Site plan and appearance approval is required for certain types of land uses permitted in this chapter. The approval of a site plan is required for the following reasons:

(1)

To promote the public health, safety, morals, comfort, and general welfare of the citizens of the city.

(2)

To enhance the values of property throughout the city.

(3)

To avoid and prevent deterioration of the general appearance of buildings, structures, landscaping, and open areas.

(4)

To encourage and promote an efficient use of the land.

(5)

To assure that site development takes into account the efficient provision of vehicular and pedestrian access, public utilities, stormwater management facilities, and other elements of public infrastructure and public facilities.

(6)

To encourage and promote acceptability, attractiveness, cohesiveness, and compatibility of new buildings, development, remodeling and additions.

(7)

To preserve and protect the appearance and aesthetic quality of the city.

(Code 1997, § 17.25; Rep. and Recr. #411)

(a)

No person shall commence any use, erect any structure or obtain a building permit without first obtaining the approval of a site plan and appearance review submittals by the plan commission as set forth in this section and no use shall be carried on and no structure erected or enlarged, except as shown upon an approved site plan and appearance review submittals.

(b)

No certificate of occupancy shall be granted until all improvements shown on an approved site plan and appearance review submittals have been completed in accordance therewith, provided that upon a finding by the administrator that certain improvements cannot be completed due to seasonal or other factors beyond the control of the developer and that temporary occupancy prior to completion will involve no health or safety hazard, he may issue a temporary certificate of occupancy bearing an expiration date, which date shall allow reasonable time for completion, upon posting a cash bond equivalent to the sum estimated by the administrator to be needed to complete all required improvements, conditioned on completion of all required improvements prior to the date of expiration of the temporary certificate of occupancy.

(c)

Acceptance of a temporary certificate of occupancy implies consent to application of the bond money to completion of any required improvements not completed prior to the expiration date of the temporary certificate of occupancy and forfeiture of any portion thereof not so applied, but no action or inaction by the city in respect to any required improvement shall serve to extend the time of validity of any temporary certificate of occupancy or excuse any violation of this chapter.

(d)

A temporary certificate of occupancy may, however, be extended in time and from time to time for good cause shown and any such extension shall operate to extend for the same period the time for completion under the terms of the bond.

(Code 1997, § 17.26; Rep. and Recr. #411)

The following structures and uses are exempt from the site plan and appearance approval requirements:

(1)

Single-family dwellings and permitted accessory structures.

(2)

Minor exterior alterations such as painting, re-siding, re-roofing, window replacement and other repairs to the exterior of a structure that do not alter the color, size, shape, architectural character or illumination of the property.

(3)

Signs that replace existing sign panels without changing the dimensions or character of the sign and type or intensity of lighting or illumination.

(4)

Structures on farms over ten acres in size in the A-1 or AE-1 district directly related to the operation of the farming business.

(5)

In the Historic Downtown Delafield District, colors of all non-masonry structures, signs, and site amenities shall be compatible to the adopted Historic Downtown Delafield District color palette. All color changes may be approved by city administrator or the administrator's designee.

(Code 1997, § 17.27; Rep. and Recr. #411; Am. #445; Cr. #521; Resc. #616; Am. #719)

Every site plan and appearance approval application shall be submitted to the administrator along with two full, complete signed copies of all items required on application and listed below, as well as property owner and applicant signatures. Additionally the all of the same shall be submitted to the city clerk-treasurer in digital (i.e., PDF) format.

(1)

The boundary dimensions of the area included in the site plan and the lot area of the land included in the site plan.

(2)

Existing and proposed grades, drainage systems, and structures with topographic contours at intervals not exceeding two feet. The topographic contours shall extend a minimum of 25 feet outside the property boundaries.

(3)

The shape, size, location, height, and floor area of all structures and the floor area and finished ground and basement floor grades.

(4)

Location and species of all trees over four inches in diameter at a height of five feet from the ground.

(5)

Natural features such as wood lots, drainage ways, streams, and lakes or ponds and manmade features such as existing roads and structures, with indication as to which are to be retained and which removed or altered.

(6)

Adjacent properties and their uses shall be identified.

(7)

Proposed streets, driveways, parking spaces, sidewalks, and other pedestrian or vehicular circulation facilities, with indication of direction of travel for one-way streets and drives and inside radii of all curves. The width of streets, driveways, and sidewalks and the total number of parking spaces shall be shown.

(8)

Architectural plans and general floor plans shall be provided for all new buildings. These drawings and plans should show sufficient detail to indicate the architectural design of the proposed buildings, but all design details are not required at this stage.

(9)

Landscape plan showing all new plantings and retained existing plant materials. The landscape plan shall include the number, species, time of installation, and size of materials at installation.

(10)

A colored rendering of the front elevation of the principal buildings showing colors and materials.

(11)

The location, general design, and dimension of all signs, including ground signs, wall signs, roof signs, and directory signs.

(12)

The location, height, design, and power of all exterior lighting.

(13)

The size and location of all existing and proposed public and private utilities on the site.

(14)

A vicinity sketch showing the location of the site in relation to the surrounding street system.

(15)

The name, address, and telephone number of the owner, developer and designer.

(16)

For residential projects, the number and size of dwelling units, anticipated resident population, and the anticipated population under 18 years of age.

(17)

For nonresidential projects, the amount of floor area, the number of anticipated employees, and number of parking stalls.

(18)

Any other information necessary to establish compliance with this chapter and other applicable city ordinances.

(Code 1997, § 17.28; Rep. and Recr. #411; Rep. & Recr. #674)

The purpose of these criteria is to establish a checklist of those items that affect the physical aspect of the city's environment that the plan commission will use in reviewing site plan and appearance permit applications. These criteria are not intended to restrict imagination, innovation, or variety, but rather to assist in focusing on design principles that can result in creative solutions that will develop satisfactory visual appearance within the city, preserve taxable values, and promote the public health, safety, and welfare.

(1)

Landscape and site treatment.

a.

Where natural or existing topographic patterns contribute to beauty and do not detract from the utility of a development, they shall be preserved and developed.

b.

Landscape treatment shall be provided to enhance architectural features, improve appearance, screen parking areas and miscellaneous structures, provide wildlife habitat, provide shade, and enhance the streetscape.

c.

Unity of design shall be achieved by repetition of certain plant varieties and other materials and by coordination with landscaping on adjacent developments.

d.

Plant materials shall be selected on the basis of size at maturity, hardiness, tolerance for site-specific environmental conditions, screening value, wildlife habitat values, and all season appearance.

e.

Use of plants that are indigenous to the area shall be encouraged.

f.

Nonnative plants that are considered a nuisance or "invader" species, such as purple loosestrife, honeysuckle, and buckthorn shall not be used as plant materials.

g.

Plant specimens shall be of sufficient size and quality to provide screening and landscape benefits within three growing seasons from the time of planting. Trees planted in traffic islands and in other areas where they could be subject to disturbance or other factors that could affect growth, should be at least two inches in diameter and eight feet high at the time of planting. Evergreens should be a minimum of six feet high at the time of planting. Shrubs should be balled and burlapped and a minimum of 18 inches high at the time of planting.

h.

Irregular clusters of vegetation are generally preferable to isolated specimens or regularly spaced rows of plantings.

i.

In locations where they will be susceptible to injury by pedestrian or motor traffic, plants shall be protected by appropriate curbs, tree guards, or other devices.

j.

Planting in parking lot islands is required to break up large expanses of parking stalls. Parking lots of over 24 vehicles shall have a minimum of one tree island not less than 180 square feet for each 24 parking stalls or an equivalent number of perimeter plantings or tree rows that are designed as part of an overall landscape plan acceptable to the plan commission.

k.

Large parking areas shall be treated with decorative screens consisting of building wall extensions, plantings, berms, or other innovative means so as to screen parking areas.

l.

Screening of service yards and other places that tend to be unsightly shall be accomplished by use of walls, fencing, planting, or combinations of these. Screening shall be equally effective in winter and summer. Screens shall be compatible and harmonious with the landscaping and site treatments on neighboring properties.

m.

In areas where general planting will not prosper, other materials such as fences, walls, and paving of wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible.

n.

Prohibition of disturbing steep slopes. Steeply sloped terrain with a natural grade of 25 percent or more may not be regraded, built upon or otherwise disturbed. The plan commission may grant an exception to this requirement where the area proposed for disturbance is an isolated area and providing such disturbance is necessary for the development to occur and does not alter the overall topographic character of the site. The total area granted such an exception may not exceed 20,000 square feet for the entire site.

o.

Compliance with chapter 16, article III. All site plans must comply with the requirements of chapter 16, article III, pertaining to construction site erosion control and stormwater management. All site plans approved by the plan commission shall be subject to compliance with chapter 16, article III.

(2)

Building design.

a.

Architectural style is not restricted. Evaluation of appearance of a project shall be based on quality of its design and relationship to surroundings; however, architects and builders are encouraged to consider architectural styles and traditions appropriate to the area of the city.

b.

Buildings shall be compatible with neighboring properties with respect to size, scale, proportion, and materials.

c.

Buildings shall not be so out of character or incompatible with respect to neighboring properties that they would adversely affect the market values of property in the city.

d.

Materials shall be selected for suitability to the type of buildings and the design in which they are used. In developments with multiple structures, all structures shall be constructed with the same materials or those that are architecturally harmonious.

e.

Materials shall be of durable quality.

f.

In any design in which the structural frame is exposed to view, the structural materials shall be compatible with each other and harmonious to their surroundings.

g.

Building components, such as windows, doors, eaves, and parapets shall be proportionally related to one another.

h.

Principal building colors and color accents used on trims, fascia, and signage shall be coordinated and harmonious.

i.

Mechanical equipment or other utility hardware shall be fully screened with materials that are coordinated with the colors of the principal building.

j.

Refuse and waste removal areas, service yards, storage yards, and exterior work areas shall be screened on all sides. Screening materials shall be coordinated with and harmonious with the overall architectural character of the principal building.

k.

Variation of detail, form, and siting shall be used to provide for visual interest. In multiple building projects, variable siting of individual buildings may be used to prevent monotonous appearance.

(3)

Signs.

a.

Signs shall be compatible with respect to size, proportions, materials and color with nearby buildings and surroundings.

b.

A sign shall be designed as an integral architectural element of the building and site to which it principally relates.

c.

The colors, materials, and lighting of every sign shall be restrained and harmonious with the building and site to which it principally relates.

d.

The number of graphic elements on a sign shall be held to the minimum needed to convey the sign's major message and shall be composed in proportion to the area of the sign face.

e.

Each sign shall be compatible with signs on adjoining premises and shall not compete for attention.

f.

Developers of projects, such as shopping centers or business buildings, in which individual signs for separate occupancies are permitted by ordinance, shall submit a comprehensive set or list of specifications that shall provide design review guidelines that would be administered for future signs in the project.

g.

Identification signs of a prototype design and corporation "logos" shall conform to the criteria for all other signs.

(4)

Miscellaneous structures, lighting, street furniture, and utility service.

a.

Miscellaneous structures, street furniture, and lighting shall be designed to be part of the architectural character, concept, and style of the primary structure. Materials shall be compatible with respect to size, proportion, materials, and colors of the primary structure.

b.

Lighting in connection with parking areas and miscellaneous structures shall be part of the architectural concept. Fixtures, standards, and all exposed accessories shall be harmonious with building design.

c.

Exterior lighting shall be designed and located to minimize its illumination and glare as seen from neighboring properties and public rights-of-way.

d.

Where feasible, utility service and associated hardware shall be installed underground. Where placement underground is not feasible, utility service and hardware shall be located and designed to be as unobtrusive as is feasible.

e.

Exterior lighting shall be designed and directed so that existing and proposed residential areas will not be affected by the illumination. Illumination shall not exceed 0.5 footcandle measured at the lot line.

(5)

Tree preservation. The purpose of this section is to provide standards to preserve the city's character as a natural, wooded community by maintaining property values through the improvement and preservation of the natural environment of the city through tree preservation and site plan regulation. It is the intent of the city to preserve and protect the natural resources of the city by reducing the amount of soil erosion in the city that is the result of tree removal; to protect the quality of the waters of the state and the city; to protect and promote the health, safety, and welfare of the city through the preservation of trees and promote aesthetically attractive development.

a.

Tree inventory required. Applicants for site plan review shall be required to provide a plan map and inventory showing existing trees on those portions of the site that will be disturbed. The inventory shall include identification of all trees over four inches in diameter, measured at a height of 4.5 feet from the ground (referred to as "diameter at breast height" or "dbh"), from the following list of tree species, (hereinafter referred to as "protected tree species.") The inventory shall include reference to any listed tree that applicants believe to be damaged, diseased or dying.

b.

Sampling method. If existing tree cover is determined by the city arborist to be too dense, too extensive, or impractical for a conventional inventory, mitigation requirements may be derived from scientific sampling. Sampling quadrates shall be measured and inventoried per the direction of the city arborist for each unique community or microclimate exhibited in the subject property. Data derived from sampling shall replicate the requirements described in subsection (5)a of this section.

c.

Tree protection. In developing a site plan and locating buildings, driveways and parking areas, applicants for site plan reviews shall be required to preserve, to the greatest extent feasible, all protected tree species. The plan commission shall consider the tree inventory and the applicant's efforts to protect and preserve existing trees, and the feasibility of preserving all protected tree species in their review of the site plan.

d.

Clear cutting prohibition. "Clear cutting" is herein defined as the act of complete removal of all vegetation, including, but not limited to, trees, from a lot or parcel, whether developed or undeveloped, as those terms are defined in section 52-11. The clear cutting of any lot or parcel within the municipal boundaries shall be prohibited except as provided for in this section. Clear cutting does not include the removal of exotic invasive plant species as those species are determined and defined by the State of Wisconsin Department of Natural Resources Manual of Control Recommendations for Ecologically Invasive Plants, as amended.

e.

Tree removal limitations. Subject to the provisions of this section, removal of trees four inches dbh or greater shall be permitted as follows:

1.

On proposed lots less than 20,000 square feet, up to 80 percent of said trees per lot may be removed, except in the C-1 and SW-1 zoning districts;

2.

On proposed lots 20,000 square feet to 39,999 square feet, up to 60 percent of said trees per lot may be removed, except in the C-1 and SW-1 zoning districts;

3.

On proposed lots 40,000 square feet to 87,119 square feet, up to 40 percent of said trees per lot may be removed except in the C-1 and SW-1 zoning districts;

4.

On proposed lots 87,120 square feet or greater, up to 20 percent of said trees per lot may be removed, except in the C-1 and SW-1 zoning districts;

5.

In the C-1 and SW-1 zoning districts, up to ten percent of said trees per proposed lot may be removed.

Issuance of a building permit/erosion control permit shall constitute an approval of the land disturbance subject to any terms and conditions contained therein and placed on the applicant by the commission as well as the applicant's strict conformance with the regulations of this chapter.

f.

Tree/vegetation removal.

1.

Removal outside the approved area of disturbance. No trees or vegetation shall be removed outside the approved area of disturbance except as specifically exempted in this section.

2.

Removal inside the approved area of disturbance. Except as exempted in this section, to the maximum extent feasible, significant trees and vegetation inside the limits of disturbance shall be maintained. Significant trees removed from within the area of disturbance shall be replaced as set forth in subsection (5)h of this section.

3.

Removal within the shoreland areas. Within a strip paralleling any navigable body of water and extending 50 feet inland from all points along the ordinary high water mark of the shoreline, tree cutting and removal of existing vegetation shall be limited in accordance with the following provisions:

(i)

No more than 30 percent of the length of a strip (measured along the ordinary high water mark as that term is defined in section 52-11) shall be clear-cut to the depth of the strip.

(ii)

Cutting of this 30 percent pursuant to subsection (5)f.3(i) of this section, shall not create a clear-cut opening in the strip greater than 30 feet wide (as measured along and parallel to the ordinary high water mark as that term is defined in section 52-11).

(iii)

Any paths, roads, or passages within the strip shall be so constructed and surfaced so as to control erosion in compliance with the terms and conditions of chapter 16, article III, pertaining to construction site erosion control and site stormwater management.

(iv)

The plan commission may allow exceptions for the accommodation and/or provision of essential fire and police services.

g.

Special cutting plans. As an alternative to subsection (5)f.3 of this section, a special cutting plan allowing for greater cutting than that allowed under this chapter may be permitted by the plan commission by issuance of and compliance with a conditional use permit issued under article V of this chapter.

1.

Plan requirements. An application for a conditional use permit under this section shall include a site plan, including the following information:

(i)

Location of all structures;

(ii)

Location of parking and driveway;

(iii)

Existing and proposed topography;

(iv)

Existing tree inventory;

(v)

Identification of proposed tree replacement.

2.

Approval criteria. The plan commission may grant a conditional use permit only upon a finding that such special cutting plans will not cause undue erosion or destruction of the scenic beauty, and will not substantially reduce shielding from the water, structures and/or parking areas impacted or immediately adjacent to the special cutting plan area. The plan commission may condition granting such a permit upon a guarantee by the applicant of tree planting by the lot owner per an approved planting plan.

h.

Tree replacement. Where an existing tree over four inches in diameter of a species identified as a protected tree species is to be removed, tree mitigation shall occur, and a replacement of an equivalent amount of tree caliper inches, as measured by tree diameter or size at the time of planting, shall be required. In those instances, mitigation may be satisfied, but may not be limited, by:

1.

On-site replacement, documented in a landscape plan submitted to and approved by the city arborist or the plan commission;

2.

Off-site replacement, to be determined by the city arborist in accordance with this subsection (5)h, when site conditions are determined by the city arborist to be inappropriate for required mitigation quantities or plans;

3.

Fees in lieu of tree mitigation or replacement as provided by subsection (5)i of this section; or

4.

A combination of mitigation alternatives as determined and prescribed by the city arborist and approved by the plan commission.

Replacement trees shall be clearly identified on the landscaping and site plans and shall be of a type and species suitable for the site as determined by the city arborist or plan commission. All new replacement canopy trees shall be a minimum of 2.5-inch caliper, as measured six inches from the top of the nursery-stock root ball. Conifers, ornamental trees and shrubs over six feet in height, as measured from the top of the root ball, at the time of planting shall be credited as 2.5-inch caliper trees.

i.

Fees in lieu of tree replacement.

(1)

Where, in the determination of the plan commission, replacement plantings or other mitigation efforts that are required by this section, would not be feasible, the plan commission may require the applicant to pay a fee equal to $250.00 per caliper inch of the tree that is removed or proposed to be removed. Valuation of trees removed or proposed to be removed may be reduced per the city forester, based on analysis of health and condition of trees to be replaced. In determining valuations and fees in lieu of replacement the plan commission shall take into consideration nursery stock prices in effect at the time of valuation. In the discretion of the plan commission the valuation per caliper inch may be modified to account for fluctuating commodity prices.

2.

All fees collected as fees in lieu of replacement shall be deposited in the City of Delafield Tree and Brush Removal Fund and earmarked for landscaping and tree planting in public street rights-of-way and on other city-owned property.

j.

Penalty for unauthorized tree removal. If it is determined by the city building inspector, city arborist, or city administrator that a violation of this section has occurred, or there has been unauthorized tree removal, with the exception of the removal of dead or diseased trees as determined by the city arborist, the forfeiture for said unauthorized removal shall be three times the amount determined pursuant to subsection (5)i of this section. The value of each and every unauthorized removed tree shall be determined by the city arborist. Each and every act of unauthorized tree removal shall be deemed a separate offense for which a forfeiture may be assessed.

(Code 1997, § 17.29; Rep. and Recr. #411; Cr. #443; Cr. #455; Rep. #455; Cr. #474; Am. #474; Am. #491; Rep. & Recr. #537; Am. #656; Am. #723)

(Ord. No. 786, § 1, 12-6-2021)

In addition to the general criteria for site plan appearance review described in section 52-62(2), the plan commission shall apply additional guidelines for review of applications within design review districts. A certified copy of the design review districts map shall be adopted and approved with the text as part of this section, shall bear upon its face the attestation of the city clerk, and shall be available to the public in the office of the city clerk-treasurer.

(1)

Downtown Delafield District design guidelines. The following criteria shall be met when changes are proposed to an existing site plan, unless waived by the plan commission:

a.

The Downtown Delafield District boundary shall encompass all structures on both sides of the streets and all corners of the intersections within the boundary further described:

Commencing at Stocks Drive and Genesee Streets, north to Wells Street, west to Dopkins Street, north to the Bark River, east along the river to Genesee Street, north to St. John's Street, south to the Bark River, east to Oneida Street, south to Milwaukee Street, east to Oneida Street, south to Wells Street, west to Genesee Street and south to Stocks Drive.

b.

All buildings designed for retail use shall have storefront windows and display areas constituting at least 40 percent of the first floor facade.

c.

All nonresidential uses that are new structures, or modifications, or additions to existing structures shall be required to demonstrate compatibility with surrounding architecture and exhibit traditional influence indicative of architectural styles and detailing found in the Delafield region at the time of city incorporation. Predominant architectural styles in the downtown district are Colonial, Neo-classical, Federal, Victorian and Greek Revival. New structures should incorporate such features as:

1.

Pitched roofs;

2.

Ornamental spires and rooftop ornamentation;

3.

Use of horizontal wood siding or similar manmade material that replicates wood with four- to five-inch laps;

4.

Use of white or other colors compatible with the approved Historic Downtown Delafield District color palette.

d.

All buildings with occupied floors above the ground floor shall have window openings on the street facades displaying an organized rhythm of window openings.

e.

New construction shall maintain the compatible overall size, height, scale, and orientation of other buildings on the same block.

f.

Owners of existing structures shall be encouraged to maintain original materials similar to those used originally on historic structures. If vinyl, aluminum, or other similar modern siding materials are used on historic buildings, the style shall be four- to five-inch lap. Concrete block, artificial stone and artificial brick veneers shall be prohibited.

g.

No new backlit signs or awnings shall be permitted. If sign lighting is needed, the preferred lighting is either ground lighting or mounted arm lighting. Existing legal nonconforming backlit signs and backlit awnings shall be considered grandfathered.

h.

Preferred signage areas include traditional sign panels above storefront windows, signage painted or applied to windows, small unlit projecting signs, and signage placed on traditional canvas awnings.

i.

Signage shall be oriented to the pedestrian versus the automobile.

j.

Maximum size for a flush wall mounted sign shall be 25 square feet.

k.

The preferred form of parking in the downtown area is the "parking courtyard," which places the parking areas on the interior or rear of the blocks rather than along the street frontage.

l.

Parking lots fronting on public streets or on residential zoned areas shall be screened from the streets and sidewalk or adjoining residential property either by walls or plantings or both. If walls are used, then the material shall be compatible with the walls of the existing adjacent buildings. Walls shall be at least 24 inches high.

m.

Electronic message, both external and internal displays, shall be prohibited in the Downtown Delafield Design District.

(2)

Southshore Redevelopment District design guidelines.

a.

All structures shall be compatible in scale and massing with existing residential structures in the Southshore Redevelopment District.

b.

Garages and carports shall face onto side yards or rear yards.

c.

No backlit signs, including backlit awnings, shall be permitted.

d.

Parking areas or parking lots designed for more than four vehicles shall be separated from the public rights-of-way by a decorative screen that is compatible and harmonious with the architectural character, concept, and style of the principal structure and adjoining structures.

e.

The location and design of structures and landscaping shall preserve and protect vistas of the lake from the public rights-of-way.

(3)

Highway Interchange District design guidelines.

a.

Use of prefabricated metal panels or untextured concrete block exterior siding shall not be permitted as the primary building material on the facades of any structures visible from U.S. 94, STH 16 or STH 83. Textured or patterned concrete block and metal panels, exposed trusses, or other ornamentation is acceptable when used on architecturally designed buildings where such materials are used as an architectural element on a building of overall superior quality.

b.

All commercial structures visible from Interstate Highway 94 or Highway 16 should have at least a 70 percent masonry facade or other quality materials of comparable durability and aesthetic character. In computing facade surface area, glass window and door openings shall be excluded from the facade surface calculations.

c.

All equipment or truck parking, outside storage areas, loading bays, and trash receptacles shall be screened from view from all public rights-of-way and existing and proposed residential areas.

d.

Landscaped terrace areas, decorative screens or berms shall be constructed as buffers separating parking areas for over 24 vehicles from major highways and frontage roads. All landscaped terrace areas separating parking areas from major highways and frontage roads shall be at least 15 feet in width.

e.

Parking lots for over 24 vehicles shall have a minimum of one tree island of not less than 180 square feet for each 24 parking stalls or an equivalent number of perimeter plantings or tree rows that are designed as part of an overall landscape plan acceptable to the plan commission.

(Code 1997, § 17.30; Rep. and Recr. #411; Am. #534; Am. #603)

(Ord. No. 732, § 2, 3-19-2018)

Maintenance and upkeep are an integral aspect of the quality of the overall appearance of the city. Both buildings and sites require regular maintenance to retain a good appearance. Improper or inadequate maintenance and upkeep result in a bad appearance and decrease taxable values. Therefore, it is necessary that maintenance be a concern of the plan commission. The building inspector shall enforce adequate maintenance and upkeep of all property under the jurisdiction of this section.

(1)

Site maintenance and upkeep.

a.

Landscape materials, other than plantings, that have deteriorated or been damaged or defaced, shall be properly repaired or replaced.

b.

Plant materials that have deteriorated or died shall be replaced with healthy plantings of appropriate size to be harmonious with original design or the area redesigned with other treatment to provide an attractive appearance.

c.

Plantings shall be kept watered, fed, cultivated, and pruned as required to give a healthy and well-groomed appearance during all seasons.

d.

Parking areas shall be kept in good repair, properly marked, and clear of all litter and debris.

e.

Vacant property shall be kept free of refuse and debris and shall have the vegetation cut periodically during the growing season.

f.

Lawns and other landscaped areas shall be kept mowed and trimmed.

(2)

Building maintenance and upkeep.

a.

Buildings and appurtenances, including signs, shall be cleaned and painted in a color harmonious with the original design or repaired as required to present a neat appearance.

b.

Deteriorated, worn, or damaged structures or portions of structures shall be rebuilt or replaced.

c.

Illumination elements of buildings and signs shall be kept in good repair so as to maintain the effect for which they were designed.

(Code 1997, § 17.31; Rep. and Recr. #411)

(a)

Regulatory powers of the commission over new construction and remodeling. No permit required by applicable ordinances of the city for the erection, construction, alteration or repair of any building or structure on public lands or within any zoning district, excluding single-family and two-family residences and which involves new construction or major exterior alterations, shall be issued by city officials except upon the granting of a site plan and appearance certificate of approval by the plan commission. If the building inspector determines that only a minor exterior alteration is involved in the work for which the permit is sought, no certificate of approval is required hereunder.

(b)

Procedure for site plan and appearance certificate of approval application review and approval.

(1)

Application. An applicant for any construction permit that requires a site plan and appearance certificate of approval shall apply to the plan commission for such certificate on forms provided by the administrator and shall provide two full, complete signed copies of all items required on application and as specified in section 52-61, as well as property owner and applicant signatures. Additionally the all of the same shall be submitted to the city clerk-treasurer in digital (i.e., PDF) format.

(2)

Schedule plan commission meeting. Upon receipt of such application, the administrator shall schedule a meeting of the plan commission to be held within 45 days of the date of application, at which the applicant shall be given an opportunity to make a presentation and any interested party shall be given the opportunity to comment.

(3)

Staff application review conference. Any applicant or prospective applicant for any permit that requires a site plan and appearance certificate of approval shall have a preliminary review conference with the administrator and city planning staff. At such conference, the staff shall review the preliminary exterior drawings, sketches or photographic examples, landscape and site plans and materials on a specific project and provide the applicant with guidance in the development of a plan which would be consistent with requirements and purposes of this section.

(4)

Preliminary plan commission conference. Any applicant or prospective applicant for any permit that requires a site plan and appearance certificate of approval may file a written request for a preliminary conference with the plan commission. Such conference with the commission shall be held at the next scheduled commission meeting. At such conference, the commission shall give consideration to preliminary exterior drawings, sketches or photographic examples, landscape and site plans and materials on a specific project and provide the applicant with guidance in the development of a plan which would be consistent with requirements and purposes of this section.

(5)

Plan commission meeting. The plan commission may approve, deny or make recommendations as to changes in the site plan and exterior design features, which in the judgment of the commission would tend to achieve the general purpose of this section. If approval is granted contingent upon plan changes, revised documentation must be submitted in digital (i.e., PDF) format to both the city clerk and city engineer within 30 days of the approval.

a.

The plan commission shall issue a certificate of approval if it finds that:

1.

The applicant's plans are substantially consistent with this section;

2.

The proposed exterior design features of the development are suitable and compatible with the character of neighboring buildings and structures and the character of the neighborhood;

3.

The exterior design features of the development will not be detrimental to the harmonious and orderly growth of the city; and

4.

The exterior design features of the development will not cause a substantial depreciation in the property values or taxable values in the neighborhood.

b.

The plan commission shall render its decision at the meeting and shall notify the administrator and the applicant thereof. If the commission denies the issuance of a certificate of approval to the applicant, no permit shall be issued on the application, except by express direction of the common council, upon appeal as provided below.

(6)

Follow-up by the building inspector.

a.

Upon the granting of a certificate of approval, one copy of the exterior drawings, sketches, landscape and site plans, renderings and materials upon which the certificate was granted shall be retained by the city clerk and a second copy shall be retained by the building inspector, whose responsibility it shall be to determine, as the project is in progress and finally upon its completion, that there have been no deviations therefrom. Such deviations shall constitute a violation of this section, in which event the building inspector may stop work on the project in the same manner as for a violation of a chapter of this Code. Work may not be resumed until such deviations are corrected.

b.

The person to whom a certificate of approval has been granted shall comply with the requirements of the certificate and obtain such inspections as may be necessary in order to assure compliance. The building inspector shall give notice of any deficiencies found to exist. Failure to correct any deficiencies within ten days after notification of such deficiency shall constitute a violation of this section.

c.

When, by reason of nonavailability of planting materials or other valid circumstances, it becomes necessary to vary any of the provisions under which a certificate has been granted and, in the opinion of the building inspector, such variation shall be aesthetically equal to or better than the original provisions and will not conflict with the intent of this section, the building inspector shall have the power to grant such variation. To the extent that the building inspector exercises the above power, he shall submit a written report of the circumstances to the commission.

d.

Before any occupancy permit may be issued authorizing the use of any improvements constructed under the provisions of this section, a final inspection of the premises must be obtained. An occupancy permit will not be issued unless the completed work is found to be in compliance with plans approved by the commission and under which the certificate of approval was issued, except as provided in subsection (b)(6)f of this section.

e.

If it should become impossible by reason of weather, strike or any other circumstance beyond the control of the person, firm or corporation to whom the certificate has been granted to complete all work required before occupancy or start of use, a temporary occupancy permit may be granted upon either depositing with the city a cash escrow sufficient to guarantee completion of the work, or upon the execution of an agreement in a form satisfactory to the city attorney which shall bind the applicant to comply with the terms, provisions and conditions of the certificate as soon as circumstances permit. Refunds of any cash escrow may be made only in a lump sum upon final inspection and approval by the building inspector.

f.

If the person to whom the certificate of approval has been granted fails to complete the improvements above and a cash escrow amount has been deposited for more than 12 months from the date of deposit, the city shall be authorized to use all or such part of such deposit as may be required to complete the work in accordance with drawings submitted and approved by the plan commission and under which a certificate and other permits have been granted. The above time limit may be extended by the building inspector if it is in the public interest to do so. In such event, the party to whom the certificate was issued shall only be entitled to the refund of that portion, if any, of the cash deposit that remains in escrow after completion of the work entailed. The party to whom the certificate was issued, and the successors and assigns thereof, shall have a continuing obligation to maintain the exterior design features as approved, and failure to do so, within ten days after notification by the building inspector of such failure to maintain, shall constitute a violation of this section.

g.

Improvements in existence as of the effective date of the ordinance from which this section is derived shall be in compliance with this section, but such improvements shall be continuously maintained in a state of good repair. The building inspector shall have the same powers and authority to effectuate the proper maintenance of preexisting improvements as that person has with regard to improvements for which a certificate has been issued.

(7)

Appeal to the council. If the plan commission denies a certificate of approval or amendment thereto or fails to timely act as provided above, the applicant shall have the right to appeal directly to the common council. Such appeal shall be made in writing and filed within 30 days of the failure of the commission to act. The common council shall consider and decide such appeal within 30 days after the filing thereof. Upon such appeal, all records and findings concerning the applications shall be submitted to the common council by the building inspector. Thereupon, the common council may:

a.

Adopt the decision of the plan commission.

b.

Overrule or modify the decision of the plan commission and direct the issuance of a certificate.

c.

Or, if the plan commission has failed to timely act as provided above, direct or deny issuance of a certificate.

d.

Amendments to a certificate of approval may be obtained by application in the same manner as provided for an original certificate.

(8)

Performance bond or letter of credit. The city may require a performance bond, letter of credit, or other assurance from the developer guaranteeing that all grading, erosion control, stormwater facilities, landscaping and restoration, and other site improvements required as a condition of site plan and appearance approval will be installed. Said bond or letter of credit shall be for 110 percent of the estimated cost of installation based on cost estimates approved by the city engineer. Such performance bond or letter of credit shall be retained by the city until all improvements are accepted and approved by the city engineer.

(9)

Erosion control. Erosion controls approved by the city engineer must be in place, inspected, and approved prior to issuance of any building permits or granting a permit for preliminary grading or site preparation. Erosion controls must meet the guidelines of the "Wisconsin Construction Site Best Management Practice Handbook."

(10)

As-built plans. Following completion of construction of required site improvements, developers shall provide the city with as-built plans for stormwater improvements, grading, and landscaping. As-built plans shall be submitted on Mylar, signed and sealed by a professional engineer and/or land surveyor of the state. Additionally, as-built plans shall be submitted to the city engineer in digital format (i.e., PDF) and in AutoCAD dwg format.

(11)

Penalty. Except as otherwise provided herein, any person found in violation of any provision of this section or any other rule or regulation made hereunder shall be subject to a penalty as provided in section 1-4.

(Code 1997, § 17.32; Rep. and Recr. #411; Recr. #444; Recr. #587; Am. #587; Am. #674)