2-101

AUTHORITY TO FILE APPLICATIONS. Unless otherwise expressly stated, any application required under this article may be filed by the Plan Commission, City Council or the owner of the subject property.

a.

If fee owner of the subject property has entered into a contract for the sale of the property, the contract purchaser shall be a co-petitioner on the application.

b.

In the case of a property that is the subject of a trust agreement, the trustee of such trust shall be the petitioner on the application.

c.

When the petitioner is a business entity doing business under an assumed name, the petition for application shall include the name and residence of all true and actual owners of the business or entity, provided that this requirement shall not apply to a corporation with more than 100 shareholders.

d.

When the petitioner is a partnership, joint venture, syndicate, or unincorporated voluntary association, the application shall include the names and addresses of all partners, joint ventures, syndicated members, or members of the unincorporated voluntary association.

2-102

FORM OF APPLICATION. Applications required under this chapter must be submitted in a form and in such numbers as required by the official responsible for accepting the application. Application forms and checklists of required submittal information are available from the official responsible for accepting the application.

2-103

APPLICATION FILING FEES.

a.

Applications must be accompanied by the fee that has been established by the City Council.

b.

Fees are not required with applications initiated by the City Council, Community Development Authority, or Plan Commission. (Am. #3761)

c.

Unless otherwise expressly stated in this chapter, application fees are nonrefundable.

2-104

APPLICATION COMPLETENESS. An application will be considered complete if it is submitted in the required number and form, includes all mandatory information and is accompanied by the applicable fee. A determination of application completeness shall be made within 14 days of application filing. If an application is determined to be incomplete, the Zoning Officer 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. If the deficiencies are not corrected by the applicant within 30 days, the application shall be considered withdrawn, and the application shall be returned to the applicant.

Summary of Development Review Procedures (Commentary)
(Am. #3761)

Notes:

2-105

NOTICES.

a.

Content. All notices required under this chapter shall:

1.

Indicate the time and place of the public hearing;

2.

Describe the property involved in the application by street address or legal description or location map;

3.

Describe the nature, scope and purpose of the application or proposal being advertised; and

4.

Indicate where additional information on the matter may be obtained.

b.

Newspaper Notice. When the provisions of this chapter require that notice be published in a newspaper, the City shall be responsible for preparing the content of the notice and for ensuring that the notice is published in the City's official newspaper, in accordance with Ch. 985, Wis. Stats. Class 1 notices must be published once, at least one week (7 days) before the hearing. Class 2 notices must be published twice, once in 2 consecutive weeks, the last notice of which is published at least one week (7 days) before the hearing.

c.

Written (Mailed) Notice. When the provisions of this chapter require that written or mailed notice be provided, the Zoning Officer shall be responsible for preparing and mailing the written notice. Written notices shall be mailed to the applicant and all property owners within 150 feet of the subject property, including all legal objectors. Ownership shall be determined from the records in the City Assessor's Office. Required written notices shall be mailed at least 7 days before the public hearing or date of other action advertised in the notice.

2-106

CONTINUATION OF PUBLIC HEARINGS. Whenever the provisions of this chapter require that a review or decision-making body take action on an application, the review or decision-making body shall be authorized to postpone action on the matter until a later date. A public hearing for which proper notice was given may be continued to a later date without again complying with the notice requirements of this chapter, provided that the continuance is set for a date and time certain which is announced at the time of the continuance. If a public hearing is tabled or deferred for an indefinite period of time or postponed more than 6 months from the date of the originally scheduled public hearing, public notice shall be required prior to the rescheduled public hearing.

2-107

ACTION BY DECISION-MAKING BODIES. Unless otherwise expressly stated in this chapter, decision-making bodies may take any action on an application that is consistent with any notice given, including, but not limited to, approving such application, approving the application with modifications or conditions or denying the application. The decision-making body may impose conditions on the application or allow amendments to the pending application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision-making bodies may not approve a greater density of development, a more intensive use, or a more intensive zoning district, than was indicated in the notice.

2-108

BURDEN OF PROOF OR PERSUASION. In all cases, the applicant shall have the burden of establishing that an application complies with applicable approval criteria.

2-109

CONDITIONS OF APPROVAL. (Am. #3761) In approving development applications, decision-making bodies shall be authorized to impose such conditions upon the premises benefited by the approval as may be necessary to reduce or minimize any potential adverse impact upon other property in the area as long as the condition relates to a situation created or aggravated by the proposed use, is roughly proportional to its impact, and is not otherwise prohibited by law.

2-110

POWERS AND DUTIES OF ZONING OFFICER. The Zoning Officer shall have all of the powers and duties expressly assigned by the zoning ordinance, including the following:

a.

Administering and enforcing the zoning ordinance;

b.

Interpreting the provisions of the zoning ordinance when called upon to do so;

c.

Obtaining access to and inspecting buildings, structures and uses of land to determine compliance with the zoning ordinance;

d.

Investigating alleged violations of the zoning ordinance;

e.

Maintaining permanent records of certificates of occupancy, zoning maps, water surface profiles, floodplain and shoreland-wetland elevations, zoning ordinances and amendments, zoning permits, conditional use permits, nonconforming uses, variances issued, work approved, inspections made, appeals to the Board of Appeals, applications for permits and variances, and records of other official action relating to the administration and enforcement of the zoning ordinance;

f.

Updating those records when necessary;

g.

Providing and maintaining a public information bureau relative to all matters arising out of the zoning ordinance;

h.

Reviewing the zoning ordinance periodically and recommending changes to the ordinance to the Plan Commission;

i.

Explaining the floodplain, shoreland-wetland and other zoning ordinances to persons applying for permits and assisting them in preparing their applications and appeal forms;

j.

Issuing shoreland-wetland, floodplain and other zoning permits, certificates of occupancy and certificates of compliance when appropriate;

k.

Reporting variances to the floodplain and shoreland-wetland zoning ordinances to the Wisconsin Department of Natural Resources within 10 days of the granting of the variance;

l.

Ordering corrective action and issuing municipal citations for violations of the zoning ordinance;

m.

Reporting violations to the Plan Commission and referring municipal citations to the City Attorney for enforcement action;

n.

Reporting violations of the floodplain and shoreland zoning ordinances to the Department of Natural Resources District Office;

o.

Submitting copies of amendments to floodplain maps, floodplain zoning ordinances and annual reports to the Federal Emergency Management Agency;

p.

Submitting copies of written decisions of the Board of Appeals and amendments to the floodplain and shoreland-wetland zoning regulations and maps to the appropriate district office of the Wisconsin Department of Natural Resources within 10 days after they are issued, enacted, granted or denied;

q.

Reviewing "Development Plans" for the Milwaukee Road Overlay District (MRO) described in Section 5-606 of the zoning ordinance;

r.

Reviewing plans submitted for Planned Unit Developments (PUDs) described in Section 2-401.

2-201

INITIATION OF AMENDMENT. Proposed amendments to the text of this chapter may be initiated only by the Plan Commission or City Council.

2-202

ZONING OFFICER'S REVIEW AND REPORT. The Zoning Officer shall review each proposed zoning ordinance text amendment and provide a report on the proposed amendment to the Plan Commission.

2-203

PUBLIC HEARING NOTICE. Class 2 Newspaper notice of the Plan Commission and City Council public hearings shall be provided in accordance with Section 2-105. At least 10 days' prior written notice of any such hearings shall also be given to the clerk of any municipality whose boundaries are within 1,000 feet of the City, although failure to give such notice to municipalities shall not invalidate any action taken by the Plan Commission or City Council.

2-204

PLAN COMMISSION HEARING AND RECOMMENDATION. The Plan Commission shall hold a public hearing on the proposed text amendment and, following the close of the public hearing, make a recommendation to the City Council, based on the Approval Criteria of Section 2-206.

2-205

CITY COUNCIL HEARING AND DECISION. After receiving the recommendation of the Plan Commission, the City Council shall hold a public hearing and, following the close of the public hearing, take action on the text amendment, based on the Approval Criteria of Section 2-206.

2-206

APPROVAL CRITERIA. In acting on zoning ordinance text amendments, the Plan Commission and City Council shall consider whether the proposed amendment is in the public interest and advances the stated purpose and intent of Section 1.6.

2-301

APPLICATION FILING. Zoning map amendment applications shall be filed in the office of the Zoning Officer.

2-302

ZONING OFFICER'S REVIEW AND REPORT. The Zoning Officer shall review each proposed zoning map amendment and provide a report on the proposed amendment to the Plan Commission.

2-303

PUBLIC HEARING NOTICE. Class 2 newspaper notice of the Plan Commission and City Council public hearings shall be provided in accordance with Section 2-105. At least 10 days' prior written notice of any such hearings shall also be given to the clerk of any municipality whose boundaries are within 1,000 feet of property that is the subject of the proposed zoning map amendment, although failure to give such notice to municipalities shall not invalidate any action taken by the Plan Commission or City Council.

2-304

PLAN COMMISSION HEARING AND RECOMMENDATION. The Plan Commission shall hold a public hearing on the proposed amendment and, following the close of the public hearing, make a recommendation and written findings of fact based on the following considerations:

a.

The existing use of property within the general area of the subject property;

b.

The zoning classification of property within the general area of the subject property;

c.

The suitability of the subject property for the uses permitted under the existing zoning classification; and

d.

The trend of development and zoning map amendments in the general area of the subject property.

The Plan Commission's written findings and recommendation shall be forwarded to the City Council prior to the City Council's action on the matter.

2-305

CITY COUNCIL HEARING AND DECISION. After receiving the recommendation of the Plan Commission, the City Council shall hold a public hearing and, following the close of the public hearing, take action on the zoning map amendment.

2-306

RESERVED. (Rep. #3868)

2-307

SUCCESSIVE APPLICATIONS. If an application for a zoning map amendment is denied by the City Council, then another application for the same or more intensive rezoning on the subject property or a portion of the subject property shall not be filed for a period of one year from the date of the City Council's vote to deny the rezoning.

2-308

APPEALS. Appeals of decisions of the City Council's decision may be taken to the courts, as provided by law.

2-401

DESCRIPTION AND OVERVIEW.

a.

General Description. A "planned unit development" (PUD) is a type of special purpose zoning district and a type of development plan. PUD zoning districts are inextricably linked to PUD plans; no rights of development apply to a PUD zoning designation other than those of the approved PUD plan.

b.

Overview of Procedure. PUDs shall be processed in 3 stages: Master Land Use Plan; Rezoning to PUD district and Final Plan. Master Land Use Plans and Rezonings may be processed concurrently, provided that no rezoning to the PUD district may occur until approval of a PUD Master Land Use Plan.

1.

The PUD Master Land Use Plan application is reviewed with respect to such issues as density, including the number, type, and location of dwelling units and other uses; impacts on surrounding areas; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for development of the PUD. PUD Master Land Use Plan approval establishes the maximum development "envelope" with regard to density, intensity, lot sizes, overall scale, open space, environmental protection, and other land development and service provision issues.

2.

After approval of a PUD Master Land Use Plan, a PUD zoning map amendment may be approved, or a PUD zoning map amendment may be processed concurrently with the PUD Master Land Use Plan.

3.

The PUD Final Plan is the document upon which building permits and other applicable approvals are issued. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project conceptually approved during PUD Master Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met.

2-402

PUD MASTER LAND USE PLAN. A PUD Master Land Use Plan is a generalized land use plan for the entire area proposed to be included within a PUD. The purpose of a PUD Master Land Use Plan is to allow early review of a proposed PUD before substantial technical planning work has been undertaken.

a.

Preapplication Conference. Before submitting a PUD Master Land Use Plan, the applicant shall confer with designated representatives from the Planning Department and other City agencies. The purpose of this preapplication conference is to discuss the proposal and the applicable development review and approval procedures.

b.

Application. A complete application for PUD Master Land Use Plan approval shall be submitted to the Zoning Officer in a form established by the Zoning Officer along with the fee amount that applies to site plans.

c.

Notice. Class 2 newspaper notice of the Plan Commission and City Council public hearings shall be provided in accordance with Section 2-105. At least 10 days' prior written notice of any such hearings shall also be given to the clerk of any municipality whose boundaries are within 1,000 feet of property that is the subject of the proposed development, although failure to give such notice to municipalities shall not invalidate any action taken by the Plan Commission or City Council.

d.

Review and Report-Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the PUD Master Land Use Plan application in light of the PUD zoning district standards of Section 5-300 and all other applicable development standards and adopted planning policies. The Zoning Officer shall provide a copy of the report to the Plan Commission and the applicant.

e.

Review and Recommendation-Plan Commission. The Plan Commission shall hold a public hearing on the PUD Master Land Use Plan. At the close of the hearing, the Plan Commission shall recommend approval, approval with conditions, or denial of the Master Land Use Plan application and transmit its recommendations to the City Council.

f.

Review and Action-City Council. After receiving the recommendation of the Plan Commission, the City Council shall hold a public hearing on the proposed PUD Master Land Use Plan. Following the close of the public hearing, the City Council shall act to approve, approve with conditions, or deny the application.

g.

PUD Master Land Use Plan Review Criteria. Applications for PUD Master Land Use Plan approval may be approved if the following criteria are met:

1.

The plan represents an improvement over what could have been accomplished through strict application of otherwise applicable zoning ordinance standards, based on the purpose and intent of this chapter.

2.

The PUD Master Land Use Plan complies with the PUD district standards of Section 5-300.

3.

The City and other service providers will be able to provide necessary public services, facilities, and programs to serve the development proposed, at the time the property is developed;

4.

The development is consistent with and implements the planning goals and objectives contained in the Comprehensive Plan and other adopted policy documents; and

5.

The PUD Master Land Use Plan is consistent with sound planning practice and the development will promote the general welfare of the community.

h.

Effect of PUD Master Land Use Plan Approval. Approval of a PUD Master Land Use Plan shall constitute acceptance of the overall general planning concepts for the proposed PUD development and is a prerequisite for the filing of a PUD Final Plan and approval of a PUD zoning classification.

i.

Lapse of PUD Master Land Use Plan Approval. An approved PUD Master Land Use Plan shall lapse and be of no further force and effect if a PUD Final Plan for the PUD (or a phase of the PUD) has not been approved within 2 years of the date of approval of the PUD Master Land Use Plan. In the event of such lapse, no development shall be allowed in the PUD zoning district other than development that complies with the R-1A district. In the event of lapse of approval pursuant to this section, the Plan Commission shall initiate action to remove the land from the PUD zoning district and may initiate action to rezone the property to its former base zoning district classification or any other appropriate classification.

2-403

PUD ZONING MAP AMENDMENT. After approval of a PUD Master Land Use Plan, or concurrently with the processing of a PUD Master Land Use Plan, a zoning map amendment request for PUD zoning may be reviewed and approved. PUD zoning requests shall be processed in accordance with the zoning map amendment procedures of Section 2-300.

2-404

PUD FINAL PLAN.

a.

Application. After approval of a PUD zoning classification and before lapse of a PUD Master Land Use Plan, a complete application for PUD Final Plan approval must be submitted to the Zoning Officer in a form established by the Zoning Officer along with the fee that applies to site plans. A PUD Final Plan application may include the entire area covered in the PUD Master Land Use Plan or it may include one or more phases of the approved PUD Master Land Use Plan.

b.

Review and Report-Zoning Officer. The Zoning Officer shall prepare a staff report that reviews the PUD Final Plan application in light of the approved PUD Master Land Use Plan and all other applicable development standards and planning policies.

c.

Review and Action-Zoning Officer. The Zoning Officer shall consider the PUD Final Plan application and act to approve or deny the PUD Final Plan application.

d.

PUD Final Plan Review Criteria. A PUD Final Plan shall be approved by the Zoning Officer if it is determined by the Zoning Officer to be in substantial compliance with the approved PUD Master Land Use Plan. The PUD Final Plan shall be deemed to be in substantial compliance with the PUD Master Land Use Plan so long as, when compared with the PUD Master Land Use Plan, it does not result in:

1.

An increase in project density or intensity, including the number of housing units per acre or the amount of nonresidential floor area per acre;

2.

A change in the mix of housing types or the amount of land area devoted to nonresidential uses;

3.

A reduction in the amount of open space;

4.

Any change to the vehicular system that results in a significant change in the amount or location of streets, common parking areas, and access to the PUD;

5.

Any change within 50 feet of any Residential (R) zoning district;

6.

Any change determined by the Planning Commission to represent an increase in development intensity; or

7.

A substantial change in the layout of buildings.

e.

Effect of Approval; Lapse of Approval. Approval of a PUD Final Plan shall confer upon the applicant the right to develop the subject property in accordance with the approved PUD Final Plan. The right to develop in accordance with an approved PUD Final Plan shall lapse and be of no further effect if all development shown on the PUD Final Plan is not complete within the time frame established by the City Council during review of the Master Land Use Plan. In the event of such lapse, no development shall be allowed in the PUD zoning district other than development that complies with the R-1A district. In the event of lapse of approval pursuant to this section, the Plan Commission shall initiate action to remove the land from the PUD zoning district and may initiate action to rezone the property to its former base zoning district classification or any other appropriate classification.

2-501

PURPOSE. The development and execution of this section is based upon the division of the City into districts within which the use of land and buildings and the height and location of buildings and structures in relation to the land are substantially compatible. However, there are certain uses that, because of their unique or varying characteristics, cannot be allowed as a permitted use in a particular district without consideration in each case of the impact of such use upon neighboring land and of the public need for the particular use of the particular location.

2-502

APPLICATION FOR CONDITIONAL USE PERMIT. An application for a conditional use permit shall be filed with the Zoning Officer on a form prescribed by the City, accompanied with the required fee. The application shall include a statement in writing by the applicant and evidence showing that the proposed conditional use conforms to the standards set forth in §2-506 and the following plans and information:

a.

Scale, north arrow, date, names of owner(s), applicant, and person preparing the plan, along with phone numbers and addresses of each.

b.

All existing lot lines as recorded in the Rock County Real Property Description Department.

c.

Existing and proposed streets and street improvements including, but not limited to, sidewalks, driveways, street landscaping, and adjacent lot driveways.

d.

A parking plan which clearly shows the proposed layout and design of the off-street parking area including, but not limited to, number of spaces, traffic control structures, aisles, required stacking spaces for drive-through uses, and fencing. This plan must include the dimensions of the parking spaces, internal driveways, and vehicle ingress and egress.

e.

Building, fence, and wall elevations with height dimensions, if applicable.

f.

Distances between exterior walls of structures and property lines, with a clear delineation of outdoor storage, refuse and service areas.

g.

(Rep. #3868)

h.

Any additional information required by City Council, Plan Commission, Community Development Department, Public Works-Engineering Division, or Fire Department.

2-503

ZONING OFFICER'S REVIEW AND REPORT. The Zoning Officer shall review each proposed Conditional Use Permit application and provide a report on the application to the Plan Commission.

2-504

HEARING ON APPLICATION. Upon receipt of the application, Zoning Officer's recommendation, and any other required material, the Plan Commission shall hold a public hearing on the application for a conditional use at such time and place as shall be established by the Plan Commission.

2-505

NOTICE OF HEARING. Notice of the time, place and purpose of the public hearing shall be given as a Class 2 notice under the Wisconsin Statutes in the official City paper. Notice of time, place and purpose of the public hearing shall also be sent to the applicant and to the nearby property owners as required by §2-105 of this Article.

2-506

STANDARDS. No conditional use permit shall be approved unless the deciding body finds:

a.

That the establishment, maintenance, or operation of the conditional use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;

b.

That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted;

c.

That the conditional use will not substantially diminish or impair property values within the neighborhood of the subject property;

d.

That the conditional use will not impede the normal and orderly development and improvement of the surrounding property;

e.

That the exterior architectural design or site layout of the proposed conditional use is not dissimilar or otherwise incompatible with existing or proposed development in the immediate neighborhood that it will cause a depreciation in property values;

f.

That adequate utilities, access roads, drainage or other necessary facilities will be available to serve the proposed use at the time of its occupancy or use;

g.

That adequate measures will be taken to minimize traffic congestion; and

h.

That the conditional use will comply with all applicable regulations of this chapter.

2-507

PLAN COMMISSION REVIEW. The Plan Commission shall comply with §62.23(7)(de), Wis. Stats., when making its decision.

a.

Options. A request for a conditional use permit may be approved, approved with conditions or limitations, or denied.

b.

Imposition of Conditions or Limitations. In approving a grant of a conditional use permit, the Plan Commission may impose such conditions or limitations on the permit as it considers necessary to protect the public health, safety and welfare. Any such conditions or limitations may include a time limit for the conditional use permit to exist or for the operation or activity permitted by the permit to be carried on. The conditions or limitations shall supported by substantial evidence as that term is defined by §62.23(7)(de), Wis. Stats.

c.

Duration, Transfer or Renewal. The Plan Commission may provide for an expiration date of a conditional use permit in order to enable a review of the use or the property under the permit, and may, if satisfied after such review that the use of the property pursuant to the conditional use permit is satisfactory, renew the permit or may add additional conditions or limitations on the permit as a condition of renewal. If the Plan Commission determines that the permittee has committed serious or repeated violations of the conditions or limitations on the permit or that renewal of the permit adversely affects the public health, safety and welfare it may refuse to renew the permit.

d.

Written Findings Required. The Plan Commission shall make written findings that stipulate such conditions and limitations upon the establishment, location, construction, maintenance, and operation of the conditional use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified in §2-505 above.

e.

Guarantees. In all cases in which conditional uses are granted, the Plan Commission shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.

f.

Failure to Act. Failure of the Plan Commission to act within 90 days of the date the application was filed shall constitute denial of the request.

2-508

MINOR ALTERATIONS OF CONDITIONAL USE. The Zoning Officer may approve minor alterations or additions which are compatible with the concept approved by the Plan Commission and the standards in §2-506 of this section. If there is a dispute about whether an alteration or addition is minor, the Plan Commission shall approve any alterations or additions.

2-509

AMENDMENTS. Any non-minor modification, alteration, expansion or addition made subsequent to the initial issuance of a Conditional Use Permit shall require an amendment to the Conditional Use Permit. The procedure and standard governing issuance of a Conditional Use Permit shall be followed when considering any amendment to an existing Conditional Use Permit.

2-510

EXPIRATION OF CONDITIONAL USE STATUS. A conditional use permit shall terminate upon the expiration of the term of such conditional use permit unless otherwise extended pursuant to §2-511 below.

2-511

LAPSE OF CONDITIONAL USE; EXTENSION. In any case where a conditional use has not been established within one year after the date of issuance of the permit, then without further action by the Plan Commission and without further notice to the applicant, the conditional use permit shall lapse and become null and void. Prior to the date the conditional use permit lapses, the permit holder may apply to the Plan Commission for an extension of this time requirement. The Plan Commission may, in its discretion, grant, deny, condition or modify an extension request, but such extension shall not exceed one year.

2-512

DISCONTINUANCE OF CONDITIONAL USE. In any case where an established conditional use is discontinued for a period of one year, then without further action by the Plan Commission and without further notice to the permit holder, the conditional use permit shall lapse and become null and void.

2-513

EXISTING CONDITIONAL USE PERMITS. All conditional use permits existing at the effective date of this Ordinance [November 17, 2022] which would be classified as a conditional use in the district concerned if they were to be established after the effective date of this Ordinance, and are legally operated under the terms and conditions of their conditional use permits, are hereby declared to be conforming conditional uses to the extent of their existing operation. Any proposed change in the existing operation shall be subject to the conditional use procedures as if such use were being established anew.

2-514

REVOCATION OF CONDITIONAL USE.

a.

Revocation. If a permit holder fails to comply with the conditions of the permit or should the use, or characteristics of the use, be changed without prior approval of the City, the conditional use permit may be revoked.

b.

Zoning Officer Determination. Upon the determination by the Zoning Officer that the conditions and stipulations of an approved conditional use have not been complied with, the Zoning Officer shall send written notice to the permittee of the actions necessary to comply with the conditional use permit. The notice shall specify that failure to comply with the required conditions or stipulations within 30 days will invalidate the conditional use permit and may also lead to enforcement action under this chapter. Appeals of the revocation of the conditional use permit may be made to the Plan Commission.

c.

Appeal to Plan Commission. The procedure for appealing a determination to revoke of a conditional use permit shall generally follow the same application procedure required when considering a new conditional use permit. The permittee shall be provided notice of any reason or reasons that will be considered by the Plan Commission as a basis for upholding the decision to revoke the conditional use permit. A Public Hearing shall be conducted by the Plan Commission, and the permittee shall have an opportunity to appear before the Plan Commission and present evidence and testimony opposing any the decision to revoke the conditional use permit.

d.

Plan Commission decision. The Plan Commission may, after reviewing the evidence, revoke the conditional use permit provided that there is a preponderance of evidence to support the revocation of the permit. Any decision of the Plan Commission to revoke the conditional use permit shall be reduced to writing and provided to the permittee. The decision of the Plan Commission to revoke a conditional use permit may be appealed to the City Council.

e.

Effect of Revocation; Waiting Period. If a conditional use permit has been revoked under this section, no person may reapply for a conditional use permit for the same premises within one year of the date of the revocation.

2-515

APPEAL TO CITY COUNCIL.

a.

An applicant or permittee who is aggrieved by a decision of the Plan Commission or the Zoning Offer may appeal to the City Council.

b.

The appeal shall be in writing and shall specify the grounds for the appeal with specific reference to the findings of the Plan Commission.

c.

The appeal shall be filed with the City Clerk's Office within 20 days of the date of the written decision of the Plan Commission.

d.

The City Council shall hold a public hearing and provide notice to the applicant or permittee and the Zoning Officer, as well as the public notice required in §2-505.

e.

In reviewing the appeal, the City Council has the authority to conduct a de novo review of the application. The City Council shall generally follow the review process outlined in §2-507, including the requirement to act consistent with section §62.23(7)(de), Wis. Stats.

2-516

APPEALS. The decision of the City Council may be appealed to the circuit court as provided in section 62.23(7)(de)5., Wis. Stats.

2-517

SUBSEQUENT APPLICATIONS. No application for a conditional use that is denied wholly or in part by the Plan Commission (or, on appeal, by the City Council) shall be resubmitted for a period of one year from the date of the final decision, unless:

a.

The decision expressly states that it is placed on file without prejudice, and

b.

The applicant provides substantial new evidence or proof of a change of conditions that would support approval or conditional approval of the application.

2-601

WHEN REQUIRED. (Am. #3868) A site plan shall be submitted at the time of application for a Building Permit for every proposed new structure or addition to an existing structure. Site Plans are also required to be submitted at the time of any application for a Conditional Use Permit or Zoning Variance and prior to beginning construction of a new parking lot or outdoor storage area, enlarging an existing parking lot or paved outdoor storage area by 10 percent or more, or removing 10 percent or more of the surface of an existing parking lot or outdoor storage area and replacing it with a new paved surface.

2-602

SUBMITTAL REQUIREMENTS. Site Plans for projects that exceed an estimated total cost of $500,000 must be prepared by a State Registered Architect, Landscape Architect, or Engineer. An application for Site Plan Review must be completed and submitted with the required number of copies of site plans, along with the applicable fee. All plans shall meet all the requirements of this chapter and include the following information:

a.

Site Plans. The Site Plan and any accompanying drawings shall be drawn to scale using an engineering scale (preferably 1 inch = 20 feet) and shall include the following information:

1.

Title block, scale, north arrow, date, names of owner(s), applicant, and person preparing the plan, along with phone numbers and addresses of each.

2.

A calculation of the area of the existing and proposed impervious areas.

3.

All existing lot lines as recorded in the Rock County Real Property Description Department.

4.

Existing and proposed grades.

5.

Existing and proposed streets, accurate plan lines, street dedications, and street improvements including, but not limited to, sidewalks, curbs, gutters, driveways, street landscaping, and adjacent lot driveways.

6.

Existing and proposed drainage facilities.

7.

A parking plan which clearly shows the proposed layout and design of the off-street parking area including, but not limited to, number of spaces, traffic control structures, curb cuts, aisles, required stacking spaces for drive-through uses, and fencing. This plan must include the dimensions of the parking spaces, internal driveways, and vehicle ingress and egress.

8.

Location and dimensions of all existing and proposed utility easements.

9.

Location, dimension, and use of existing and proposed buildings, fences, and walls. Locations of any open stairways and other projections from exterior building walls.

10.

Building, fence, and wall elevations with height dimensions.

11.

Distances between exterior walls of structures and property lines, with a clear delineation of storage, refuse and service areas.

12.

Snow storage areas.

13.

Location of fire hydrants and Fire Department Connections (FDC).

14.

Any additional information required by either the Engineering, Community Development or Fire Departments.

b.

Landscape Plans. A landscape plan which complies with the requirements of Section 34.21 of the Code of General Ordinances of the City of Beloit shall be made a part of the Site Plan required by this section.

c.

Approval or Disapproval. The City Engineer shall approve or disapprove all proposed driveway access in accordance with the standards set forth in Section 11.23 of the Code of General Ordinances of the City of Beloit. The Zoning Officer shall review the submitted plans and determine whether or not the minimum requirements and intent of this chapter have been met prior to granting a Certificate of Zoning Compliance. The Zoning Officer shall disapprove any Site Plan that does not meet the requirements of Code of General Ordinances of the City of Beloit.

d.

Issuance of Permits. (Am. #3481) No Certificate of Zoning Compliance shall be issued by the Zoning Officer and no final Certificate of Occupancy shall be issued by the Division of Planning and Building Services unless all the provisions of the Code of General Ordinances of the City of Beloit, including the parking lot and landscaping improvements, have been completed according to the approved site plans.

2-603

APPEALS. Appeals of decision of the Zoning Officer may be taken to the Board of Appeals, in accordance with the procedure of Section 2-1000. Appeals of the decision of the City Engineer to grant or deny driveway access shall be taken in accordance with Section 11.23(7) of the Code of General Ordinances of the City of Beloit.

2-701

APPLICABILITY. (Am. #3868) No building permit shall be issued by the Building Inspector, or new parking lot or outdoor storage area constructed, or existing parking lot or paved outdoor storage area be enlarged by 10 percent or more, or 10 percent or more of the surface of an existing parking lot or outdoor storage area be removed and replaced with a new paved surface unless the Zoning Officer has issued a Certificate of Zoning Compliance, indicating that the proposed building, structure, parking lot or outdoor storage area complies with all the provisions of the Code of General Ordinances of the City of Beloit.

2-702

APPLICATION. An application for site plan review shall be deemed an application for a Certificate of Zoning Compliance. This application shall be made directly to the Zoning Officer along with the applicable fee.

2-801

APPLICABILITY. No building, or addition thereto, constructed after September 26, 2001, and no addition to a previously existing building shall be occupied, and no land that was vacant on September 26, 2001, shall be used for any purpose until a Certificate of Occupancy has been issued by the Zoning Officer. No change in a use shall be made until a Certificate of Occupancy has been issued by the Zoning Officer. Every Certificate of Occupancy shall state that the use or occupancy complies with the provisions of this chapter.

2-802

APPLICATION. Applications for a building permit shall be deemed an application for a Certificate of Occupancy. Every application for a Certificate of Occupancy for a new land use where no building permit is required shall be made directly to the Zoning Officer.

2-803

ISSUANCE. (Am. #3573) No Certificate of Occupancy for a building, or portion thereof, constructed after September 26, 2001, shall be issued until construction has been completed and the premises inspected and certified by the Zoning Officer to be in compliance with the plans and specifications upon which the Zoning Certificate was based. No Certificate of Occupancy for a building, or addition thereto, constructed after September 26, 2001, shall be issued and no addition to a previously existing building shall be occupied until the premises have been inspected and certified by the Zoning Officer to be in compliance with all the applicable standards of the zoning district in which it is located. Pending the issuance of a regular Certificate of Occupancy, a Temporary Certificate of Occupancy may be issued. Such temporary certificate shall be valid for a period not to exceed 6 months from its date during the completion of any addition or during partial occupancy of the premises. A temporary certificate shall not be issued unless and until any maintenance agreement required under Section 8-1011 of this chapter is filed and recorded with the Rock County Register of Deeds. If a Certificate of Occupancy is not issued, the Zoning Officer shall give written notice to the applicant stating the reasons why a Certificate of Occupancy cannot be issued. Occupancy Certificates or letter of denial shall be issued not later than 14 days after the Zoning Officer is notified in writing that the building or premises are ready for occupancy.

2-901

AUTHORITY TO ISSUE VARIANCES. The Board of Appeals established by Section 1.77 of the Code of General Ordinances of the City of Beloit is hereby authorized to grant variances from the zoning ordinance, Chapter 19 of the Code of General Ordinances, in accordance with the provisions of §62.23(7)(e)(7), Wis. Stats., and sections 2-902 and 2-903 of the Zoning Code. "Use" variances shall be granted in accordance with the standards set forth in Section 2-902 and "area" variances shall be granted in accordance with the standards set forth in Section 2-903. A "use" variance is a variance from a zoning ordinance which regulates how a property may be used, in order to promote uniformity of land use within neighborhoods or districts. An "area" variance is a variance from a zoning ordinance that regulates lot area, density, height, frontage, setbacks, and other dimensional attributes, in order to promote uniformity of development, lot size and building size and configuration. If the granting of an area variance will permit a use of land that substantially changes the character of the neighborhood, then the standard for granting a use variance shall apply. For instance, if the variance would increase the number of apartment units that could be built on one lot, the variance would substantially change the character of the neighborhood.

Historic Note: In State ex rel. Ziervogel v. Washington County Board of Adjustment, 676 N.W.2d 401, 2004 WI 23 (Decided 3/19/04), the Wisconsin Supreme Court reinstated the distinction between the standards for granting "use" variances and "area" variances. In State v. Outagamie County Board of Adjustment, 244 Wis.2d 613, 628 N.W.2d 376, the Wisconsin Supreme Court's lead opinion cited Rathkopf, The Law of Zoning and Planning for the proposition that "if the variance will permit a use of land that changes the character of the neighborhood, then it is more likely that the variance will held to be a use variance. For example, suppose a zoning ordinance requires 800 square feet of lot area per apartment..., but the board...approves a variance for construction of an apartment building that would result in there being only 400 square feet of lot area per apartment."

2-902

STANDARD FOR GRANTING USE VARIANCES. In order to grant a use variance, the Board of Appeals must determine that all of the following criteria are satisfied:

a.

Granting of the variance will not be contrary to the public interest; and

b.

Due to special conditions, a literal enforcement of the zoning ordinance will result in practical difficulty or unnecessary hardship; and

c.

The variance is needed so that the spirit of the zoning ordinance will be observed, while public safety and welfare are secured; and

d.

Substantial justice will be done by granting the variance.

e.

The property owner would have no reasonable use of the property without a variance.

Historic Note: In Snyder v. Waukesha County Zoning Board of Adjustment, 74 Wis. 2d 468, 247 N.W. 2d 98 (1976), the Wisconsin Supreme Court held that the phrases "unnecessary hardship" and "practical difficulty" are synonymous. That court also held that a "hardship" cannot be self-created. In Arndofer v. Sauk County Board of Adjustment, 162 Wis. 2d 246, 253, 469 N.W. 2d 831 (1991), the Wisconsin Supreme Court held that a "hardship" must be unique to the property and not a condition personal to the landowner, such as a mere inconvenience. In State v. Kenosha County Board of Adjustments, 218 Wis. 2d 396, 577 NW 2d 813 (1998), the Wisconsin Supreme Court held that "unnecessary hardship" means that the property owner must demonstrate that without a variance, the property owner would have no reasonable use of the property for which the variance is sought. In State ex rel. Spinner v. Kenosha County Board of Adjustment, 223 Wis. 2d 99, 588 N.W. 2d 662 (Ct. App. 1998), the Wisconsin Court of Appeals stated that if any feasible use of the property is available, a "hardship" cannot exist. In State ex rel. Ziervogel v. Washington County Board of Adjustment, 676 N.W.2d 401, 2004 WI 23 (Decided 3/19/04), the Wisconsin Supreme Court held that the "no reasonable use" standard applies only to use variances and not to area variances. The court also held that the burden of proving "no reasonable use" is on the property owner.

2-903

STANDARD FOR GRANTING AREA VARIANCES. In order to grant an area variance, the Board of Appeals must determine that:

a.

Compliance with the strict letter of the zoning ordinances regulating area, setbacks, frontage, height, bulk or density would create a hardship by either:

1.

Unreasonably preventing the owner from using the property for a permitted purpose; or

2.

Rendering conformity with such regulations unnecessarily burdensome.

b.

The hardship is unique to the property.

c.

The hardship is not self-created.

d.

The variance will not undermine the purpose of the ordinance or the public interest.

e.

The variance will not permit a use of land that substantially changes the character of the neighborhood.

Historic Note: In State ex rel. Ziervogel v. Washington County Board of Adjustment, 676 N.W. 2d 401, 2004 WI 23 (Decided 3/19/04), the Wisconsin Supreme Court stated that an applicant for an area variance is not required to show that he would have "no reasonable use" of his property in the absence of a variance. The property owner has the burden of proving that the standard for granting an area variance has been met.

2-904

SIMULTANEOUS APPLICATIONS FOR A VARIANCE AND A CONDITIONAL USE PERMIT. If an owner applies simultaneously for a variance and a conditional use permit for the same property, the application for a conditional use permit shall be processed first. The Board of Appeals may not grant a variance to a zoning regulation if a conditional use permit issued by the City Council identifies that zoning regulation as one with which the owner of the property must strictly comply.

2-905

RESERVED.

2-906

APPLICATION FOR A VARIANCE. An application for a variance shall be filed in the office of the Zoning Officer. The application shall be accompanied by a site plan that complies with the requirements of Section 2-600.

2-907

PUBLIC HEARING NOTICE. Notice of the hearing on an application for a variance shall be given by Class 1 newspaper notice and by written notice in accordance with Section 2-105. In cases involving proposed variances to any of the floodplain regulations of Section 5-400 or shoreland-wetland regulations of Section 5-500, notice shall also be mailed to the Southern District office of the Department of Natural Resources at least 10 days in advance of the hearing.

2-908

ZONING OFFICER'S REVIEW AND REPORT. The Zoning Officer shall review each application for a variance and provide a report on the application to the Board of Appeals.

2-909

BOARD OF APPEALS—PUBLIC HEARING. The Board of Appeals shall hold a public hearing on a proposed variance and, following the close of the hearing, act to approve, approve with conditions or deny a request for a variance.

2-910

FINDINGS OF FACT AND CONCLUSIONS. The Board of Appeals shall prepare a written decision, which contains findings of fact and a statement of the reasons for its decision. A copy of the decision shall be mailed to the applicant and to all other parties in interest.

2-911

DNR NOTICE. In cases involving variances to the shoreland-wetland or floodplain zoning regulations, a copy of the Board of Appeals' decision shall be mailed to the appropriate office of the Wisconsin Department of Natural Resources within 10 days after the decision is issued.

2-912

VOTE REQUIRED. Section 1.77 of the Code of General Ordinances of the City of Beloit specifies the number of concurring votes necessary for the Board of Appeals to grant a variance.

2-913

EXPIRATION AND LAPSE OF APPROVAL. The applicant shall have 6 months from the date of the written decision granting a variance to secure a building permit to carry out the proposed improvements. If no building permit is required, the applicant shall have 6 months from the date of written decision granting a variance to complete construction of the improvements, which are the subject of the variance. If the building permit is not obtained or construction is not completed within these time-frames, the approved variance shall lapse and be of no further effect.

2-914

APPEALS. The Board of Appeals' decision may be appealed as provided in §62.23(7)(e)(10), Wis. Stats.

2-1001

APPLICABILITY. The Board of Appeals shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by any administrative official of the City in the administration or enforcement of this chapter.

2-1002

NOTICE OF APPEAL. A notice of appeal of an administrative or enforcement decision shall be made in writing and shall be submitted to the Zoning Officer within 30 days of the date of receipt of the decision being appealed. The notice of appeal shall be made on a form prescribed by the Zoning Officer. The Board of Appeals shall hold a public hearing in the notice of appeal.

2-1003

PUBLIC HEARING NOTICE. Notice of the hearing on the appeal shall be given by Class 1 newspaper notice and by written notice in accordance with Section 2-105. In cases involving appeals related to any floodplain or shoreland-wetland zoning regulation, notice shall also be mailed to the Southern District office of the Department of Natural Resources at least 10 days in advance of the hearing.

2-1004

EFFECT OF FILING. The filing of a complete notice of appeal stays all proceedings in furtherance of the decision appealed unless the official whose decision is being appealed certifies to the Board of Appeals, after the appeal is filed, that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Board of Appeals, or by a court of record.

2-1005

TRANSMITTAL OF PAPERS. The official whose decision is being appealed shall transmit to the Board of Appeals all papers constituting the record upon which the decision appealed was based.

2-1006

REVIEW AND DECISION-BOARD OF APPEALS. The Board of Appeals may reverse or affirm, wholly or partly, or modify the decision being appealed from. In addition, the board may make such order, requirement, decision or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken, and may issue or direct the issue of a permit. If the Board of Appeals determines that it is necessary to obtain additional evidence in order to decide the matter, it shall take such action as necessary and appropriate to obtain the same. The Board of Appeals shall decide all appeals within 90 days after the notice of appeal is filed.

2-1007

DNR NOTICE. In cases involving appeals of administrative or enforcement decisions relating to the shoreland-wetland or floodplain zoning regulations, a copy of the Board of Appeals' decision shall be mailed to the Southern District Office of the Wisconsin Department of Natural Resources within 10 days after the decision is issued.

2-1008

VOTE REQUIRED. (Am. #3101) Section 1.77 of the Code of General Ordinances of the City of Beloit specifies the number of concurring votes required to reverse a decision of a City official relating to the administration or enforcement of the zoning ordinance.

2-1009

REVIEW CRITERIA; FINDINGS OF FACT. The Board of Appeals shall issue a decision which contains findings of fact and a statement of the reasons for the decision. The Board shall transmit its written decision to the appellant and to all parties in interest.

2-1010

APPEALS. The Board of Appeals' decision may be appealed as provided in §62.23(7)(e)(10), Wis. Stats.

2-1101

DESCRIPTION AND OVERVIEW.

a.

General Description. A "traditional neighborhood development" (TND) is a type of special purpose zoning district and a type of development plan. TND zoning districts are inextricably linked to TND plans; no rights of development apply to a TND zoning designation other than those of the approved TND plan.

b.

Application Procedure and Approval Process. Prior to the issuance of any permits for development within a Traditional Neighborhood Development, the following steps shall be completed according to the procedures outlined in this section.

1.

Preapplication Conference. (Am. #3481) Before submitting an application for a Traditional Neighborhood Development project, the applicant shall schedule an appointment and meet with Planning and Building Services Division to discuss the procedure for approval of a Traditional Neighborhood Development project, including submittal requirements and design standards.

2.

Preliminary Development Plan.

(a)

Preliminary Development Plan Process. (Am. #3481) Following the preapplication conference, the applicant shall submit a preliminary development plan to the Planning and Building Services Division together with an application for a zoning map amendment to Traditional Neighborhood Development District.

(1)

Within 30 days, the Plan Commission shall conduct a public hearing to consider a zoning map amendment request and to consider a recommendation for approval or disapproval of a preliminary development plan. At this public hearing, the Plan Commission shall receive a report from the City Zoning Officer recommending approval, disapproval or approval with specified modifications. Within 30 days, the Plan Commission shall recommend the City Council either:

a)

Approve the Preliminary Development Plan and zoning map amendment,

b)

Approve the Preliminary Development Plan and zoning map amendment with modifications, or

c)

Deny the Preliminary Development Plan and zoning map amendment.

(2)

The City Council shall receive the recommendation from the Plan Commission and a report from the City Zoning Official. Upon due consideration, the City Council shall either:

a)

Approve the Preliminary Development Plan and zoning map amendment,

b)

Approve the Preliminary Development Plan and zoning map amendment with modifications, or

c)

Deny the Preliminary Development Plan and zoning map amendment.

(b)

Preliminary Development Plan Submittal Requirements. The purpose of the Preliminary Development Plan is to establish the intent, density, and intensity for a proposed development. The Preliminary Development Plan shall include the following:

(1)

A general location map of suitable scale, but no less than 1 inch = 200 feet, which shows the location of the property within the community and adjacent parcels including locations of any public streets, railroads, major streams or rivers and other major features within 1,000 feet of the site.

(2)

A site inventory and analysis to identify site assets or resources, and constraints, including but not limited to flood plains, wetlands and soils classified as "poorly drained" or "very poorly drained," soils with bedrock at or within 42 inches of the surface, utility easements for high-tension electrical transmission lines >69KV, steep slopes greater than 15 percent, and brownfields.

(3)

A conceptual site plan, at a scale of no less than 1 inch = 100 feet, which indicates topography in 2-foot contours for sites with 15 feet of local relief, or one-foot contours for local sites with less than 15 feet of local relief, consisting of a map with proposed features and existing site features and uses that will remain. These features should include building outlines, location of streets, transit stops, drives and parking areas, pedestrian and bicycle paths, service access areas for receiving material and trash removal, and other impervious surfaces. The location of proposed trees and shrubs and existing trees and shrubs that will remain should also be included, along with any other significant features.

(4)

A conceptual stormwater management plan identifying the proposed patterns of major stormwater runoff, locations of stormwater infiltration areas, and other significant stormwater best management practices.

(5)

Identification of the architectural styles(s) of the Traditional Neighborhood Development and the accompanying site design style(s). The design style of the Traditional Neighborhood Development shall be conveyed with drawings or computer simulations of typical proposed building elevations (including dimensions of building height and width, and facade treatment).

(6)

A written report, which provides general information about the covenants, conservation easements, or agreements, which will influence the use and maintenance of the proposed development. The report shall also describe the site conditions and the development objectives.

(7)

Any other information deemed necessary by the City in order to evaluate plans.

(8)

Five copies of the above information shall be submitted plus one reduced set no larger than 8½ inches by 11 inches.

3.

Final Development Plan. The purpose of the Final Development Plan is to establish a detailed development proposal. The Final Development Plan can be proposed, reviewed, and acted upon as a whole or in part or phases.

(a)

Final Development Plan Process. (Am. #3481) Following approval of the Preliminary Development Plan, the applicant shall submit a Final Development Plan to the Planning and Building Services Division.

(1)

Within 45 days following receipt of the Final Development Plan, the Plan Commission shall receive a report from the Planning and Building Services Division recommending approval, disapproval or approval with specified modifications. The Plan Commission shall determine that the proposed Final Development Plan is in substantial conformance with the approved Preliminary Development Plan. Upon due consideration, the Plan Commission shall recommend that the City Council either:

a)

Approve the Final Development Plan as being in substantial conformance with the Preliminary Development Plan;

b)

Approve the Final Development Plan as being in substantial conformance with the Preliminary Development Plan with specified modifications; or

c)

Deny the Final Development Plan.

(2)

Following Plan Commission recommendation, the City Council shall receive the recommendation from the Plan Commission and the report from the City staff. Upon due consideration, the City Council shall either:

a)

Approve the Final Development Plan as being in substantial conformance with the Preliminary Development Plan;

b)

Approve the Final Development Plan as being in substantial conformance with the Preliminary Development Plan with specified modifications; or

c)

Deny the Final Development Plan.

(b)

Final Development Plan Submittal Requirements. The applicant shall submit a series of plans, maps, and written materials which include the following information:

(1)

A general location map of suitable scale which shows the boundaries and dimensions of the property within the context of the community and adjacent parcels, including locations of any public streets, railroads, major streams or rivers and other major features within 1,000 feet of the site, along with a legal description of the property.

(2)

A site inventory and analysis to identify site assets or resources, and constraints, including but not limited to floodplains, wetlands and soils classified as "poorly drained" or "very poorly drained," soils with bedrock at or within 42 inches of the surface, utility easements for high-tension electrical transmission lines >69KV, slopes greater than 15 percent, and brownfields.

(3)

A site plan, including proposed topographic contours at one-foot intervals, with the following information:

a)

The location of proposed structures and existing structures that will remain, with height and gross floor area noted;

b)

The location of street and pedestrian lighting, including lamp intensity and height;

c)

The location of proposed open space;

d)

The circulation system indicating pedestrian, bicycle, and motor vehicle movement systems, including existing and proposed public streets or rights-of-way; transit stops; easements or other reservations of land on the site; the location and dimensions of existing and proposed curb cuts, off-street parking and loading spaces, including service access for receiving and trash removal; sidewalks and other walkways.

e)

Location of all trees, shrubs, and ground cover, proposed or existing, to remain on the site.

(4)

A stormwater management plan for the site. The grading plan shall show existing and proposed ground elevations with contours (one-foot contour interval) and spot elevations at significant high points, low points, and transition points. The grading plan shall also note the finished ground floor elevations of all buildings. The plan shall also show the locations of all storm drainage sewers and structures, and infiltration or detention/retention structures; and all wetlands on the site, using the Federal Manual for Identifying and Delineating Jurisdictional Wetlands, and copies of documents completed in making the wetlands identification.

(5)

Detailed elevations of all proposed commercial buildings and typical elevations of residential buildings. Scaled elevations should identify all signs, building materials and percentage of ground floor commercial facade in windows; the location, height and material for screening walls and fences, including outdoor trash storage areas, electrical, mechanical and gas metering equipment, storage areas for trash and recyclable materials, and rooftop equipment.

(6)

A utilities plan showing underground and aboveground lines and structures for sanitary sewers, electricity, gas, telecommunications, etc.

(7)

A written report, which completely describes the proposal and indicates covenants or agreements that will influence the use and maintenance of the proposed development. The report also shall describe the analysis of site conditions and the development objectives.

(8)

Phasing plans, where applicable.

(9)

Any other information deemed necessary by the City Council in order to evaluate plans.

(10)

Five copies of the above information shall be submitted plus one reduced set no larger than 8½ inches by 11 inches.

(c)

Amendments to the Final Development Plan. (Am. #3481) Minor changes to the Final Development Plan adopted by the City Council may be approved by the Planning and Building Services Division, provided that the changes do not involve:

(1)

Increases or decreases of more than 10 percent in floor area of structures or number of dwelling units.

(2)

Change in exterior building material.

(3)

Alteration of any conditions attached or modification to the Final Development Plan made by the City Council.

A major change to a Final Development Plan, which is less restrictive than any conditions of approval for the initial Preliminary Development Plan, shall require approval by a majority vote of all members of the City Council.

(d)

Subdivision of Land. If the Traditional Neighborhood Development involves the subdivision of land as defined in the City's Subdivision Ordinance, the applicant shall submit all required land division documents in accordance with the requirements of the Subdivision Ordinance and Ch. 236, Wis. Stats. If there is a conflict between the design standards of the Subdivision Ordinance and the design guidelines of this ordinance, the provisions of this ordinance shall apply.

(e)

Ownership and Maintenance of Public Space. Provision shall be made for the ownership and maintenance of streets, squares, parks, open space, and other public spaces in a Traditional Neighborhood Development.

(f)

Recording of Documents. The following documents need to be filed by the applicant in the County Register of Deeds Office within 10 days after approval of the document by the City Council: a certified copy of the ordinance amending the zoning map and designating a tract of land as a Traditional Neighborhood Development; the preliminary development plan; and the final development plan.

2-1201

PLAN AUTHORIZED. Any owner, occupant or person in control of land one-half acre or more in size in the City may apply to the Zoning Officer for approval of a land management plan for a natural lawn where the weeds and grasses exceed 8 inches in height.

2-1202

CONTENTS OF PLAN. A land management plan means a written plan relating to management of the lawn which contains a legal description of the land upon which the grasses and forbes will exceed 8 inches in height; a statement of intent and purpose for the lawn; a general description of the vegetational types, plants and plant succession involved and the specific management; and maintenance techniques to be employed. The management plan must include provisions for cutting at a length not greater than 8 inches in the front area from the paved street to 5 feet back from the front property line and at least a 5-foot strip adjacent to neighboring property lines unless waived by the abutting property owner on the side so affected.

2-1203

REVOCATION. The land management plan may be revoked for failure to comply with the provisions of the approved plan. Notice of intent to revoke a land management plan shall be appealable to the Board of Appeals. All applications for appeal shall be submitted within 15 days of notice of intent to revoke a land management plan.

2-1204

APPLICATION REQUIREMENTS. Each application for a land management plan shall be on a form provided by the Zoning Officer. A copy of the application shall be mailed by the applicant or given personally by the application to each of the owners of record as listed in the office of the City Assessor, who are owners of the property situated in whole or in part within 200 feet of the boundaries of the properties affected. The Zoning Officer shall provide the list of the property owners who are to be notified of the application. The applicant shall certify under oath on a form to be furnished by the Zoning Officer that such owners have been notified and the manner in which they have been notified. If, within 15 days of receipt of a copy of the applications, at least 51 percent of such property owners file written objections to the application with the Zoning Officer, the Zoning Officer shall refer the application to the Board of Appeals for hearing and decision.

2-1205

SAFETY HAZARD. In case of a safety hazard as determined by the Weed Commissioner, the City shall require cutting upon notice to the owner, occupant or person in charge of the land subject to a land management plan.

2-1206

LAWN. Each lawn subject to a land management plan shall be cut at least once each year.