Determine that all detailed site analyses, building permits, certificates of occupancy, sign permits, site plans (and their constituent plans) comply with all provisions of this chapter.

Conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.

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/she is refused entry after presentations of his identification, he/she may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats., conduct inspections of buildings, structures, waters and land to determine compliance with all provisions of this chapter.

Maintain permanent and current records of this chapter, including but not limited to all maps, amendments, conditional uses, temporary uses, sign permits, site plans, occupancy permits, variances, appeals, interpretations, and applications therefore.

Record the first floor and lowest floor (basement or crawlway) elevations of all structures erected, moved, altered, or improved in the C-1 Overlay Districts.

Receive, file and forward all applications for all procedures governed by this chapter to the designated official bodies.

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.

Institute, in the name of the City of Edgerton, any appropriate actions or proceedings against a violator of this chapter, as provided by law.

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

Where useful, the Zoning Administrator, or his agent, may set marks on bridges or buildings or other markers which show the depth of the regional flood, or may set marks delineating the boundaries of wetlands.

Request assistance and cooperation from the City Police Department and City Attorney as deemed necessary.

Make available to the public, to the fullest extent possible, all reports and documents concerning the City's Comprehensive Master Plan and ordinances. In addition, information in the form of reports, bulletins, maps, and engineering data shall be readily available and widely distributed. The City Council may set fees necessary to recover the cost of providing information to the public.

The Zoning Administrator may designate a Deputy Zoning Administrator.

Make interpretations regarding the provisions of this chapter per § 450-22.

Grant minor variations from the dimensional [setback, height, and area requirements of this chapter, up to a maximum variation of 5% for setbacks and height limitations, and up to a maximum variation of 5% or 1,000 square feet for area requirements (whichever is less). so long as the spirit and intent of the performance standards are preserved.]

Occupancy and use of a building or structure hereafter erected or structurally altered.

New occupancy and use of an existing building when the new use is of a different land use classification.

Any occupancy and use of vacant land.

New use of vacant land when the new use is of a different land use classification.

Any change in the use of a nonconforming use. No such occupancy, use of or change of use shall take place until a certificate of occupancy therefor shall have been issued by the City Building Inspector.

Every application for a building permit shall also be deemed to be an application for a certificate of occupancy for a new building or for an existing building which is to be substantially altered or enlarged as determined by the Building Inspector. Such certificate shall be issued within 10 working days after a written request for the same has been made to the Building Inspector after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter.

Written application for a certificate of occupancy for the use of vacant land or for a change in the use of land or of a building, or for a change in a nonconforming use, as herein provided, shall be made to the Building Inspector; if the proposed use is in conformity with the provisions of this chapter, the certificate of occupancy shall be issued within 10 working days after the application therefor has been made.

Every certificate of occupancy shall state that both the building, and the proposed use of building or land, substantially complies with all provisions of this chapter and the state building code.[2] A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector and copies shall be furnished on request to any person having proprietary or tenancy interest in the building or land affected.

The Building Inspector shall officially approve the application and an occupancy permit shall be subsequently issued to the applicant if the Building Inspector finds the following to be true; the building complies with all City ordinances and the Uniform Dwelling Code;[3] the crushed aggregate base course for the street (public or private) is installed allowing ingress and egress to the building; the City Engineer has approved the street improvements as being acceptable to allow ingress and egress to the building; and road right-of-way has been dedicated.

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed conditional uses.

Certain uses in situations which are of such a special nature, or are so dependent upon actual contemporary circumstances, as to make impractical the predetermination of permissibility, or the detailing in this chapter of specific standards, regulation, or conditions which would permit such determination in each individual situation, may be permitted as conditional uses.

Under this chapter, a proposed conditional use shall be denied unless the applicant can demonstrate, to the satisfaction of the City, that the proposed conditional use will not create major undesirable impacts on nearby properties, the environment, nor the community as a whole, as determined by the Plan Commission per § 450-16D(4).

A map of the subject property showing all lands for which the conditional use is proposed. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;

A map of the subject property and all other lands within 250 feet of the boundaries of the subject property, together with the names and addresses of the owners of all lands on said map as the same appear on the current tax records of the City of Edgerton. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided. (Note that this map may be provided by the City, at the discretion of the Zoning Administrator.);

A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (Note that this map may be provided by the City, at the discretion of the Zoning Administrator.);

A written description of the proposed conditional use describing the type of activities, buildings, and structures proposed for the subject property and their general locations;

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23C. If the proposed conditional use is a group development, a proposed preliminary plat or conceptual plat may be substituted for the required site plan, provided said plat contains all information required on said site plan per § 450-23;

As an optional requirement, the applicant may wish to provide written justification for the proposed conditional use consisting of the reasons why the applicant believes the proposed conditional use is appropriate, particularly as evidenced by compliance with the standards set forth in Subsection D(3)(a) through (f), below.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed conditional use provided in the application per Subsection C(1) through (6), above.

The Zoning Administrator may also evaluate the application to determine whether the requested conditional use is in harmony with the recommendations of the City's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:

The Zoning Administrator shall forward the report per Subsection D(2), and, if prepared, the report per Subsection D(3), to the Plan Commission for the Commission's review and use in taking action on the conditional use. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Master Plan, the Zoning Administrator shall note this determination in the report.

The Plan Commission shall schedule a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, or by agent, and/or by attorney. Notice of the proposed conditional use and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed conditional use per Subsection C(1) and (4) above. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant, to all property owners within 250 feet of the boundaries of the subject property as identified in Subsection C(2) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this subsection.

Within 60 days after the public hearing (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make determination regarding the application as a whole. If the Plan Commission makes a favorable of an application, it shall state in the minutes and in a subsequently issued written conditional use permit, the following: that the potential public benefits of the proposed conditional use outweigh any and all potential adverse impacts of the proposed conditional use, as identified in Subsection D(3)(a) through (f), above, after taking into consideration the proposal by the applicant.

If a favorable finding is made by the Plan Commission, the City staff shall prepare a written conditional use permit for Plan Commission review.

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed uses permitted by right with special requirements.

Uses permitted by right with special requirements are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In order to prevent this from occurring, all uses permitted by right with special requirements are required to meet certain requirements applicable only to uses permitted by right with special requirements, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.

Land uses proposed which fail to meet one of the requirements for uses permitted by right with special requirements of § 450-17 may be reviewed as a conditional use, per § 450-16.

A map of the subject property showing all lands for which the use permitted by right with special requirements is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (Note: this map may be provided by the City, at the discretion of the Zoning Administrator.);

A written description of the proposed use permitted by right with special requirements describing the type of activities, buildings, and structures proposed for the subject property and their general locations; and

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23.

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of a proposed temporary use.

Temporary uses are those uses which have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, temporary uses also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except on a case by case basis. In order to prevent this from occurring, all temporary uses are required to meet certain procedural requirements applicable only to temporary uses, in addition to the general requirements of this chapter and the requirements of the zoning district in which the subject property is located.

Land uses proposed which fail to meet one of the requirements for temporary uses of § 450-18 may be reviewed as a conditional use, per § 450-16.

A map of the subject property showing all lands for which the temporary use is proposed. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;

A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (NOTE: this map may be provided by the City, at the discretion of the Zoning Administrator.);

A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations; and

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23.

An application by any member of the general public;

A recommendation of the City staff or Plan Commission; or

By action of the City Council.

A copy of the portion of the current provisions of this chapter which are proposed to be amended, with said provisions clearly indicated in a manner which is clearly reproducible with a photocopier;

A copy of the text which is proposed to replace the current text; and

As an optional requirement, the applicant may wish to provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the recommendation of the City of Edgerton Master Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (e) below.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed text amendment provided in the application per Subsection C(1) through (3), above.

The Zoning Administrator may also evaluate the application to determine whether the requested text amendment is in harmony with the recommendations of the City of Edgerton's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (e) below:

The Zoning Administrator shall forward the report per Subsection D(2) and, if prepared, the report per Subsection D(3), to the Plan Commission for the Commission's review and use in making its final recommendation to City Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Master Plan, the Zoning Administrator shall note this determination in the report.

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days after the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed text amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the proposed text change. If the proposed amendment to the zoning regulations has the effect of changing the allowable use of a property, the notice shall include either a map or a description of the property affected by the changes and a statement that a map may be obtained from the City. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

Within 60 days after the public hearing, including on the night of the public hearing. (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the City Council, and/or shall state in the minutes, its findings regarding Subsection D above, and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (e), above.

If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection E(2), above], then the City Council may initiate Subsection F below within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection E(2), above, shall not invalidate the proceedings or actions of City Council. [§ 62.23(7)(d), Wis. Stats.]

If the Plan Commission recommends approval of an application, it shall state in the minutes, or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed text amendment outweigh all potential adverse impacts of the proposed text amendment, as identified in Subsection D(3)(a) through (e) above, after taking into consideration the proposal by the applicant.

City Council shall consider the Plan Commission's recommendation regarding the proposed text amendment. The Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant.

The City Council shall follow the procedures for first and second reading of ordinances and resolutions per § 86-35 of the City of Edgerton City Code and shall not act upon the proposed text amendment until after the second reading of the proposed text amendment.

The Council may take final action on the application following the second reading, or may continue the proceedings at the applicant's request. City Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed amendment. If the City Council wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Council action. Any action to amend the provisions of the proposed amendment requires a majority vote of the Council.

When the City Council takes action on the application, it shall state in the minutes and/or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed text amendment outweigh, or do not outweigh, any and all potential adverse impacts of the proposed text amendment, as identified in Subsection D(3)(a) through (e) above, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission.

The City Council's approval of the requested amendment shall be considered the approval of a unique request and shall not be construed as precedent for any other proposed amendment.

An application of the owner(s) of the subject property;

A recommendation of the City staff or the Plan Commission; or

By action of the City Council.

A map of the subject property showing all lands for which the Zoning Map amendment is proposed. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided;

A map of the subject property and all other lands within 250 feet of the boundaries of the subject property together with the names and addresses of the owners of all lands on said map as the same appear on the current tax records of the City of Edgerton. Said map shall clearly indicate the current zoning of the subject property and its environs, and the jurisdiction(s) which maintains that control. Said map and all its parts and attachments shall be submitted in a form which is clearly reproducible with a photocopier, and shall be at a scale which is not less than one inch equals 600 feet. All lot dimensions of the subject property, a graphic scale, and a North arrow shall be provided. (NOTE: this map may be provided by the City, at the discretion of the Zoning Administrator);

A map, such as the land use plan map, of the generalized location of the subject property in relation to the City as a whole. (NOTE: this map may be provided by the City, at the discretion of the Zoning Administrator);

As an optional requirement, the applicant may wish to provide written justification for the proposed map amendment, consisting of the reasons why the applicant believes the proposed map amendment is in harmony with the recommendations of the City of Edgerton Master Plan, particularly as evidenced by compliance with the standards set out in Subsection D(3)(a) through (c) below.

The Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.

The Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed map amendment provided in the application per Subsection C(1) through (4) above.

The Zoning Administrator may also evaluate the application to determine whether the requested amendment to the Official Zoning Map is in harmony with the recommendations of the City of Edgerton's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (c) below:

The Zoning Administrator shall forward the report per Subsection D(2) and, if prepared, the report per Subsection D(3), to the Plan Commission for the Commission's review and use in making its final recommendation to City Council. If the Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's Master Plan, the Zoning Administrator shall note this determination in the report.

The Plan Commission shall schedule a reasonable time and place for a public hearing to consider the application within 45 days of the acceptance and determination of the complete application as determined by the Zoning Administrator. The applicant may appear in person, by agent, and/or by attorney. Notice of the proposed Zoning Map amendment and the public hearing shall conform to the requirements of § 62.23(7)(d), Wis. Stats. Said notice shall contain a description of the subject property and the proposed change in zoning. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant, to all property owners within 250 feet of the boundaries of the subject property as identified in Subsection C(2) above, and to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the jurisdiction of this chapter. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this section.

Within 60 days after the public hearing, including on the night of the public hearing, (or within an extension of said period requested in writing by the applicant and granted by the Plan Commission), the Plan Commission shall make a written report to the City Council, and/or shall state in the minutes, its findings regarding Subsection D above, and its recommendations regarding the application as a whole. Said report shall include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(3)(a) through (c) above.

If the Plan Commission fails to make a report within 60 days after the filing of said complete application [and in the absence of an applicant-approved extension per Subsection E(2), above], then the City Council may initiate Subsection F below, within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission per Subsection E(2) above, shall not invalidate the proceedings or actions of City Council. [See § 62.23(7)(d), Wis. Stats.]

If the Plan Commission recommends approval of an application, it shall state in the minutes or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment outweigh any and all potential adverse impacts of the proposed amendment, as identified in Subsection D(3)(a) through (c) above, after taking into consideration the proposal by the applicant.

City Council shall consider the Plan Commission's recommendation regarding the proposed amendment to the Official Zoning Map. The Council may request further information and/or additional reports from the Plan Commission, Zoning Administrator, and/or the applicant.

The City Council shall follow the procedures for first and second reading of ordinances and resolutions per § 86-35 of the City of Edgerton City Code and shall not act upon the proposed map amendment until after the second reading of the proposed amendment.

The Council may take final action on the application following the second reading or may continue the proceedings at the applicant's request. City Council may approve the map amendment as originally proposed, may approve the proposed map amendment with modifications (per the recommendations of the Zoning Administrator, the Plan Commission, authorized outside experts, or its own members), or may deny approval of the proposed map amendment. If the City Council wishes to make significant changes in the proposed map amendment, as recommended by the Plan Commission, then the procedure set forth in § 62.23(7)(d), Wis. Stats., shall be followed prior to Council action. Any action to amend the provisions of the proposed map amendment requires a majority vote of the Council.

When the City Council takes action on the application, it shall state in the minutes and/or in a subsequently issued written decision, its conclusion and any finding of facts supporting its conclusion as to the following: that the potential public benefits of the proposed amendment to the Official Zoning Map outweigh, or do not outweigh, any and all potential adverse impacts of the proposed amendment to the Official Zoning Map, as identified in § 450-20D(3)(a) through (c) above, after taking into consideration the proposal by the applicant and the recommendation of the Plan Commission.

The City Council's approval of the requested amendment to the Official Zoning Map shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment to the Official Zoning Map.

An application of the owner(s) of the subject property.

A map of the subject property showing all lands for which the variance is proposed. Said map and all its parts and attachments shall be submitted in a form which is clearly legible and reproducible with a photocopier. All lot dimensions of the subject property shall be provided;

A written description of the proposed variance describing the type of specific requirements of the variance proposed for the subject property;

A site plan of the subject property as proposed for development. Said site plan shall conform to any and all the requirements of § 450-23C unless the Building Inspector and/or Zoning Administrator determines that a specific requirement is not necessary for the consideration of the application; and

Written justification for the requested variance consisting of the reasons why the applicant believes the proposed variance is appropriate, particularly as evidenced by compliance with the standard set out in Subsection D(3)(a) through (f) below.

The Building Inspector and/or Zoning Administrator shall determine whether the application is complete and fulfills the requirements of this chapter. If the Building Inspector and/or Zoning Administrator determines that the application is not complete or does not fulfill the requirements of this chapter, he shall return the application to the applicant.

The Building Inspector and/or Zoning Administrator shall review the application and evaluate and comment on the written justification for the proposed variance provided in the application per Subsection C(4) above.

The Building Inspector and/or Zoning Administrator may also evaluate the application to determine whether the requested is in harmony with the recommendations of the City of Edgerton's Master Plan, particularly as evidenced by compliance with the standards of Subsection D(3)(a) through (f) below:

The Building Inspector and/or Zoning Administrator shall forward the report per Subsection D(2) and, if prepared, per Subsection D(3), to the Zoning Board of Appeals for the Board's review and action. If the Building Inspector and/or Zoning Administrator determines that the proposal may be in conflict with the provisions of the City's zoning ordinance and Master Plan, the Building Inspector and/or Zoning Administrator shall note this determination in the report.

Within a reasonable time after filing of the complete application as determined by the Building Inspector and/or Zoning Administrator, the Zoning Board of Appeals shall hold a public hearing. Notice of the requested variance and the public hearing shall conform to the requirements of § 62.23(7)(e), Wis. Stats. Said notice shall contain a description of the subject property and the proposed variance per Subsection C(1) and (4) above. In addition, at least 10 days before said public hearing, the City Clerk shall mail an identical notice to the applicant of the proposed variance; to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the subject property; and to all property owners within 250 feet of the boundaries of the subject property as identified in Subsection C(2) above. Failure to mail said notice, provided it is unintentional, shall not invalidate proceedings under this subsection.

Within 35 days after the holding of the public hearing [per Subsection E(1) above, or within an extension of said period approved by the applicant and granted by the Zoning Board of Appeals], the Zoning Board of Appeals shall make its findings per Subsection D above, and its determination regarding the application as a whole. The Zoning Board of Appeals may request further information and/or additional reports from the Building Inspector and/or Zoning Administrator and/or the applicant. The Zoning Board of Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time to time for further consideration. The Zoning Board of Appeals shall make a written report of its findings and determinations following its determination.

If the Zoning Board of Appeals fails to make a determination within 35 days after said public hearing, then the request for the variance shall be considered denied.

Said report shall include a formal findings of facts developed and approved by the Zoning Board of Appeals concerning the requirements of Subsection D(3)(a) through (f) above.

No application for a variance which has been dismissed or denied by the Zoning Board of Appeals shall be considered again by the Board within one year of the date of the Board's decision except by motion to reconsider made by a member of the Board on the grounds that there is substantial new evidence to be submitted which could not reasonably have been presented at the previous hearing. Any motion for rehearing shall be submitted within 60 days of the date of the hearing dismissing or denying the application or at the next meeting of the Zoning Board of Appeals, whichever comes first. If said motion is granted permitting the rehearing, said rehearing shall be subject to the same requirements as to notice as an original hearing and subject to the same costs as an original hearing.

No application for a variance shall be granted by the Board if the Board determines that the application is substantially the same or is substantially similar in nature to an application presented to the Board which was denied or dismissed by the Board within the previous year. Upon application for a variance, if the Building Inspector is of the opinion that the application is substantially the same or substantially similar in nature to an application previously denied, the Building Inspector will have the matter placed on the agenda for the next regular meeting of the Board. At said meeting, the Board will review the application and if the Board determines that said application is substantially the same or substantially similar in nature to an application dismissed or denied by the Board within the past year, then the Board will so inform the applicant that the application cannot be considered until the expiration of at least one year from the time the prior application was denied. If the Board feels that application is not substantially the same or substantially similar in nature, the Board shall so inform the applicant, and the applicant will be permitted to apply for a variance based on the new application. Said application will be subject to the required publication, notices and fees. The fact that the Board determines that the new application is not substantially the same or substantially similar in nature to a prior one is no guarantee nor does it create any presumption that the variance, once subject to the public hearing, will be granted.

Purpose. The purpose of this section is to assign responsibility for the official interpretation of the provisions of this chapter, and to describe the required procedure for securing such interpretation.

Initiation of request for an interpretation. Proceedings for an interpretation may be initiated by any of the following four methods:

Application requirements. All applications for interpretations, regardless of the party of their initiation per Subsection A(2) above, shall be approved as complete by the Zoning Administrator prior to the initiation of this procedure. The item may be placed on any agenda as a discussion only item, with the permission of the Zoning Administrator, without an application. Said complete application shall be comprised of all of the following unless the Zoning Administrator determines a specific requirement is not applicable to the petition and waives the requirement.

Review by Zoning Administrator.

Standards for review of requested interpretations. This section shall be interpreted in a manner that is consistent with the purposes intended by the City Council as noted in this chapter and the Comprehensive Master Plan. The intent of the standards and supporting definitions of this chapter is to protect both individual property owners and the general public from adverse impacts that may result from a proposed, modified, or existing land use. To this end, those called upon to interpret this section shall proceed as follows:

Effect of a favorable land use interpretation. No interpretation finding a particular land use to be permitted or conditionally permitted in a specific zoning district shall authorize either the establishment of such use or the development, construction, reconstruction, alteration or moving of any building or structure. A favorable interpretation merely authorizes the preparation, filing, and processing of applications for any permits and approvals that may be required by this chapter. These permits and approvals include, but are not limited to, required site plans, special use permits, conditional uses, and certificates of occupancy.

Limitations on favorable land use interpretation.

Fee. A fee is required for this procedure. Refer to § 450-28.

Purpose. The purpose of this subsection is to provide regulations which enable the City to hear and decide requests for appeals from the interpretations of the Zoning Administrator as provided for by § 62.23(7)(e)(7), Wis. Stats.

Initiation of request for review of zoning interpretation. Proceedings for the review of an appeal may be initiated by any person aggrieved, or by any officer, department, board, or bureau of the City affected by any decision of the Zoning Administrator.

Time limit for filing an appeal. Any appeal of an interpretation under the provisions of this section shall be made per the requirements of § 450-22B(4) below within a period not exceeding 45 days from the date of issuance of the interpretation by the Zoning Administrator. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal said interpretation.

Application requirements. All applications for review of an interpretation, regardless of the party of their initiation per § 450-22B(2) above, shall be filed in the office of the Zoning Administrator and shall be approved as complete by the Zoning Administrator prior to the initiation of this procedure. The Zoning Administrator shall forward copies of said complete application to the office of the City Clerk and to the Zoning Board of Appeals. Said complete application shall be accompanied by all of the following:

Review by the Zoning Administrator. The submitted appeal shall be reviewed by the Zoning Administrator in the following steps:

Review and action by the Zoning Board of Appeals.

Effect of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of six months from the date of said order of denial, except on grounds of new evidence or proof of change of factors found valid by the Zoning Administrator.

Limited effect of a favorable ruling on an appeal.

Fee. A fee is required for this procedure. Refer to § 450-28.

Initiation of request for approval of a site plan. Proceedings for approval of a site plan shall be initiated by the owner(s) of the subject property, or their legally authorized representative(s).

Preapplication meeting. The petitioner shall first meet with the Zoning Administrator and other applicable City staff to discuss preliminary concepts and plans for the development. Guidance will be provided to the petitioner on technical requirements and procedures, and a timetable for project review may be discussed.

Application for site plan review and review by Zoning Administrator. The petitioner shall apply to the Zoning Administrator for the scheduling of an appearance before the Plan Commission. The Zoning Administrator shall notify the petitioner of the date and time of the applicable Plan Commission meeting. The appearance before the Plan Commission shall not be scheduled unless the application is approved as complete by the Zoning Administrator per the requirements of Subsection C below. Once the application is approved as complete, the Zoning Administrator shall schedule an appearance before the Plan Commission a minimum of four weeks from the date of complete application acceptance.

Written description of the intended use describing in reasonable detail the:

A property site plan drawing (and reduction at 11 inches by 17 inches) which includes:

A detailed landscaping plan of the subject property, at the same scale as the main plan (and reduction at 11 inches by 17 inches), showing the location of all required bufferyard and landscaping areas, and existing and proposed planting, fencing and berm options for meeting said requirements. The landscaping plan shall demonstrate complete compliance with the requirements of Article VII of this chapter. (NOTE: the individual plant locations and species, fencing types and heights, and berm heights need to be provided.)

A grading and erosion control plan at the same scale as the main plan (and reduction at 11 inches by 17 inches) showing existing and proposed grades, including retention walls and related devices, and erosion control measures per the following detailed requirements of the City of Edgerton City Code.

Elevation drawings of proposed buildings or proposed remodeling of existing buildings showing finished exterior treatment shall also be submitted, with adequate labels provided to clearly depict exterior materials, texture, color and overall appearance. Perspective renderings of the proposed project and/or photos of similar structures may be submitted, but not in lieu of adequate drawings showing the actual intended appearance of the buildings.

Detailed site analysis:

Three full-size copies of Subsection C(3) through (6)above.

The purpose of this section is to provide regulations which govern the procedure and requirements for the review and approval, or denial, of proposed planned developments, and to provide for the possible relaxation of certain development standards.

Planned developments are intended to provide more incentives for infill development and redevelopment in areas of the community which are experiencing a lack of significant reinvestment. Furthermore, Planned developments are designed to forward both the aesthetic and economic development objectives of the City by controlling the site design and the appearance, density or intensity of development in terms of more flexible requirements for land uses, density, intensity, bulk, landscaping, and parking requirements. In exchange for such flexibility, the planned development shall provide a much higher level of site design, architectural control and other aspects of aesthetic and functional excellence than normally required for other developments.

Planned developments have the potential to create undesirable impacts on nearby properties if allowed to develop simply under the general requirements of this chapter. In addition to such potential, planned developments also have the potential to create undesirable impacts on nearby properties which potentially cannot be determined except with a binding site plan, landscape plan and architectural plan, and on a case by case basis. In order to prevent this from occurring, all planned developments are required to meet certain procedural requirements applicable only to planned developments, in addition to the general requirements of this chapter. A public hearing process is required to review a request for a planned development. This process shall essentially combine the process for a Zoning Map amendment with that required for a conditional use, with several additional requirements.

Permitted location. Planned developments shall be permitted with the approval of a planned development district, specific to the approved planned development, within all zoning districts.

Flexible development standards. The following exemptions to the development standards of the underlying zoning district may be provided with the approval of a planned development:

Requirements to depict all aspects of development. Only development which is explicitly depicted on the required site plan approved by the City Council as part of the approved planned development shall be permitted, even if such development (including all aspects of land use, density and intensity, bulk, landscaping, and parking and loading) is otherwise listed as permitted. Requested exemptions from these standards shall be made explicit by the applicant in the application and shall be recommended by the Plan Commission and approved explicitly by the City Council. If not so requested and approved, such exemptions shall not be permitted.

An application of the owner(s) of the subject property;

A recommendation of the Plan Commission; or

By action of the City Council.

The applicant shall contact the Zoning Administrator to place an informal discussion item for the PD on the Plan Commission agenda.

No details beyond the name of the applicant and the identification of the discussion item as a PD is required to be given in the agenda.

At the Plan Commission meeting the applicant shall engage in an informal discussion with the Plan Commission regarding the potential PD. Appropriate topics for discussion may include the location of the PD, general project themes and images, the general mix of dwelling unit types and/or land uses being considered, approximate residential densities and nonresidential intensities, the general treatment of natural features, the general relationship to nearby properties and public streets, and relationship to the Master Plan.

Points of discussion and conclusions reached in this stage of the process shall be in no way be binding upon the applicant or the City but should be considered as the informal, nonbinding basis for proceeding to the next step.

The applicant shall provide the Zoning Administrator with a draft PD concept plan submittal packet for a determination of completeness prior to placing the proposed PD on the Plan Commission agenda for concept plan review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for concept plan review unless the Zoning Administrator determines a specific requirement is not applicable to the petition.

Once the Zoning Administrator has received a complete packet, the proposed PD concept plan shall be placed on the Plan Commission agenda.

At the Plan Commission meeting, the applicant shall engage in an informal discussion with the Plan Commission regarding the conceptual PD. Appropriate topics for discussion may include any of the information provided in the PD concept plan submittal packet or other items as determined by the Plan Commission.

Points of discussion and conclusions reached in this stage of the process shall be in no way be binding upon the applicant or the City, but should be considered as the informal, nonbinding basis for proceeding to the next step. The preferred procedure is for one or more iterations of Plan Commission review of the concept plan to occur prior to introduction of the formal petition for rezoning which accompanies the GDP application.

The applicant shall provide the Zoning Administrator with a draft GDP plan submittal packet for a determination of completeness prior to placing the proposed GDP on the Plan Commission agenda for GDP review. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for GDP review, unless the Zoning Administrator determines a specific requirement is not applicable to the petition:

After the effective date of the rezoning to PD/GDP, the applicant may file an application for a proposed precise implementation plan (PIP) with the Plan Commission. This submittal packet shall contain all of the following items, prior to its acceptance by the Zoning Administrator and placement of the item on a Plan Commission agenda for PD review, unless the Zoning Administrator determines a specific requirement is not applicable to the petition:

Certificate of occupancy (per § 450-15).

Conditional use (per § 450-16).

Text amendment (per § 450-19).

Zoning Map amendment (per § 450-20).

Variance (per § 450-21).

Zoning interpretation or appeal of zoning interpretation (per § 450-22).

Site plan (per § 450-23).

Sign permit (per § 450-59).

Filing or recording fee with City Clerk.

Uses permitted by right with special requirements (per § 450-17).

Temporary uses (per § 450-18).

Annexation (per § 450-27). The owner of the annexed property shall pay the shortfall in property taxes if the local tax revenue collected by the City from the annexed property is less than the local taxes collected by the town for the last year the property was located in the town. If applicable, the property owner shall pay the fee each year for five years after the effective date of the annexation.

Sandwich board signs (per § 450-61).