The common council or other public body or officer of the city, having final authority thereon, shall refer to the plan commission, for its consideration and report before final action is taken, the following matters:

(1)

Public buildings. Location and architectural design of any public building.

(2)

Statues and memorials. Location of any statue or other memorial.

(3)

Streets, alleys, or other public way, park, playground, airport, parking area, or other memorial or public grounds. Location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition, or lease of land for any street, alley, or other public way, park, playground, airport, parking area, or other memorial or public grounds.

(4)

Public utilities. Location, extension, abandonment, or authorization for any public utility whether publicly or privately owned.

(5)

Public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children. Location, character, and extent, or acquisition, leasing, or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children.

(6)

Annexations, incorporations, or consolidations. All annexations, incorporations, or consolidations affecting the city.

(7)

Division of land. All division of lands within the city's extraterritorial platting jurisdiction.

(8)

Changes and amendments. All proposed or requested changes and amendments to the city's comprehensive plan, official map, zoning ordinance, zoning map, and subdivision ordinance.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The common council may alter, supplement or change the boundaries of use districts and the regulations contained in this chapter after receiving the recommendation of the plan commission and in the manner provided by state statute.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Any land zoned P public, semipublic, institutional and recreational district may not be used for any other purpose than that designated. Any change of use requires conditional use approval if the new use is allowed in the P district, or a rezoning if it is a use that is not allowed in the P district. When the current use is discontinued the zoning shall automatically be changed to the most restrictive adjoining district without action on the part of the city. The common council and the property owner each have the option of initiating a rezoning to a more appropriate district following procedures specified for rezoning actions.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The plan commission may recommend and the common council may approve variations of the subdivision regulations for planned unit developments where said variations will further the purpose and objective of the planned unit development consistent with the purpose and intent of this chapter.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Except as otherwise provided in this chapter, any person who fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in section 1-14 of the City of Columbus Municipal Code.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The functions and duties of the plan commission shall be:

(1)

Amendments. To hold public hearings on applications for amendments to this chapter. The commission may not make changes or amendments to this chapter; rather it shall advise the common council by making its recommendations on all cases referred to it and transmitting them to the common council for final action.

(2)

Hold public hearings and informational meetings. To hold public hearings and informational meeting on applications for amendments to this chapter, for conditional use permits and on matters referred to the plan commission, and to recommend action thereon to the common council.

(3)

Make and adopt a comprehensive plan. To make and adopt a comprehensive plan for the physical development of the municipality including any areas outside of its boundaries in accordance with Wis. Stats. § 62.23.

(4)

Make and recommend an official map. To make and recommend an official map to the common council in accordance with Wis. Stats. § 62.23.

(5)

Prepare and recommend a zoning district plan and regulations. To prepare and recommend a zoning district plan and regulations to the common council in accordance with Wis. Stats. § 62.23.

(6)

Prepare and recommend land division regulations. To prepare and recommend land division regulations to the common council in accordance with Wis. Stats. § 236.45.

(7)

Changes to the comprehensive plan. To make any changes to the comprehensive plan they deem necessary or desirable and to recommend any changes or amendments to the common council that they deem necessary or desirable concerning the official map and official map ordinance, zoning and land division ordinances.

(8)

Matters referred to the plan commission. To consider and report or recommend on all matters referred to them.

(9)

Specified exceptions. To hear requests and grant exceptions from such rules and in such cases as specifically set forth herein.

(10)

[Other duties.] All other duties as set forth in state statute and municipal code.

(Ord. No. 643-09, §§ I, II, 4-8-09)

An application for a conditional use permit shall be made in duplicate to the zoning administrator on forms provided by that office. Such application shall include the following, unless waived in writing by the zoning administrator:

(1)

General submittal requirements.

(a)

Names and addresses of the applicant, owner of the site, architect, professional engineer, contractor and all opposite and abutting property owners of record.

(b)

Description of the subject site by lot, block and recorded subdivision or by metes and bounds; address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the current and proposed zoning districts.

(c)

Plat or survey prepared by a registered land surveyor showing all of the information required for a certificate of zoning compliance.

(d)

Signature of the current property owner or original signed letter of authorization.

(2)

Narrative. A narrative or cover letter shall include the following:

(a)

Owner and/or developer's name, phone number, and address.

(b)

Where applicable, the architect's or engineer's name, phone number, and address.

(c)

Description of all proposed buildings indicating proposed uses and building size.

(d)

Descriptions of the location, type, and size of all outside signs.

(e)

Calculations indicating the total site size, building floor area, number of parking spaces, amounts of impervious surfaces, and amount of non-impervious green space.

(f)

Anticipated taxable and nontaxable value of the project upon completion.

(3)

Disclosure statement. In addition to the basic narrative listed above, each of the following points must be addressed and numbered accordingly in a document submitted at the time of application. If, in the opinion of the applicant, the matter is not pertinent, that should be stated explicitly in writing and submitted as part of the disclosure statement.

(a)

Zoning ordinance and comprehensive plan purposes and intent. The proposed use and development will be in harmony with the general and specific purposes for which this chapter was enacted and for which the regulations of the zoning district in question were established and with the general purpose and intent of the city's comprehensive plan or element thereof.

(b)

Adverse impact. The proposed use and development will not have a substantial or undue adverse or detrimental effect upon or endanger adjacent property, the character of the area, or the public health, safety, morals, comfort, and general welfare and will not substantially diminish or impair property values within the community or neighborhood.

(c)

Interference with surrounding development. The proposed use and development will be constructed, arranged, and operated so as not to interfere with the use and development of neighboring property according to the applicable zoning district regulations.

(d)

Adequate public facilities. The proposed use and development will be served adequately by essential public facilities and services such as streets, public utilities including public water supply system and sanitary sewer, police and fire protection, refuse disposal, public parks, libraries, schools, and other public facilities and utilities, or the applicant will provide adequately for such facilities.

(e)

Traffic management. That vehicular ingress and egress at the proposed site will be appropriately designed and will minimize undue negative traffic impacts.

(f)

Destruction of significant features. The plan commission may recommend and the common council may impose reasonable conditions on the proposed use and development to avoid or minimize the destruction, loss, or damage of any natural, scenic, or historic feature of significant importance, taking into account the surrounding uses, the existing use of the site, and public convenience.

(g)

Compliance with standards. The use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified to a more restrictive requirement by the common council pursuant to the recommendations of the plan commission.

(4)

Site plan. A site plan shall include the following:

(a)

Name of project and date of plan preparation.

(b)

Scale of drawing and north arrow.

(c)

Property boundaries.

(d)

Where applicable, the 100-year floodplain and floodway delineations.

(e)

Where applicable, wetlands as delineated by the applicant's scientists and confirmed by a concurrence letter from the Wisconsin Department of Natural Resources.

(f)

Existing and proposed easements on the subject property.

(g)

Adjoining public street rights-of-way, sidewalk locations, existing and proposed driveways and curb cuts, and parking and unloading areas.

(h)

Locations of existing and proposed building footprints with building setback lines shown.

(i)

Location of any existing or proposed signs.

(j)

Location and type of all outdoor lighting proposed to illuminate the site.

(k)

Existing land use and zoning of adjacent properties within 100 feet of the site, including: existing buildings, structures, and major features including but not limited to woodlands, wetlands, floodplains, steep slopes, and drainageways.

(l)

Location of any existing or proposed fire hydrants providing protection to the site.

(5)

Building plans. Building plans shall include the following:

(a)

Architectural elevation drawings, at a specified engineering scale depicting each side of new or remodeled buildings indicating materials and building dimensions.

(b)

One colored rendering of the front façade of the principal building showing the proposed color.

(6)

Grading and stormwater plans. Grading and stormwater plans shall include the following:

(a)

Spot elevations, including an onsite benchmark elevation.

(b)

Plan should clearly indicate proposed drainage patterns.

(c)

Existing and proposed topography shown at a contour interval of not less than two feet at national geodetic vertical datum.

(d)

Location and dimension of stormwater retention or detention basins and/or stormwater conveyances including calculations of anticipated stormwater impacts for the site.

(7)

Lighting plans. Lighting plans must be provided and shall include:

(a)

A photometric plan of the entire site.

(b)

Catalog cuts for the selected fixtures.

(c)

Pole design and mounting height.

(8)

Landscaping plans. Landscaping plans must be provided and shall include:

(a)

Notation of drawing scale.

(b)

Drawing orientation (indicated by conventional north arrow).

(c)

Name of landscape design professional.

(d)

Location of all existing vegetation which is equal to or exceeds the following sizes: 1) Deciduous trees greater than three-inch caliper; 2) evergreen trees five feet high or greater; and 3) shrubs greater than 36 inches in height.

(e)

Common name, location, botanical name, quantity, and planting size of all proposed plant material; and the location of other pertinent landscape features.

(f)

The location, design, height, and building material of all proposed walls, planter boxes, fences, bicycle racks and other site appurtenances.

(g)

Proposed method of saving existing vegetation during construction.

(h)

Plant installation details.

(i)

Proposed layout of vehicular use areas including the location, dimensions of parking spaces, curb islands, interior plantings, pedestrian walkways, and maneuvering aisles.

(j)

Location of existing and proposed street lights and fire hydrants in public right-of-way.

(k)

Size and location of all existing and proposed public and private utility improvements within the public right-of-way.

(l)

Property lines, easements, and right-of-way frontage with dimensions shown.

(m)

Sight triangles at intersections and at alley or driveway curb cuts.

(9)

Traffic study. A traffic study including existing traffic volumes, anticipated trip generation, and existing and proposed level of service on adjacent arterial and collector streets.

(10)

Other data.

(a)

Copies of private mains, easements, deed restrictions, covenants and other recorded documentation relative to the property.

(b)

Depending on the type and scale of the project, the city plan commission and/or staff may require additional information to assist in the review of the project.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The application for a conditional use permit shall be accompanied by a fee receipt from the treasurer for the appropriate amount as set forth in the current adopted fee schedule at the time.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Review by plan commission. On receipt of the application for a conditional use permit, the zoning administrator shall forward the application to the plan commission. The plan commission shall review the site plans, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, sewerage and water systems and the proposed operation.

(2)

Public hearing. The plan commission shall hold a public hearing on the proposed conditional use. Notice of the time and place of such hearing shall be published as a Class 1 notice not less than 15 nor more than 30 days preceding such hearing in one or more newspapers of general circulation in the city. The city clerk shall notify all abutting or opposite property owners, as listed by the developer in the original application, of the time, date and subject matter of the hearing; but failure to do so shall not invalidate any previous or subsequent action on the application.

(3)

Renewal of conditional use permits. If the common council provides that a conditional use permit shall expire on a date certain, instead of requiring the permit holder to comply with the full conditional use permit application process again, if the permit holder desires to renew the permit with no changes to the original permit, the permit holder may apply to the plan commission for a review of the existing conditional use permit. The permit holder shall apply for a renewal of the existing permit at least 60 days prior to the scheduled expiration of the original permit. The plan commission may, but is not required to, schedule a public hearing pursuant to subsection (2) above on the request for renewal. The city clerk is required to provide notice of the request for renewal to abutting landowners pursuant to subsection (2) above. If the plan commission determines that the conditional use permit may be renewed without modification, the plan commission may renew the conditional use permit for a period as determined by the plan commission. If the plan commission determines that the conditional use permit should not be renewed without modification, the plan commission shall require the permit holder to apply for a new conditional use permit pursuant to, article II, division 3 this chapter. The common council may establish a fee for the renewal of a conditional use permit by resolution.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 781-23, § 1, 1-17-23)

No conditional use shall be recommended by the plan commission for the approval of the common council unless the commission finds:

(1)

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.

(2)

The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair property values within the neighborhood.

(3)

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

(4)

Adequate utilities, access roads, drainage and other necessary facilities have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets.

(6)

The conditional use in all other respects conforms to the applicable regulations of the district in which it is proposed to be located.

(Ord. No. 643-09, §§ I, II, 4-8-09)

After review and public hearing, the plan commission may recommend to the common council and the common council may authorize the zoning administrator to issue a conditional use permit provided such uses or structures are in accordance with the purpose and intent of this chapter and are not hazardous, harmful, offensive or otherwise adverse to the environment or the value of the neighborhood or community.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Such conditions as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards or parking requirements may be recommended by the plan commission and required by the common council if it finds them necessary to fulfill the purpose and intent of this chapter.

(Ord. No. 643-09, §§ I, II, 4-8-09)

In the event the common council establishes no time limitation within which the proposed use is to be exercised, then the conditional use permit shall expire one year from the date of approval if the use is not operational. Nothing shall preclude an applicant from reapplying for the same conditional use permit upon expiration. An extension may be granted with approval of the common council.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Following their approval, site plans for conditional uses may not be revised except in accordance with the following. Two plan sets shall be submitted to the zoning administrator for his review and determination as to whether the proposed revision constitutes a major change, minor change or construction change. The common council and plan commission shall be informed of all site plan revision decisions. Three types of site plan revisions are possible:

(a)

Major change. At minimum, requires review and approval by the common council.

(b)

Minor change. At minimum, requires review and approval by the plan commission.

(c)

Construction change. At minimum, requires review and approval by the building inspector and zoning administrator.

(2)

The zoning administrator shall make the determination as to whether a particular site plan revision constitutes a major, minor, or construction change. Site plan revision decisions will be made with an understanding of the construction process. The zoning administrator may consult with the fire department, city engineer, and the city planner to make this determination. The most important factor in the decision will be the intent of the plan commission and common council approval. The zoning administrator may also determine that additional review by the plan commission or common council is required for any type of site plan revision. The plan commission and common council will be informed of all site plan revision determinations.

(3)

The general guidelines for determining the type of change include, but are not limited to, the following:

(a)

Major.

1.

The building shifts location more than one foot.

2.

The driveway shifts location more than five feet.

3.

The detention/retention pond changes from "soft" sides to concrete walls.

4.

The fire lane/access changes location more than two feet and/or shortens in length.

5.

Changes in final grade more than 18 inches.

6.

An increase in building height.

7.

Any other element not in compliance with plans that have been approved by the common council, or the plan commission (except items that constitute a minor change or construction change).

(b)

Minor.

1.

The building shifts location less than one foot.

2.

The driveway shifts location less than five feet.

3.

The detention/retention pond increases in width/depth less than five feet.

4.

The fire lane/access changes location less than two feet.

5.

Landscaping.

(c)

Construction. Changes to the site plan or building exterior (including landscaping) that may be required due to site conditions that arise that have less than a minor impact on the project, but still meet the intent of the approval.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The board of appeals shall consist of five citizen members appointed by the mayor subject to confirmation by the common council for three-year terms commencing on May 10 of the year of appointment. Vacancies shall be filled for the unexpired terms of members whose terms become vacant.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The mayor may appoint on or before May 10 for staggered terms of three years commencing on May 10 of the year of appointment two alternate members of the board in addition to the five members provided for in section 114-34. Annually, the mayor shall designate one of the alternate members as first alternate and the other as second alternate. The first alternate shall act, with full power, only when a member of the board refuses to vote because of interest or when a member is absent. The second alternate shall so act only when the first alternate so refuses or is absent, or when more than one member of the board so refuses or is absent. The provisions with regard to removal and the filling of vacancies applicable to regular members shall apply to such alternates.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Members of the board of appeals shall serve without compensation.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Members of the board of appeals shall be removable by the mayor for cause upon written charges and upon public hearing.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The board of appeals shall have the following powers:

(1)

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the zoning administrator.

(2)

Variances. To authorize upon appeal in specific cases such variances from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, literal enforcement will result in practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done; provided no such action shall have the effect of establishing in any district a use not permitted in such district.

(3)

Public utilities. To permit the erection and use of a building or premises in any location, subject to appropriate conditions and safeguards in harmony with the general purposes of this chapter, for public utility purposes that are reasonably necessary for public convenience and welfare.

(4)

Acting as zoning administrator. To reverse or affirm, wholly or in part, or modify any order, requirement, decision or determination with regard to the matter under consideration and, to that end, shall have all the powers of the zoning administrator.

(5)

Interpretations. To hear and decide applications for interpretation of the zoning regulations, also to hear and decide disputes relative to the boundaries of the zoning districts after the plan commission has made a review and recommendation.

(6)

Substitutions. To hear and grant applications for substitution of more restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made and the plan commission has made a review and recommendation. Whenever the board of appeals permits such a substitution, the use may not thereafter be changed without application.

(7)

Assistance. The board of appeals may request assistance from other city officers, departments, commissions, and boards.

(8)

Oaths. The chairman of the board of appeals may administer oaths and compel the attendance of witnesses.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Public meetings. All meetings and hearings of the board of appeals shall be open to the public.

(2)

Place. All meetings of the board of appeals shall be held at the city hall.

(3)

Quorum. A quorum for any meeting or hearing shall be four members, but a lesser number may meet and adjourn to a specified time.

(4)

Hearings. The board of appeals shall fix a reasonable time and place for the hearing, and give notice as provided for in section 114-42. At the hearing the appellant or applicant may appear in person, by agent, or by attorney. The chairman of the board of appeals shall place all witnesses under oath. The board of appeals shall hear all relevant evidence presented for and against the application. The chairman of the board of appeals may rule on exceptions to evidence and permit examination of witnesses.

(5)

Decisions. The concurring vote of four members of the board of appeals shall be necessary to reverse any order, requirement, decision or determination appealed from or to decide in favor of the applicant on any matter on which it is required to pass, or to effect any variation in the requirements of this chapter. The grounds of every such determination shall be stated and recorded. No order of the board of appeals granting a variance shall be valid for longer than six months from the date of such order unless a certificate of zoning compliance is obtained within such period and the erection or alteration of a building is started and diligently pursued to completion or the use is commenced within such period.

(Ord. No. 643-09, §§ I, II, 4-8-09)

No member of the board of appeals shall participate in any decision or vote upon any case in which he is financially interested, directly or indirectly.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Any person aggrieved or any officer, department, board or commission of the city affected by any decision or action of the zoning administrator under this chapter may appeal such decision or action to the board of appeals by filing a notice of appeal with the zoning administrator and with the board, specifying the grounds of appeal, within 30 days after the decision or action appealed from. The board of appeals may, after a public hearing thereon, determine and vary the regulations of this chapter in harmony with their general purposes and intent but only in the specific instances set forth in section 114-44, and only where the board of appeals makes findings of fact in accordance with the standards prescribed in section 114-43 and finds there will be hardships incurred by carrying out the strict letter of the regulations of this chapter.

(Ord. No. 643-09, §§ I, II, 4-8-09)

An application for a variance shall be filed in writing with the zoning administrator and shall contain such information as the board of appeals may, by rule, require. Notice of the time and place of such public hearing shall be published at least once in a newspaper of general circulation in the city and also by mailing notice thereof to the parties in interest, such publication and mailing to be made at least ten days prior to the date of the hearing. Notice shall also be given to the zoning administrator and members of the plan commission.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The board of appeals shall not vary the regulations of this chapter unless it makes findings based upon the evidence presented to it in each specific case that:

(1)

Because of the physical surroundings, shape or topographical conditions of the specific property involved, a hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out;

(2)

The conditions upon which the petition for a variance is based are unique to the property for which the variance is sought and are not generally applicable to other property within the same zoning classification;

(3)

The variance is not sought on the basis of economic gain or loss;

(4)

The alleged hardship is caused by this chapter and has not been created by any person presently having an interest in the property;

(5)

The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located;

(6)

The proposed variance will not impair an adequate supply of light and air to adjacent property or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood; and

(7)

The proposed variance will not materially impair or be contrary to the spirit, purpose and intent of this chapter, or the public interest.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Variances from the regulations of this chapter may be granted by the board of appeals only to the minimal extent necessary to provide relief from the hardship that provoked the variance request consistent with the intent of findings set forth under section 114-43.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The board of appeals shall reach its decision within 90 days from the filing of the application.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The board of appeals may impose such conditions and restrictions upon the premises benefited by a variance as may be necessary to maintain consistency with the findings set forth under section 114-43, the limits established under section 114-44 and the purpose and intent of this chapter.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The council shall appoint a zoning administrator, who shall have the power and duty to enforce the provisions of this chapter 114 and, as provided therein, chapter 46, flood plain regulations of the City of Columbus Code of Ordinances.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 746-19, § 2, 3-20-19)

The zoning administrator shall:

(1)

Provide zoning information upon request.

(2)

Receive applications for certificates of zoning compliance and occupancy permits, and issue such permits and certificates as appropriate.

(3)

Receive applications for conditional use permits, variances, amendments and appeals, referring such applications to the appropriate public body, notifying affected property owners of the required public hearings, and publishing legal notice of such hearings.

(4)

Conduct inspections for compliance with all applicable federal, state and local regulations.

(5)

Rule on compliance with all matters regulated under this zoning ordinance.

(6)

Investigate violations.

(7)

Undertake enforcement activities.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Compliance required. Upon the adoption of this chapter, no land shall be developed, no new use or structure shall be established or erected and no existing use or structure shall be enlarged, extended, structurally altered, relocated or reconstructed until a certificate of zoning compliance has been issued. The administrator shall not issue a certificate of zoning compliance unless he determines that the new construction and/or new use conform to the applicable provisions of this chapter.

(2)

Application. An application for a certificate of zoning compliance shall be made to the zoning administrator and shall be accompanied by plans in duplicate, drawn to scale, showing:

(a)

The name and address of the property owner.

(b)

The location, actual shape and dimensions of the lot to be built upon.

(c)

The high-water mark of any abutting watercourse.

(d)

The centerlines of abutting streets and highways.

(e)

The exact size and location on the lot of the proposed or existing main building and accessory building.

(f)

The lines within which the building will be erected, structurally altered or moved.

(g)

The existing and intended use of each building or part thereof.

(h)

The number of families the building is intended to accommodate.

(i)

Such other information with regard to the lot and neighboring lots or buildings as may be necessary to determine and provide for the enforcement of this chapter.

(3)

Fees. The application shall be accompanied by a fee as set forth in the current adopted fee schedule at the time.

(4)

Action on application. The zoning administrator shall issue or refuse to issue a certificate of zoning compliance within ten days after receipt of an application. Refusal to issue a certificate of zoning compliance shall be given in writing with the reasons for such refusal.

(5)

Temporary certificates. Under such rules and regulations as may be established by the common council, the zoning administrator may issue a temporary certificate of zoning compliance for part of a building.

(6)

Certificates for existing buildings. Upon written request from the owner, the zoning administrator shall issue a certificate of zoning compliance for any building or premises existing on June 22, 1977, provided on-site inspection shows the extent and kind of use made of the building or premises conforms to the provisions of this chapter.

(7)

Relationship to building permits. Upon the effective date of this chapter, the building inspector shall not issue any building permit for the erection, enlargement, extension, structural alteration or reconstruction of any structure unless the applicant for such permit presents to the building inspector a copy of the certificate of zoning compliance pertaining to such work.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(a)

Plan of operation required. Except as provided in subsections (c) and (g), no person or entity may use any property for any purpose, without an approved plan of operation issued pursuant to this section. Except as provided in subsections (c) and (g), no activity or enterprise may be engaged in or carried on upon any property, except as provided in an approved plan of operation issued pursuant to this section.

(b)

Temporary plan of operation. A temporary plan of operation is required for seasonal business operations, special events, vendor stalls, and other seasonal or short term nonresidential activities such as holiday tree sales and fruit and vegetable stands. The duration of a temporary plan of operation permit shall be established by the city council.

(c)

Exceptions. Approval of a plan of operation is not required for residential uses, city facilities and operations, or public school buildings and operations.

(d)

Application. An application for approval of a plan of operation shall be submitted to the zoning administrator on a form prescribed by the city, and shall include the following information:

(1)

The name and address of the applicant.

(2)

A description of the business, commercial, industrial or other activities that will occur on the property.

(3)

The name and address of the on-site manager of the business or entity.

(4)

The proposed hours during which activities will occur on the property.

(5)

The number of full-time and part-time employees that will be employed on the property, which may be expressed as a range of full-time and part-time employees.

(6)

If the plan of operation is for a multi-tenant building, the application shall include a plot plan for the building.

(e)

Standards for approval. A plan of operation shall be approved if the zoning administrator finds that the proposed use of the property does not violate any provision of this chapter and, if applicable, is permitted under the conditional use permit issued for the property.

(f)

New plan of operation required for changed operations. A new or amended plan of operation is required where:

(1)

The person or entity that owns or leases the property or operates the business on the property changes.

(2)

The number of employees working on the property increases beyond the maximum number specified in the existing plan of operation.

(3)

The hours of operation are changed.

(4)

The business, commercial, industrial or other activities that will occur on the property changes from the activities described in the existing plan of operation.

(g)

Existing uses. The lawful use of structures or land existing as of the date of adoption of the ordinance from which this section is derived may be continued without an approved plan of operation. For such uses, a plan of operation shall be required where:

(1)

The person or entity that owns or leases the property or operates the business on the property changes.

(2)

The number of employees working on the property increases beyond the number of employees as of the date of adoption of the ordinance from which this section is derived.

(3)

The hours of operation are changed from the hours of operation that existed as of the date of adoption of the ordinance from which this section is derived.

(4)

The business, commercial, industrial or other activities that will occur on the property changes from the activities that occurred on the property as of the date of adoption of the ordinance from which this section is derived.

(h)

Any person who violates the term of this section shall be subject to the penalties set forth in section 1-20 of this Code for any violation of this section, provided that the minimum forfeiture for a conviction for a violation of this section shall be $200.00 plus costs.

(Ord. No. 675-12, §§ 1, 2, 5-9-12)