To the fullest extent possible, the plan commission and its staff shall make available to the public all reports and documents concerning the city comprehensive plan and any component thereof. In addition:

(1)

All available information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed.

(2)

Where useful, marks on bridges or buildings or other markers may be set to show the depth of inundation during the 100-year recurrence interval floodplain at appropriate locations within the floodplain.

(3)

Where useful, wetland boundaries may be staked in the field and the boundaries may be identified on a plat of survey.

(4)

Information regarding the location of floodplains and wetlands shall be provided to realtors, lenders, and the general public. All legal descriptions of property containing floodplains or wetlands should include information designating the floodplains or wetland areas when property is transferred.

(5)

The plan commission may set fees necessary to recover the costs of providing information to the public.

(Code 2004, § 17.1002)

It shall be unlawful to construct or use any structure, land, or water in violation of any of the provisions of this chapter. Failure to secure the necessary permits prior to commencing construction shall also constitute a violation. In case of any violation, the common council, the building inspector, the plan commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter.

(Code 2004, § 17.1014)

Whenever an order of the building inspector has not been complied with within 30 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the common council, the building inspector, or the city attorney may institute appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.

(Code 2004, § 17.1015)

(a)

Any person who violates, disobeys, neglects, omits, or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in section 1-15. Each day a violation exists or continues shall constitute a separate offense, except that in order for the defendant to be charged with a second offense it shall be a separate and distinct violation as opposed to a continuing daily violation on the same provision.

(b)

The term "person" shall include a corporation, partnership, limited liability company or other entity. Any officer or registered agent of a corporation, any partner of a partnership and any member of a limited liability company or other entity may be directly and individually cited hereunder for a violation. The owner of the premises may also be cited for a violation hereunder even though not directly involved in the violation.

(Code 2004, § 17.1016)

All persons, firms, or corporations performing work which by this chapter requires the issuance of a permit shall pay a fee for such permit to the city treasurer to help defray the cost of administration, investigation, advertising and processing of permits and variances. The permits for which a fee is required are the building permit, certificate of occupancy, planned unit development review, conditional use permit, and sign permit. A fee shall also be required for a zoning text or map amendment, and a zoning appeal or variance. The fees shall be set forth in the city fee schedule, as may be amended from time to time.

(Code 2004, § 17.1012; Ord. No. 2063, 6-3-2003)

A double fee shall be charged by the building inspector if work is started before a permit is applied for and issued. Such double fee shall not release the applicant from full compliance with this chapter nor from prosecution for violation of this chapter.

(Code 2004, § 17.1013)

(a)

Notice of any public hearing which the common council, plan commission, or zoning board of appeals is required to hold under the terms of this chapter shall specify the date, time and place of hearing, and the matter to be presented at the hearing. Pursuant to Wis. Stats. ch. 985 the notice shall be published as a Class 2 notice in a newspaper of general circulation in the city at least once each week for two consecutive weeks, the last publication of which shall be at least one week before the public hearing.

(b)

Notice of the public hearing shall be mailed to all parties-in-interest at least 10 days before the hearing. Parties-in-interest shall be defined as the petitioner, the clerk of any municipality whose boundaries are within 1,000 feet of any lands included in the petition, and the owners of all lands included in the petition and all lands lying within 300 feet of lands included in the petition. The failure to give any notice to any property owner shall not invalidate the action taken by one of the aforementioned bodies.

(Code 2004, § 17.1301)

The director of economic development, inspections and zoning (director) is designated as the administrative and enforcement officer for the provisions of this chapter. The duty of the chief building inspector shall be to administer this chapter at the direction of the director and to issue, after on-site inspection if needed, all permits required by this chapter. The director shall further:

(1)

Maintain records of all permits issued, inspections made, work approved, and other official actions.

(2)

Record the lowest floor elevations of all structures erected, moved, altered, or improved in the floodplain districts.

(3)

Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.

(4)

Investigate all complaints made relating to the location of structures and the use of structures, lands, and waters, give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the city attorney in a manner specified by him.

(5)

Assist the city attorney in the prosecution of Code violations.

(6)

Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with Wis. Stats. § 66.0119.

(7)

Prohibit the use or erection of any structure, land or water until he has inspected and approved such use or erection.

(8)

Request assistance and cooperation from the city police department and city attorney as deemed necessary.

(9)

Attend all meetings of the city plan commission and the city board of zoning appeals.

(Code 2004, § 17.1003)

The city plan commission shall have the duties of making reports and recommendations related to the planning and development of the city to public officials, agencies, public utility companies, civic, educational, professional and other organizations, and citizens. The plan commission may employ staff and shall oversee the operation of the office of the zoning administrator. The commission, its members and employees, in the performance of its functions, may enter upon any land and make examinations and surveys. In general, the plan commission shall have such powers as may be necessary to enable it to perform its function and promote municipal planning.

(Code 2004, § 17.1001)

(a)

Approval required. For the purpose of promoting compatible development, stability of property values, and to prevent impairment or depreciation of property values, no person shall commence any use or erect any structure in any district other than the RS-1, RS-2, RD-1, and RD-2 districts, without first obtaining the approval of detailed site and architectural plans as set forth in this section. New construction, additions and major alterations of principal structures in the RS-1, RS-2 RD-1, and RD-2 districts shall be reviewed solely by the building inspector or zoning administrator.

(b)

Review by plan commission. The plan commission shall review the site, existing and proposed structures, architectural plans, neighboring uses, parking areas, driveway locations, loading and unloading, highway access, traffic generation and circulation, drainage, sewerage and water systems, utilization of landscaping and open space, and the proposed operation in all districts.

(c)

Project approval. All projects requiring review and approval by the city plan commission shall be commenced within six months of the date of approval and completed within 18 months of the approval. The plan commission shall have the discretion and authority to modify these dates as the project or special circumstances may warrant.

(1)

Principles. To implement and define criteria for the purposes set forth above, the following principles in addition to the city design guidelines are established to apply to all new structures and uses and to changes or additions to existing structures and uses.

a.

No building shall be permitted the design or exterior appearance of which is of such unorthodox or abnormal character in relation to its surroundings as to be unsightly or offensive to generally accepted taste and community standards.

b.

No building shall be permitted the design or exterior appearance of which is so identical with those adjoining as to create excessive monotony or drabness.

c.

No building shall be permitted where any exposed facade is not constructed or faced with a finished material which is aesthetically compatible with the other facades and presents an attractive appearance to the public and to surrounding properties. Metal faced buildings may be permitted where facades exposed to the public way are comprised, in whole or part, of an architecturally significant masonry material. Such material may be brick, textured CMU, finished precast panels, dimensional, cementitious siding or any aesthetically pleasing mix thereof in aggregate not less than 25 percent of the facade area.

d.

No building or sign shall be permitted to be sited on the property in a manner which would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as it would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

e.

No building or use shall be permitted that would have a negative impact on the maintenance of safe and healthful conditions in the city.

f.

Buildings and uses shall maintain existing topography, drainage patterns, and vegetative cover insofar as is practical. The plan commission may require that drainage easements be executed.

g.

Appropriate erosion control measures shall be utilized in all new development.

h.

Buildings and uses shall provide for safe traffic circulation and safe driveway locations.

i.

Buildings and uses shall provide adequate parking and loading areas.

j.

Buildings and uses shall be provided with adequate public services as approved by the appropriate utility.

k.

Buildings and uses shall make appropriate use of open spaces and the city plan commission may require appropriate landscaping and planting screens.

l.

No less than 10 percent of the gross area of a lot shall be subject to a managed landscape plan.

m.

Pole structures are prohibited in all districts, but may be permitted as temporary structures in the M-1, M-2, B-2 and B-5 zoning districts in compliance with the provisions of this chapter and state and federal law.

(2)

Sureties. The plan commission may impose time schedules for the completion of buildings, parking areas, open space utilization, and landscaping. The plan commission may require appropriate sureties to guarantee that improvements will be completed on schedule.

(3)

Appeals. Any person or persons aggrieved by any decision of the plan commission related to plan review may appeal the decision to the board of zoning appeals. Such appeal shall be filed with the city clerk within 30 days after the decision of the plan commission.

(Code 2004, § 17.1009; Ord. No. 2356, 1-4-2011; Ord. No. 2559, §§ 28, 29, 8-19-2025)

There is hereby established a board of zoning appeals for the city for the purpose of hearing appeals and applications, and for granting variances and exceptions to the provisions of this zoning code.

(Code 2004, § 17.1101)

The board of zoning appeals shall consist of five members appointed by the mayor and confirmed by the common council.

(1)

Terms. Terms shall be for staggered three-year periods.

(2)

Chairperson. A chairperson shall be designated by the mayor, and in his failure to do so, the first confirmed nominee shall serve as chairman, and the second confirmed nominee shall serve as vice-chairman.

(3)

Alternate members. The mayor shall appoint a first alternate member and a second alternate member to act only when a regular member is absent or refuses to vote because of interest. The second alternate member may act only when the first alternate is unable to act or is already sitting.

(4)

Secretary. The board shall elect its own secretary.

(5)

Custodian of records. The custodian of records shall be the city clerk.

(6)

Technical assistance at meetings. The building inspector, or a designee from the office of the building inspector, shall attend all meetings for the purpose of providing technical assistance.

(7)

Taking of official oaths. Official oaths shall be taken by all members in accordance with Wis. Stats. § 19.01 within ten days of receiving notice of their appointment.

(8)

Filling of vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

(Code 2004, § 17.1102)

The board of zoning appeals shall organize and adopt rules of procedure for its own government in accordance with the provisions of this chapter.

(1)

Meetings shall be held at the call of the chairman and shall be open to the public.

(2)

Minutes of the proceedings and a record of all actions shall be kept by the secretary, or other designated person, showing the vote of each member upon each question, the reasons for the board's determination, and its finding of facts. These records shall be immediately filed in the office of the city clerk and shall be a public record.

(3)

The presence of three members of the board shall constitute a quorum. If a quorum is present, a majority vote of the board shall be necessary to reverse any order, requirement, decision or determination of any administrative official; grant a variance; or make an interpretation.

(Code 2004, § 17.1103; Ord. No. 2140.1, § 1, 11-2-2022)

The board of zoning appeals shall have the following powers:

(1)

Errors. To hear and decide appeals when it is alleged there is error in any order, requirement, decision, or determination made by any administrative official.

(2)

Variances. To hear and grant appeals for variances as will not be contrary to the public interest, when, owing to special conditions, a literal enforcement will result in unnecessary hardship, so that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. Use variances shall not be granted.

(3)

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 city plan commission has conducted a review and made a recommendation. Whenever the board permits such a substitution, the use may not revert and may not be changed thereafter without application.

(4)

Permits. The board may reverse, affirm wholly, or partly modify the requirements appealed from, and may direct the issue of a permit.

(5)

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

(6)

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

(Code 2004, § 17.1104)

Appeals of the decision of the building inspector or any administrative official concerning the literal enforcement of this chapter may be made by any person aggrieved or by any officer, department, commission, or board of the city. Such appeals shall be filed with the city clerk within 30 days after the date of written notice of the decision or order of the building inspector or any administrative official. Applications may be made by the owner or lessee of the structure, land, or water to be affected at any time and shall be filed with the city clerk. Such appeals and applications shall include the following:

(1)

Name and address of the appellant or applicant and all abutting and opposite property owners of record.

(2)

Site plan, or plat of survey prepared by a registered land surveyor showing all of the information required under section 44-1315 for a building permit.

(3)

Additional information required by the city plan commission, public works director, board of zoning appeals, or building inspector.

(4)

A nonrefundable appeals fee as set out in section 14.06(14)(aa) must be paid upon filing any appeal with the board of zoning appeals before any appeal is deemed to have been taken.

(Code 2004, § 17.1105; Ord. No. 2064, 6-3-2003; Ord. No. 2140, 3-15-2005)

The board of zoning appeals shall fix a reasonable time and place for the hearing, shall give public notice thereof, and shall give due notice to the parties in interest, the building inspector, and the city plan commission. At the hearing the appellant may appear in person, by agent, or by attorney.

(Code 2004, § 17.1106)

The board of zoning appeals shall transmit a copy of each application for a variance to conservancy regulations in a shoreland or to floodplain regulations, and a copy of all shoreland and floodplain appeals, to the state department of natural resources for review and comment at least ten days prior to any public hearings. Final action on the application shall not be taken for 30 days or until the state department of natural resources has made its recommendation, whichever comes first. A copy of all decisions relating to variances to conservancy regulation in a shoreland or to floodplain regulations, and a copy of all decisions to shoreland and floodplain appeals, shall be transmitted to the state department of natural resources within ten days of the date of such decision.

(Code 2004, § 17.1107)

No variance to the provisions of this chapter shall be granted by the board unless it finds that all the following facts and conditions exist and so indicates such in the minutes of its proceedings.

(1)

Preservation of intent. No variance shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No variance shall have the effect of permitting a use in any district that is not a stated principal use, accessory use, or conditional use in that particular district.

(2)

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties of uses in the same district, and the granting of the variance should not be of so general or recurrent nature as to suggest that this chapter should be changed.

(3)

Economic hardship and self-imposed hardship not grounds for variance. No variance shall be granted solely on the basis of economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of a variance.

(4)

Preservation of property rights. The variance must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

(5)

Absence of detriment. No variance shall be granted that will create substantial detriment to adjacent property or that will materially impair or be contrary to the purpose and spirit of this chapter or the public interest.

(6)

Additional requirements in floodplain districts. Nonconforming uses and structures in the FWO Floodway Overlay District and FFO Floodplain Fringe Overlay District shall comply with the provisions of section 44-1232. No variance shall be granted in such floodplain districts where:

a.

Filling and development contrary to the purpose and intent of the FWO Floodway Overlay District would result.

b.

A change in the boundaries of the FWO Floodway Overlay District or the FFO Floodplain Fringe Overlay District would result.

c.

An increase in flood stage equal to or greater than 0.01 foot for the particular area would result.

d.

Any residential or commercial basement or crawlway located below the 100-year recurrence interval flood elevation would result.

e.

Any change or alteration of an historic structure, including its use, would result in the structure losing its designation as an historic structure.

f.

Any action contrary to the provisions of Wis. Admin. Code ch. NR 116, would result.

(Code 2004, § 17.1108; Ord. No. 2219, 9-16-2006)

(a)

Wetland disputes. Whenever the board of zoning appeals is asked to interpret a C-1 Conservancy District boundary where an apparent discrepancy exists between the city's final wetland inventory map and actual field conditions, the city shall contact the state department of natural resources, or other appropriate authority, to determine if the wetland inventory map is in error. If the state department of natural resources staff, or the staff of another appropriate authority, concurs that the particular area was incorrectly mapped as a wetland, the board of zoning appeals shall direct the city plan commission to initiate appropriate action to rezone the property within a reasonable amount of time.

(b)

Floodplain disputes. Whenever the board of zoning appeals is asked to interpret a floodplain boundary where an apparent discrepancy exists between the zoning map and actual field conditions, the following procedure shall be used. The floodplain boundary shall be determined by use of the flood profiles contained in the Federal Flood Insurance Study or an engineering study, or where such information is not available, by historical data, flood maps, or any other evidence available to the board of zoning appeals. The person contesting the location of the district boundary shall be given the opportunity to present his or her own technical evidence. Where it is determined that the floodplain is incorrectly mapped, the board of zoning appeals shall advise the city plan commission of its findings and the plan commission shall proceed to petition the common council for a map amendment.

(c)

Shoreland disputes. Whenever the board of zoning appeals is asked to interpret the location of a shoreland boundary, the building inspector shall contact the appropriate regional office of the state department of natural resources for a determination of navigability or ordinary high water mark (OHWM) location.

(Code 2004, § 17.1109; Ord. No. 2219, 9-16-2006)

The board of zoning appeals shall decide all appeals and applications within 30 days after the public hearing and shall transmit a signed copy of the board's decision to the appellant or applicant, building inspector, and city plan commission.

(1)

Conditions may be placed upon any building permit ordered or authorized by this board.

(2)

Variances or substitutions granted by the board shall expire within six months unless substantial work has commenced pursuant to such grant.

(3)

Applicants receiving variances in floodplains. Pursuant to federal regulations 44 (CFR Part 60.6(5)), applicants receiving variances in floodplains shall be notified, in writing, by the board of zoning appeals that increased flood insurance premiums and risk to life and property may result from the granting of the variance. The board shall keep a record of the notification in its files.

(Code 2004, § 17.1110)

Any person or persons aggrieved by any decision of the board of zoning appeals may present to the court of record a petition duly verified setting forth that such decision is illegal and specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board of zoning appeals.

(Code 2004, § 17.1111)

No structure shall hereafter be located, erected, moved, reconstructed, extended, enlarged, or structurally altered until after the owner or his agent has secured a building permit from the director or his designee. Applications for building permit shall be made to the department on forms furnished by the department and shall include the following where applicable.

(1)

Name and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

(2)

Description of the subject site by lot, block and recorded subdivision, or metes and bounds; address of the subject site; type of structure; existing and proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site lies.

(3)

Plat of survey prepared by a registered land surveyor showing the location, boundaries, dimensions, elevations to city datum, uses, and sizes of the following: subject site; existing and proposed structures; existing and proposed easements, streets, and other public ways; off street parking, loading areas and drive-ways; existing highway access restrictions; and existing and proposed street, side, and rear yards. In addition, the plat of survey shall show the location, elevation, and use of any abutting lands and their structures within 40 feet of the subject site. If the application is for construction of a fence, and the applicant submits to the building inspector an existing plat of survey which meets the foregoing requirements, or if the application is for replacement of an existing lawful fence in the same location, or if other proof of proper location of the fence is provided that is satisfactory to the building inspector, the building inspector may waive the requirement that the applicant have a new plat of survey prepared before approving the permit for the fence.

(4)

Proposed sewage disposal plan, if connection is not to be made to the municipal sewerage system, which shall comply with all city ordinances, Wis. Admin. Code ch. SPS 383 and other applicable laws and regulations. The public works director must certify that adequate and safe sewage disposal is possible on the site, based on the sewage disposal plan, prior to issuance of a building permit.

(5)

Proposed water supply plan, if connection is not to be made to the municipal water supply system, which shall comply with all city ordinances, Wis. Admin. Code ch. NR 812 and other applicable laws and regulations. The public works director must certify that an adequate and safe supply of water is possible on the site, based on the water supply plan, prior to issuance of a building permit.

(6)

Condominium declaration. Any developer of land in the city who elects to create a condominium pursuant to Wis. Stats. ch. 703 shall submit a copy of the condominium declaration, and any amendment thereto, to the building inspector to be attached to the file copy of the building permit application.

(7)

Additional information as may be required by the director, city plan commission, public works director, building inspector, plumbing inspector or other city official.

(8)

A building permit shall be granted or denied in writing by the director within 30 days after application. All conditional use permits shall be granted or denied within 60 days after application, unless the time is extended by mutual consent of the applicant and the city. The permit shall expire within six months unless substantial work has commenced, and within 18 months if the structure for which the permit was issued is not substantially completed. Any permit issued in conflict with the provisions of this chapter shall be null and void.

(Code 2004, § 17.1004; Ord. No. 2490, § 1, 5-19-2020)

(a)

No land, building, or part of a building used or proposed to be used for business or industrial purposes shall be occupied by a new tenant or a new owner or shall have the use changed without the issuance of a certificate of compliance by the director. A certificate of compliance shall be deemed a prerequisite to any permit for occupancy and a constituent part thereof and shall involve a systematic inspection of the premises to reasonably determine a hazard-free, code compliant condition. No occupancy permit shall be issued unless and until all orders to correct deficiencies have been satisfied. Such certificates shall show that the building or premises or part thereof is in substantial compliance with the applicable zoning and building codes of the city and is ready for suitable occupancy as determined by code. Application for a certificate of compliance shall be made in the same manner as an application for a permit of occupancy or a building permit. An application for a certificate of compliance shall be filed prior to any major remodeling, change of use, or change of occupant. No certificate of compliance shall be required upon change of ownership of the premises when there is no actual physical change of contents, use or tenants except upon complaint or observance of code violations All unlawful occupancies shall be prohibited and placarded by the department.

(b)

No land within a floodplain overlay district shall be developed, occupied, or used, and no structure hereafter erected, altered, or moved within a floodplain district shall be occupied until the applicant submits to the building inspector a floodplain certificate of compliance, certified by a registered professional engineer or land surveyor, that the floodplain regulations set forth in this chapter have been fully complied with. Such certification shall include the first floor and basement floor elevations of any structure erected on the site.

(Code 2004, § 17.1005; Ord. No. 2219, 9-16-2006)

The city plan commission may authorize the director to issue a conditional use permit for conditional uses after review and a public hearing, provided that such conditional uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environment or the value of the neighborhood or the city. Applications for conditional use permits shall be made to the director on forms furnished by the director and shall include the following where pertinent and necessary for proper review by the plan commission:

(1)

Names and addresses of the applicant, owner of the site, architect, professional engineer, and contractor.

(2)

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds, address of the subject site; type of structure; proposed operation or use of the structure or site; number of employees; and the zoning district within which the subject site is located.

(3)

For floodplain conditional uses, such description shall also include information that is necessary for the plan commission to determine whether the proposed development will hamper flood flows, impair floodplain storage capacity, or cause danger to human or animal life. This additional information shall include plans and a recommendation certified by a registered professional engineer or land surveyor, showing elevations or contours of the ground; fill or storage elevations; first floor elevations of structures; size, location, and spatial arrangement of all existing and proposed structures on the site; location and elevation of streets, water supply, and sanitary facilities; photographs showing existing land uses and vegetation upstream and downstream; soil types; and other pertinent information.

(4)

Plat of survey prepared by a registered land surveyor showing all of the information required under section 44-1315(3), for a building permit and, in addition, the mean and historic high water lines and floodplains on or within 40 feet of the subject premises and existing and proposed landscaping.

(5)

Additional information as may be required by the city plan commission, the director and his designees.

(6)

Review and approval. The city plan commission shall review the site, 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 plan of operation. Conditions such 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 required by the city plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(7)

Compliance with all other provisions of this chapter, such as lot width and area, yards, height, parking, loading, traffic, and highway access shall be required of all conditional uses. Variances shall only be granted as provided in section 44-1290.

(8)

Public hearing. The city plan commission shall hold a public hearing on each application giving public notice as specified in this chapter. The plan commission may subsequently issue the conditional use permit with appropriate conditions, deny the permit with reasons, or require the submittal of a modified application.

(9)

Notice to state department of natural resources. The plan commission shall transmit a copy of each application for a conditional use within a shoreland-wetland in the C-1 Lowland Conservancy District, and a copy of each application for a conditional use in the FWO Floodway Overlay or FFO Floodplain Fringe Overlay District, to the state department of natural resources at least ten days prior to the public hearing. Final action on the application shall not be taken for 30 days or until the state department of natural resources has made its recommendation, whichever comes first. A copy of all conditional use decisions for uses within the shoreland or a floodplain shall be transmitted to the state department of natural resources within ten days following the decision.

(10)

Amendments. Changes subsequent to the initial issuance of a conditional use permit which would result in a need to change the initial conditions shall require an amendment to the conditional use permit. Enlargement of a conditional use shall be considered an amendment. The process for amending a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(11)

Revocation of conditional use permit. Should a permit applicant, his heirs or assigns, fail to comply with the conditions of the permit issued by the plan commission or should the use, or characteristics of the use be changed without prior approval by the plan commission, the conditional use permit may be revoked. The process for revoking a permit shall generally follow the same procedures as those required for granting a conditional use permit as set forth in this section.

(Code 2004, § 17.1006)

It is the responsibility of the permit applicant to secure all other necessary permits required by any state, federal, or county agency. This includes, but is not limited to, a water use permit pursuant to Wis. Stats. ch. 30 or a wetland fill permit pursuant to section 404 of the Federal Clean Water Act or a water quality certification from the state department of natural resources.

(Code 2004, § 17.1008)

Whenever the public necessity, convenience, general welfare, or good zoning practice require, the common council may, by ordinance, change the district boundaries or amend, change, or supplement the regulations established by this chapter or amendments thereto. Such change or amendment shall be subject to the review and recommendation of the city plan commission.

(Code 2004, § 17.1201)

A change or amendment may be initiated by the common council or city plan commission or by a petition of one or more of the owners or lessees of property within the area proposed to be changed.

(Code 2004, § 17.1202)

Petitions for any change to the district boundaries or amendments to the regulations shall be filed with the city plan commission, describe the premises to be rezoned or the regulations to be amended, list the reasons justifying the petition, specify the proposed use, and have attached the following:

(1)

Plot plan drawn to a scale of one inch equals 100 feet showing the area proposed to be rezoned, its location, its dimensions, the location and classification of adjacent zoning districts, and the location and existing use of all properties within 300 feet of the area proposed to be rezoned.

(2)

Owners names and addresses of all properties lying within 300 feet of the area proposed to be rezoned.

(3)

Additional information required by the city plan commission or common council.

(Code 2004, § 17.1203)

The city plan commission shall review all proposed changes and amendments within the corporate limits and shall recommend that the petition be granted as requested, modified and granted, or denied.

(Code 2004, § 17.1204)

The common council shall hold a public hearing upon each petition giving public notice thereof, listing the time, place, and the changes or amendments proposed. The common council shall also give at least ten days' prior written notice to the clerk of any municipality within 1,000 feet of any land to be affected by the proposed change or amendment.

(Code 2004, § 17.1205)

As soon as possible after such public hearing, and after careful consideration of the city plan commission's recommendations, the common council shall act on the petition either approving, modifying and approving, or disapproving of the same.

(Code 2004, § 17.1206)

The common council shall not permit changes to the floodplain district boundaries that are inconsistent with the purpose and intent of this chapter or in conflict with the applicable rules and regulations of the state department of natural resources and the Federal Emergency Management Agency (FEMA).

(1)

Changes to the FWO Floodway Overlay District boundaries. Changes to the FWO Floodway Overlay District boundaries shall not be permitted where the change will increase the flood stage elevation equal to or more than 0.01 foot in height, unless the petitioner has made appropriate legal arrangements with all affected units of government and all property owners affected by the stage increase. No change in the boundaries of the FWO district shall be permitted where development will result in an increase in the elevation of the 100-year recurrence interval floodplain because of a loss in floodplain storage. Petitions for floodway overlay district changes shall show the effects of the change within the associated flood fringe, and shall provide adjusted water surface profiles and adjusted floodplain limits to reflect the increased flood elevations.

(2)

Removal of land from the floodplain districts. Removal of land from the floodplain districts shall not be permitted unless the land has been filled to an elevation at least two feet above the elevation of the 100-year recurrence interval flood and provided that such land is contiguous to lands lying outside of the floodplains.

(3)

Amendment of floodplains which were delineated by approximate methods. Amendment of floodplains which were delineated by approximate methods shall not be permitted unless the petitioner provides the city with engineering data showing the flood profile, necessary stream cross-sections, flood elevations, and any effect the establishment of a floodway/flood fringe will have on flood stages. The effects shall be limited as set forth above for changes in the FWO district. If the approximate flood zone is five acres or less in area, and where the cost of the proposed development is estimated to be $125,000.00 or less, the state department of natural resources shall assist the petitioner in determining the required flood elevations.

(4)

Alteration or relocation of river or stream. No river or stream shall be altered or relocated until a floodplain zoning change has been applied for and granted in accordance with the requirements of this section, and until all adjacent communities have been requested to review and comment on the proposed alteration or relocation. The flood-carrying capacity of the altered or relocated watercourse shall not be reduced to less than the flood-carrying capacity before the watercourse was altered or relocated.

(5)

Notice to and approval by state department of natural resources. A copy of all notices for amendments or rezoning in the FWO and FFO Overlay Districts shall be transmitted to the state department of natural resources at least ten days prior to the public hearing. Notice of action taken shall be provided to the state department of natural resources within ten days of the decision. No amendments to the floodplain district boundaries or regulations shall become effective until approved by the state department of natural resources.

(6)

Notice to and approval by FEMA. Notices of action taken for amendments or rezoning in the FWO and FFO districts shall be transmitted to the regional office of the Federal Emergency Management Agency (FEMA) within ten days of the decision. In the case of FWO or FFO district boundary changes, FEMA will determine if an official letter of map amendment (LOMA) or letter of map revision-based on fill (LOMR-F) will be required. The LOMA and LOMR-F are only waivers of federal flood insurance requirements; however, the mortgage lender retains the prerogative to require flood insurance as a condition of providing financing, regardless of the location of the structure. In addition, these letters do not fulfill minimum requirements for removing land from the floodplain. To remove land from floodplain, the requirements in subsection (2) of this section must be met. No amendments to the floodplain district boundaries or regulations shall become effective until approved by FEMA.

(Code 2004, § 17.1207; Ord. No. 2219, 9-16-2006)

(a)

Notice to state department of natural resources. The city shall transmit a notice of any change (text or map) in the C-1 district if such change affects land in the shoreland, as defined in section 44-4, to the state department of natural resources. Notice requirements shall be as follows:

(1)

A copy of every petition for a text or map change mailed within five days of filing with the city plan commission.

(2)

At least ten days prior notice of any public hearing on a Shoreland C-1 zoning amendment.

(3)

Notice of a city plan commission recommendation no later than ten days following the recommendation.

(4)

Notice of a common council decision no later than ten days following the decision.

(b)

Review standards. No wetland in a shoreland portion of a C-1 district shall be rezoned if the rezoning may result in a significant adverse impact on storm or floodwater storage capacity; maintenance of dry season streamflow, the discharge of groundwater from the wetland to another area, or the flow of groundwater through a wetland; filtering or storage of sediments, nutrients, heavy metals, or organic compounds that would otherwise drain into navigable waters; shoreline protection against soil erosion; fish spawning, breeding, nursery or feeding grounds; wildlife habitat; or areas of special recreational, scenic or scientific interest, including scarce wetland types.

(c)

State department of natural resources objections. If the state department of natural resources has notified the city plan commission that an amendment to the shoreland portion of the C-1 district may have a significant adverse impact upon any of the criteria listed in subsection (b) of this section, that amendment, if approved by the common council, shall contain the following provision:

"This amendment shall not take effect until more than 30 days have elapsed since written notice of the common council's approval of this amendment was mailed to the department of natural resources. During that 30-day period, the department of natural resources may notify the common council that it will adopt a superseding shoreland code for the city pursuant to Wis. Stats. § 62.231(6). If the department does so notify the common council, the effect of this amendment shall be stayed until the Wis. Stats. § 62.231(6) adoption procedure is completed or otherwise terminated."

(Code 2004, § 17.1208)

In the event of a protest against such district change or amendment to the regulations of this chapter, duly signed and acknowledged by the owners of 20 percent or more of the land area included in such proposed change, or by the owners of 20 percent or land area immediately adjacent and extending 100 feet therefrom, or by the owners of 20 percent or more of the land directly opposite thereto extending 100 feet from the street frontage of such opposite land, such change or amendment shall not become effective except by the favorable vote of three-fourths of the common council members present and voting.

(Code 2004, § 17.1209)