zoning Board of Appeals may approve in specific cases, such variances from the terms of this Ordinance as shall not be contrary to the public interest, where owning to special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship. The approval criteria shall be as specified in Section 3.10, C.: Variance - Approval Criteria.

3.14 Discontinuance Or Vacation Of A Public Way

Applicability. By property owner petition or by a Common Council resolution, a public right-of-way may be discontinued or vacated in its entirety or in part pursuant to the provisions City of Ashland Ordinance 618 and Section 66.1003 of the Wisconsin Statutes.

3.15-3.19 (Reserved)

(Reserved for future applications requiring a public hearing.)

3.20 Site Plan Approval

Intent and Applicability.
1. Intent. The provisions of this Section are intended to establish appropriate procedure for development that has the potential to create moderate to significant impacts on areas surrounding the site or in the community. More specifically, site plan approval is required for the following reasons:
  1. Provide the Plan Commission with a clear understanding of the proposed development before construction is started;
2. Determine how the project relates to nearby land uses;
3. Ensure that the provisions of this Ordinance are fully complied with;
4. Ensure that the development can be adequately served by public utilities as may be required;
5. Determine the impact of the project on public facilities, such as streets, utilities, parks, schools, drainage, and other public services; and
6. Identify adverse environmental issues and develop appropriate plans to avoid, reduce or offset environmental impacts.
7. Applicability. Site plan approval is required for all development, except that the following shall not require site plan approval, but may require a development permit, building permit, and/or other applicable approvals as specified in this Ordinance. The Zoning Administrator or Designated Authorized Agent may require submittal of a site plan for approval by the Plan Commission if the proposed development activity has the potential of having a major impact on the property, neighboring parcels or the community.
  1. The development activities described in Section 3.1, B., 3.: General Types of Development – Exempt Activities.
  2. New, remodeled, or additions for single or two-family residential uses and accessory structures.
  3. Minor nonresidential development including but not limited to:
    1. Construction, reconstruction, or addition of a fence regulated under Section 6.5: Fences which is one hundred (100) linear feet in length feet or less and is eight feet or less in overall height.
    2. Construction of detached accessory structures one thousand (1000) square feet or less, or principal structure expansions 15% or less of the principal structure’s total area before the expansion.
    3. Handicap access/ramp.
    4. Grading, filling, or paving pursuant to Section 6.1, H.: Grading, Filling, and/or Excavation.
    5. Landscaping structures, raised beds and related enhancements added to existing lawful uses.
    6. Changes in the use of land and structures meeting other applicable criteria of this sub-paragraph and this ordinance.
  4. Other development activities that, in the judgment of the Zoning Administrator or Designated Authorized Agent, would have minimal impact on the site, its surroundings, and the broader community, and for which the City would not significantly benefit by having public review of the proposed development. Such development activities may include, but shall not be limited to a vestibule addition to an existing building, minor changes to the exterior of the building (for example, roofing, siding, additional doors, windows, or dormers), minor changes to parking and circulation, and similar types of development.
8. Further actions on the subject property. No person shall commence any use, erect any structure, obtain a development permit, or file a condominium plat with the Ashland County Register of Deeds without first obtaining site plan approval as set forth in this Section. No use shall be carried on and no structure erected or enlarged, except as shown upon an approved site plan.
Review Process.
1. Pre-application meeting. The property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting for any proposed development that is expected to have significant impact on areas surrounding the site or in the community.
2. Initiation. Initiation of site plan approval may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application for Site Plan Approval for sites with more than five thousand (5,000) square feet of proposed impervious surface shall be submitted with a digital copy of the full site plan set. The application shall include the following information as applicable or as directed by the Zoning Administrator or Designated Authorized Agent:
  1. Site plan. A site plan drawn to a scale not smaller than one inch equals one hundred feet (1” = 100’). The site plan shall be certified by a registered land surveyor, professional engineer, planner, or architect and shall show the following:
    1. The name, address, and telephone number of the owner, developer, and designer;
    2. A legal description of the site;
    3. The location and dimension of the site parcel lines. Adjacent parcel lines within one hundred (100) feet shall also be shown;
    4. All required setbacks. Indicate with a dashed line and label the required and proposed setback dimensions;
    5. All existing and proposed right-of-ways and public easements adjacent to and within the site. Label the widths of all right-of-ways and easements;
    6. All existing and proposed street improvements including streets, alleys, curbs, sidewalks, and trails. Identify connections to existing and proposed sidewalks and trails for pedestrian and bicycle circulation. Label proposed bicycle facilities and the widths of pedestrian facilities and other improvements;
    7. Existing and proposed driveways, parking spaces, and loading spaces. Indicate the direction of travel for one-way drives and inside radii for all curves. The dimensions of driveways and parking spaces shall be noted. The total number of parking spaces required and provided shall be listed. Identify areas for snow stacking and storage;
    8. The shape, size, location, height, and floor area of all structures, and the main and basement floor grades;
    9. Existing and proposed grades, drainage systems, and structures with topographic contours at intervals not exceeding two (2) feet;
    10. Natural features such as mature vegetation, wooded areas, drainage ways, wetlands, floodplains, streams, lakes, and ponds with indication as to which are to be retained an which removed or altered;
    11. All existing and proposed signage on the site;
    12. Existing or proposed septic systems, drain fields, tanks, and wells, if applicable; and
    13. Any additional information as required by the Zoning Administrator or Designated Authorized Agent, or the Plan Commission.
4. Vicinity plan. A vicinity plan showing the location of the site in relation to the street system and neighborhoods. Label the land uses and ownerships of adjacent properties.
5. Utilities plan.
  1. The size and location of all existing and proposed public and private utilities. Note which utilities are above ground and below ground.
  2. The anticipated resident population contained within the project or the number of employees anticipated to be generated by the project. The estimated daily volumes or use of public utilities by the project shall be identified.
  3. Provide calculations to determine the projected demand for water including the requested water meter size. Describe how new or existing mains will meet this projected demand.
  4. If new impervious surfaces will be added, provide storm water calculations to document that that the existing storm sewer can properly dispose of the increased flows. Show any onsite retention systems that will be utilized to control the influx into the storm sewer. Describe how any onsite retention systems will be maintained following project completion.
  5. Fire protection strategies showing a knox box, fire alarm system, standpipes, and other fire protection systems. For the Fire Department’s pre-fire planning of the site and structure’s layout, the applicant shall provide a digital copy (in a .dxf or .dwg format) of the following plans:
    1. Building Floor Plan Layout, including: exterior dimensions of the building; floor plan with room names & numbers identified (if applicable); doors; windows; stairways; location of hazardous materials storage areas; location of water utility service connection to the building; location of fire department connection, knox box, alarm panel, and annunciator panel.
    2. Building Elevations.
    3. Site Plan, including: adjacent streets; property boundaries; building footprints; parking areas; driveways/internal streets; location of natural gas and electric connections to the building; location of hazardous materials storage areas; location of water utility service line & connection to building; locations of fire department connection, knox box, alarm panel, and annunciator panel.
6. Landscaping, buffers, and screening. A landscape plan, illustrating the existing and proposed landscaping, shall be provided as specified in Section 6.4: Landscaping, Buffers, and Screening.
7. Architectural plans. These drawings and plans should show sufficient detail to indicate the architectural design of the proposed buildings, but all design and construction details are not required at this stage.
  1. Architectural renderings and general floor plans shall be provided for all new buildings.
  2. Show all existing and proposed exterior building lighting and signs.
  3. Indicate existing and proposed materials and colors.
8. Lighting plan. A lighting plan showing the lighting of parking areas, walkways, driveways, and onsite security lighting shall be provided. If the project is adjacent to residential uses, the method of shielding light from the residential properties and the intensity of light levels around the site and at the parcel lines shall be provided.
9. Additional information. Provide an erosion control plan, phasing plan, economic impact statement, and all other information as determined by the Plan Commission, Zoning Administrator, or Designated Authorized Agent necessary to accomplish compliance with this Ordinance and other applicable laws and regulations.
10. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
11. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices; and
12. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
13. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices.
14. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for site plan approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
15. Approval or approval with conditions of a site plan shall require an affirmative vote of the majority of the entire Plan Commission.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a request for site plan approval, the Plan Commission shall consider all relevant factors specified in all applicable sections of this Ordinance, including standards for specific requirements for certain land uses and activities. In addition, the following approval criteria shall apply:
1. Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City of Ashland Comprehensive Plan.
2. Project compatibility. The compatibility of the proposed use with existing development within two hundred (200) feet of the proposed use and within five hundred (500) feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.
3. Site design.
  1. Site organization. The organization of buildings, driveways, parking areas, open spaces, pedestrian facilities, landscaping, fences, lights, signs, and other structures should achieve a functional, safe, and harmonious site relationship. At the same time, the site organization should be compatible with existing positive characteristics of the site.
4. Location of buildings. The setback of buildings from streets, the spacing between buildings, and arrangement of buildings shall be considered in relation to the prevailing development in the area.
5. Drives, parking, and circulation. Special attention shall be given to limiting the number of vehicular access points and their location, general onsite vehicular circulation, separation of pedestrian and vehicular traffic flows, and the arrangement of parking areas that are safe and convenient. The screening and landscaping of parking lots shall be addressed to minimize the visual impacts. Provisions for adequately addressing pedestrian access, handicapped accessibility, bicycles, and transit shall be considered as appropriate.
6. Grading and drainage. The existing and proposed grades and drainage patterns are to be reviewed to ensure that proper storm water drainage can occur.
7. Utility service. The installation of underground electric, telephone, and other utilities is encouraged wherever feasible. Remaining above ground utilities should be designed to have a harmonious relationship to neighboring properties and the site.
8. Views. Important views within the site and the immediate area as well as more distant scenic vistas shall be protected and enhanced with the new development.
9. Environmental issues. Issues pertaining to floodplains, wetlands, mature vegetation, and other sensitive environmental issues shall be thoroughly investigated as part of the site design.
10. Landscaping. The landscape shall be preserved in a natural state insofar as practicable be minimizing tree and soil removal. Grade changes shall be in keeping with the general appearance of the neighborhood area. Plant species and composition should be consistent with the City’s goals of urban forest management including preferred and prohibited species, and be compatible to the buildings on the site.
11. Signs. The size, location, design, color, texture, lighting, and materials of all signage shall be complimentary to the buildings on the site.
12. Lighting. All lighting shall be designed to avoid excessive illumination onto adjacent properties and public rights-of-way.
13. Building design. All buildings shall be designed to be compatible with existing adjacent structures. Factors to be reviewed include, but shall not be limited to, building heights, exterior materials, and building forms including roof shapes and pitches. Refer to Section 6.2: General Building and Site Design Guidelines.
14. Principles of sustainability. The building and site are generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability, when considered as a whole.
15. Failure to perform. No applicant or applicant related to said applicant shall be permitted to apply for, or be granted a building permit or site plan approval, so long as the applicant is in non-compliance with a previously issued building permit or previously approved site plan, whether or not the parcel, which is the subject of the new application, is the same or different from the site where the violations exist. The City may waive the provisions of this paragraph upon mutual written agreement between the applicant and the City.
16. Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Plan Commission feels are necessary for review in order to make an informed and just decision.

3.22 Historic Preservation Certificate Of Appropriateness

Applicability. The issuance of a historic preservation certificate of appropriateness is intended to ensure that the City of Ashland adequately safeguards its historic and cultural heritage as embodied and reflected in its designated historic structures, sites, and districts.

City of Ashland Ordinance 826 identified the process for the issuance of a historic preservation certificate of appropriateness.

3.23 Preliminary Plat

Applicability. Preliminary plat approval shall be required for any division of land or platting activity as described in Section 9.1: General Provisions of Land Divisions.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring the approval of a preliminary plat is encouraged to request a pre-application meeting with the Zoning Administrator, Public Works Director, or Designated Authorized Agent (and the Plan Commission, if beneficial) pursuant to the procedures described in Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting allows the owner to receive general feedback as to how the proposed preliminary plat is (or is not) in compliance with this Ordinance. The meeting also allows the owner to receive general information about the types and details of improvements that are required to be installed by and at the owner’s expense. Refer to Section 9.2, B.: Pre-application Meeting for Land Divisions, for submittal requirements.
2. Initiation. Initiation of a preliminary plat may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall include all the required information specified in Section 9.2, C.: Preliminary Plat.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Pursuant to Section 236.12 of the Wisconsin Statutes, submit the application to the required state agencies and the City Water and Wastewater Superintendent, the Fire Chief, the Police Chief, the Public Works Director, and the City Engineer for their review and comment;
6. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
7. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
8. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
9. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for preliminary plat approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
10. Approval or approval with conditions of a preliminary plat shall require an affirmative vote of the majority of the entire Plan Commission.
11. Approval of the preliminary plat is acceptance of the general layout and indicates to the applicant that he or she may proceed with fulfilling the necessary steps for approval of the final plat in accordance with the terms of approval. Such approval does not constitute approval of the final plat.
Approval Criteria. A preliminary plat shall be approved if it meets all of the following criteria:
1. The application is complete and the information contained within the application is correct and sufficient to allow adequate review and final action;
2. The preliminary plat is consistent with all applicable provisions of this Ordinance and state law;
3. The preliminary plat is consistent with the City’s Comprehensive Plan and any other adopted plans and standards as they relate to the following:
  1. The City’s current and future streets, sidewalks, bike lanes, alleys, parks, and public utility facilities; and
4. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer, water and storm water mains and the instrumentality of public utilities;
5. The preliminary plat promotes public health, safety, and general welfare; furthers the orderly layout and use of land; provides a balanced density of land, provides beneficial street layout and traffic flows; provides for adequate light and air; facilitates adequate provisions for water, sewerage, storm water management, and other public requirements; provides for proper ingress and egress; and promotes proper monumenting of land subdivided and conveyancing by accurate legal descriptions;
6. The tract of land subject to the application is adequately served by public improvements and infrastructure (as required by this Ordinance), or will be adequately served upon completion by the applicant of required improvements; and
7. Where applicable, each preliminary plat shall include a schedule for phasing of improvements.

3.24 Final Plat

Applicability. Final plat approval shall be required within six (6) months of the last required approval of the preliminary plat. The final plat is essentially a complete version of the previously approved preliminary plat incorporating all the required changes and the final engineering diagrams and descriptions.
Review Process.
1. Optional pre-application meeting. The property owner or their designated agent may meet with the Zoning Administrator or Designated Authorized Agent to review the final plat requirements prior to submitting an application.
2. Initiation. Initiation of a final plat may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall include all the required information specified in Section 9.2, D.: Final Plat.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Pursuant to Section 236.12 of the Wisconsin Statutes, submit the application to the required state agencies and the City Water and Wastewater Superintendent, the Fire Chief, the Police Chief, the Public Works Director, and the City Engineer for their review and comment;
6. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
7. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
8. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
9. Following the public informational meeting, take action to recommend that the Common Council approve, approve with conditions, or deny the request for final plat approval based on the approval criteria specified in this Section.
10. Common Council final action. The Common Council shall complete the following tasks:
  1. Within sixty (60) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action), the Common Council shall review the recommendations of the Plan Commission and others, and considering the approval criteria, approve or deny the final plat.
11. Approval of the final plat shall require an affirmative vote of the majority of the entire Common Council.
Approval Criteria. A final plat shall be approved if it meets all of the following criteria:
1. The application is complete and the information contained within the application is correct and sufficient to allow adequate review and final action; and
2. The final plat must be consistent with the approved preliminary plat and all of the approval criteria of the preliminary plat.

3.25 Public Art Permit

Applicability. It shall be unlawful for any person to erect, construct, enlarge, relocate, or structurally modify public art or cause the same to be done in the City of Ashland without first obtaining a public art permit pursuant to this Section and Section 5.6 I.: Public Art.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a public art permit may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a public art permit.
2. Initiation. Initiation of a public art permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the public art owner, the property owner where the public art is or shall be located, and the artist or contractor of the proposed public art.
4. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, and the location of the proposed public art and any existing public art on the parcel.
5. Calculations or evidence showing that the structure and design comply with the provisions of Section 5.6 I.: Public Art.
6. Evidence of liability insurance policy or bond as required herein.
7. A Historic Preservation Certificate of Appropriateness and/or approval from the Mural Art Walk Committee, if required.
8. Such other information as the Zoning Administrator or Designated Authorized Agent may require showing full compliance with the provisions of this Ordinance.
9. Signature of the applicant.
10. Payment of all required fees.
11. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
12. Review the application, considering the criteria for approval, and submit the application to other City Staff for their review and comment as necessary or desired.
13. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices.
14. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for public art approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a public art permit when the permit application is properly made, all appropriate fees have been paid, approval has been granted by the Plan Commission and the public art complies with the applicable provisions of this Ordinance.

3.26-3.29 (Reserved)

(Reserved for future applications requiring a public informational meeting.)

3.31 Development Permit

Applicability. All development activities within the City of Ashland, as defined pursuant to Section 3.1, B., 2.: Development Defined, shall be conducted in accordance with the provisions of this Ordinance and only after a development permit is issued pursuant to the provisions of this Section.
General Provisions.
1. Effect of a development permit. The issuance of a development permit authorizes the applicant to commence development immediately upon the giving of notice by the City, but subject to any lawful conditions attached by the Common Council, the Plan Commission, the Zoning Board of Appeals, or Authorized Agents of the City. A development permit does not authorize occupancy.
2. Expiration of a development permit. If the work described in any development permit has not begun within six (6) months from the date of issuance, such permit shall expire. If the work had begun, but the work lied idle for a period of six (6) months or more the permit shall be void. An extension may be granted in writing by the Zoning Administrator or Designated Authorized Agent, if the work has not been substantially completed, as determined by the Zoning Administrator or Designated Authorized Agent, within one (1) year of the date of the permit issuance. A development permit may be extended for an additional six (6) months by the Zoning Administrator or Designated Authorized Agent due to weather related factors. No further work shall proceed where a development permit has expired or is void unless an extension is given or a new development permit has been issued.
3. Demolition. In the event that the work described in the development permit has begun, but has not been substantially completed within one (1) year of the date of issuance of a development permit, or if work has begun without a permit, then the Zoning Administrator or Designated Authorized Agent may order demolition of partially completed work.
4. Development permits must conform to be valid. All officials and employees of the City vested with the duty or authority to issue permits or licenses shall comply with the provisions of this Ordinance and shall not issue a permit or license for any uses, building, or purpose in conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the provisions of this Ordinance shall be null and void and of no effect whatever.
Review Process.
1. Pre-application meeting. The property owner or their designated agent may meet with the Zoning Administrator or Designated Authorized Agent prior to submitting an application for a development permit to review the permitting procedures and the Ordinances.
2. Initiation. An application for a development permit may be initiated by a property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent, pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Staff review and final action. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Within thirty (30) days of the date that a complete application is filed, considering the approval criteria, the Zoning Administrator or Designated Authorized Agent shall issue the development permit (with or without conditions) or notify the applicant in writing of his or her refusal to issue the development permit and the reasons thereof.
6. The Zoning Administrator or Designated Authorized Agent may attach to the development permit conditions relating to the following:
  1. Compliance with the plans and specifications submitted by the developer to the Zoning Administrator or Designated Authorized Agent;
  2. Time within which the development must be commenced or completed; and
  3. Protective measures that a developer must undertake for the benefit of neighboring property, such as the construction of fencing or the establishment of buffer areas.
7. One copy of the plans submitted with the application shall be returned to the applicant when such plans have been approved, together with any conditions of such approval, the signature of the Zoning Administrator or Designated Authorized Agent, and any development permit as may be granted. One copy of the plans, similarly marked, shall be retained by the Zoning Administrator or Designated Authorized Agent as a permanent record or until such time as the development no longer occupies the subject parcel.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a development permit if he or she finds that the development for which the development permit is sought constitutes a general development permitted by this Ordinance and consistent with the provisions of this Ordinance or a conditional development that was approved by the applicable approval body.

3.32 Building Permit

Applicability.
1. No building or structure or any part thereof shall hereafter be built, enlarged, altered, moved, or demolished, or any plumbing or electrical work commenced within the City of Ashland, except as exempted in Section 3.1, B., 3.: Exempt Activities or as exempted in this Section unless a building permit is first obtained from the Building Inspector or Designated Authorized Agent.
2. To the extent feasible, all police officers or other Authorized Agents of the City shall report at once to the Building Inspector or Designated Authorized Agent any building that they have been made aware of that is being erected, altered, moved, or wrecked without a building permit as required by this Ordinance.
3. It shall be unlawful to commence work on any building before a building permit has been issued as required by this Ordinance.
4. A building permit may not be required for exterior repairs or minor alterations that do not change the area, structural strength, or level of occupancy, fire protection, light, or ventilation, or the number of exits, or where the cost of repairs does not exceed the amount identified in the City of Ashland’s Comprehensive Fee Schedule.
5. Interior repair projects not exceeding the amount identified in the City of Ashland Comprehensive Fee Schedule shall not require a building permit. The cost of furniture and removable equipment/fixture shall not be included in the project cost.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a building permit may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a building permit.
2. Initiation. Initiation of a building permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Staff review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a building permit.
Approval Criteria. If the Building Inspector or Designated Authorized Agent finds that the proposed development complies with all applicable provisions of this Ordinance and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and shall issue a building permit, which shall be posted at the building site in a manner visible from the street.
Applicant’s Responsibilities.
1. No work for which a building permit is required shall be commenced until the building permit and all other applicable permits are issued.
2. Permit fees shall be doubled for all work commenced prior to the issuance of a permit.
3. New commercial projects may require periodic inspections by a State certified commercial building inspector.
4. The applicant shall request the required inspections associated with the building permit at the appropriate times. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Construction shall not proceed beyond the point of inspection until the inspection has been completed.
5. Before the building can be occupied, the applicant shall request the final inspection and the issuance of a certificate of occupancy as required.

3.33 Demolition Permit

Applicability. No building, structure, or part thereof (as determined by the Building Inspector or Designated Authorized Agent), shall be removed, razed or demolished without prior approval and/or a demolition permit. Any building or structure, or part thereof, to be moved to a new location shall require a permit pursuant to Section 3.34: Permit to Move a Building or Structure.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a demolition permit may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a demolition permit.
2. Initiation. Initiation of a demolition permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to the Zoning Administrator, Public Works Director, Fire Chief, Police Chief and other Designated Authorized Agents, and other government agencies for their review and comment as necessary or desired.
6. The Building Inspector or Designated Authorized Agent may require an application for demolition be reviewed and approved by the Plan Commission, if the proposed demolition will impact or has the potential to impact neighboring properties or City infrastructure.
7. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a demolition permit.
Approval Criteria. If the Building Inspector or Designated Authorized Agent finds that the proposed demolition complies with all applicable provisions of this Ordinance, including all applicable standards in Section 6.1, J.: Demolition and Moving of a Structure, and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and issue a demolition permit, which shall be posted at the building site in a manner visible from the street. A copy of the approved demolition permit shall be provided to the Police, Fire, Public Works and Planning & Development Departments. A copy of the permit may be provided to other governmental agencies or departments if applicable.
Applicants Responsibilities.
1. No work for which a demolition permit is required shall be commenced until the demolition permit and all other applicable permits are issued. If approvals or permits are required by other governmental agencies or departments, a letter of approval or a copy of the permits shall be provided to the Building Inspector or Designated Authorized Agent prior to issuance of a demolition permit.
2. Permit fees shall be doubled for any work commenced prior to the issuance of a permit.
3. The applicant shall request the required inspections associated with the demolition permit at the appropriate times, including inspections for properly abandoning utilities. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Demolition shall not proceed beyond the point of inspection until the inspection has been completed.

3.34 Permit To Move A Building Or Structure

Applicability. No building, structure, or part thereof (as determined by the Building Inspector or Designated Authorized Agent), shall be moved without prior approval and/or a permit to move a building or structure. Any building or structure, or part thereof, to be removed, razed or demolished shall require a demolition permit pursuant to Section 3.33: Demolition Permit.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a permit to move a building or structure may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining the permit.
2. Initiation. Initiation of a permit to move a building or structure may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to the Zoning Administrator, Public Works Director, Fire Chief, Police Chief or Designated Authorized Agents, and other government agencies for their review and comment as necessary or desired.
6. The Building Inspector or Designated Authorized Agent may require the application to move a building or structure be reviewed and approved by the Plan Commission, if the proposed relocation will impact or has the potential to impact neighboring properties or City infrastructure at the existing site or the proposed new location.
7. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a permit to move a building or structure.
Approval Criteria.
1. If the Building Inspector or Designated Authorized Agent finds that the proposed development complies with all applicable provisions of this Ordinance, including all applicable standards in Section 6.1, J.: Demolition and Moving of a Structure, and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and shall issue a permit to move a building or structure, which shall be posted in a manner visible from the street in the following locations:
  1. At the existing site of the building or structure to be moved;
2. On the building or structure, or in a location accessible for viewing by local or state officials while in transit; and
3. At the proposed final location, if the building or structure is to be located within the City of Ashland.
  
  A copy of the approved permit to move a building or structure shall be provided to the Police, Fire, Public Works and Planning & Development Departments. A copy of the permit may be provided to other governmental agencies or departments if applicable.
Applicants Responsibilities.
1. No work for which a permit is required shall be commenced until the permit to move a building or structure and all other applicable permits are issued. If approvals or permits are required by other governmental agencies or departments, a letter of approval or a copy of the permits shall be provided to the Building Inspector or Designated Authorized Agent.
2. Permit fees shall be double for any work commenced prior to the issuance of a permit.
3. The applicant shall request the required inspections associated with the permit at the appropriate times, including inspection for properly abandoning utilities. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Construction shall not proceed beyond the point of inspection until the inspection has been completed.
4. Before any building or structure to be located in the City of Ashland can be occupied, the applicant shall request the final inspection and the issuance of a certificate of occupancy as required.

3.35 Certificate Of Occupancy

Intent. The issuance of a certificate of occupancy is intended to ensure that new or expanded uses of a structure or site, as well as alterations of an existing structure or site, comply with all applicable provisions of this Ordinance and other applicable regulations of the City. A certificate of occupancy is also intended to provide the City with a record of each new or expanded use of a structure or site in Ashland.
Applicability. It shall be unlawful to use, occupy, or permit the occupancy of any new or expanded uses of a structure and/or site, as well as alterations of an existing structure or site, until the Building Inspector or Designated Authorized Agent of the City issues a certificate of occupancy for the use. Permanent connection of any building to any City of Ashland utility shall be prohibited without the issuance of a certificate of occupancy.
Review Process.
1. Application. Every application for a building permit shall be deemed an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use or change in use of land or building shall be made directly to Building Inspector or Designated Authorized Agent. When a certificate of occupancy is required pursuant to this Ordinance, the property owner or their designated agent shall request issuance of a certificate of occupancy from the Building Inspector, or Designated Authorized Agent when the subject work is complete (or substantially complete) and ready for occupancy or use.
2. Approval criteria. The Building Inspector, or Designated Authorized Agent shall review the work and issue a certificate of occupancy if the work complies with the applicable provisions of this Ordinance and all other applicable City ordinances, all City building, housing, and health laws, and any applicable conditions of approval that may have been required pursuant to the development and approval process. Any lawful conditions of occupancy shall be attached to or referred to on the certificate of occupancy.
3. Record keeping. The Building Inspector, or Designated Authorized Agent shall maintain records of all certificates of occupancy and a copy shall be furnished upon request to any person upon payment of a reasonable fee to cover the City’s cost related to the request.
Temporary Certificate of Occupancy.
1. Approval criteria. The Building Inspector or Designated Authorized Agent may issue a temporary certificate of occupancy for a period not to exceed six (6) months during alteration or partial occupancy of a building, or pending its completion. Such temporary certificate of occupancy shall not be construed as in any way altering the respective rights, duties, or obligations of the property owner or the City, and shall not be issued except under such restrictions as needed to adequately ensure the safety of the occupants. The temporary certificate of occupancy shall only be issued for weather delays or other circumstances beyond the control of the property owner as determined by the Building Inspector, or Designated Authorized Agent.
2. Acceptance. Acceptance of a temporary certificate of occupancy implies consent to application of the financial guarantee to make completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied, but no action or inaction by the City in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy, or excuse any violation of this Ordinance. Any utility connection existing during the time of the temporary certificate of compliance shall terminate with the temporary certificate of occupancy.
3. Extension. The Building Inspector or Designated Authorized Agent may extend the time of a temporary certificate of occupancy for good cause. Such extension shall extend for the same period, the time for completion under the terms of any required bond.
Applicant’s Responsibilities. It shall be the applicant’s responsibility to request a final inspection and issuance of a certificate of occupancy.

3.36 Sign Permit

Applicability. It shall be unlawful for any person to erect, construct, enlarge, relocate, or structurally modify a sign or cause the same to be done in the City of Ashland without first obtaining a sign permit for each such sign pursuant to this Section and Section 6.6: Signs.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a sign permit may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a sign permit.
2. Initiation. Initiation of a sign permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the sign owner, the property owner where the sign is or shall be located, and the sign contractor of the proposed sign.
4. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, and the location of the proposed sign and any existing signs on the parcel.
5. Calculations or evidence showing that the structure and design comply with the provisions of Section 6.6: Signs.
6. Evidence of liability insurance policy or bond as required herein.
7. Such other information as the Zoning Administrator or Designated Authorized Agent may require to show full compliance with the provisions of this Ordinance.
8. Signature of the applicant.
9. Payment of all required fees.
10. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
11. Review the application, considering the criteria for approval, and submit the application to other City Staff for their review and comment as necessary or desired.
12. Staff final action. Within fifteen (15) working days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a sign permit. If a sign permit is denied, within fifteen (15) working days of the denial, the Zoning Administrator or Designated Authorized Agent shall set forth in writing the reasons for the denial.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a sign permit when the permit application is properly made, all appropriate fees have been paid, and the sign complies with the applicable provisions of this Ordinance.

3.37 Bed And Breakfast Establishment Permit

Applicability. The development, operation, or management of a bed and breakfast establishment requires the issuance of a bed and breakfast establishment permit pursuant to this Section and may require a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, considering developing a bed and breakfast establishment is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable City Staff and government agencies, pursuant to the procedures described in Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a request for a bed and breakfast establishment permit may be made upon application of the property owner or their designated agent and may be made simultaneously with the required application for a conditional use permit.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Upon satisfactory review of the application and, if required, upon approval of a conditional use permit for the bed and breakfast establishment, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of bed and breakfast establishment permit.
Approval Criteria. A bed and breakfast establishment permit shall be approved if it meets all of the following criteria:
1. A conditional use permit, if required, has been approved;
2. The bed and breakfast establishment is consistent with all conditions of the approved conditional use permit, if required; and
3. The bed and breakfast establishment meets all applicable provisions of this Ordinance and applicable provisions set forth in Chapter DHS 195 of the Wisconsin Administrative Code or Chapter DHS 197 of the Wisconsin Administrative Code.
Termination of Permit. A bed and breakfast establishment permit shall be void upon the sale or transfer of the property ownership. A permit issued in accordance with this Section shall be valid until terminated by action of the Zoning Administrator or Designated Authorized Agent for violation of the provisions of this Ordinance or violations of the provisions set forth in Chapter DHS 195 of the Wisconsin Administrative Code or Chapter DHS 197 of the Wisconsin Administrative Code.

3.38 Floodplain Certificate Of Compliance

Applicability. No land in the Floodplain Overlay District as specified in Section 4.50: F-O Floodplain Overlay District, shall be occupied or used, and no building that is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a Floodplain Certificate of Compliance is issued by the Zoning Administrator or Designated Authorized Agent, except where no development permit or building permit is required by this Ordinance.
Review Process.
1. Initiation. An application for a Floodplain Certificate of Compliance may be initiated by a property owner or their designated agent, concurrently with an application of a development permit.
2. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent, pursuant to Section 3.1, D., 2.: Application Forms and Fees.
3. Staff review and final action. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
4. Review the application, considering the approval criteria, and if all of the provisions of the Floodplain Overlay District are met, the Floodplain Certificate of Compliance shall be issued within thirty (30) days after written notification from the applicant that the permitted work is completed.
Approval Criteria. Approval of a Floodplain Certificate of Compliance shall be in accordance with the provisions specified in Section 4.50: F-O Floodplain Overlay District.
Additional Approvals. Approval of a Floodplain Certificate of Compliance signifies the application’s compliance with the provisions of the Floodplain Overlay District. Such approval shall not relieve the applicant from obtaining any other approvals that may be necessary for the proposed development including, but not limited to, those required by the United States Army Corp of Engineers under Section 404 of the Federal Water Pollution Control Act (Clean Water Act).

3.39 Certified Survey Map Without Public Dedication

Applicability. Whenever a division of land is proposed, but an insufficient number of parcels or parcels of size such that a platted subdivision is not required by Section 9.1, C.: Types of Land Division, in lieu of a platted subdivision, such division of land shall be accomplished by a certified survey map in compliance with the provisions of Section 236.34 of the Wisconsin Statutes and this Ordinance. If the proposed certified survey map does not involve dedications to the public, the certified survey map may, at the discretion of the Zoning Administrator or Designated Authorized Agent, be reviewed and approved administratively pursuant to this Section. If the proposed certified survey map involves dedication to the public, it shall be reviewed by the Plan Commission and approved by the Common Council following the general procedures relating to plat review and approval.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, of a proposed division of land that is intended to be accomplished by a certified survey map may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent and other applicable City Staff, to review the proposed division of land and clarify the requirements for obtaining approval of a certified survey map.
2. Initiation. Initiation of a certified survey map may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and the required information specified in Section 9.2, E.: Certified Survey Map.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of a certified survey map.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall approve a certified survey map when the application is properly made, all appropriate fees have been paid, and the certified survey map complies with the applicable provisions of this Ordinance and state law.

3.40 Erosion And Sediment Control Plan

Applicability. No land disturbing construction activity as specified in Section 8.2, A., 4: Applicability shall commence without receiving prior approval of an erosion and sediment control plan for the site and all other applicable approvals and permits.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, on any site on which land disturbing construction activity is proposed to occur is encouraged to request a pre-application meeting with the Public Works Director or Designated Authorized Agent to review the proposed land disturbing construction activity and clarify the requirements for receiving the necessary approvals.
2. Initiation. Initiation of an erosion and sediment control plan may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Public Works Director or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include all the required information specified in Section 8.2, D.: Erosion and Sediment Control Plan and Permitting Requirements.
4. Staff review. The Public Works Director or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Public Works Director or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of the erosion and sediment control plan.
Approval Criteria. The Public Works Director or Designated Authorized Agent shall approve an erosion and sediment control plan when the application is properly made, all appropriate fees have been paid, and the erosion and sediment control plan complies with the applicable provisions as specified in Section 8.2: Construction Site Erosion Control (and elsewhere in this Ordinance) and state law.

3.41 Storm Water Management Plan

Applicability. No land disturbing construction activity as specified in Section 8.3, A., 4: Applicability shall commence without receiving prior approval of a storm water management plan for the site and all other applicable approvals and permits.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, on any site on which land disturbing construction activity is proposed to occur is encouraged to request a pre-application meeting with the Public Works Director or Designated Authorized Agent to review the proposed land disturbing construction activity and clarify the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a storm water management plan may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Public Works Director or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include all the required information specified in Section 8.3, D.: Storm Water Management Plan and Permitting Requirements.
4. Staff review. The Public Works Director or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Public Works Director or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of the storm water management plan.
Approval Criteria. The Public Works Director or Designated Authorized Agent shall approve a storm water management plan when the application is properly made, all appropriate fees have been paid, and the storm water management plan complies with the applicable provisions as specified in Section 8.3: Post Construction Storm Water Management (and elsewhere in this Ordinance) and state law.

3.42 Right-Of-Way Permit

Applicability. All private utilities, private contractors and property owners shall obtain a right-of-way permit from the Public Works Director or Designated Authorized Agent prior to digging, excavating, trenching, augering, jacking, or other work requiring a right-of-way permit, within any street or alley right-of-way. Refer to City of Ashland Ordinance 501 for more information.

3.43 Fence Permit

Applicability. No fence, gate, or wall (except those specifically exempted by Section 6.5: Fences) shall be constructed without first having obtained an approved fence permit from the Building Inspector or Designated Authorized Agent.
Review Process.
1. Pre-application meeting. Any person or entity wishing to construct a fence, gate, or wall may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and discuss the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a fence permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include the following supporting information:
  1. A plan at a scale of one inch equals twenty feet (1” = 20’) or greater, showing the location of any fences and landscaped areas in relation to structures and parcel lines;
  2. A description of the types of fencing materials to be used; and
  3. A drawing showing the height, footings, and design of the fences.
4. Staff review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within fifteen (15) days of the City’s receipt of a complete application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for a fence permit.
Approval Criteria. The Building Inspector or Designated Authorized Agent shall approve a fence permit when the application is properly made, all appropriate fees have been paid, and the proposed work complies with the applicable provisions as specified in Section 6.5: Fences.
Fence Permit Appealed. In the event that the Building Inspector or Designated Authorized Agent denies a fence permit application, the applicant may choose to appeal the denial decision to the Zoning Board of Appeals. Such appeal must be made in writing to the Zoning Administrator or Designated Authorized Agent within ten (10) working days of the denial.

3.44 Approval To Temporarily Place Items On Sidewalks

Applicability. No sales racks, tables, chairs, or other items shall be placed on City sidewalks without the permission of the City. Items that are intended to be placed on a sidewalk shall require approval from the Public Works Director or Designated Authorized Agent. Refer to City of Ashland Ordinance 501 for more information. This Section does not apply to newspaper racks, which are governed by City of Ashland Ordinance 934, or sidewalk signs, which are governed by Section 6.6. F., 8.: Sidewalk Signs.

3.45 Sign Permit For A Sidewalk Sign

Applicability. Pursuant to Section 6.6, F., 8.: Sidewalk Sign, no sidewalk sign shall be allowed without the issuance of a sign permit pursuant to this Section.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a sign permit for a sidewalk sign adjacent to their property may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed sign and clarify the requirements for obtaining a sign permit.
2. Initiation. Initiation of a sign permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the sign owner, the property owner, and the sign contractor of the proposed sign.
  2. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, colors, and the location of the proposed sign and any existing signs on the parcel.
  3. Site sketch showing the location of the proposed sidewalk sign in relation to parcel lines, buildings, and the sidewalk and street.
  4. Such other information as the Zoning Administrator or Designated Authorized Agent may require showing full compliance with the provisions of this Ordinance.
  5. Signature of the applicant on the sign permit.
  6. Signature of the applicant on a hold harmless agreement.
  7. Payment of all required fees.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the application, considering the criteria for approval, and submit the application to the Public Works Director and Police Chief or Designated Authorized Agent for their review and approval as necessary or desired.
5. Staff final action. Within fifteen (15) working days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent (and where applicable, the Public Works Director and Police Chief or Designated Authorized Agent) shall approve, approve with conditions, or deny the request for issuance of a sign permit for a sidewalk sign. If a sign permit for a sidewalk sign is denied, within fifteen (15) working days of the denial, the Zoning Administrator or Designated Authorized Agent shall set forth in writing the reasons for the denial.
Approval Criteria.
1. The Zoning Administrator or Designated Authorized Agent shall issue a sign permit for a sidewalk sign when the permit application is properly made, all appropriate fees have been paid, and the sign complies the provisions of Section 6.6, F., 8., Sidewalk Sign.
2. The Zoning Administrator or Designated Authorized Agent shall deny an application for a sign permit for a sidewalk sign if it is inconsistent with the provisions of this Ordinance. Reasons for denial may include, but shall not be limited to, the following:
  1. The sign material does not comply with the allowable material types;
  2. The sign design or construction is not compatible with its surroundings;
  3. The sign does not encourage a positive business atmosphere; and/or
  4. The sign exceeds the allowable size.
Revocation of Sidewalk Sign Permit.
1. The Zoning Administrator or Designated Authorized Agent may elect to revoke a permit for a sidewalk sign that is in violation of this Ordinance. Reasons for a revocation may include, but shall not be limited to, the following:
  1. The location, installation, or construction of the sign presents a safety hazard or is different than what was indicated on the application;
  2. The sign is being displayed outside the allowable hours for display; and/or
  3. The sign is not appropriately stabilized or weighted to prevent unintentional movement.
2. Process for revocation of a sign permit. The process for the revocation of a sign permit associated with a sidewalk sign shall be as follows:
  1. The Zoning Administrator or Designated Authorized Agent shall issue a written warning specifying the violation and the allowable time to bring the violation into compliance.
  2. If the violation is not brought into compliance by the time allowed by the Zoning Administrator or Designated Authorized Agent, the permit shall be revoked and may not be renewed until the next calendar year.
  3. Under circumstances in which, a sidewalk sign presents an immediate public safety hazard, as determined by the Zoning Administrator or Designated Authorized Agent, the immediate removal of the sign may be ordered. If the owner fails to remove the sign, the Zoning Administrator or Designated Authorized Agent may physically remove the sign. Upon removal of the illegal sign, the owner of the sign shall be given thirty (30) days in which to salvage the sign upon payment of a ten dollar ($10.00) removal fee and a five dollar ($5.00) fee per day for storage. If not salvaged, the sign may be disposed of as deemed appropriate.

3.46 Keeping Of Animals Permit

Applicability. It shall be unlawful to keep, on any property located in the City of Ashland, family farm animals identified in Section 5.6, C.: Keeping of Animals (excluding those specifically exempted) without first having obtained an approved Keeping of Animals permit from the Zoning Administrator and Animal Control Officer or Designated Authorized Agent.
Review Process.
1. Pre-application meeting. Any person or entity wishing to request the keeping of family farm animals may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed request and discuss the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a keeping of animals permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include the following supporting information:
  1. A site sketch showing:
    1. Parcel lines and dimensions;
    2. Location of all existing buildings, structures and setbacks from parcel lines;
    3. Location of all occupied principal buildings on neighboring parcels within one hundred (100) feet;
    4. All streets avenues, alleys and other rights-of-way;
    5. Location of proposed shelters, coops, hives, fencing or other structures proposed to be used; and
    6. Location of flyway barriers (for beekeeping).
  2. A description, drawing and/or photos of the building and/or fencing materials to be used;
4. Staff review. The Zoning Administrator and Animal Control Officer or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
5. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Zoning Administrator and Animal Control Officer or Designated Authorized Agent shall approve, approve with conditions, or deny the request for a keeping of animals permit.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall approve a keeping of animals permit when the application is properly made, all appropriate fees have been paid, and the proposed work complies with the applicable provisions as specified in Section 5.6, C.: Keeping of Animals.
Permit Expiration and Fees. A keeping of animals permit shall be valid from the date of issuance to December 31 of the 3rd calendar year in which the permit was issued. A keeping of animals permit must be renewed each 3rd calendar year, prior to December 31 regardless of the date of issuance. Permit fees shall be identified in the City of Ashland Comprehensive Fee Schedule and shall be doubled for failure to obtain a permit. Permits for the keeping of animals shall be subject to review and renewal upon transfer of ownership of parcel or animals.
Revocation of a Keeping of Animals Permit.
1. Reasons for revocation. The Zoning Administrator and/or Animal Control Officer or Designated Authorized Agent may elect to revoke a permit for the keeping of animals that is in violation of this Ordinance. Reasons for a revocation may include, but shall not be limited to, the following:
  1. The location or installation of the animals and associated structures presents a safety hazard or is different than what was indicated on the application;
  2. The keeping of animals is creating a nuisance to occupants of nearby properties;
  3. The animals are not provided with adequate shelter, a secure enclosure, food or water;
  4. The shelter and/or enclosures are unsanitary or unsafe; and
  5. Other reasons not specifically stated that endanger the safety, health and welfare of the animals and/or citizens of the City.
2. Process for revocation of a keeping of animals permit. The process for the revocation of a keeping of animals permit shall be as follows:
  1. The Zoning Administrator, Animal Control Office or Designated Authorized Agent shall issue a written warning specifying the violation and the allowable time to bring the violation into compliance;
  2. If the violation is not brought into compliance by the time allowed, the permit shall be revoked and may not be renewed until the next calendar year or for three (3) months, whichever is later; and
  3. Under circumstances in which, the keeping of animals presents an immediate public safety hazard, as determined by the Zoning Administrator, Animal Control Officer or Designated Authorized Agent, the immediate removal of the animals may be ordered. If the owner fails to remove the animals, the Animal Control Officer or Designated Authorized Agent may physically remove the animals.

3.47-3.54 (Reserved)

(Reserved for future applications requiring administrative approval.)

3.55 Other Required Permits And Approvals

Ashland City Zoning Code

PART 3

Application, Review, And Approval Procedures

3.1 General Provisions

Intent. The intent of this Part of the Unified Development Ordinance is to establish application procedures, internal review procedures, public notice and hearing procedures, and approval criteria for the processing of applications and actions that affect the development and use of property subject to the jurisdictions of the City of Ashland.
General Types of Development.
1. Development defined. Except where the context otherwise requires, and in absence of a more limiting provision in this Ordinance, development means the performance of any building or mining operation, or the making of any material change in the use or appearance of any structure or land. All development within the City of Ashland, except as hereinafter specified, shall be undertaken in accordance with the provisions of this Ordinance and only after a development permit is issued, if required by this Ordinance. All development shall be categorized as one of the following types of development:
  1. General Development. Development for which a development permit or building permit will be granted as a right on compliance with the terms of this Ordinance, hereinafter called General Development.
  2. Conditional Development. Development for which a development permit will be granted only after exercise of discretion in accordance with the criteria of this Ordinance, hereinafter called Conditional Development or Conditional Use.
  3. Exempt Development. Development that is exempt from the regulations of this Ordinance, as specified in Section 3.1, B., 3.: Exempt Activities.
2. Permits required. The following activities or uses shall be taken to involve development and shall require a development, building, sign and/or other applicable permit, unless expressly excluded by this Ordinance:
  1. A change in type of use of a structure or land, a change from one use to a more intense use, or a change from one use sector to a use in another sector as designated by the North American Industry Classification System (NAICS);
  2. A reconstruction, or alteration of the size, or material change in the external appearance, of a structure on land;
  3. A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices, or dwelling units in a structure on land;
  4. Commencement of mining or excavation on a parcel of land;
  5. Demolition or moving of a structure;
  6. Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land;
  7. In the connection with the use of land, the making of any material change in noise levels, thermal conditions, emissions of waste material, or other objectionable element;
  8. Commencement or change in the location of street graphics or use of land, and the commencement or change in the location of advertising on the external part of a structure;
  9. Alteration of a shore, bank, floodplain of a stream, lake, pond, or artificial body of water;
  10. Reestablishment of a nonconforming or conditional use that has not been used for one (1) year;
  11. Departure from the normal use for which development permission has been granted, or failure to comply with the conditions of this Ordinance granting the development permission under which the development was commenced or is continued; or
  12. Earth grading, filling, and/or excavation activities for the purpose of altering the parcel or site for future development.
3. Exempt activities. The following operations or uses do not constitute development for the purposes of this Ordinance:
  1. The maintenance or improvement of a public road or railroad track not involving substantial engineering redesign if the work is carried out on land within the boundaries of the right-of-way;
  2. Work by any utility not involving substantial engineering redesign for the purpose of inspection, repair, renewal, or construction on an established right-of-way of any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like;
  3. Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior where the costs of such work (including labor) is less than five-thousand dollars ($5,000), or affects only the color of the structure or decoration of the exterior of the structure, but does not otherwise materially affect the external appearance of the structure;
  4. The use of any structure or land devoted to dwelling uses for any purposes customarily incidental to enjoyment of the dwelling;
  5. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products or for other agricultural purposes, except the growing or storage of livestock;
  6. A change in the use of land or structure from a use within a use group specified in this Ordinance to another use in the same use group; or
  7. Official public information street graphics installed by or at the discretion of the City of Ashland, Ashland County, or the State of Wisconsin.
General Types of Development Reviews and Approvals. There shall be the following three (3) general types of reviews and approvals associated with development in the City of Ashland:
1. Public hearing. Development or actions that require special opportunities for broad public input require a public hearing pursuant to Public Hearing and Noticing Requirements.
2. Public informational meeting. Development that requires action by an elected or appointed body, but does not require a public hearing, may cause a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings.
3. Administrative review and approval. Development or action that requires administrative review and approval in lieu of review and approval by an elected or appointed body. Refer to Section 3.1, H.: General Procedures Associated with Administrative Reviews and Approvals for additional information.
General Development Review Elements and Procedures.
1. Pre-application meeting. Prior to the submission of an application as required by this Ordinance, a pre-application meeting may be required by this Ordinance or encouraged by the Zoning Administrator or Designated Authorized Agent as follows:
  1. Purpose of the meeting. A pre-application meeting is a meeting between a potential applicant and the Zoning Administrator and/or other City Staff. The meeting provides an opportunity for an applicant to describe the proposed development and for the Zoning Administrator and/or other City Staff to indicate which application is appropriate and what criteria will be used to determine whether the application should be approved.
  2. Meeting format. Unless otherwise specified in this Ordinance, there is no required format for a pre-application meeting.
  3. Combined meetings. Pre-application meetings may be combined when an applicant anticipates making simultaneous applications for the same project.
  4. No approval action. Participation in a pre-application meeting does not imply or assume subsequent approval, approval with conditions, or denial of an application.
2. Application forms and fees. The following provisions shall apply to all required applications pursuant to this Ordinance:
  1. Forms. Applications shall be submitted on forms, with any requested information and attachments, and in such numbers, as required by the City, including any checklists for submittals. The Zoning Administrator or Designated Authorized Agent shall have the authority to request any other pertinent information required to ensure compliance with this Ordinance. The Zoning Administrator or Designated Authorized Agent shall make the required forms available to all applicants. The forms may be available for downloading from the City’s official website.
  2. Application fees. Fees for those applications required by this Ordinance shall be in accordance with the City’s current fee schedule, which the Common Council may update from time to time. The fees are intended to cover the City’s actual costs in processing the application. Such costs may include, but are not limited to, filing the application, publishing notices, and mailing notices regarding the application.
  3. Review costs. In addition to the costs incurred by the City in processing an application, the City may incur costs to review an application. The cost for all such reviews shall be borne by the applicant. The City reserves the right to require an escrow account be established to provide funds for anticipated review costs.
  4. Refundability of fees. Planning, zoning, and building permit/license fees are refundable if a permit is not issued. Application review fees, fees for permits requiring Plan Commission approval, publication fees and issued permit/license fees are non-refundable.
3. Application deadline. All applications shall be completed and submitted to the Zoning Administrator or Designated Authorized Agent in accordance with a schedule established annually by the City. An application shall not be considered officially submitted until it has been determined to be complete pursuant to the provisions of this Section.
4. Application completeness.
  1. Completeness requirements. An application shall be considered submitted only after the Zoning Administrator or Designated Authorized Agent has determined it is complete, it is in the required form, it includes all mandatory information (including all exhibits), and it is accompanied by the applicable fee.
  2. Completeness review period. A determination of application completeness shall be made by the Zoning Administrator or Designated Authorized Agent within fifteen (15) working days of the City’s receipt of the application.
  3. Incomplete application. If the application is determined to be incomplete, the Zoning Administrator or Designated Authorized Agent shall provide written notice to the applicant along with an explanation of the application’s deficiencies. No further processing of the application shall occur until the deficiencies are corrected.
5. Limit of time relating to final action. Upon receipt of a complete application, the City and the applicable review authorities shall review the application and take final action on the application in a timely manner consistent with Wisconsin Statutes. The allowable time to take final action on an application is specified in the review procedures of the application. However, the allowable time to take final action may be extended in writing by mutual acceptance of the approval authority and the applicant and consistent with Wisconsin Statutes.
6. Limit of time to commence work after approvals. Approvals made by the applicable approval authorities, unless otherwise stated in this ordinance or the approval, shall be void after twelve (12) months from the date of such approval if work on the related project has not commenced, unless an extension is granted by the Zoning Administrator, other Approval Authority, or Designated Authorized Agent.
7. Limit on reapplication. If any application is denied by the approval authority as specified in this Ordinance, another application or petition for the same permit, approval, or amendment for the same property (or any portion thereof) may not be filed within a period of ninety (90) days from the date of final denial, unless allowed by the appropriate approval body and based on the demonstration of any of the following conditions:
  1. Change in circumstances. There is substantial change in circumstances relevant to the issues and/or facts considered during the review of the application that might reasonably affect the approval body’s application of the relevant review standards to the development proposed in the application; or
  2. New information. New or additional information is available that was not available at the time of the review that might reasonably affect the approval body’s application of the relevant review standards to the development proposed; or
  3. Significant difference. A new application is proposed to be submitted that is significantly different from the prior application; or
  4. Mistake made. The final decision on the application was based on a mistake of fact.
General Review and Approval Criteria.
1. Required review and approval criteria. In reviewing and taking final action on an application or permit request, the review and approval authorities shall consider all approval criteria as specified in this Ordinance and shall consider all pertinent facts, public comments, and consistency with all applicable laws.
2. Conditions that may be attached to approval. Conditions may be attached to approval of permits to address any of the following conditions or other applicable conditions not herein listed:
  1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
  2. Control the sequence of development, including when it must be commenced and completed;
  3. Control the duration of use of development and the time within which any structures must be removed;
  4. Ensure that development, open spaces, private roads and utilities are maintained properly in the future;
  5. Designate the exact location and nature of development; and
  6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
3. Consideration of principles of sustainability in the review and approval process. Pursuant to the City of Ashland’s commitment to sustainability as described in Section 1.4: Integration of Principles of Sustainability, the review and approval process shall consider, to the extent reasonable, how an application or permit relates to the principles of sustainability as adopted by the City of Ashland and as specified in Section 1.4: Integration of Principals of Sustainability. Except as specified otherwise in this Ordinance, it is not the intent of this Ordinance to deny an application based exclusively on how the application relates to principles of sustainability. Instead, it is the intent of this Ordinance to assist in clarifying principles of sustainability that can help strengthen the proposed development and move the City towards sustainability.

Public Hearing and Noticing Requirements.

Intent of a public hearing. A public hearing is a special type of public meeting that is intended to provide the public with a formal opportunity to express their views and concerns on certain matters before the Plan Commission, the Common Council, or other elected or appointed bodies.

Table 3.1.A: Summary of Responsibility to Conduct a Public Hearing
Application Procedure	Plan Commission	Zoning Board of Appeals	Common Council
Comprehensive Plan Amendment	Required	No	Optional
Zoning Map Amendment (Rezoning)	Required	No	Optional
Ordinance Text Amendment	Required	No	Optional
Floodplain Overlay Map or Text Amendment	Required	No	Optional
Wetland Overlay Map or Text Amendment	Required	No	Optional
PUD General Development Plan	Required	No	Optional
PUD Specific Implementation Plan	Required	No	Optional
Conditional Use Permit	Required	No	Optional
Variance	No	Required	No
Appeal of a Administrative Decision	No	Required	No
Appeals, Variances, and Boundary Dispute Resolution relating to the Floodplain Overlay	No	Required	No
Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay	No	Required	No
Discontinuance/Vacation of a Public Way	No	No	Required

General public hearing noticing requirements.

Summary of notice required. Public hearing notice shall be made as shown below in Table 3.1.B.: Summary of Public Hearing Notice Requirements.

Table 3.1.B: Summary of Public Hearing Notice Requirements
Application Procedure	Published	Mailed	Posted on Property	Posted in Public Place
Comprehensive Plan Amendment	Class 2	Discretionary	Discretionary	Discretionary
Zoning Map Amendment (Rezoning)	Class 2	Discretionary	Discretionary	Discretionary
Ordinance Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
Floodplain Overlay Map or Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
Wetland Overlay Map or Text Amendment	Class 2	Discretionary	Discretionary	Discretionary
PUD General Development Plan	Class 2	Discretionary	Discretionary	Discretionary
PUD Specific Implementation Plan (public hearing only if required)	Class 2	Discretionary	Discretionary	Discretionary
Conditional Use Permit	Class 2	Discretionary	Discretionary	Discretionary
Variance	Class 1	Discretionary	Discretionary	Discretionary
Appeal of a Administrative Decision	Class 1	Discretionary	Discretionary	Discretionary
Appeals, Variances, and Boundary Dispute Resolution relating to the Floodplain Overlay	Class 2	Discretionary	Discretionary	Discretionary
Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay	Class 2	Discretionary	Discretionary	Discretionary
Discontinuance or Vacation of a Public Way	Class 3	Required	Discretionary	Discretionary

Published notice. At least seven (7) days prior to the date set for the public hearing, a Notice of Public Hearing shall be published in the local newspaper designated by the Common Council. In the case of a Comprehensive Plan Amendment, a Notice of Public Hearing shall be published at least thirty (30) days prior to the date set for the public hearing. There shall be three (3) classes of legal notices pursuant to Chapter 985 of the Wisconsin Statutes, as follows. The class of notice required for the application procedure shall be as specified in Table 3.1.A.: Summary of Public Hearing and Notice Requirements.
1. Class 1 Notice: Requires one (1) insertion in the local newspaper designated by the Common Council.
2. Class 2 Notice: Requires two (2) insertions in the local newspaper designated by the Common Council.
3. Class 3 Notice: Requires three (3) insertions in the local newspaper designated by the Common Council.
Mailed notice. A mailed Notice of Public Hearing shall not be required (except where otherwise specified in this Ordinance). However, when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may mail such notices by U.S. mail to the owners of record of real property within two hundred (200) feet of the property under consideration as. Such notice may be served by its deposit in the municipality, properly addressed with postage paid, in U.S. mail, preferably at least ten (10) days prior to the date set for the public hearing. Additional mailed notices may also be mailed pursuant to provisions of the specific application and development review procedures specified elsewhere in this Ordinance.
Posted notice on property. A Notice of Public Hearing shall not be required to be posted on the property under consideration, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notice or cause such notice to be posted. Such posting shall be in a format approved by the Zoning Administrator or Designated Authorized Agent and shall occur on a date specified by the Zoning Administrator or Designated Authorized Agent, preferably at least seven (7) days prior to the date set for the public hearing.
Posted notice in public place. A Notice of Public Hearing shall not be required to be posted in a public place, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notices, preferably at least seven (7) days prior to the date set for the public hearing and preferably in three (3) public places in the City of Ashland as determined by the Common Council.
Content of notice. Published or mailed notices shall contain at least the following information:
1. The legal description or street address of the property that is the subject of the application;
2. The substance of the application, including the type of proposed development and the current zoning district (if applicable);
3. The time, date, and location of the public hearing with a statement that interested parties may appear at the public hearing; and
4. A phone number to contact the City.
Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.

Conduct of public hearing.
1. Public comment. Any party may appear and be heard in person or through an agent or attorney at the public hearing. Written comments may be submitted to the applicable review and approval authorities prior to or during the hearing.
2. Modification of an application at a public hearing.
  1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the public hearing or to suggestions or recommendations by the recommending or approval body holding the public hearing.
  2. Unless such modifications are so substantial that the recommending or approval body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, or unless such modifications are so substantial that a new public hearing must be noticed and held, then the approval body may approve the application with the stipulation that the final approval will not be effective until materials reflecting the agreed upon changes are submitted to the Zoning Administrator or Designated Authorized Agent.
  3. Where deemed appropriate by the approval body, modifications may be referred back to the recommending body for review, prior to further consideration. The approval body shall either continue the hearing at a certain new date and time or close the hearing and republish notice of any future public hearing.
3. Continuing the hearing. A public hearing may be continued without additional mailed or published notice, provided that the motion to continue the public hearing is made in open session, specifies the date and time when the public hearing will continue, and notice is provided consistent with Sections 19.81-19.98 of the Wisconsin Statutes, dealing with Wisconsin open meeting law.
4. Findings and conclusions. All findings and conclusions shall be based on reliable evidence as reasonably available.
5. Record. A record shall be made of all public hearings. All documentary evidence presented at public hearings shall be made part of the record.

General Procedures Associated with Public Informational Meetings and Notices.

Intent of a public informational meeting. A public informational meeting is a meeting held by the Plan Commission, the Common Council, or other elected or appointed bodies. The public can attend the meetings and may be encouraged to express their views and concerns on certain matters before the elected or appointed bodies. However, unlike a public hearing, a public informational meeting does not require a formal opportunity for the public to provide input, but generally does allow for comment.

Table 3.1.C: Summary of Responsibility to Conduct a Public Informational Meeting
Application Procedure	Plan Commission	Zoning Board of Appeals	Common Council
Site Plan Approval	Encouraged for developments of 75,000 sq. ft. or larger	No	No
PUD - Site Specific Plan	Required - or public hearing in lieu of	No	Required – or public hearing in lieu of
Preliminary Plat	Required – or public hearing in lieu of	No	No
Final Plat	Required – or public hearing in lieu of	No	Required – or public hearing in lieu of

General noticing requirements. Wherever this Ordinance requires that a public informational meeting be held, the meeting shall be conducted in accordance with the Wisconsin open meeting law as specified in Sections 19.81-19.98 of the Wisconsin Statutes and as follows:
1. Published notice. Published notice of a public informational meeting shall be consistent with the Wisconsin open meeting law. The notice shall be published in the local newspaper designated by the Common Council (and other news media per their request) at least twenty-four (24) hours, but preferably at least seven (7) days, in advance of the public informational meeting.
2. Mailed notice. A mailed notice of a public informational meeting shall not be required, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may mail such notices by U.S. mail to the owners of record of real property within two hundred (200) feet of the property under consideration as. Such notice may be served by its deposit in the municipality, properly addressed with postage paid, in U.S. mail, preferably at least ten (10) days prior to the date set for the public informational meeting. Additional mailed notices may also be mailed pursuant to provisions of the specific application and development review procedures specified elsewhere in this Ordinance.
3. Posted notice on property. A notice of a public informational meeting shall not be required to be posted on the property under consideration, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notice or cause such notice to be posted. Such posting shall be in a format approved by the Zoning Administrator or Designated Authorized Agent and shall occur on a date specified by the Zoning Administrator or Designated Authorized Agent, preferably at least seven (7) days prior to the date set for the public informational meeting.
4. Posted notice in public place. A notice of a public informational meeting shall not be required to be posted in a public place, but when deemed feasible and appropriate by the Zoning Administrator or Designated Authorized Agent, the City may post such notices, preferably at least seven (7) days prior to the date set for the public informational meeting and preferably in three (3) public places in the City of Ashland as determined by the Common Council.
5. Content of notice. Published or mailed notices shall contain at least the following information:
  1. The legal description or street address of the property that is the subject of the application;
  2. The substance of the application, including the type of proposed development and the current zoning district (if applicable);
  3. The time, date, and location of the public informational meeting with a statement that interested parties may appear at the public informational meeting; and
  4. A phone number to contact the City.
6. Constructive notice. Minor defects in notice shall not impair the notice or invalidate proceedings pursuant to the notice if a bona fide attempt has been made to comply with applicable notice requirements.
Conduct of public informational meetings.
1. Modification of an application at a public informational meeting.
  1. The applicant may agree to modify the application, including the plans and specifications submitted, in response to questions or comments by persons appearing at the public informational meeting or to suggestions or recommendations by the body holding the public informational meeting.
  2. Unless such modifications are so substantial that the approval body cannot reasonably be expected to perceive the nature and impact of the proposed changes without revised application materials before it, or unless such modifications are so substantial that a new public informational meeting must be noticed and held, the approval body may approve the application with the stipulation that the final approval will not be effective until materials reflecting the agreed upon changes are submitted to the Zoning Administrator or Designated Authorized Agent.
2. Continuing the public informational meeting. A public informational meeting may be continued without additional mailed or published notice, provided that the motion to continue the meeting is made in open session, specifies the date and time when the public informational meeting will continue, and notice is provided consistent with Sections 19.81-19.98 of the Wisconsin Statutes, dealing with Wisconsin open meeting law.
3. Findings and conclusions. All findings and conclusions shall be based on reliable evidence as reasonably available.
4. Record. A record shall be made of all public informational meetings. All documentary evidence presented at the meetings shall be made part of the record.

General Procedures associated with Administrative Review and Approval.
1. Intent of administrative review and approval. Administrative review and approval is intended to allow a quicker and less costly review and approval process for development and land use matters that are not expected to have an adverse impact on neighboring properties or the broader community.
2. Required administrative review and approval. Wherever this Ordinance requires administrative review and approval, the review and approval process shall be conducted in accordance with the provisions of this Ordinance. Table 2.1.A in Section 2.1: General Provisions summarizes the types of applications that require administrative review and the administrative staff that has the primary responsibility for reviewing and approving the application. However, administrative review and approval may be conducted by a Designated Authorized Agent. Consequently, Table 2.1.A in Section 2.1: General Provisions should be referred to a general guide and the responsibilities listed may be modified based on the unique characteristics of the applications.
3. General noticing requirements. There shall be no required noticing associated with administrative review and approval. However, at their discretion, administrative staff may notify adjacent property owners of pending development.
4. Conduct of administrative review and approval. Administrative staff shall have the opportunity to consult with other staff and government agencies in reviewing and processing an application. The applicant shall have the opportunity to refine the application submittal as necessary to ensure that the application is consistent with this Ordinance.

3.2 Comprehensive Plan Amendment

Applicability. Amendments to the City’s Comprehensive Plan may be made from time to time to help guide the City in establishing and maintaining sound, sustainable, and desirable development within the city. Amendments may also be made to correct errors in the text or maps of the Comprehensive Plan or to address changed or changing conditions in a specific area or in the city generally.
Review Process. The review process shall be consistent with Chapter 66 of the Wisconsin Statutes, Comprehensive Planning and as follows:
1. Pre-application meeting. If a proposed development requires a Comprehensive Plan Amendment, the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A Comprehensive Plan Amendment may be initiated by any of the following:
  1. The Plan Commission;
  2. The Common Council;
  3. The Zoning Administrator or Designated Authorized Agent; or
  4. The property owner or their designated agent
3. Application submittal. A complete application shall be submitted to Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Considering the approval criteria, deny the request or approve the request (by majority vote of the entire Plan Commission) recommending that the Common Council enact an ordinance approving the Comprehensive Plan Amendment.
6. Common Council action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application and considering the Plan Commission recommendation and the approval criteria, the Common Council shall deny the request or adopt an ordinance that amends the Comprehensive Plan unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
  3. Adoption of an ordinance shall require a majority vote of the entire Common Council.
7. Distribution of approved amendment. One copy of the adopted Comprehensive Plan Amendment shall be sent to all of the following:
  1. Every governmental body that is located in whole or part within the boundaries of the City;
  2. The clerk of every local governmental unit that is adjacent to the City;
  3. The Wisconsin Department of Administration;
  4. The Northwest Regional Planning Commission; and
  5. The Vaughn Public Library.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a Comprehensive Plan Amendment, the following approval criteria shall be considered:
1. The Comprehensive Plan Amendment helps guide and accomplish coordinated development that is harmonious with existing development in the City of Ashland, which will, in accordance with existing and future needs, best promote public health, safety, morals, and the general welfare, as well as the efficiency and economy in the process of development;
2. The Comprehensive Plan Amendment is consistent with the requirements and elements of Chapter 66 of the Wisconsin Statutes;
3. The Comprehensive Plan Amendment review process has provided adequate opportunity for public review and comment;
4. The Comprehensive Plan Amendment is generally consistent with the principles of sustainability as specified in Section 1.4: Integration of Principles of Sustainability.

3.3 Zoning Map Amendment (Rezoning)

Applicability.
1. General applicability. The Zoning Map may be amended whenever the public necessity, convenience, general welfare, or good zoning practice require. Amendments may also be made to correct errors in the Zoning Map or to address changed or changing conditions in a specific area or within the city generally. All Zoning Map Amendments must be consistent with the Comprehensive Plan and the provisions of this Section, except as modified by the special Zoning Map Amendment procedures specified in this Section.
2. Special Zoning Map amendment procedures. Due to the special requirements of specific zoning districts, Zoning Map Amendments relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay. An amendment to the Floodplain Overlay shall be pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay.
  2. Wetland Overlay. An amendment to the Wetland Overlay shall be pursuant to Section 3.7: Map and/or Text Amendment to the Wetland Overlay.
  3. Planned Unit Development (PUD) Overlay District. The creation of a Planned Unit Development (PUD) Overlay District shall be pursuant to Section 3.8: Creation of a Planned Unit Development Overlay District.
Review Process.
1. Pre-application meeting. If a proposed development requires a Zoning Map Amendment (rezoning), the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A Zoning Map Amendment may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria for a Zoning Map Amendment. In determining whether to approve, approve with conditions, or deny an application for a Zoning Map Amendment (rezoning), the following criteria shall be considered:
1. The Zoning Map Amendment is consistent with the Comprehensive Plan;
2. The Zoning Map Amendment promotes public health, safety, morals, and the general welfare, as well as the efficiency and economy in the process of development;
3. The Zoning Map Amendment is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood;
4. The property to be amended (rezoned) is suitable for the uses permitted by the Zoning District that would be applied by the proposed Zoning Map Amendment; and
5. The Zoning Map Amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.4 Unified Development Ordinance Text Amendment

Applicability.
1. General applicability. The text of the Unified Development Ordinance may be amended whenever the public necessity, convenience, general welfare, or good zoning practice require. Amendments may also be made to correct errors in the text of the Unified Development Ordinance or to address changed or changing conditions affecting the City. All text amendments must be consistent with the Comprehensive Plan.
2. Special Unified Development Ordinance text amendment procedures. Due to the special requirements of specific zoning districts, text amendments relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay District. An amendment to the Floodplain Overlay District shall be pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay District.
  2. Wetland Overlay District. An amendment to the Wetland Overlay District shall be pursuant to Section 3.7: Map and/or Text Amendment to the Wetland Overlay District.
Review Process.
1. Pre-application meeting. If a proposed development requires a text amendment to the Unified Development Ordinance, the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. A text amendment may be initiated by any of the following:
  1. The Plan Commission;
  2. The Common Council;
  3. The Zoning Administrator or Designated Authorized Agent; or
  4. The property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested Ordinance Amendment.
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria. In determining whether to approve, approve with conditions, or deny an application for a text amendment to the Unified Development Ordinance, the following criteria shall be considered:
1. The text amendment is consistent with the Comprehensive Plan;
2. The text amendment promotes public health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development;
3. The text amendment is compatible with the present zoning and conforming uses of property and the character of neighborhoods; and
4. The text amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.6 Map And/Or Text Amendment To The Floodplain Overlay District

Applicability. The Common Council may change or supplement the Floodplain Overlay boundaries and the provisions of the Floodplain Overlay in accordance with this Ordinance and all applicable state and federal laws. Actions that require an amendment include, but are not limited to, the following:
1. Any change to the Official Floodplain Zoning Map, including the floodway line or boundary of any floodplain area;
2. Correction of discrepancies between the water surface profiles and floodplain zoning maps;
3. Any fill in the floodplain that 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;
4. Any fill or floodplain encroachment that obstructs flow, increasing regional flood height 0.01 foot or more;
5. Any amendment to the floodplain text of this Ordinance as required by NR 116.05, Wisconsin Administrative Code, or otherwise required by law, or as required by this Ordinance;
6. All channel relocations and any change 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 Flood Insurance Rate Map requires prior approval of the Federal Emergency Management Agency (FEMA).
Review Process.
1. Pre-application meeting. The property owner of a proposed development that may involve a proposed amendment to the boundaries and/or the provisions of the Floodplain Overlay is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable Designated Authorized Agents of the City, pursuant to Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting may also involve pertinent representatives from the Regional Office of the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
2. Initiation. A Map Amendment to the Overlay Map relating to the Floodplain Overlay may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Within seven (7) days of the City having received a complete application, submit a copy of the proposed map and/or text amendment to the Regional Office of the Wisconsin Department of Natural Resources and to the Federal Emergency Management Agency (FEMA);
  3. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  4. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. FEMA review. Where the flood profiles are based on established base flood elevations from a Flood Insurance Rate Map (FIRM), the Federal Emergency Management Agency (FEMA) must also review and approve any map amendment.
6. Wisconsin Department of Natural Resources review and action. The Regional Office of the Wisconsin Department of Natural Resources shall review the requested amendment and provide comments to the City of Ashland at or prior to the public hearing as appropriate.
7. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
8. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested amendment unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council and shall be contingent on all required approvals from the Wisconsin Department of Natural Resources and the Federal Emergency Management Agency (FEMA).
9. Follow through on Common Council action. Within thirty (30) days following final action by the Common Council, the Zoning Administrator or Designated Authorized Agent shall submit a copy of the final action to the Regional Office of the Wisconsin Department of Natural Resources and to the Federal Emergency Management Agency (FEMA). No amendment shall become effective until reviewed and approved by the Regional Office of the Wisconsin Department of Natural Resources.
Approval Criteria. In determining whether to approve, approve with conditions, or deny an application for an amendment to the Floodplain Overlay, the following criteria shall be considered:
1. The amendment is consistent with the Comprehensive Plan;
2. The amendment promotes public health, safety, morals, and the general welfare, as well as efficiency and economy in the process of development;
3. The amendment is compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood;
4. The amendment does not adversely affect the waters of Lake Superior and its tributaries;
5. The amendment is consistent with all applicable state and federal laws relating to the floodplain; and
6. The amendment is generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability.

3.7 Map And/Or Text Amendment To The Wetland Overlay District

Applicability. The Common Council may change or supplement the Wetland Overlay boundaries and the provisions of the Wetland Overlay in accordance with this Ordinance and all applicable state and federal laws.
Review Process.
1. Pre-application meeting. The property owner of a proposed development that may involve a proposed amendment to the boundaries and/or the provisions of the Wetland Overlay is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable Designated Authorized Agents, pursuant to Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting may also involve pertinent representatives from the Regional Office of the Wisconsin Department of Natural Resources.
2. Initiation. A Map Amendment to the Overlay Map relating to the Wetland Overlay may be initiated by any of the following:
  1. The property owner or their designated agent;
  2. The Plan Commission;
  3. The Common Council; or
  4. The Zoning Administrator or Designated Authorized Agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Submit a copy of the proposed map and/or text amendment to the Regional Office of the Wisconsin Department of Natural Resource within seven (7) days of the City having received a complete application;
  3. Notice the public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements;
  4. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action; and
  5. At least ten (10) days prior to the public hearing, provide the Regional Office of the Wisconsin Department of Natural Resources with written notice of the public hearing and a copy of the staff report to the Plan Commission.
5. Wisconsin Department of Natural Resources review. The Regional Office of the Wisconsin Department of Natural Resources shall review the proposed map and/or text amendment. Where the Regional Office determines that the proposed rezoning may have a significant adverse impact upon any of the approval criteria specified in this Section, the Regional Office shall so notify the City of Ashland of its determination either prior to or during the public hearing held on the proposed amendment.
6. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements;
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
7. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested amendment unless the deadline for action is extended pursuant to
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council and shall be contingent on all required approvals from the Wisconsin Department of Natural Resources.
8. Follow Through on Common Council final action.
  1. Within thirty (30) days following final action of the Common Council, the Zoning Administrator or Designated Authorized Agent shall submit a copy of the final action to the Regional Office of the Wisconsin Department of Natural Resources.
  2. If the Common Council approved the amendment and the amendment is inconsistent with the Department of Natural Resources recommendation regarding the amendment, then the amendment shall not become effective until more than thirty (30) days have elapsed following receipt of notification of the final action to the Department of Natural Resources.
  3. If within the thirty (30) days, the Department of Natural Resources notifies the City of Ashland that the Department of Natural Resources intends to adopt a superseding wetland overlay ordinance for the City of Ashland as provided by Section 62.231(6) of the Wisconsin Statutes, then the proposed amendment shall not become effective until the ordinance adoption procedure under Section 62.231(6) of the Wisconsin Statutes is completed or otherwise terminated.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a map and/or text amendment to the Wetland Overlay, the Plan Commission and Common Council shall consider the approval criteria specified in Section 3.3: Zoning Map Amendment. In addition, in order to ensure that this Ordinance will remain consistent with the shoreland protection objectives of Section 281.31 of the Wisconsin Statutes, the Common Council shall not rezone a wetland in the Wetland Overlay, or any portion thereof, where the proposed rezoning may result in a significant adverse impact upon any of the following wetland functions:
1. Storm and flood water storage capacity;
2. Maintenance of dry season stream flow or the discharge of groundwater to a wetland, the recharge of groundwater from a wetland to another area, or the flow of groundwater through a wetland;
3. Filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters;
4. Shoreline protection against erosion;
5. Fish spawning, breeding, nursery, or feeding grounds;
6. Wildlife habitat; or
7. Areas of special recreational, scenic, or scientific interest, including scarce wetland types and habitat of endangered species.

3.8 Creation Of A Planned Unit Development (PUD) Overlay District

Applicability.
1. A tract of land proposed to be developed as a Planned Unit Development (PUD) shall be under the control of a single owner, partnership, or corporation, where each owner agrees in advance to be bound by the conditions and regulations that will be effective within the district and to record such covenants, easements, and other provisions with the County.
2. The provisions of this Section are generally intended for application to larger and/or unique sites where a flexible approach to zoning regulations would facilitate more efficient use of the site and protection of natural resources achieved through clustering development and other innovative site planning and design techniques.
General Review Process. The review process for the creation of a PUD Overlay District involves two phases: review of a PUD – General Development Plan (PUD-GDP) and review of a PUD – Specific Implementation Plan (PUD-SIP). The following describes each review phase. An applicant has the option to submit an application for a PUD – Specific Implementation Plan at the same time as an application for a PUD – General Development Plan. Upon approval of the PUD-SIP, the Overlay District Map shall be amended to reflect the new PUD.
PUD – General Development Plan Review Process.
1. Pre-application meeting. The property owner of a proposed development that is intended to proceed as a PUD is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Application for a PUD-General Development Plan (PUD-GDP) shall be initiated by the property owner or their designated agent. The applicant shall have control of all property in the proposed PUD.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent for approval of a PUD-General Development Plan pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall contain the following information:
  1. Context map. A map of the project including its relationship to the surrounding properties, topography, or other prominent site features;
  2. Statement. A statement as to why the planned unit development (PUD) zoning is proposed. The statement shall identify reasons why planned unit development (PUD) zoning is preferable to development under standard zoning districts.
  3. Site plan. A site plan of the planned unit development (PUD) at a scale of not less than one inch equals one hundred feet (1” = 100’) showing the following:
    1. Land uses and development densities;
    2. The size, arrangement, and location of parcels;
    3. The proposed general location of buildings or groups of buildings;
    4. The location, design, and construction of public and private streets;
    5. The location of recreational areas and open space and a description of who will own and maintain the spaces;
    6. A general landscaping plan;
    7. A general grading plan, indicating onsite storm water management facilities and indicating the amount and location of off-site drainage;
    8. Identification of mature vegetation on the site and a proposal to preserve such vegetation worthy of protection;
    9. Identification and/or delineation of wetlands and floodplains within the site and a proposal to protect such areas from encroachment or degradation;
    10. Statistical data on the size of the development, density/intensity of various sub-areas, and expected phasing or staging.
    11. A description of the intended organizational structure for a property owner’s association, if any; and
    12. A description of the deed restrictions or restrictive covenants, if any.
  4. Additional plans. The Plan Commission or Common Council may require other special studies, plans, or additional information that would aid in consideration of the proposed development.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice the public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. The Plan Commission shall hold a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after the City has received a complete application and within forty (40) days after the public hearing, the Plan Commission (considering the approval criteria) shall recommend to the Common Council approval, approval with conditions, or denial of the request.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map and approving the PUD – General Development Plan unless the deadline for action is extended pursuant to The ordinance associated with the PUD – General Development Plan is an interim zoning classification that does not enable any development until the PUD – Specific Implementation Plan is approved.
  3. Approval, or approval with conditions of the PUD – General Development Plan shall require a majority vote of the entire Common Council.
PUD – Specific Implementation Plan Review Process.
1. Initiation. Application for a PUD-Specific Implementation Plan (PUD-SIP) shall be initiated by a property owner or their designated agent. The Applicant shall have control of all property in the proposed PUD.
2. Application submittal.
  1. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent for approval of a PUD-Specific Implementation Plan pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall contain all the information required for the General Development Plan review specified in this Section, except that the information shall be in final and detailed form. In addition, the applicant shall submit all other required plans for review and action.
  2. The application shall be submitted within twelve (12) months of approval of the PUD – General Development Plan. Failure to provide the PUD – Specific Implementation Plan within twelve (12) months of approval of the PUD – General Development Plan shall result in the automatic repeal of the previously approved PUD – General Development Plan.
  3. If required, a final plat, or a final plat of that segment to be developed, in compliance with this Ordinance, shall be submitted prior to issuance of the PUD – Specific Implementation Plan.
3. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the PUD – Specific Implementation Plan for substantial consistency with the approved PUD – General Development Plan. If the PUD – Specific Implementation Plan is consistent with the PUD – General Development Plan, then the Zoning Administrator or Designated Authorized Agent shall prepare a report and a recommendation to the Plan Commission that directs the Plan Commission to hold a public informational meeting or a public hearing to take their final action on the plan.
  3. If the PUD – Specific Implementation Plan is not consistent with the PUD – General Development Plan, then the Zoning Administrator or Designated Authorized Agent shall prepare a report to the Plan Commission that identifies the discrepancies and directs the Plan Commission to hold a public hearing pursuant to the public hearing requirements for the PUD – General Development Plan.
4. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. If the Zoning Administrator or Designated Authorized Agent’s report identifies that the PUD – Specific Implementation Plan is substantially consistent with the approved PUD – General Development Plan, then the Plan Commission (considering the approval criteria) shall hold a public informational meeting or a public hearing and make a recommendation to the Common Council to approve, approve with conditions, or deny the PUD – Specific Implementation Plan.
  2. If the Zoning Administrator or Designated Authorized Agent’s report identifies that the PUD – Specific Implementation Plan is substantially inconsistent with the approved PUD – General Development Plan, then the Plan Commission shall hold a public hearing pursuant to the public hearing requirements for the PUD – General Development Plan. Following the public hearing, the Plan Commission (considering the approval criteria) shall make a recommendation to the Common Council to approve, approve with conditions, or deny the PUD – Specific Implementation Plan.
5. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may order another public hearing before the Common Council pursuant to Section 3.1, F., 2.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council (considering the approval criteria) shall approve, approve with conditions, or deny the requested ordinance amending the Zoning Map and approving the PUD – Specific Implementation Plan unless the deadline for action is extended pursuant to The ordinance associated with the PUD – Specific Implementation Plan shall incorporate the Specific Implementation Plan, including any conditions or restrictions that may be imposed by the Common Council.
  3. Approval, or approval with conditions, shall require a majority vote of the entire Common Council.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a PUD – General Development Plan or a PUD – Specific Implementation Plan, the Plan Commission and Common Council shall consider the approval criteria for a Zoning Map Amendment as specified in Section 3.3: Zoning Map Amendment (Rezoning) as well as the following approval criteria with special consideration given to whether the plan would or would not be in the public interest:
1. Comprehensive Plan. Consistency with the City of Ashland Comprehensive Plan.
2. Consistency with this Ordinance. The extent to which the plan departs from the provisions of this Ordinance otherwise applicable to the subject property, including, but not limited to, density, bulk, and use, and the reasons why such departures are or are not deemed to be in the public interest.
3. Provisions for services. The manner in which the plan does or does not make adequate provisions for public services and utilities, drainage, traffic and multiple modes of transportations, and recreational amenities.
4. Open space. The nature and extent of open space, the reliability and sufficiency of the proposal for maintenance and conservation of the common open space, and the adequacy of the amount and function of the open space in terms of the densities proposed in the plan.
5. Effect on the neighborhood. The relationship, beneficial or adverse, of the planned development project upon the neighborhood in which it is proposed to be established.
6. Phasing. In the case of a plan that proposes development over a period of years, the sufficiency of the terms and conditions proposed to protect and maintain the integrity of the plan.
7. Relationship to existing structures. In developed areas, the suitability of the proposed structures in relation to existing structures to remain and anticipated future development of the area.
Conditions that may be Attached to a PUD. The Common Council may attach any conditions to the approval of a PUD – General Development Plan and/or the approval of a PUD – Specific Implementation Plan that it deems necessary to address any of the following conditions or other applicable conditions not herein listed:
1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
2. Control the sequence of development, including when it must be commenced and completed;
3. Control the duration of use of development and the time within which any structures must be removed;
4. Ensure that development, open spaces, private roads and utilities are maintained properly in the future;
5. Designate the exact location and nature of development; and
6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
Effect of the PUD – Specific Implementation Plan Approval. The approved PUD – Specific Implementation Plan, together with the conditions and restrictions imposed by the Common Council, shall constitute the final zoning for the subject property. The zoning provisions applicable to the underlying zoning district shall continue to be applicable where consistent with the approved PUD – Specific Implementation Plan.
Building Permit Restrictions. Development permits and building permits for a Planned Unit Development shall not be issued until the PUD – Specific Implementation Plan is approved by the Common Council. No building permit shall be issued for any structure within the PUD – Specific Implementation Plan District until the Zoning Administrator or Designated Authorized Agent certifies that it conforms to the provisions of the PUD – Specific Implementation Plan and all other applicable provisions of this Ordinance.
Changes or Alterations to an Approved PUD – Specific Implementation Plan. Any change of the PUD – General Development Plan or the PUD – Specific Implementation Plan prior to approval of the PUD – Specific Implementation Plan shall be submitted to the Zoning Administrator or Designated Authorized Agent. If the Zoning Administrator or Designated Authorized Agent determines that the change constitutes a substantial modification, the applicant or developer will be required to amend the PUD – Specific Implementation Plan, and if necessary, the PUD – General Development Plan, following the review procedures set forth in this Section. If in the opinion of the Zoning Administrator or Designated Authorized Agent, such changes do not constitute a substantial alteration of either the PUD – General Development Plan or the PUD – Specific Implementation Plan, the change may be accomplished by approval of the Zoning Administrator or Designated Authorized Agent. Such approved changes or modifications shall be documented and recorded in the official file of the City on the Planned Unit Development.
Expiration. Unless specified otherwise in an approved PUD agreement, if substantial development progress has not occurred within twelve (12) months of a PUD – Specific Implementation Plan approval, the PUD – General Development Plan and PUD – Specific Implementation Plan approval shall be void and the site zoning will revert to its previous zoning district classification. An extension may be granted by the Common Council.

3.9 Conditional Use Permit

Applicability.
1. General applicability. A conditional use permit is required for development that would generally not be appropriate within a district, but might be allowed within certain locations within the district if specific requirements are met. The compatibility must be judged on the basis of the particular circumstances and may require the imposing of conditions before development or occupancy is permitted. The intent is to allow a reasonable degree of discretion in determining the suitability of a particular development at a specific location.
Review Process.
1. Pre-application meeting. If a proposed development requires the issuance of a conditional use permit, then the property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a conditional use permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  3. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
5. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
  2. Within sixty (60) days after referral to the Plan Commission, the Plan Commission (considering the approval criteria) shall recommend such action to the Common Council as the Plan Commission deems proper.
6. Common Council final action.
  1. After reviewing the recommendation of the Plan Commission, the Common Council may hold a second public hearing before the Common Council pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
  2. Within ninety (90) days of the City’s receipt of a complete application, the Common Council shall review the request, the Plan Commission’s recommendation, and the approval criteria and take action to approve, approve with conditions, or deny the request unless the deadline for action is extended pursuant to
  3. A conditional use permit may be approved by an affirmative vote of a simple majority of the Common Council.
7. Effective date of conditional use permit.
  1. The Planning and Development office shall provide notice to the applicant within five business days of the approval of an application by the Common Council. The applicant shall be required to sign a copy of the resolution approving the conditional use permit, indicating the applicant’s understanding and acceptance of the conditions contained therein. The conditional use permit shall be effective upon the applicant’s signature.
  2. In this section, “provide notice” means to inform the applicant in person, by telephone, by email, or to place in the United States mail, with adequate first-class postage affixed, using the phone number, email address, or mailing address provided by the applicant on the application.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a request for issuance of a conditional use permit, the Plan Commission and the Common Council shall consider all relevant factors specified in other sections of this Ordinance, including standards for specific requirements for certain land uses and activities. If an applicant for a conditional use permit meets or agrees to meet all of the requirements and conditions specified in this chapter or imposed by the city, the city shall grant the conditional use permit. The applicant must demonstrate by substantial evidence that the application and all requirements and conditions established by the city are or shall be satisfied. The decision to approve or deny the permit must be based on substantial evidence. In addition, the following approval criteria shall apply:
1. Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City of Ashland Comprehensive Plan.
2. Compatibility. The compatibility of the proposed use with existing development within two hundred (200) feet of the proposed use and within five hundred (500) feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.
3. Importance of services to the community. The importance of the services provided by the proposed facility to the community, if any, and the requirements of the facility for certain locations, if any, and without undue inconvenience to the developer, and the availability of alternative locations equally suitable.
4. Neighborhood protections. The sufficiency of terms and conditions proposed to protect and maintain the uses in the surrounding neighborhood.
5. Conformance with other requirements of this Ordinance. The conformance of the proposed development with all provisions of this Ordinance.
6. Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Plan Commission or the Common Council feels are necessary for review in order to make an informed and just decision.
Conditions that may be Attached to Conditional Use Permit. The Common Council may attach any conditions to the approval of a conditional use permit that it deems necessary to address any of the following conditions or other applicable conditions not herein listed. Conditions as to the permit’s duration, transfer, or renewal may also be included. All conditions must be reasonable and, to the extent practicable, measurable. Any condition imposed must be related to the purpose of the evidence and be based on substantial evidence.
1. Minimize any adverse impact of the development upon other land, including the hours of use and operation and the type and intensity of activities that may be conducted;
2. Control the sequence of development, including when it must be commenced and completed;
3. Control the duration of use of development and the time within which any structures must be removed;
4. Ensure that development is maintained properly in the future;
5. Designate the exact location and nature of development; and
6. Establish more detailed records by submission of drawings, maps, plats, or specifications.
Conditional Use Permit Void.
1. In any case where the holder of a conditional use permit issued under this ordinance has not instituted the use or begun construction within one year of the date of approval, the permit shall be null and void.
2. Any use, for which a conditional use permit has been issued, upon its cessation or abandonment for a period of one year, will be deemed to have been terminated and any future use shall be in conformity with this ordinance.
Revisions to an Approved Conditional Use Permit. Revisions to an approved conditional use permit shall follow the same procedure stated in Section 3.9 Conditional Use Permit, Subsections A. – D.
Definition. “Substantial evidence” as used in this Section means facts and information, other than mere personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.

3.10 Variance

Applicability. The Zoning Board of Appeals shall have the authority to hear and grant requests for area variances and use variances from the provisions of this Ordinance, except as otherwise specified in this Ordinance.
Review Process.
1. Pre-application meeting. If a proposed development requires the approval of a variance, then the property owner or their designated agent is encouraged to request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a variance may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
6. Review the application, considering the approval criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements; and
8. Within ninety (90) days of the City’s receipt of a complete application, the Zoning Board of Appeals shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section unless the deadline for action is extended pursuant to In granting any provision under this Section, the Zoning Board of Appeals shall designate such conditions that will secure substantially the objectives of the regulations or provisions in the application of which the variance is granted as to light, access to direct sunlight for solar energy systems, air, character of the neighborhood, conformity to the Comprehensive Plan, and, generally, the public health, safety, comfort, convenience, and general welfare.
9. Approval or approval with conditions shall require an affirmative vote of four (4) or more of the members of the Zoning Board of Appeals.
Approval Criteria.
1. Area variance. No area variance from the provisions of this Ordinance shall be authorized unless all of the following facts and conditions exist:
  1. Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.
2. Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.
3. Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, including, but not limited to, the use of solar energy systems. .
4. Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
5. General nature. No variance shall be authorized unless the Zoning Board of Appeals specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.
6. Minimum variance required. The Zoning Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Zoning Board of Appeals shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.
7. Unnecessary hardship. No variance shall be granted unless the property owner can show that compliance with the strict letter of the restrictions governing area, setbacks, frontage, height, bulk, or density would unreasonably prevent the owner from using the property for a permitted purpose or would render conformity with such restriction unnecessarily burdensome. Furthermore, no variance shall be granted unless the property owner can show that the condition causing such unnecessary hardship is unique to the property for which a variance has been applied. The unique condition is one that is not a condition in common with neighboring properties and relates not to the owner, but to the physical characteristics of the property, such as slope, soil type, or wetlands.
8. Use Variance. No use variance from the provisions of this Ordinance shall be authorized unless all of the conditions and facts exist:
  1. Exceptional circumstances. That there are exceptional or extraordinary circumstances or conditions applying to the property in question or to the intended use of the property that do not apply generally to other properties or classes of uses in the same zoning district.
9. Natural causes. That the alleged difficulty or hardship has not resulted from the actions of the applicant.
10. Preservation of property rights. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same zoning district and in the same vicinity, including, but not limited to, the use of solar energy systems.
11. Absence of detriment. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purposes of this Ordinance or the public interest.
12. General nature. No variance shall be authorized unless the Zoning Board of Appeals specifically finds that the condition, situation, or intended use of the subject property is not so general or recurrent in a nature as to make reasonably practicable the formulation of a general regulation to cover such cases.
13. Minimum variance required. The Zoning Board of Appeals shall find that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Zoning Board of Appeals shall be satisfied by the evidence heard before it that the granting of such variance will alleviate a hardship approaching confiscation as distinguished from a special privilege sought by the owner.
14. Unnecessary hardship. No variance shall be granted unless the property owner can show that without the requested variance, the property has no reasonable use of the property. No variance shall be granted unless can show that the condition preventing any reasonable use of the property is unique to the property for which the variance has been applied. The unique condition is one that is not a condition in common with neighboring properties and relates not to the owner, but to the physical characteristics of the property, such as slope, soil type, or wetlands.
Variance Granted Void. If the action authorized by a granted variance is not commenced or completed by the specified date in the Zoning Board of Appeals’ decision, the variance shall be null and void.

3.11 Appeal Of An Administrative Decision

Applicability.
1. General applicability. The Zoning Board of Appeals shall hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this Ordinance. In exercising its authority under this Section, the Zoning Board of Appeals may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
2. Special procedures for appeal of certain administrative decisions. Due to the special requirements of specific zoning districts, appeals of administrative decisions relating to the following shall comply with the provisions specified below:
  1. Floodplain Overlay District. An appeal of an administrative decision relating to the Floodplain Overlay District shall be pursuant to Section 3.12: Appeals, Variances, and Boundary Disputes relating to the Floodplain Overlay District; and
3. Wetland Overlay District. An appeal of an administrative decision relating to the Wetland Overlay District shall be pursuant to Section 3.13: Appeals, Variances, and Conditional Use Permits relating to the Wetland Overlay District.
Review Process.
1. Initiation. Within thirty (30) days after the date of the administrative decision (unless specified otherwise elsewhere in this Ordinance), appeal of an administrative decision may be initiated by any person aggrieved by the administrative decision, or any officer, department, commission, or board of the City affected by the decision.
2. Pre-application meeting. The aggrieved person may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A request for an appeal of an administrative decision shall be made in writing to the Zoning Administrator or Designated Authorized Agent. The request shall provide sufficient information for the Zoning Board of Appeals to make an informed and just decision.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
  2. After receipt of a request for an appeal of an administrative decision, the Zoning Administrator or Designated Authorized Agent shall review the evidence and make a report of the facts to the Zoning Board of Appeals; and
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
6. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
7. Within ninety (90) days of the City’s receipt of a complete application, the Zoning Board of Appeals shall consider the evidence and with an affirmative vote of four (4) or more members, may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official. The deadline for action may be extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
Approval Criteria. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.

3.12 Appeals, Variances, And Boundary Disputes In The Floodplain Overlay

Applicability. The Zoning Board of Appeals shall hear and decide the following as they relate to the Floodplain Overlay:
1. Appeal. An appeal of an administrative decision that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the provisions of the Floodplain Overlay.
2. Variance. Variance requests from the provisions of the Floodplain Overlay.
3. Boundary dispute. Resolution of floodplain boundary disputes.
Review Procedures.
1. Initiation. Initiation of an appeal of administrative decision (within thirty (30) days after the date of the administrative decision), variance, or boundary dispute resolution may be made upon application of the property owner or their designated agent.
2. Pre-application meeting. The property owner or their designated agent may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements. In addition to the noticing requirements specified in Section 3.1, F., a notice of the request shall be sent to the Regional Office of the Wisconsin Department of Natural Resources at least ten (10) days in advance of the public hearing; and
6. Review the application, considering the approval for criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
8. Within ninety (90) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to the Zoning Board of Appeals, with an affirmative vote of four (4) or more members, shall take action on any of the following as applicable:
  1. Appeal of an administrative decision. The Zoning Board of Appeals shall reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
  2. Variance. The Zoning Board of Appeals may make a finding of fact and shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section. When a floodplain variance is granted, the Zoning Board of Appeals or Designated Authorized Agent shall notify the applicant in writing that it may increase flood insurance premiums and risks to life and property. A copy of the notice shall be maintained with the variance record.
  3. Boundary Dispute. The Zoning Board of Appeals shall affirm the validity of the boundaries of the official floodplain map or may direct the Plan Commission and Common Council to amend the boundaries of the floodplain pursuant to Section 3.6: Map and/or Text Amendment to the Floodplain Overlay District.
Approval Criteria.
1. Appeal. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.
2. Variance.
  1. The Zoning Board of Appeals may grant of variance from the provisions of the Floodplain Overlay pursuant to Section 3.10, C.: Variance - Approval Criteria. In addition, in order to approve a variance, an applicant must convincingly demonstrates the following:
    1. Literal enforcement of the provisions of the Floodplain Overlay will cause unnecessary hardship;
    2. The hardship is due to the adoption of the provisions of the Floodplain Overlay and unique property conditions, not common to the adjacent parcels or property. In such case the Ordinance and/or map must be amended pursuant to the procedures of this Ordinance;
    3. The variance is not contrary to the public interest; and
    4. The variance is consistent with the intent of the Floodplain Overlay.
3. In addition to the criteria above, to qualify for a variance under the Federal Emergency Management Agency (FEMA) regulations, the following criteria must be met:
  1. The variance may not cause any increase in the regional flood elevation;
  2. Variances can only be granted for parcels that are less than one-half acre and are contiguous to existing structures constructed below the regional flood elevation; and
  3. Variances shall only be granted upon showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risk to public safety or nuisances, shall not increase costs for rescue and relief efforts, and shall not be contrary to the intent of the Floodplain Overlay.
4. 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 that is self-created;
  4. Damage the rights or property values of other persons in the area;
  5. Allow actions without the amendments to this Ordinance or map(s) pursuant to the provisions of the Floodplain Overlay; and
  6. Allow any alteration of a historic structure, including its use, which would preclude its continued designation as an historic structure.
5. Boundary dispute.
  1. If a floodplain boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. If none exist, other evidence may be examined.
6. In all cases, the person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Zoning Board of Appeals.

3.13 Appeals And Variances In The Wetland Overlay

Applicability. The Zoning Board of Appeals shall hear and decide the following as they relate to the Wetland Overlay:
1. Appeal. An appeal of an administrative decision that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of the provisions of the Wetland Overlay. In exercising its authority under this Section, the Zoning Board of Appeals may reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
2. Variance. Any variance from the provisions of the Wetland Overlay shall be permitted only after the approval of the Zoning Board of Appeals.
Review Procedures.
1. Initiation. Initiation of an appeal of administrative decision, or a request for a variance relating to the Wetland Overlay may be made upon application of the property owner or their designated agent.
2. Pre-application meeting. The property owner or their designated agent may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 1.: Pre-application Meeting.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Notice a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements. In addition to the noticing requirements specified in Section 3.1, F.: Public Hearing and Noticing Requirements, a notice of the request shall be sent to the Regional Office of the Wisconsin Department of Natural Resources at least ten (10) days in advance of the public hearing; and
6. Review the application, considering the approval for criteria, and prepare a report to the Zoning Board of Appeals with a recommendation for final action.
7. Zoning Board of Appeals final action. The Zoning Board of Appeals shall complete the following tasks:
  1. Conduct a public hearing pursuant to Section 3.1, F.: Public Hearing and Noticing Requirements.
8. Within ninety (90) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to the Zoning Board of Appeals, with an affirmative vote of four (4) or more members, shall take action on any of the following as applicable:
  1. Appeal of an administrative decision. The Zoning Board of Appeals shall reverse or affirm, in whole or in part, or modify the administrative official’s order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the Zoning Board of Appeals has the same authority as the administrative official.
  2. Variance. The Zoning Board of Appeals shall take action to approve, approve with conditions, or deny the variance request based on the approval criteria specified in this Section.
Approval Criteria.
1. Appeal. In determining whether an administrative official’s actions were appropriate, the Zoning Board of Appeals shall consider the details of the case presented by the Applicant and the administrative officials, and the Board shall consider the requirements of this Ordinance. All findings of fact and conclusions shall be based on reliable evidence.
2. Variance. The Zoning Board of Appeals may approve in specific cases, such variances from the terms of this Ordinance as shall not be contrary to the public interest, where owning to special conditions, a literal enforcement of this Ordinance will result in unnecessary hardship. The approval criteria shall be as specified in Section 3.10, C.: Variance - Approval Criteria.

3.14 Discontinuance Or Vacation Of A Public Way

Applicability. By property owner petition or by a Common Council resolution, a public right-of-way may be discontinued or vacated in its entirety or in part pursuant to the provisions City of Ashland Ordinance 618 and Section 66.1003 of the Wisconsin Statutes.

3.15-3.19 (Reserved)

(Reserved for future applications requiring a public hearing.)

3.20 Site Plan Approval

Intent and Applicability.
1. Intent. The provisions of this Section are intended to establish appropriate procedure for development that has the potential to create moderate to significant impacts on areas surrounding the site or in the community. More specifically, site plan approval is required for the following reasons:
  1. Provide the Plan Commission with a clear understanding of the proposed development before construction is started;
2. Determine how the project relates to nearby land uses;
3. Ensure that the provisions of this Ordinance are fully complied with;
4. Ensure that the development can be adequately served by public utilities as may be required;
5. Determine the impact of the project on public facilities, such as streets, utilities, parks, schools, drainage, and other public services; and
6. Identify adverse environmental issues and develop appropriate plans to avoid, reduce or offset environmental impacts.
7. Applicability. Site plan approval is required for all development, except that the following shall not require site plan approval, but may require a development permit, building permit, and/or other applicable approvals as specified in this Ordinance. The Zoning Administrator or Designated Authorized Agent may require submittal of a site plan for approval by the Plan Commission if the proposed development activity has the potential of having a major impact on the property, neighboring parcels or the community.
  1. The development activities described in Section 3.1, B., 3.: General Types of Development – Exempt Activities.
  2. New, remodeled, or additions for single or two-family residential uses and accessory structures.
  3. Minor nonresidential development including but not limited to:
    1. Construction, reconstruction, or addition of a fence regulated under Section 6.5: Fences which is one hundred (100) linear feet in length feet or less and is eight feet or less in overall height.
    2. Construction of detached accessory structures one thousand (1000) square feet or less, or principal structure expansions 15% or less of the principal structure’s total area before the expansion.
    3. Handicap access/ramp.
    4. Grading, filling, or paving pursuant to Section 6.1, H.: Grading, Filling, and/or Excavation.
    5. Landscaping structures, raised beds and related enhancements added to existing lawful uses.
    6. Changes in the use of land and structures meeting other applicable criteria of this sub-paragraph and this ordinance.
  4. Other development activities that, in the judgment of the Zoning Administrator or Designated Authorized Agent, would have minimal impact on the site, its surroundings, and the broader community, and for which the City would not significantly benefit by having public review of the proposed development. Such development activities may include, but shall not be limited to a vestibule addition to an existing building, minor changes to the exterior of the building (for example, roofing, siding, additional doors, windows, or dormers), minor changes to parking and circulation, and similar types of development.
8. Further actions on the subject property. No person shall commence any use, erect any structure, obtain a development permit, or file a condominium plat with the Ashland County Register of Deeds without first obtaining site plan approval as set forth in this Section. No use shall be carried on and no structure erected or enlarged, except as shown upon an approved site plan.
Review Process.
1. Pre-application meeting. The property owner or their designated agent is encouraged to request a pre-application meeting pursuant to Section 3.1, D., 1.: Pre-application Meeting for any proposed development that is expected to have significant impact on areas surrounding the site or in the community.
2. Initiation. Initiation of site plan approval may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application for Site Plan Approval for sites with more than five thousand (5,000) square feet of proposed impervious surface shall be submitted with a digital copy of the full site plan set. The application shall include the following information as applicable or as directed by the Zoning Administrator or Designated Authorized Agent:
  1. Site plan. A site plan drawn to a scale not smaller than one inch equals one hundred feet (1” = 100’). The site plan shall be certified by a registered land surveyor, professional engineer, planner, or architect and shall show the following:
    1. The name, address, and telephone number of the owner, developer, and designer;
    2. A legal description of the site;
    3. The location and dimension of the site parcel lines. Adjacent parcel lines within one hundred (100) feet shall also be shown;
    4. All required setbacks. Indicate with a dashed line and label the required and proposed setback dimensions;
    5. All existing and proposed right-of-ways and public easements adjacent to and within the site. Label the widths of all right-of-ways and easements;
    6. All existing and proposed street improvements including streets, alleys, curbs, sidewalks, and trails. Identify connections to existing and proposed sidewalks and trails for pedestrian and bicycle circulation. Label proposed bicycle facilities and the widths of pedestrian facilities and other improvements;
    7. Existing and proposed driveways, parking spaces, and loading spaces. Indicate the direction of travel for one-way drives and inside radii for all curves. The dimensions of driveways and parking spaces shall be noted. The total number of parking spaces required and provided shall be listed. Identify areas for snow stacking and storage;
    8. The shape, size, location, height, and floor area of all structures, and the main and basement floor grades;
    9. Existing and proposed grades, drainage systems, and structures with topographic contours at intervals not exceeding two (2) feet;
    10. Natural features such as mature vegetation, wooded areas, drainage ways, wetlands, floodplains, streams, lakes, and ponds with indication as to which are to be retained an which removed or altered;
    11. All existing and proposed signage on the site;
    12. Existing or proposed septic systems, drain fields, tanks, and wells, if applicable; and
    13. Any additional information as required by the Zoning Administrator or Designated Authorized Agent, or the Plan Commission.
4. Vicinity plan. A vicinity plan showing the location of the site in relation to the street system and neighborhoods. Label the land uses and ownerships of adjacent properties.
5. Utilities plan.
  1. The size and location of all existing and proposed public and private utilities. Note which utilities are above ground and below ground.
  2. The anticipated resident population contained within the project or the number of employees anticipated to be generated by the project. The estimated daily volumes or use of public utilities by the project shall be identified.
  3. Provide calculations to determine the projected demand for water including the requested water meter size. Describe how new or existing mains will meet this projected demand.
  4. If new impervious surfaces will be added, provide storm water calculations to document that that the existing storm sewer can properly dispose of the increased flows. Show any onsite retention systems that will be utilized to control the influx into the storm sewer. Describe how any onsite retention systems will be maintained following project completion.
  5. Fire protection strategies showing a knox box, fire alarm system, standpipes, and other fire protection systems. For the Fire Department’s pre-fire planning of the site and structure’s layout, the applicant shall provide a digital copy (in a .dxf or .dwg format) of the following plans:
    1. Building Floor Plan Layout, including: exterior dimensions of the building; floor plan with room names & numbers identified (if applicable); doors; windows; stairways; location of hazardous materials storage areas; location of water utility service connection to the building; location of fire department connection, knox box, alarm panel, and annunciator panel.
    2. Building Elevations.
    3. Site Plan, including: adjacent streets; property boundaries; building footprints; parking areas; driveways/internal streets; location of natural gas and electric connections to the building; location of hazardous materials storage areas; location of water utility service line & connection to building; locations of fire department connection, knox box, alarm panel, and annunciator panel.
6. Landscaping, buffers, and screening. A landscape plan, illustrating the existing and proposed landscaping, shall be provided as specified in Section 6.4: Landscaping, Buffers, and Screening.
7. Architectural plans. These drawings and plans should show sufficient detail to indicate the architectural design of the proposed buildings, but all design and construction details are not required at this stage.
  1. Architectural renderings and general floor plans shall be provided for all new buildings.
  2. Show all existing and proposed exterior building lighting and signs.
  3. Indicate existing and proposed materials and colors.
8. Lighting plan. A lighting plan showing the lighting of parking areas, walkways, driveways, and onsite security lighting shall be provided. If the project is adjacent to residential uses, the method of shielding light from the residential properties and the intensity of light levels around the site and at the parcel lines shall be provided.
9. Additional information. Provide an erosion control plan, phasing plan, economic impact statement, and all other information as determined by the Plan Commission, Zoning Administrator, or Designated Authorized Agent necessary to accomplish compliance with this Ordinance and other applicable laws and regulations.
10. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following review tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
11. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices; and
12. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
13. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices.
14. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for site plan approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
15. Approval or approval with conditions of a site plan shall require an affirmative vote of the majority of the entire Plan Commission.
Approval Criteria. In determining whether to approve, approve with conditions, or deny a request for site plan approval, the Plan Commission shall consider all relevant factors specified in all applicable sections of this Ordinance, including standards for specific requirements for certain land uses and activities. In addition, the following approval criteria shall apply:
1. Consistency with the Comprehensive Plan. The relationship of the proposed use to the goals, objectives, and policies of the City of Ashland Comprehensive Plan.
2. Project compatibility. The compatibility of the proposed use with existing development within two hundred (200) feet of the proposed use and within five hundred (500) feet along the same street and development anticipated in the foreseeable future within the neighborhood and conditions that would make the use more compatible.
3. Site design.
  1. Site organization. The organization of buildings, driveways, parking areas, open spaces, pedestrian facilities, landscaping, fences, lights, signs, and other structures should achieve a functional, safe, and harmonious site relationship. At the same time, the site organization should be compatible with existing positive characteristics of the site.
4. Location of buildings. The setback of buildings from streets, the spacing between buildings, and arrangement of buildings shall be considered in relation to the prevailing development in the area.
5. Drives, parking, and circulation. Special attention shall be given to limiting the number of vehicular access points and their location, general onsite vehicular circulation, separation of pedestrian and vehicular traffic flows, and the arrangement of parking areas that are safe and convenient. The screening and landscaping of parking lots shall be addressed to minimize the visual impacts. Provisions for adequately addressing pedestrian access, handicapped accessibility, bicycles, and transit shall be considered as appropriate.
6. Grading and drainage. The existing and proposed grades and drainage patterns are to be reviewed to ensure that proper storm water drainage can occur.
7. Utility service. The installation of underground electric, telephone, and other utilities is encouraged wherever feasible. Remaining above ground utilities should be designed to have a harmonious relationship to neighboring properties and the site.
8. Views. Important views within the site and the immediate area as well as more distant scenic vistas shall be protected and enhanced with the new development.
9. Environmental issues. Issues pertaining to floodplains, wetlands, mature vegetation, and other sensitive environmental issues shall be thoroughly investigated as part of the site design.
10. Landscaping. The landscape shall be preserved in a natural state insofar as practicable be minimizing tree and soil removal. Grade changes shall be in keeping with the general appearance of the neighborhood area. Plant species and composition should be consistent with the City’s goals of urban forest management including preferred and prohibited species, and be compatible to the buildings on the site.
11. Signs. The size, location, design, color, texture, lighting, and materials of all signage shall be complimentary to the buildings on the site.
12. Lighting. All lighting shall be designed to avoid excessive illumination onto adjacent properties and public rights-of-way.
13. Building design. All buildings shall be designed to be compatible with existing adjacent structures. Factors to be reviewed include, but shall not be limited to, building heights, exterior materials, and building forms including roof shapes and pitches. Refer to Section 6.2: General Building and Site Design Guidelines.
14. Principles of sustainability. The building and site are generally consistent with the principles of sustainability specified in Section 1.4: Integration of Principles of Sustainability, when considered as a whole.
15. Failure to perform. No applicant or applicant related to said applicant shall be permitted to apply for, or be granted a building permit or site plan approval, so long as the applicant is in non-compliance with a previously issued building permit or previously approved site plan, whether or not the parcel, which is the subject of the new application, is the same or different from the site where the violations exist. The City may waive the provisions of this paragraph upon mutual written agreement between the applicant and the City.
16. Other factors. Other factors pertinent to the proposed use, site conditions, or surrounding area considerations that the Plan Commission feels are necessary for review in order to make an informed and just decision.

3.22 Historic Preservation Certificate Of Appropriateness

Applicability. The issuance of a historic preservation certificate of appropriateness is intended to ensure that the City of Ashland adequately safeguards its historic and cultural heritage as embodied and reflected in its designated historic structures, sites, and districts.

City of Ashland Ordinance 826 identified the process for the issuance of a historic preservation certificate of appropriateness.

3.23 Preliminary Plat

Applicability. Preliminary plat approval shall be required for any division of land or platting activity as described in Section 9.1: General Provisions of Land Divisions.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring the approval of a preliminary plat is encouraged to request a pre-application meeting with the Zoning Administrator, Public Works Director, or Designated Authorized Agent (and the Plan Commission, if beneficial) pursuant to the procedures described in Section 3.1, D., 1.: Pre-application Meeting. The pre-application meeting allows the owner to receive general feedback as to how the proposed preliminary plat is (or is not) in compliance with this Ordinance. The meeting also allows the owner to receive general information about the types and details of improvements that are required to be installed by and at the owner’s expense. Refer to Section 9.2, B.: Pre-application Meeting for Land Divisions, for submittal requirements.
2. Initiation. Initiation of a preliminary plat may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall include all the required information specified in Section 9.2, C.: Preliminary Plat.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Pursuant to Section 236.12 of the Wisconsin Statutes, submit the application to the required state agencies and the City Water and Wastewater Superintendent, the Fire Chief, the Police Chief, the Public Works Director, and the City Engineer for their review and comment;
6. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
7. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
8. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
9. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for preliminary plat approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
10. Approval or approval with conditions of a preliminary plat shall require an affirmative vote of the majority of the entire Plan Commission.
11. Approval of the preliminary plat is acceptance of the general layout and indicates to the applicant that he or she may proceed with fulfilling the necessary steps for approval of the final plat in accordance with the terms of approval. Such approval does not constitute approval of the final plat.
Approval Criteria. A preliminary plat shall be approved if it meets all of the following criteria:
1. The application is complete and the information contained within the application is correct and sufficient to allow adequate review and final action;
2. The preliminary plat is consistent with all applicable provisions of this Ordinance and state law;
3. The preliminary plat is consistent with the City’s Comprehensive Plan and any other adopted plans and standards as they relate to the following:
  1. The City’s current and future streets, sidewalks, bike lanes, alleys, parks, and public utility facilities; and
4. The extension, improvement, or widening of City roads, taking into account access to and extension of sewer, water and storm water mains and the instrumentality of public utilities;
5. The preliminary plat promotes public health, safety, and general welfare; furthers the orderly layout and use of land; provides a balanced density of land, provides beneficial street layout and traffic flows; provides for adequate light and air; facilitates adequate provisions for water, sewerage, storm water management, and other public requirements; provides for proper ingress and egress; and promotes proper monumenting of land subdivided and conveyancing by accurate legal descriptions;
6. The tract of land subject to the application is adequately served by public improvements and infrastructure (as required by this Ordinance), or will be adequately served upon completion by the applicant of required improvements; and
7. Where applicable, each preliminary plat shall include a schedule for phasing of improvements.

3.24 Final Plat

Applicability. Final plat approval shall be required within six (6) months of the last required approval of the preliminary plat. The final plat is essentially a complete version of the previously approved preliminary plat incorporating all the required changes and the final engineering diagrams and descriptions.
Review Process.
1. Optional pre-application meeting. The property owner or their designated agent may meet with the Zoning Administrator or Designated Authorized Agent to review the final plat requirements prior to submitting an application.
2. Initiation. Initiation of a final plat may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline. The application shall include all the required information specified in Section 9.2, D.: Final Plat.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Pursuant to Section 236.12 of the Wisconsin Statutes, submit the application to the required state agencies and the City Water and Wastewater Superintendent, the Fire Chief, the Police Chief, the Public Works Director, and the City Engineer for their review and comment;
6. Notice a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
7. Review the application, considering the approval criteria, and prepare a report to the Plan Commission with a recommendation for final action.
8. Plan Commission recommendation. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures Associated with Public Informational Meetings and Notices; and
9. Following the public informational meeting, take action to recommend that the Common Council approve, approve with conditions, or deny the request for final plat approval based on the approval criteria specified in this Section.
10. Common Council final action. The Common Council shall complete the following tasks:
  1. Within sixty (60) days of the City’s receipt of a complete application (unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action), the Common Council shall review the recommendations of the Plan Commission and others, and considering the approval criteria, approve or deny the final plat.
11. Approval of the final plat shall require an affirmative vote of the majority of the entire Common Council.
Approval Criteria. A final plat shall be approved if it meets all of the following criteria:
1. The application is complete and the information contained within the application is correct and sufficient to allow adequate review and final action; and
2. The final plat must be consistent with the approved preliminary plat and all of the approval criteria of the preliminary plat.

3.25 Public Art Permit

Applicability. It shall be unlawful for any person to erect, construct, enlarge, relocate, or structurally modify public art or cause the same to be done in the City of Ashland without first obtaining a public art permit pursuant to this Section and Section 5.6 I.: Public Art.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a public art permit may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a public art permit.
2. Initiation. Initiation of a public art permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the public art owner, the property owner where the public art is or shall be located, and the artist or contractor of the proposed public art.
4. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, and the location of the proposed public art and any existing public art on the parcel.
5. Calculations or evidence showing that the structure and design comply with the provisions of Section 5.6 I.: Public Art.
6. Evidence of liability insurance policy or bond as required herein.
7. A Historic Preservation Certificate of Appropriateness and/or approval from the Mural Art Walk Committee, if required.
8. Such other information as the Zoning Administrator or Designated Authorized Agent may require showing full compliance with the provisions of this Ordinance.
9. Signature of the applicant.
10. Payment of all required fees.
11. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
12. Review the application, considering the criteria for approval, and submit the application to other City Staff for their review and comment as necessary or desired.
13. Plan Commission final action. The Plan Commission shall complete the following tasks:
  1. Conduct a public informational meeting pursuant to Section 3.1, G.: General Procedures associated with Public Informational Meetings and Notices.
14. Within ninety (90) days of the City’s receipt of a complete application, the Plan Commission shall take action to approve, approve with conditions, or deny the request for public art approval unless the deadline for action is extended pursuant to Section 3.1, D., 5.: Limit of Time Relating to Final Action.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a public art permit when the permit application is properly made, all appropriate fees have been paid, approval has been granted by the Plan Commission and the public art complies with the applicable provisions of this Ordinance.

3.26-3.29 (Reserved)

(Reserved for future applications requiring a public informational meeting.)

3.31 Development Permit

Applicability. All development activities within the City of Ashland, as defined pursuant to Section 3.1, B., 2.: Development Defined, shall be conducted in accordance with the provisions of this Ordinance and only after a development permit is issued pursuant to the provisions of this Section.
General Provisions.
1. Effect of a development permit. The issuance of a development permit authorizes the applicant to commence development immediately upon the giving of notice by the City, but subject to any lawful conditions attached by the Common Council, the Plan Commission, the Zoning Board of Appeals, or Authorized Agents of the City. A development permit does not authorize occupancy.
2. Expiration of a development permit. If the work described in any development permit has not begun within six (6) months from the date of issuance, such permit shall expire. If the work had begun, but the work lied idle for a period of six (6) months or more the permit shall be void. An extension may be granted in writing by the Zoning Administrator or Designated Authorized Agent, if the work has not been substantially completed, as determined by the Zoning Administrator or Designated Authorized Agent, within one (1) year of the date of the permit issuance. A development permit may be extended for an additional six (6) months by the Zoning Administrator or Designated Authorized Agent due to weather related factors. No further work shall proceed where a development permit has expired or is void unless an extension is given or a new development permit has been issued.
3. Demolition. In the event that the work described in the development permit has begun, but has not been substantially completed within one (1) year of the date of issuance of a development permit, or if work has begun without a permit, then the Zoning Administrator or Designated Authorized Agent may order demolition of partially completed work.
4. Development permits must conform to be valid. All officials and employees of the City vested with the duty or authority to issue permits or licenses shall comply with the provisions of this Ordinance and shall not issue a permit or license for any uses, building, or purpose in conflict with the provisions of this Ordinance. Any permit or license issued in conflict with the provisions of this Ordinance shall be null and void and of no effect whatever.
Review Process.
1. Pre-application meeting. The property owner or their designated agent may meet with the Zoning Administrator or Designated Authorized Agent prior to submitting an application for a development permit to review the permitting procedures and the Ordinances.
2. Initiation. An application for a development permit may be initiated by a property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent, pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Staff review and final action. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness;
5. Within thirty (30) days of the date that a complete application is filed, considering the approval criteria, the Zoning Administrator or Designated Authorized Agent shall issue the development permit (with or without conditions) or notify the applicant in writing of his or her refusal to issue the development permit and the reasons thereof.
6. The Zoning Administrator or Designated Authorized Agent may attach to the development permit conditions relating to the following:
  1. Compliance with the plans and specifications submitted by the developer to the Zoning Administrator or Designated Authorized Agent;
  2. Time within which the development must be commenced or completed; and
  3. Protective measures that a developer must undertake for the benefit of neighboring property, such as the construction of fencing or the establishment of buffer areas.
7. One copy of the plans submitted with the application shall be returned to the applicant when such plans have been approved, together with any conditions of such approval, the signature of the Zoning Administrator or Designated Authorized Agent, and any development permit as may be granted. One copy of the plans, similarly marked, shall be retained by the Zoning Administrator or Designated Authorized Agent as a permanent record or until such time as the development no longer occupies the subject parcel.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a development permit if he or she finds that the development for which the development permit is sought constitutes a general development permitted by this Ordinance and consistent with the provisions of this Ordinance or a conditional development that was approved by the applicable approval body.

3.32 Building Permit

Applicability.
1. No building or structure or any part thereof shall hereafter be built, enlarged, altered, moved, or demolished, or any plumbing or electrical work commenced within the City of Ashland, except as exempted in Section 3.1, B., 3.: Exempt Activities or as exempted in this Section unless a building permit is first obtained from the Building Inspector or Designated Authorized Agent.
2. To the extent feasible, all police officers or other Authorized Agents of the City shall report at once to the Building Inspector or Designated Authorized Agent any building that they have been made aware of that is being erected, altered, moved, or wrecked without a building permit as required by this Ordinance.
3. It shall be unlawful to commence work on any building before a building permit has been issued as required by this Ordinance.
4. A building permit may not be required for exterior repairs or minor alterations that do not change the area, structural strength, or level of occupancy, fire protection, light, or ventilation, or the number of exits, or where the cost of repairs does not exceed the amount identified in the City of Ashland’s Comprehensive Fee Schedule.
5. Interior repair projects not exceeding the amount identified in the City of Ashland Comprehensive Fee Schedule shall not require a building permit. The cost of furniture and removable equipment/fixture shall not be included in the project cost.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a building permit may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a building permit.
2. Initiation. Initiation of a building permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Staff review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a building permit.
Approval Criteria. If the Building Inspector or Designated Authorized Agent finds that the proposed development complies with all applicable provisions of this Ordinance and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and shall issue a building permit, which shall be posted at the building site in a manner visible from the street.
Applicant’s Responsibilities.
1. No work for which a building permit is required shall be commenced until the building permit and all other applicable permits are issued.
2. Permit fees shall be doubled for all work commenced prior to the issuance of a permit.
3. New commercial projects may require periodic inspections by a State certified commercial building inspector.
4. The applicant shall request the required inspections associated with the building permit at the appropriate times. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Construction shall not proceed beyond the point of inspection until the inspection has been completed.
5. Before the building can be occupied, the applicant shall request the final inspection and the issuance of a certificate of occupancy as required.

3.33 Demolition Permit

Applicability. No building, structure, or part thereof (as determined by the Building Inspector or Designated Authorized Agent), shall be removed, razed or demolished without prior approval and/or a demolition permit. Any building or structure, or part thereof, to be moved to a new location shall require a permit pursuant to Section 3.34: Permit to Move a Building or Structure.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a demolition permit may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a demolition permit.
2. Initiation. Initiation of a demolition permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to the Zoning Administrator, Public Works Director, Fire Chief, Police Chief and other Designated Authorized Agents, and other government agencies for their review and comment as necessary or desired.
6. The Building Inspector or Designated Authorized Agent may require an application for demolition be reviewed and approved by the Plan Commission, if the proposed demolition will impact or has the potential to impact neighboring properties or City infrastructure.
7. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a demolition permit.
Approval Criteria. If the Building Inspector or Designated Authorized Agent finds that the proposed demolition complies with all applicable provisions of this Ordinance, including all applicable standards in Section 6.1, J.: Demolition and Moving of a Structure, and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and issue a demolition permit, which shall be posted at the building site in a manner visible from the street. A copy of the approved demolition permit shall be provided to the Police, Fire, Public Works and Planning & Development Departments. A copy of the permit may be provided to other governmental agencies or departments if applicable.
Applicants Responsibilities.
1. No work for which a demolition permit is required shall be commenced until the demolition permit and all other applicable permits are issued. If approvals or permits are required by other governmental agencies or departments, a letter of approval or a copy of the permits shall be provided to the Building Inspector or Designated Authorized Agent prior to issuance of a demolition permit.
2. Permit fees shall be doubled for any work commenced prior to the issuance of a permit.
3. The applicant shall request the required inspections associated with the demolition permit at the appropriate times, including inspections for properly abandoning utilities. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Demolition shall not proceed beyond the point of inspection until the inspection has been completed.

3.34 Permit To Move A Building Or Structure

Applicability. No building, structure, or part thereof (as determined by the Building Inspector or Designated Authorized Agent), shall be moved without prior approval and/or a permit to move a building or structure. Any building or structure, or part thereof, to be removed, razed or demolished shall require a demolition permit pursuant to Section 3.33: Demolition Permit.
Review Process.
1. Optional pre-application meeting. The property owner (or owner’s agent) of a project requiring a permit to move a building or structure may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining the permit.
2. Initiation. Initiation of a permit to move a building or structure may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees.
4. Review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to the Zoning Administrator, Public Works Director, Fire Chief, Police Chief or Designated Authorized Agents, and other government agencies for their review and comment as necessary or desired.
6. The Building Inspector or Designated Authorized Agent may require the application to move a building or structure be reviewed and approved by the Plan Commission, if the proposed relocation will impact or has the potential to impact neighboring properties or City infrastructure at the existing site or the proposed new location.
7. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a permit to move a building or structure.
Approval Criteria.
1. If the Building Inspector or Designated Authorized Agent finds that the proposed development complies with all applicable provisions of this Ordinance, including all applicable standards in Section 6.1, J.: Demolition and Moving of a Structure, and all applicable laws and lawful orders of the State of Wisconsin, he or she shall approve and shall issue a permit to move a building or structure, which shall be posted in a manner visible from the street in the following locations:
  1. At the existing site of the building or structure to be moved;
2. On the building or structure, or in a location accessible for viewing by local or state officials while in transit; and
3. At the proposed final location, if the building or structure is to be located within the City of Ashland.
  
  A copy of the approved permit to move a building or structure shall be provided to the Police, Fire, Public Works and Planning & Development Departments. A copy of the permit may be provided to other governmental agencies or departments if applicable.
Applicants Responsibilities.
1. No work for which a permit is required shall be commenced until the permit to move a building or structure and all other applicable permits are issued. If approvals or permits are required by other governmental agencies or departments, a letter of approval or a copy of the permits shall be provided to the Building Inspector or Designated Authorized Agent.
2. Permit fees shall be double for any work commenced prior to the issuance of a permit.
3. The applicant shall request the required inspections associated with the permit at the appropriate times, including inspection for properly abandoning utilities. Failure to call for the inspections at the appropriate times may require full or partial disassembly of the work to reveal covered work. Construction shall not proceed beyond the point of inspection until the inspection has been completed.
4. Before any building or structure to be located in the City of Ashland can be occupied, the applicant shall request the final inspection and the issuance of a certificate of occupancy as required.

3.35 Certificate Of Occupancy

Intent. The issuance of a certificate of occupancy is intended to ensure that new or expanded uses of a structure or site, as well as alterations of an existing structure or site, comply with all applicable provisions of this Ordinance and other applicable regulations of the City. A certificate of occupancy is also intended to provide the City with a record of each new or expanded use of a structure or site in Ashland.
Applicability. It shall be unlawful to use, occupy, or permit the occupancy of any new or expanded uses of a structure and/or site, as well as alterations of an existing structure or site, until the Building Inspector or Designated Authorized Agent of the City issues a certificate of occupancy for the use. Permanent connection of any building to any City of Ashland utility shall be prohibited without the issuance of a certificate of occupancy.
Review Process.
1. Application. Every application for a building permit shall be deemed an application for a certificate of occupancy. Every application for a certificate of occupancy for a new use or change in use of land or building shall be made directly to Building Inspector or Designated Authorized Agent. When a certificate of occupancy is required pursuant to this Ordinance, the property owner or their designated agent shall request issuance of a certificate of occupancy from the Building Inspector, or Designated Authorized Agent when the subject work is complete (or substantially complete) and ready for occupancy or use.
2. Approval criteria. The Building Inspector, or Designated Authorized Agent shall review the work and issue a certificate of occupancy if the work complies with the applicable provisions of this Ordinance and all other applicable City ordinances, all City building, housing, and health laws, and any applicable conditions of approval that may have been required pursuant to the development and approval process. Any lawful conditions of occupancy shall be attached to or referred to on the certificate of occupancy.
3. Record keeping. The Building Inspector, or Designated Authorized Agent shall maintain records of all certificates of occupancy and a copy shall be furnished upon request to any person upon payment of a reasonable fee to cover the City’s cost related to the request.
Temporary Certificate of Occupancy.
1. Approval criteria. The Building Inspector or Designated Authorized Agent may issue a temporary certificate of occupancy for a period not to exceed six (6) months during alteration or partial occupancy of a building, or pending its completion. Such temporary certificate of occupancy shall not be construed as in any way altering the respective rights, duties, or obligations of the property owner or the City, and shall not be issued except under such restrictions as needed to adequately ensure the safety of the occupants. The temporary certificate of occupancy shall only be issued for weather delays or other circumstances beyond the control of the property owner as determined by the Building Inspector, or Designated Authorized Agent.
2. Acceptance. Acceptance of a temporary certificate of occupancy implies consent to application of the financial guarantee to make completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied, but no action or inaction by the City in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy, or excuse any violation of this Ordinance. Any utility connection existing during the time of the temporary certificate of compliance shall terminate with the temporary certificate of occupancy.
3. Extension. The Building Inspector or Designated Authorized Agent may extend the time of a temporary certificate of occupancy for good cause. Such extension shall extend for the same period, the time for completion under the terms of any required bond.
Applicant’s Responsibilities. It shall be the applicant’s responsibility to request a final inspection and issuance of a certificate of occupancy.

3.36 Sign Permit

Applicability. It shall be unlawful for any person to erect, construct, enlarge, relocate, or structurally modify a sign or cause the same to be done in the City of Ashland without first obtaining a sign permit for each such sign pursuant to this Section and Section 6.6: Signs.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a sign permit may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed work and clarify the requirements for obtaining a sign permit.
2. Initiation. Initiation of a sign permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the sign owner, the property owner where the sign is or shall be located, and the sign contractor of the proposed sign.
4. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, and the location of the proposed sign and any existing signs on the parcel.
5. Calculations or evidence showing that the structure and design comply with the provisions of Section 6.6: Signs.
6. Evidence of liability insurance policy or bond as required herein.
7. Such other information as the Zoning Administrator or Designated Authorized Agent may require to show full compliance with the provisions of this Ordinance.
8. Signature of the applicant.
9. Payment of all required fees.
10. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
11. Review the application, considering the criteria for approval, and submit the application to other City Staff for their review and comment as necessary or desired.
12. Staff final action. Within fifteen (15) working days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for issuance of a sign permit. If a sign permit is denied, within fifteen (15) working days of the denial, the Zoning Administrator or Designated Authorized Agent shall set forth in writing the reasons for the denial.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall issue a sign permit when the permit application is properly made, all appropriate fees have been paid, and the sign complies with the applicable provisions of this Ordinance.

3.37 Bed And Breakfast Establishment Permit

Applicability. The development, operation, or management of a bed and breakfast establishment requires the issuance of a bed and breakfast establishment permit pursuant to this Section and may require a conditional use permit pursuant to Section 3.9: Conditional Use Permit.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, considering developing a bed and breakfast establishment is encouraged to request a pre-application meeting with the Zoning Administrator and other applicable City Staff and government agencies, pursuant to the procedures described in Section 3.1, D., 1.: Pre-application Meeting.
2. Initiation. Initiation of a request for a bed and breakfast establishment permit may be made upon application of the property owner or their designated agent and may be made simultaneously with the required application for a conditional use permit.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and Section 3.1, D., 3.: Application Deadline.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Upon satisfactory review of the application and, if required, upon approval of a conditional use permit for the bed and breakfast establishment, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of bed and breakfast establishment permit.
Approval Criteria. A bed and breakfast establishment permit shall be approved if it meets all of the following criteria:
1. A conditional use permit, if required, has been approved;
2. The bed and breakfast establishment is consistent with all conditions of the approved conditional use permit, if required; and
3. The bed and breakfast establishment meets all applicable provisions of this Ordinance and applicable provisions set forth in Chapter DHS 195 of the Wisconsin Administrative Code or Chapter DHS 197 of the Wisconsin Administrative Code.
Termination of Permit. A bed and breakfast establishment permit shall be void upon the sale or transfer of the property ownership. A permit issued in accordance with this Section shall be valid until terminated by action of the Zoning Administrator or Designated Authorized Agent for violation of the provisions of this Ordinance or violations of the provisions set forth in Chapter DHS 195 of the Wisconsin Administrative Code or Chapter DHS 197 of the Wisconsin Administrative Code.

3.38 Floodplain Certificate Of Compliance

Applicability. No land in the Floodplain Overlay District as specified in Section 4.50: F-O Floodplain Overlay District, shall be occupied or used, and no building that is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a Floodplain Certificate of Compliance is issued by the Zoning Administrator or Designated Authorized Agent, except where no development permit or building permit is required by this Ordinance.
Review Process.
1. Initiation. An application for a Floodplain Certificate of Compliance may be initiated by a property owner or their designated agent, concurrently with an application of a development permit.
2. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent, pursuant to Section 3.1, D., 2.: Application Forms and Fees.
3. Staff review and final action. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
4. Review the application, considering the approval criteria, and if all of the provisions of the Floodplain Overlay District are met, the Floodplain Certificate of Compliance shall be issued within thirty (30) days after written notification from the applicant that the permitted work is completed.
Approval Criteria. Approval of a Floodplain Certificate of Compliance shall be in accordance with the provisions specified in Section 4.50: F-O Floodplain Overlay District.
Additional Approvals. Approval of a Floodplain Certificate of Compliance signifies the application’s compliance with the provisions of the Floodplain Overlay District. Such approval shall not relieve the applicant from obtaining any other approvals that may be necessary for the proposed development including, but not limited to, those required by the United States Army Corp of Engineers under Section 404 of the Federal Water Pollution Control Act (Clean Water Act).

3.39 Certified Survey Map Without Public Dedication

Applicability. Whenever a division of land is proposed, but an insufficient number of parcels or parcels of size such that a platted subdivision is not required by Section 9.1, C.: Types of Land Division, in lieu of a platted subdivision, such division of land shall be accomplished by a certified survey map in compliance with the provisions of Section 236.34 of the Wisconsin Statutes and this Ordinance. If the proposed certified survey map does not involve dedications to the public, the certified survey map may, at the discretion of the Zoning Administrator or Designated Authorized Agent, be reviewed and approved administratively pursuant to this Section. If the proposed certified survey map involves dedication to the public, it shall be reviewed by the Plan Commission and approved by the Common Council following the general procedures relating to plat review and approval.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, of a proposed division of land that is intended to be accomplished by a certified survey map may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent and other applicable City Staff, to review the proposed division of land and clarify the requirements for obtaining approval of a certified survey map.
2. Initiation. Initiation of a certified survey map may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees and the required information specified in Section 9.2, E.: Certified Survey Map.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the criteria for approval, and submit the application to other City Staff and government agencies for their review and comment as necessary or desired.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of a certified survey map.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall approve a certified survey map when the application is properly made, all appropriate fees have been paid, and the certified survey map complies with the applicable provisions of this Ordinance and state law.

3.40 Erosion And Sediment Control Plan

Applicability. No land disturbing construction activity as specified in Section 8.2, A., 4: Applicability shall commence without receiving prior approval of an erosion and sediment control plan for the site and all other applicable approvals and permits.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, on any site on which land disturbing construction activity is proposed to occur is encouraged to request a pre-application meeting with the Public Works Director or Designated Authorized Agent to review the proposed land disturbing construction activity and clarify the requirements for receiving the necessary approvals.
2. Initiation. Initiation of an erosion and sediment control plan may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Public Works Director or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include all the required information specified in Section 8.2, D.: Erosion and Sediment Control Plan and Permitting Requirements.
4. Staff review. The Public Works Director or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Public Works Director or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of the erosion and sediment control plan.
Approval Criteria. The Public Works Director or Designated Authorized Agent shall approve an erosion and sediment control plan when the application is properly made, all appropriate fees have been paid, and the erosion and sediment control plan complies with the applicable provisions as specified in Section 8.2: Construction Site Erosion Control (and elsewhere in this Ordinance) and state law.

3.41 Storm Water Management Plan

Applicability. No land disturbing construction activity as specified in Section 8.3, A., 4: Applicability shall commence without receiving prior approval of a storm water management plan for the site and all other applicable approvals and permits.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, on any site on which land disturbing construction activity is proposed to occur is encouraged to request a pre-application meeting with the Public Works Director or Designated Authorized Agent to review the proposed land disturbing construction activity and clarify the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a storm water management plan may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Public Works Director or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include all the required information specified in Section 8.3, D.: Storm Water Management Plan and Permitting Requirements.
4. Staff review. The Public Works Director or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Public Works Director or Designated Authorized Agent shall approve, approve with conditions, or deny the request for approval of the storm water management plan.
Approval Criteria. The Public Works Director or Designated Authorized Agent shall approve a storm water management plan when the application is properly made, all appropriate fees have been paid, and the storm water management plan complies with the applicable provisions as specified in Section 8.3: Post Construction Storm Water Management (and elsewhere in this Ordinance) and state law.

3.42 Right-Of-Way Permit

Applicability. All private utilities, private contractors and property owners shall obtain a right-of-way permit from the Public Works Director or Designated Authorized Agent prior to digging, excavating, trenching, augering, jacking, or other work requiring a right-of-way permit, within any street or alley right-of-way. Refer to City of Ashland Ordinance 501 for more information.

3.43 Fence Permit

Applicability. No fence, gate, or wall (except those specifically exempted by Section 6.5: Fences) shall be constructed without first having obtained an approved fence permit from the Building Inspector or Designated Authorized Agent.
Review Process.
1. Pre-application meeting. Any person or entity wishing to construct a fence, gate, or wall may request a pre-application meeting with the Building Inspector or Designated Authorized Agent to review the proposed work and discuss the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a fence permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Building Inspector or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include the following supporting information:
  1. A plan at a scale of one inch equals twenty feet (1” = 20’) or greater, showing the location of any fences and landscaped areas in relation to structures and parcel lines;
  2. A description of the types of fencing materials to be used; and
  3. A drawing showing the height, footings, and design of the fences.
4. Staff review. The Building Inspector or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
5. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
6. Staff final action. Within fifteen (15) days of the City’s receipt of a complete application, the Building Inspector or Designated Authorized Agent shall approve, approve with conditions, or deny the request for a fence permit.
Approval Criteria. The Building Inspector or Designated Authorized Agent shall approve a fence permit when the application is properly made, all appropriate fees have been paid, and the proposed work complies with the applicable provisions as specified in Section 6.5: Fences.
Fence Permit Appealed. In the event that the Building Inspector or Designated Authorized Agent denies a fence permit application, the applicant may choose to appeal the denial decision to the Zoning Board of Appeals. Such appeal must be made in writing to the Zoning Administrator or Designated Authorized Agent within ten (10) working days of the denial.

3.44 Approval To Temporarily Place Items On Sidewalks

Applicability. No sales racks, tables, chairs, or other items shall be placed on City sidewalks without the permission of the City. Items that are intended to be placed on a sidewalk shall require approval from the Public Works Director or Designated Authorized Agent. Refer to City of Ashland Ordinance 501 for more information. This Section does not apply to newspaper racks, which are governed by City of Ashland Ordinance 934, or sidewalk signs, which are governed by Section 6.6. F., 8.: Sidewalk Signs.

3.45 Sign Permit For A Sidewalk Sign

Applicability. Pursuant to Section 6.6, F., 8.: Sidewalk Sign, no sidewalk sign shall be allowed without the issuance of a sign permit pursuant to this Section.
Review Process.
1. Optional pre-application meeting. The property owner, or their designated agent, requiring a sign permit for a sidewalk sign adjacent to their property may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed sign and clarify the requirements for obtaining a sign permit.
2. Initiation. Initiation of a sign permit may be made upon application of the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall contain the following information:
  1. The name, address, and telephone number of the sign owner, the property owner, and the sign contractor of the proposed sign.
  2. Clear and legible scale drawings showing the construction, size, dimensions, materials to be used, colors, and the location of the proposed sign and any existing signs on the parcel.
  3. Site sketch showing the location of the proposed sidewalk sign in relation to parcel lines, buildings, and the sidewalk and street.
  4. Such other information as the Zoning Administrator or Designated Authorized Agent may require showing full compliance with the provisions of this Ordinance.
  5. Signature of the applicant on the sign permit.
  6. Signature of the applicant on a hold harmless agreement.
  7. Payment of all required fees.
4. Staff review. The Zoning Administrator or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the application, considering the criteria for approval, and submit the application to the Public Works Director and Police Chief or Designated Authorized Agent for their review and approval as necessary or desired.
5. Staff final action. Within fifteen (15) working days of the City’s receipt of a complete application and upon satisfactory review of the application, the Zoning Administrator or Designated Authorized Agent (and where applicable, the Public Works Director and Police Chief or Designated Authorized Agent) shall approve, approve with conditions, or deny the request for issuance of a sign permit for a sidewalk sign. If a sign permit for a sidewalk sign is denied, within fifteen (15) working days of the denial, the Zoning Administrator or Designated Authorized Agent shall set forth in writing the reasons for the denial.
Approval Criteria.
1. The Zoning Administrator or Designated Authorized Agent shall issue a sign permit for a sidewalk sign when the permit application is properly made, all appropriate fees have been paid, and the sign complies the provisions of Section 6.6, F., 8., Sidewalk Sign.
2. The Zoning Administrator or Designated Authorized Agent shall deny an application for a sign permit for a sidewalk sign if it is inconsistent with the provisions of this Ordinance. Reasons for denial may include, but shall not be limited to, the following:
  1. The sign material does not comply with the allowable material types;
  2. The sign design or construction is not compatible with its surroundings;
  3. The sign does not encourage a positive business atmosphere; and/or
  4. The sign exceeds the allowable size.
Revocation of Sidewalk Sign Permit.
1. The Zoning Administrator or Designated Authorized Agent may elect to revoke a permit for a sidewalk sign that is in violation of this Ordinance. Reasons for a revocation may include, but shall not be limited to, the following:
  1. The location, installation, or construction of the sign presents a safety hazard or is different than what was indicated on the application;
  2. The sign is being displayed outside the allowable hours for display; and/or
  3. The sign is not appropriately stabilized or weighted to prevent unintentional movement.
2. Process for revocation of a sign permit. The process for the revocation of a sign permit associated with a sidewalk sign shall be as follows:
  1. The Zoning Administrator or Designated Authorized Agent shall issue a written warning specifying the violation and the allowable time to bring the violation into compliance.
  2. If the violation is not brought into compliance by the time allowed by the Zoning Administrator or Designated Authorized Agent, the permit shall be revoked and may not be renewed until the next calendar year.
  3. Under circumstances in which, a sidewalk sign presents an immediate public safety hazard, as determined by the Zoning Administrator or Designated Authorized Agent, the immediate removal of the sign may be ordered. If the owner fails to remove the sign, the Zoning Administrator or Designated Authorized Agent may physically remove the sign. Upon removal of the illegal sign, the owner of the sign shall be given thirty (30) days in which to salvage the sign upon payment of a ten dollar ($10.00) removal fee and a five dollar ($5.00) fee per day for storage. If not salvaged, the sign may be disposed of as deemed appropriate.

3.46 Keeping Of Animals Permit

Applicability. It shall be unlawful to keep, on any property located in the City of Ashland, family farm animals identified in Section 5.6, C.: Keeping of Animals (excluding those specifically exempted) without first having obtained an approved Keeping of Animals permit from the Zoning Administrator and Animal Control Officer or Designated Authorized Agent.
Review Process.
1. Pre-application meeting. Any person or entity wishing to request the keeping of family farm animals may request a pre-application meeting with the Zoning Administrator or Designated Authorized Agent to review the proposed request and discuss the requirements for receiving the necessary approvals.
2. Initiation. Initiation of a keeping of animals permit may be made upon application by the property owner or their designated agent.
3. Application submittal. A complete application shall be submitted to the Zoning Administrator or Designated Authorized Agent pursuant to Section 3.1, D., 2.: Application Forms and Fees. The application shall include the following supporting information:
  1. A site sketch showing:
    1. Parcel lines and dimensions;
    2. Location of all existing buildings, structures and setbacks from parcel lines;
    3. Location of all occupied principal buildings on neighboring parcels within one hundred (100) feet;
    4. All streets avenues, alleys and other rights-of-way;
    5. Location of proposed shelters, coops, hives, fencing or other structures proposed to be used; and
    6. Location of flyway barriers (for beekeeping).
  2. A description, drawing and/or photos of the building and/or fencing materials to be used;
4. Staff review. The Zoning Administrator and Animal Control Officer or Designated Authorized Agent shall complete the following tasks:
  1. Determine if the application is complete pursuant to Section 3.1, D., 4.: Application Completeness; and
  2. Review the application, considering the approval criteria, and submit the application to other City Staff and government agencies as may be necessary for their review.
5. Staff final action. Within thirty (30) days of the City’s receipt of a complete application, the Zoning Administrator and Animal Control Officer or Designated Authorized Agent shall approve, approve with conditions, or deny the request for a keeping of animals permit.
Approval Criteria. The Zoning Administrator or Designated Authorized Agent shall approve a keeping of animals permit when the application is properly made, all appropriate fees have been paid, and the proposed work complies with the applicable provisions as specified in Section 5.6, C.: Keeping of Animals.
Permit Expiration and Fees. A keeping of animals permit shall be valid from the date of issuance to December 31 of the 3rd calendar year in which the permit was issued. A keeping of animals permit must be renewed each 3rd calendar year, prior to December 31 regardless of the date of issuance. Permit fees shall be identified in the City of Ashland Comprehensive Fee Schedule and shall be doubled for failure to obtain a permit. Permits for the keeping of animals shall be subject to review and renewal upon transfer of ownership of parcel or animals.
Revocation of a Keeping of Animals Permit.
1. Reasons for revocation. The Zoning Administrator and/or Animal Control Officer or Designated Authorized Agent may elect to revoke a permit for the keeping of animals that is in violation of this Ordinance. Reasons for a revocation may include, but shall not be limited to, the following:
  1. The location or installation of the animals and associated structures presents a safety hazard or is different than what was indicated on the application;
  2. The keeping of animals is creating a nuisance to occupants of nearby properties;
  3. The animals are not provided with adequate shelter, a secure enclosure, food or water;
  4. The shelter and/or enclosures are unsanitary or unsafe; and
  5. Other reasons not specifically stated that endanger the safety, health and welfare of the animals and/or citizens of the City.
2. Process for revocation of a keeping of animals permit. The process for the revocation of a keeping of animals permit shall be as follows:
  1. The Zoning Administrator, Animal Control Office or Designated Authorized Agent shall issue a written warning specifying the violation and the allowable time to bring the violation into compliance;
  2. If the violation is not brought into compliance by the time allowed, the permit shall be revoked and may not be renewed until the next calendar year or for three (3) months, whichever is later; and
  3. Under circumstances in which, the keeping of animals presents an immediate public safety hazard, as determined by the Zoning Administrator, Animal Control Officer or Designated Authorized Agent, the immediate removal of the animals may be ordered. If the owner fails to remove the animals, the Animal Control Officer or Designated Authorized Agent may physically remove the animals.

3.47-3.54 (Reserved)

(Reserved for future applications requiring administrative approval.)