(a)

The PD Planned Development District, pursuant to Wis. Stats. § 62.23(7)(b), provides a regulatory framework to encourage improved environmental design by allowing flexibility in the development of land while ensuring compliance with the basic intent of the zoning ordinance and with the city comprehensive plan. The planned development district has no set standards and specifications. Developers can propose uses or combination of uses and configurations of intensity and density of development. Through a process of plan commission review, public hearing and common council review and approval, accompanied by discussions with developers and, as appropriate, with other interested parties, individualized zoning standards shall be created. These standards have the same legal force and effect as do standard zoning requirements.

(b)

To achieve the community benefits of the PD zoning district, the project size shall be large enough to allow clustering and to establish a coherence of design. The land area shall be at least 100,000 square feet.

(c)

The objective of the planned development district is not simply to allow exceptions to otherwise applicable regulations. It is instead to encourage a higher level of design and amenity than is possible to achieve under other zoning districts.

(Ord. No. 2010-O-09, § 22.82, 10-12-2010)

The procedure for rezoning to a planned development district shall be as required for any other zoning district change under this chapter, except that, in addition thereto, the following information describing a general implementation plan shall be filed by the applicant with the plan commission staff:

(1)

A map of the project area including its relationship to surrounding properties and topography and other key features, such as, but not limited to, woodlots, heritage or specimen trees, streams, wetlands, floodplains, environmental corridors, rock outcroppings, and existing buildings or improvements. Specific wetland, woods or tree inventories, impact analysis, or other studies relative to key features may be required by planning staff or the plan commission.

(2)

A statement of rationale as to why the planned development district zoning is proposed. The proposal shall detail in text, graphic, and statistical forms the lack of other available chapter 22 zoning districts to provide the development intended. The statement shall identify barriers that the developer perceives in other chapter 22 zoning districts and opportunities for community betterment the developer suggests are available through the proposed planned development district zoning.

(3)

An analysis of social and economic impacts on the community of the project.

(4)

An analysis of how the proposal is consistent with, and will advance the goals, policies and objectives of the comprehensive plan.

(5)

A detailed analysis discussing the intended specific environmental design, the amenities to be gained by the planned development district zoning proposal, and, specifically, a statement as to why such benefits and amenities would not be realized under any other chapter 22 zoning district.

(6)

A general development plan of the proposed project showing at least the following information in sufficient detail to make possible evaluation against criteria for approval:

a.

Public and private roads, driveways and parking facilities; bicycle and pedestrian facilities, bus shelters, and any other multi-modal forms of transportation and their related facilities.

b.

Land uses and size, arrangement and location of lots and proposed buildings or groups of buildings.

c.

The types, size, intended uses, and location of structures.

d.

A general utility plan, preliminary grading plan.

e.

The location of recreational and open space areas and facilities and specifically describing those that are to be reserved or dedicated for public acquisition and use.

f.

General landscape treatment plan.

g.

Statistical data on size of the development, density/intensity of various parts of the development, ratio of various land uses, economic analysis of the development, expected staging, and any other plans or data required by the plan commission or common council.

(7)

General outline of the intended organizational structure for a property owners association, if any; proposed condominium documents, if any; deed restrictions and all agreements necessary to accommodate private provision of common services, if any.

(8)

For any project plan proposed, a schedule for completion of the public and private improvements proposed within the project plan.

(9)

Neighborhood input.

a.

Prior to the formal petition for rezoning, the applicant shall make a reasonable effort to meet with property owners and individuals within and near the area of the proposal. Property owners and residents within the project area and those within 300 feet of the project boundary shall be noticed at least ten days prior to a meeting in which the conceptual project will be presented. The meeting shall be fashioned to solicit input on the proposed design. More than one neighborhood meeting may be necessary to gather input, address comments received, and provide information relative to any intended application.

b.

A statement describing the reasonable efforts made to meet with and receive input from individuals required to receive notice shall be submitted with the rezoning petition application when it is filed for review at the planning department.

(Ord. No. 2010-O-09, § 22.83, 10-12-2010)

(a)

Following determination by the plan commission staff that an application is complete, the matter shall be reviewed by city staff and shall then be placed on a plan commission agenda for initial review, prior to the filing of a formal application. Initial review is a review of the project at the concept level and is not binding. The preferred procedure is for an iteration of the plan commission's initial review to occur prior to introduction of a formal petition for rezoning. The purpose of this meeting, or meetings, is to allow a discussion of the plan commission regarding the possible planned development zoning application, need for planned development district zoning, and the environmental, economic, environmental, social and other benefits of design to be obtained from the proposal, general statistics on the possible project and why not other existing zoning district will suffice. The plan commission may recommend that the project not be pursued under planned development zoning. After this meeting, or meetings, with the plan commission, the applicant may then submit a formal application for planned development district general implementation plan zoning. Whenever the required petition is introduced, the normal rezoning procedure occurs, including notice and hearing before the plan commission. The issues that are the subject of this public hearing are the rezoning request and the general implementation plan.

(b)

Following the required public hearing before the plan commission, the plan commission shall meet to make a determination and recommendation whether to advise the common council to approve the rezoning and the general implementation plan, to approve it with modifications, or to deny it.

(Ord. No. 2010-O-09, § 22.84, 10-12-2010)

As a basis for determining the acceptability of a planned development district, the following criteria shall be applied to the general implementation plan with specific consideration as to whether or not it is consistent with the general purpose and intent of the city zoning ordinance, the city comprehensive plan, the city comprehensive park open space and recreation plan, whether it has been prepared with competent professional expertise and guidance, that it produces significant community benefits of an environmental design nature or otherwise that compensate for modifications in standards of municipal zoning.

(1)

Character and intensity of land use. The uses proposed and their intensity and arrangement on the site shall:

a.

Respect the physical attributes of the site with particular concern for preservation of natural features, tree growth and open space. The project shall be accomplished in such a manner as to minimize grading of the existing terrain, by working with topographic conditions. Grading and improvements on slopes of 12 percent or greater shall be limited.

b.

Produce an attractive environment of sustained aesthetic and ecological desirability, economic stability and functional practicality compatible with the development prospects for the area.

c.

Not adversely affect the anticipated provision of school or municipal services.

d.

Not create traffic or parking demand incompatible with the existing or proposed facilities to serve it.

e.

Produce a transportation network that emphasizes connectivity and reduction of motor vehicle trips.

f.

Provide a block structure appropriate to pedestrian activity.

g.

Ensure environmental features are protected to a greater degree than that which would otherwise be required, or occur.

h.

Provide an environmental design, including amenities, of buildings and site improvements that are greater than that which would otherwise occur or be required.

i.

Provide a greater level of economic, social and other benefits than would otherwise be realized.

(2)

Economic feasibility and impact. The proponents of a planned development district shall provide evidence satisfactory to the plan commission and the common council that the project will not adversely affect the economic prosperity of the city or the values of surrounding properties.

(3)

Engineering design standards. Streets and other ways, outdoor lighting, provision for stormwater drainage, sanitary sewer service, water supply, or other similar environmental and municipal engineering considerations of current ordinance requirements shall, at a minimum be met, but to advance environmental design will likely need to be exceeded. The plan commission and common council may require the use of higher levels of transportation and lighting improvements, stormwater management, or water conservation techniques than is required by current ordinance or other governmental guidelines. Such standards shall be appropriate to advancing environmental design objectives and the public health, safety and welfare as determined by the city.

(4)

Preservation and maintenance of open space in a planned development district. Provision shall be made for the preservation and maintenance of open spaces either by public reservation or dedication to public entities or commitment to preservation by a private entity. PD contracts shall contain specific reference to the ownership of such open space areas and to the provision for maintenance.

(5)

Transmittal of plan commission recommendations, report and related matters. The plan commission's reports and recommendations shall be made in a written report to the common council. A complete set of maps, plans and written documentation fully describing the proposed development as recommended by the plan commission at a general implementation plan level shall accompany the report of the plan commission. The matter shall not be considered by the council unless this documentation has a signature by the plan commission secretary over a statement that the documentation is complete and that it accurately reflects plan commission recommendations. In a situation in which the applicant disagrees with certain recommendations of the plan commission and is urging the common council to approve with modifications, the applicant shall supply documentation of those modifications to the council prior to the matter being placed on the agenda of the common council.

(Ord. No. 2010-O-09, § 22.85, 10-12-2010)

After the planned development district general implementation plan (PD-GIP) ordinance is adopted by the common council, to take effect, the owners of record and mortgage holders of all included parcels shall consent in writing and provide an original signed and notarized document to the city clerk and a signed copy to the zoning administrator within 30 days of the date of common council adoption in order for the PD-GIP rezoning ordinance. Consent shall be binding upon future owners of the parcels in question.

(Ord. No. 2010-O-09, § 22.86, 10-12-2010)

The approval of a general implementation plan shall not authorize issuance of building permits. The permits shall not be issued until approval by the city of the specific implementation plan.

(Ord. No. 2010-O-09, § 22.87, 10-12-2010)

When the consent signatures for lands in the parcel being rezoned are all acquired and delivered to the city clerk and zoning administrator within the 30 days as required by section 22-596, the documentation on plan commission and common council action and on the general implementation plan and the consent signatures shall be logged in and filed by the city, and the property shall be indicated as rezoned on city zoning maps. The date this occurs is the effective date of the rezoning. The map indication shall be PD-GIP. The city clerk shall record at the Dane County register of deeds office an affidavit of notice of PD zoning against all real property included in the district. This shall be done as near the effective date of the PD-GIP rezoning as is possible. The city shall require the applicant to supply necessary property descriptions, parcel numbers and to pay recording and publication fees.

(Ord. No. 2010-O-09, § 22.88, 10-12-2010)

After the common council approval and recording of the PD-GIP ordinance, the applicant may file a specific implementation plan for review and recommendation by the plan commission and approval by the common council. For applications submitted prior to October 12, 2010, a SIP shall be filed (for all or part of the project) within one year of the date of council approval of the PD-GIP. For PD-GIP applications submitted after October 12, 2010, the specific implementation plan (for the entire PD-GIP) shall be filed within three years of the date of council approval of the PD-GIP.

(1)

The specific implementation plan shall be a precise plan for development, containing graphic and tabular presentations at a level of detail equivalent to the level of detail of a final plat, and for multi-family and commercial buildings, include scaled drawings of building dimensions, building and site improvement placement. Accompanying text information shall describe in detail the development plans, methodologies and timetables, building and site uses for the area covered by the specific implementation plan.

(2)

For PD-GIP ordinances approved or submitted prior to October 12, 2010, the area included in a specific implementation plan may be only a portion of the area included in a previously approved general implementation plan. For specific implementation plans for PD-GIP applications submitted after October 12, 2010, the following shall apply:

a.

The specific implementation plan shall cover all land in the approved general implementation plan as one submittal.

b.

The PD-SIP for the entire PD-GIP shall be submitted within three years of the common council approval of the PD-GIP ordinance. If not submitted within three years, the PD-GIP approval lapses and a new PD-GIP approval pursuant to sections 22-593 through 22-596, or a different zoning approval is required. After three years, no PD-SIP shall be approved unless the GIP has been reapproved.

c.

A public hearing as if it were a matter of rezoning, shall be held on any specific implementation plan (PD-SIP) application or amendment (substantial alteration) to a PD-SIP.

(3)

The specific implementation plan submission may include specific site plan and design information, allowing the plan commission to combine design review and review of the specific implementation plan. Design review may, at the choice of the applicant, be deferred until a later time when specific site and building developments will be brought forth.

(4)

As part of submission for specific implementation plan approval, the applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works and public improvement elements of the proposed development.

(5)

A copy of the recorded general implementation plan and all approved and relevant documents shall be submitted with the specific implementation plan request.

(6)

The plan commission or common council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the specific implementation plan, as such may be relevant to review procedures and standards.

(Ord. No. 2010-O-09, § 22.89, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

(a)

When the specific implementation plan submission is deemed by plan commission staff to be complete, the matter shall be reviewed by staff and then placed upon an agenda of the plan commission for review, consideration and approval, modification or rejection.

(b)

The specific implementation plan submission shall be reviewed by the plan commission against the current standards of this chapter, the comprehensive plan and the previously approved general implementation plan. Without limiting the plan commission's ability to deny a specific implementation plan, in order to approve a specific implementation plan, the plan commission must determine that the specific implementation plan is consistent with the general implementation plan as well as the current standards of this chapter and the comprehensive plan.

(c)

If the plan commission recommends approval of a specific implementation plan, complete documentation describing this specific implementation plan, and any contracts that the plan commission deems necessary for the implementation of the plan, shall be prepared, reviewed by zoning administrator as complete and, when found to be complete by said zoning administrator, shall be placed on the agenda of the common council.

(Ord. No. 2010-O-09, § 22.90, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

The common council shall consider and act on the specific implementation plan after reviewing the recommendations of the plan commission on same. The specific implementation plan submission shall be reviewed by the common council against the current standards of this chapter, the current comprehensive plan, and the previously approved general implementation plan.

(Ord. No. 2010-O-09, § 22.91, 10-12-2010)

Sections 22-596 through 22-598 apply to the processing, consent signatures and recording of a specific implementation plan following approval by the common council. Signatures are required by property owners and mortgage holders only in the area affected by the specific implementation plan.

(Ord. No. 2010-O-09, § 22.92, 10-12-2010)

The filing of an approved specific implementation plan (SIP) shall only authorize release of building and other land use permits necessary to carry out development activities consistent with that approved plan, when all conditions or requirements of the SIP and other ordinances have been met. It is the responsibility of the applicant to provide proof of satisfaction of all conditions and requirements.

(1)

If a proposed amendment to the PD-SIP is inconsistent with or alters an approved general implementation plan, the PD-SIP shall not be approved unless the PD-GIP is amended in accordance with the procedures pursuant to sections 22-593 through 22-596.

(2)

Any subsequent change of use of any parcel or any modification of the specific implementation plan shall first be submitted for approval to the plan commission and if, in the opinion of the plan commission, such change or modification constitutes a substantial alteration of the specific implementation plan, the specific implementation plan shall be required to be amended through the same procedures used to approve, file and record the specific implementation plan. If, in the opinion of the plan commission, such changes or modification do not constitute a substantial alteration of the specific implementation plan, the change may be accomplished by approval of the plan commission. Such approved modifications shall be documented and recorded in the official file of the city on the PD district.

(3)

For specific implementation plan zoning approved prior to October 12, 2010, a specific implementation plan approval lapses one year after its date of adoption by the common council if substantial development progress has not occurred.

(4)

For general implementation plans approved after October 12, 2010 (including the specific implementation plan approved under that GIP), all public improvements shall be required to be installed within 12 months of the date of common council approval unless a staging plan has been approved per chapter 24 (land division).

(Ord. No. 2010-O-09, § 22.93, 10-12-2010)

Design review is implemented under municipal authority to promote the public health, safety and welfare and under municipal zoning authority. Requirements for design review and approval apply to uses and developments regardless of the characterization of the use or development within this chapter as a permitted use or conditional use. Projects submitted under the SmartCode District shall not be subject to design review under this chapter.

(Ord. No. 2010-O-09, § 22.98, 10-12-2010)

(a)

Site and structural development of residential projects having three or more dwelling units.

(b)

Site and structural development in business districts.

(c)

Site and structural development in industrial districts.

(d)

Site and structural development in planned development districts.

(e)

Utility and governmental facilities.

(f)

Those variance cases deemed by the zoning board of appeals to justify design review. Design review shall be advisory to the zoning board of appeals.

(g)

Any parking area, even if not accompanying an otherwise included development, if it has five or more parking spaces.

(h)

Rural event venue.

(i)

In addition, design review districts may be designated by ordinance adopted by the common council. Once adopted, design review standards shall apply to such districts within the terms of such designated ordinance.

(Ord. No. 2010-O-09, § 22.99, 10-12-2010; Ord. No. 2021-O-12, § 1(Exh. A), 8-24-2021)

(a)

The zoning administrator shall advise applicants when they apply for zoning permits or other approvals whether design review applies. If design review applies, the applicant will be given checklists, application forms and timetables. These documents shall have prior plan commission approval as to format and content. Applicants may request and have pre-application conferences with staff.

(b)

Completed applications and supporting materials must be reviewed by staff prior to placement on the plan commission agenda. Staff must be satisfied that a complete packet of information will be available to the plan commission prior to the commencement of the plan commission meeting at which the item is set for decision review.

(c)

The plan commission will review applications set for design review. Following such review, discussions with applicants and agents, and discussion within the plan commission and with staff, the commission shall render a decision of approval, conditional approval or rejection. Decisions shall be in writing and shall identify those elements of the approved design which the commission intends to be mandatory. The zoning administrator shall have applicants sign acknowledgments of receipts of written plan commission design review decisions prior to issuance of a zoning/building permit.

(d)

A project that has had design review and that has a zoning/building permit is approved for execution only in accord with the directives included in the design review approval. Construction or execution that deviates from directives may not occur within terms of this chapter without prior city approval. The zoning administrator is responsible for determining whether to give staff approval to such deviations on a finding that they are minor variations as to the plan commission's decision or whether full plan commission review and approval is needed upon a finding that the deviations are major.

(Ord. No. 2010-O-09, § 22.100, 10-12-2010)

(a)

Jurisdiction. Design review applies to exterior structural and design features, landscaping and site planning.

(b)

Directives. The following specific design standards are established and are intended to be applied in the informed judgment of the plan commission:

(1)

The land forms and landscape will be preserved in their natural state, insofar as practicable, by minimizing soil and tree removal that is not essential to project development and by retaining grades and contours in keeping with the general appearance of neighboring developed areas.

(2)

Building masses and long, straight building fronts and sides (relative to the overall length of the building) that are visually accessible shall be broken up and made more variegated with staggers and offsets, with landscaping or surficial features or with accumulation of mass in the form of smaller, related units. This is a directive standard as to residential and commercial structures and those industrial structures that are visually accessible to larger volumes of traffic and a recommendatory standard to industrial buildings within the center core of industrial districts.

(3)

Within residential properties, parking areas that are located in front or street-side yards must have landscape screening and/or screening by fencing having decorative character to soften views of parked vehicles. All design reviewed parking lots shall have decorative landscape treatment at the perimeter of the lot and, for larger lots, in island areas within the lot, to provide break-up of the expanse of paving. (See section 22-609.)

(4)

Mechanical equipment (heating, air conditioning and ventilation) that will be readily visible when viewed from ground level from other properties or from major public ways should be softened by screening or covered in a manner that forms an integral part of the building design.

(5)

External garbage or refuse containers shall be screened by walls, fences, berms or effective landscaping, or combinations thereof.

(6)

Landscaping. Each project subject to design review must provide landscaping of sufficient height and density to accomplish positive visual impact within three years from the time of planting.

(7)

All developments and occupancies subject to design review shall be planned and constructed so that surface drainage drains from structures. Impervious surface ratios shall be limited to no more than 65 percent, except where a different level has been set forth through an approved plan, land division approval, other zoning standard, or other zoning approval. The commission, in its judgment, may allow a higher ratio provided it is not contrary to an existing approval, and on-site infiltration, pervious pavement or other measures to mitigate the higher ratio are provided and maintained.

(8)

The following principles of landscape design are stated as guides to be applied with discretion by the plan commission taking into account how visible the site is to public view, sensitivity of neighboring properties and the cost considerations:

a.

Overhead canopy trees contribute to a pattern within the neighborhood and streetscape focus plantings (trees or shrubs) accomplish screening of less attractive elements, afford privacy, noise control and windbreak, soften transitions from vertical to horizontal features and create visual focal points.

b.

Ground plane plantings (lawns, ground cover, etc.) provide lower level continuity, and retard soil erosion.

c.

Terraces, trellises, walks, drives, garden walls and berms and related elements increase variety.

d.

Plan commission preferences on species shall be made available in writing to project applicants.

(9)

The plan commission shall, in the exercise of its judgment, prohibit or regulate outdoor storage, product display or sale of items where a plan or design goal, objective, directive or suggestion exists, or where the advancement of the public interest, welfare or safety is involved. Any outdoor storage area, display or sale area shall be clearly identified on submitted site plan. At a minimum, storage of materials, fuel, scrap, inoperative vehicles and similar objects in places that are readily visible from major public rights-of-way or parts of neighboring properties where a significant amount of viewing is expected shall be minimized and, where necessary, shall be effectively screened. Where other portions of this chapter establish more stringent standards, the other portions shall govern.

(10)

Exterior lighting, when used, shall be established, directed and maintained so as not to be cast directly on public rights-of-way or occupied structures or neighboring properties or be lighted in intensity or colors seriously disturbing to neighboring properties.

(Ord. No. 2010-O-09, § 22.101, 10-12-2010)

Other features of site design and construction, building and structural design and construction and landscaping that are not listed under directives may also be addressed by plan commission advisory suggestions within the design review process upon a finding that the suggestion would be desirable to make the development a positive asset to the visual appearance of the community and positive contribution to the growth and stability of the community tax base.

(Ord. No. 2010-O-09, § 22.102, 10-12-2010)

(a)

Purpose. This section provides for the regulation of accessory off-street parking and loading facilities. Projects submitted under the SmartCode District shall be subject only to parking and loading regulations under chapter 23. For all other districts, these regulations are intended to:

(1)

Increase the safety and capacity of public streets by requiring off-street loading facilities to be provided.

(2)

Minimize adverse effects of off-street parking and loading facilities on adjoining properties.

(3)

Lessen congestion and prevent the overtaxing of public streets by regulating the location and capacity of accessory off-street parking or off-street loading facilities.

(b)

General regulations.

(1)

Application to changing circumstances.

a.

When the intensity of use of any building, structure or premises shall be increased through addition of dwelling units, gross floor area, seating capacity or other units of measurement specified herein for required parking or loading facilities, parking and loading facilities as required herein shall be provided for such increase in intensity of use.

b.

When the existing use of a building or structure is changed to a new use, parking or loading facilities shall be provided as required for such new use.

c.

Accessory off-street parking or loading facilities in existence on the effective date of the ordinance from which this article is derived and located on the same lot as the building or uses served shall not hereafter be reduced below, or if already less than, shall not be further reduced below the requirements for a similar new building or use under the provisions of this article.

(2)

Permissive parking and loading facilities. Nothing in this chapter shall be deemed to prevent the voluntary establishment of accessory off-street parking or loading facilities to serve an existing use of land or buildings, provided that there is adherence to all regulations herein governing the location, capacity, design and operation of such facility.

(3)

Control of off-street parking facilities. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessory. Such possession shall be by deed whereby the owner of land on which the parking facilities are to be located shall be bound by a covenant filed and recorded in the county register of deeds office, requiring such owner, his/her heirs or assigns to maintain the required number of parking facilities for the duration of the use served.

(4)

Specifications of off-street parking facilities. Off-street parking facilities shall be provided in accordance with the regulations set forth herein as well as subsection (3) of this section.

a.

Utilization. In the residence district, accessory off-street parking facilities provided for uses listed herein shall be solely for the parking of passenger automobiles of occupants or guests and not more than one truck limited to four tons gross vehicle weight.

b.

Computation. When determination of the number of off-street parking spaces required by the city results in a requirements of a fractional space, any fraction may be disregarded.

c.

Mixed uses. Where parking demand for particular parcels or uses have definite time patterns, the parking area for one may be shared with another use having a complementary time pattern, subject to conditional use approval. Parking areas that are provided off-site and/or shared parking facilities shall be subject to plan commission conditional use review and conditions to ensure workability.

d.

Size, layout, landscaping and surfacing. The standards of the city for size of spaces, layouts of parking areas, surfacing access from parking areas to streets or driveways, and landscaping shall be governed by specifications and standards, promulgated administratively by the zoning administrator and approved by the plan commission. These specifications and standards shall be periodically reviewed and updated, as necessary. In the formulation and review of such standards, requirements as to handicapped access, variations in size and type of vehicles and other relevant considerations shall be taken into account.

e.

Lighting. Illumination of off-street parking areas shall be established and directed so as not to be cast directly upon public rights-of-way or occupied structures or neighboring properties or to be illuminated in intensity or color or character that is likely to be seriously disturbing to neighboring properties.

(Ord. No. 2010-O-09, § 22.105, 10-12-2010)

Off-street loading berths accessory to uses allowed by this chapter shall be provided in accordance with the regulations set forth herein. Projects submitted under the SmartCode District shall only be subject to off-street loading facilities under chapter 23.

(1)

Utilization. Space allocated to any off-street loading berths shall not, while so allocated, be used to satisfy the space requirements of any off-street parking facilities or portions thereof, and off-street loading berths shall be available for their designated purpose when needed.

(2)

Size. Unless otherwise specified, a required off-street loading berth shall be at least ten feet in width by at least 35 feet in length, exclusive of aisle and maneuvering space and shall have a vertical clearance of at least 14 feet.

(3)

Access. Each required off-street loading berth shall be designed with appropriate means of vehicular access to a street or alley in such manner that will least interfere with traffic movements or the safety of intersections.

(4)

Applicability of parking area requirements. Parking area requirements for design, paving and maintenance shall be applied to loading berths.

(5)

Schedule of off-street loading facilities. The required number of loading facilities and standards for layout, surfacing, and landscaping shall be established by a schedule promulgated administratively by the zoning administrator with prior approval of the plan commission. Said schedule shall be reviewed and updated periodically.

(Ord. No. 2010-O-09, § 22.107, 10-12-2010)

(a)

The Rural Cluster (RCD) District provides a regulatory framework, as identified in Sections 22-612—22-623 herein, to provide limited development by using the potential splits of one per 35 acres (see the city's Rural Residential Development Criteria, Appendix B - City of Fitchburg Comprehensive Plan) on property outside of the urban service area and future urban development boundary, while complying with the comprehensive plan as well as maintaining compatibility with the surrounding agricultural uses. Such clustered development is intended to better harmonize rural development with surrounding agricultural activities recognizing that it is the city's primary goal to preserve and enhance farming and farmland in rural Fitchburg. This option is intended to conserve agricultural, forested and open space land, historic and natural features. Such clustered development is intended to permit the compact grouping of homes located to blend with the existing landscape and other natural features and to preserve the visual character of the landscape.

(b)

RCD has no set standards or specifications, other than what is set forth in this section. Developers are encouraged to propose uses that preserve, complement and enhance natural features such as but not limited to topography, woodlands, wetlands, and streams. The common council shall approve the standards and specifications which shall constitute the zoning and architectural controls of the property.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

In addition to the procedure required for all zoning changes, the following information describing a general implementation plan shall be filed by the applicant with plan commission staff:

(1)

A survey of the project area including its relationship to surrounding properties and uses, with topographic, soil type and other key features, such as, but not limited to, woodlots, heritage or specimen trees, streams, all drainage channels, waterways, wetlands, floodplains, environmental corridors, rock outcroppings, and existing buildings or improvements. Specific wetland, woods or tree inventories, impact analysis, or other studies relative to key features may be required by planning staff or the plan commission.

(2)

An overview map which shall place the proposed site in the middle of an area at least one-half mile in the four directions to clearly identify adjacent land ownership and uses.

(3)

A statement as to the rationale as to why the RC zoning is proposed. Identify the private and public benefits and liabilities of the development.

(4)

An analysis of the social, environmental, traffic and economic impacts on the community of the project.

(5)

An analysis of how the proposal is consistent with, and will advance the goals, policies and objectives of the comprehensive plan.

(6)

A general development plan of the proposed project showing and describing at least the following information in sufficient detail to make a possible evaluation against criteria for approval:

a.

Public and private roads, driveways, and parking facilities, current and planned.

b.

Land uses, arrangement, location and size of lots.

c.

All proposed buildings or groups of buildings with their uses identified.

d.

Impact of traffic with trips generated and likely traffic routes and count increases.

e.

A waste disposal plan including septic limitations and system types required. Per chapter 24, land division code, in no case shall a new building site or new habitable building be allowed if sanitary service is required by a holding tank.

f.

A water supply plan with types of well or wells and how they are shared.

g.

An inventory of trees, prairies or prairie remnants, wetland and wetland plants, 300 foot wetland buffer, natural features, threatened and endangered species and fence lines.

h.

An inventory of existing historic features, historic buildings or buildings of possible historic value.

i.

General landscape treatment plan, including species to be used. Native and non-invasive species are required.

j.

Statistical data on the size of the development, density, ratio of land uses, expected staging and any other plans or data required by the plan commission or common council.

k.

Soil types by name and class, and percent of development on each class type.

l.

Tillage history.

(7)

An outline of the intended ownership structure including owners association if any, ownership of open space, deed restrictions, and the provision of common services, if any.

(8)

For wooded or partly wooded site, a forestry plan.

(9)

Ownership of claims that are being used to allow dwelling unit construction at one claim per dwelling unit planned. Agreement for the purchase of claims (with signatures from the owners) will need to be submitted for each dwelling unit proposed at the time of the rezone to GIP.

(10)

A map identifying the lands to which the claims are associated and an outline of potential areas (35 acres per each claim) to be placed in a restriction, limiting the property to agricultural uses of land [Note: uses to be determined] in favor of the city during the SIP approval process. The restriction may be removed or altered by a ⅔ majority vote of the common council, but only after entry of the property into the urban service area. Nothing herein contained shall prevent a property owner from instituting a non-removable restriction, such as an agricultural conservation easement, through agreement with a third party or other means. Land subject to restriction in favor of the city shall not be located within the urban service area or a long-term growth boundary.

(11)

Neighborhood input.

a.

Prior to the formal petition for rezoning, the applicant shall make a reasonable effort to meet with property owners and individuals within and near the area of the proposal. Property owners and residents within the project area and those within 300 feet or a minimum of the three closest property owners of the project boundary shall be noticed at least ten days prior to a meeting in which the conceptual project will be presented. The meeting shall be fashioned to solicit feedback on the proposed design. More than one neighborhood meeting may be necessary to gather input, address comments received and provide information relative to any intended application.

b.

A statement describing the reasonable efforts made to meet with and receive input from individuals required to receive notice shall be submitted with the rezoning petition application when it is filed for review at the planning department.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

(a)

Following determination by the zoning administrator that an application is complete, the matter shall be reviewed by city staff and shall then be placed on a plan commission agenda for initial review, prior to the filing of a formal application. Initial review is a review of the project at the concept level and is not binding. The preferred procedure is for an iteration of the plan commission's initial review to occur prior to introduction of a formal petition for rezoning. The purpose of this meeting, or meetings, is to allow a discussion of the plan commission regarding the possible planned development zoning application and the environmental, economic, social and other benefits of design to be obtained from the proposal and general statistics on the possible project.

(b)

Following the required public hearing before the plan commission, the plan commission shall meet to make a determination and recommendation whether to advise the common council to approve the rezoning and the general implementation plan, to approve it with modifications, or to deny it.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

The intent of this code is to allow for limited development outside of the future urban development boundary while preserving certain natural characteristics of the property. To this end, the plan commission shall evaluate each proposed rezoning in light of the following criteria:

(1)

RC rezoning requests shall be located on land at least 75 percent of which has either no tillage history and/or has a soil classification of IV, V, VI, VII, or VIII for that portion to be divided to accommodate the residential development. Specific site reviews should be based on the types of agricultural uses surrounding the rural cluster. If high quality agricultural soils with large contiguous acres are present, the compatibility and blending should occur to maintain the large contiguous agricultural acres, with the cluster being located at the edge/corner.

(2)

RC requests shall be considered on the basis of one dwelling unit per 35 acres, utilizing 1979 as the base year. Potential claims that are outside of the future urban development boundary may be transferred to another property for the intent of creating a rural cluster that is located outside of the future urban development boundary. Agreements for the purchase of claims (with signatures from the owners and mortgage holders) will need to be submitted with the GIP. As a condition of SIP approval, land (35 acres per each claim) shall have a restriction with the city recorded at the county register of deeds restricting development to approved agricultural land uses [Note: Uses to be determined]. This restriction shall follow criteria identified in subsection 22-612(10). A land owner may, at their option, also file a non-removable restriction, such as a conservation easement, with a recognized 501(c)(3) land trust or conservancy, or other acceptable means.

(3)

Requests are to be compatible with nearby agricultural zoning uses and shall provide for only one single family detached dwelling unit per claim, and require all new residential lots to have a right to farm document recorded to protect surrounding agricultural operations. A rural cluster shall consist of at least two and no more than ten single family detached dwelling units.

(4)

The rezoning requests shall incorporate techniques to accomplish the following:

a.

Protection and preservation of farmland and natural features.

b.

Preservation and enhancement of natural features, including but not limited to woodlands, wetlands, prairies, streams, ponds, lakes, and other natural features.

c.

Preservation of wildlife and flora habitat.

d.

Enhancement of wildlife and flora habitat, including but not limited to small game, birds, waterfowl, and other fauna.

e.

Be consistent with or advantageous for the Fitchburg Parks and Open Space Plan.

(5)

Aesthetic desirability and effect on rural viewscape:

a.

Preserve scenic views by minimizing views of new development from existing roads.

b.

Rural clusters may be visible from access and surrounding roads so long as the cluster is designed to be unobtrusive in the rural viewscape. This can be accomplished as follows:

1.

The buildings are grouped together to appear as a single farmstead and are designed utilizing historicist architecture (See section 22-623).

2.

The buildings are grouped together to appear to be a rural hamlet and are designed utilizing historicist architecture.

3.

The visible buildings from access and surrounding roads of a cluster fulfill the requirements of 1. or 2. above and the balance of the buildings are not visible.

4.

The visible buildings of the cluster are designed with organic architecture so that their visual impact is minimal, blending into the landscape.

c.

Building groupings to permit reduced minimum lot sizes. Where practicable, each lot shall adjoin another lot. Each lot shall have frontage and driveway access to a public street. The public street to serve a rural cluster shall provide at least two separate and distinct routes of travel.

d.

Fencing, new plantings, and other screening.

e.

Historic restoration.

f.

Woodland, wetland or prairie restoration, improvement or expansion, along with maintenance.

g.

Other features of site design and construction, building and structural design and construction and landscaping that are not listed above may also be addressed by the plan commission as advisory suggestions within the design review process upon a finding that the suggestion would be desirable to make the development a positive asset to the visual appearance of the community and positive contribution to the growth and stability of the community tax base.

(6)

Compatibility with recreational trails, bike trails - specifically the Fitchburg Heritage Circle Route and wildlife corridors noted in the Fitchburg Park and Open Space Plan.

(7)

Engineering design standards. Streets and other ways, provision for stormwater drainage, sanitary sewer/septic service, water supply, or other similar environmental and municipal engineering considerations of current ordinance requirements shall, at a minimum be met, but advanced environmental design will likely be required. Dark sky certified outdoor lighting shall be used. The plan commission and common council may require the use of higher levels of transportation and lighting improvements, stormwater management or water conservation techniques than is required by current ordinance or other governmental guidelines. Such standards shall be appropriate to advancing environmental design objectives and the public health, safety and welfare as determined by the city. Stormwater stay on-shall be at 90—100 percent of the predevelopment rate.

(8)

Driveways. Each residential building shall be served by its own driveway from the public street and follow standards created and set forth by the public works department under section 27-399 of the Fitchburg Municipal Code.

(9)

Preservation and maintenance of open space in a Rural Cluster District. Provision shall be made for the preservation and maintenance of any open spaces either by public reservation or dedication to public entities or commitment to preservation by a private entity. RC agreements shall contain specific reference to the ownership of such open space areas and to provision for maintenance. Rural clusters shall provide plans and documents in written and graphic form to fully describe the project and its benefits. Draft deed restrictions, easements, and preservation and maintenance of open space documents shall be submitted with the application. This section is only relevant if providing a public or private community open space within the cluster.

(10)

Park dedication or fee in lieu and park improvement fees are part of the land division approval process and shall be determined as defined in subsections 24-2(d)(1)—(3) of the city's land division code, chapter 24.

(11)

Transmittal of plan commission recommendations, report and related matters. The plan commission's reports and recommendations shall be made in a written report to the common council. A complete set of maps, plans and written documentation fully describing the proposed development as recommended by the plan commission at a general implementation plan level shall accompany the report of the plan commission. The matter shall not be considered by the council unless this documentation has a signature by the plan commission secretary over a statement that the documentation is complete and that it accurately reflects plan commission recommendations. In a situation in which the applicant disagrees with certain recommendations of the plan commission and is urging the common council to approve with modifications, the applicant must supply documentation of those modifications to the council prior to the matter being placed on the agenda of the common council.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

The owners of record and mortgage holders of all included rezone parcels shall consent in writing and provide an original signed and notarized document to the city clerk and a signed copy to the zoning administrator within a single 30-day period following common council adoption in order for the RC general implementation plan (RCD-GIP) zoning to take effect. Consent shall be binding upon future owners of the parcels in question.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

The approval of a general implementation plan shall not authorize issuance of building permits. The permits may not be issued until approval by the city of the specific implementation plan, and the conditions of the approval are met.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

When the consent signatures for lands in the parcel being rezoned to RCD-GIP are all acquired and delivered to the city clerk and zoning administrator within the 30 days as required by section 22-615, the documentation on plan commission and common council action and on the general implementation plan and the consent signatures shall be logged in and filed by the city, and the property shall be indicated as rezoned on city zoning maps. The date this occurs is the effective date of the rezoning. The map indication shall be RCD-GIP. The city clerk shall record at the county register of deeds the ordinance or an affidavit of notice of RC zoning against all real property included in the district. This shall be done as near the effective date of the RCD-GIP rezoning as is possible. The city shall require the applicant to supply necessary property descriptions, parcel numbers and to pay recording and publication fees.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

After the common council approval and recording of the RCD-GIP ordinance, the applicant may file a specific implementation plan for review and recommendation by the plan commission and approval by the common council. The specific implementation plan (for the entire RCD-GIP) shall be filed within three years of the date of council approval of the RCD-GIP.

(1)

The specific implementation plan shall be a precise plan for development and shall contain graphic and tabular presentations at a level of detail equivalent to the level of detail of a final plat. Accompanying plans and text information shall describe in detail the building development plans, methodologies and timetables for the area covered by the specific implementation plan. The specific implementation plan shall cover all land in the approved general implementation plan as one submittal.

(2)

The RCD-SIP for the entire RCD-GIP shall be submitted within three years of the common council approval of the RCD-GIP ordinance. If the SIP request is not submitted within three years, the RCD-GIP approval lapses and a new RCD-GIP approval shall be obtained pursuant to section 22-612 through 22-614. After three years, no RCD-SIP shall be approved unless the GIP has been reapproved.

(3)

A public hearing as if it were a matter of rezoning, shall be held on any specific implementation plan (RCD-SIP) application or amendment to a RCD-SIP.

(4)

The specific implementation plan submission may include site plan and design information, allowing the plan commission to combine design review and review of the specific implementation plan. Design review (see section 22-623) may, at the choice of the applicant, be deferred until a later time when specific site and building plans will be brought forth.

(5)

RC requests shall be considered on the basis of one dwelling unit per 35 acres, utilizing 1979 as the base year. Potential claims that are outside of the future urban development boundary may be transferred to another property for the intent of creating a rural cluster that is located outside of the future urban development boundary. Land (35 acres) that is tied to each potential claim shall, as a condition of SIP approval, have a restriction in accord with section 22-620 and in favor of the city limiting land use to agriculturally approved uses [Note: uses to be determined] recorded at the county register of deeds. A land owner may, at their option, also file a non-removable restriction, such as a conservation easement, with a recognized 501(c)(3) land trust or conservancy, or other acceptable means. Signed agreements regarding the use of claims from outside the property, and relevant land restriction(s) shall be submitted with the RCD-SIP application, but the recording of such agreements shall be a condition of RCD-SIP approval.

(6)

As part of submission for specific implementation plan approval, the applicant shall submit proof of financing capability pertaining to construction and maintenance and operation of public works elements of the proposed development.

(7)

A copy of the recorded general implementation plan and all approved and relevant documents shall be submitted with the specific implementation plan request.

(8)

The plan commission or common council may specify other plans, documents or schedules that must be submitted prior to consideration or approval of the specific implementation plan, as such may be relevant to review procedures and standards.

(9)

No land division approval, except for comprehensive development plan, and/or preliminary plat approval, shall occur prior to approval of RCD-SIP zoning. Final plat or certified survey map land division approval shall be a condition of RCD-SIP approval.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

(a)

When the specific implementation plan submission is deemed by the zoning administrator to be complete, the matter shall be reviewed by staff and then placed upon the agenda of the plan commission for review, consideration and approval, modification or rejection.

(b)

The specific implementation plan submission shall be reviewed by the plan commission against the standards of sections 22-611—22-623, the comprehensive plan and the previously approved general implementation plan. In order to approve a specific implementation plan, the plan commission must determine that the specific implementation plan is reasonably consistent with the previously approved general implementation plan as well as the current standards of this chapter and the comprehensive plan.

(c)

If the plan commission recommends approval of a specific implementation plan, complete documentation describing this specific implementation plan, and any agreements that the plan commission deems necessary for the implementation of the plan, shall be prepared, reviewed by zoning administrator as complete and, when found to be complete by said zoning administrator, shall be placed on the agenda of the common council.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

The common council shall consider and act on the specific implementation plan after reviewing the recommendations of the plan commission on same. The specific implementation plan submission shall be reviewed by the common council against the current standards of this chapter, the current comprehensive plan, and the previously approved general implementation plan.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

Upon approval, and receipt of consent of property owner signatures, which shall occur within 30 days of common council approval of the RCD-SIP, the ordinance noting RCD-SIP zoning shall be recorded at the county register of deeds. No land division approval, except for comprehensive development plan and/or preliminary plat approval shall occur prior to approval of RCD-SIP zoning. Final land division approval shall be a condition of RCD-SIP approval. Applicant shall pay for all publication and recording costs.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

The filing and recording of an approved specific implementation plan shall only authorize release of building and other land use permits necessary to carry out development activities consistent with that approved plan, when all conditions or requirements of the SIP and other ordinances have been met. It is the responsibility of the applicant to provide proof of satisfaction of all conditions and requirements.

(1)

If a proposed amendment to the RCD-SIP is inconsistent with or alters an approved general implementation plan, the RCD-SIP shall not be approved unless the RCD-GIP is amended in accordance with the procedures pursuant to sections 22-612 to 22-614.

(2)

Any subsequent change of use of any parcel or any modification of the specific implementation plan shall first be submitted for approval to the plan commission and if, in the opinion of the plan commission, such change or modification constitutes a substantial alteration of the specific implementation plan, the specific implementation plan shall be required to be amended through the same procedures used to approve, file and record the specific implementation plan. If, in the opinion of the plan commission, such changes or modification do not constitute a substantial alteration of the specific implementation plan, the change may be accomplished by approval of the plan commission. Such approved modifications shall be documented and recorded in the official file of the city on the RC district.

(3)

All public improvements shall be required to be installed within 12 months of the date of common council approval unless a staging plan has been approved per chapter 24, land division code.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

(a)

All new residential, agricultural or other structures visible from access and surrounding roads shall be required to obtain architectural design review approval, pursuant to sections 22-604—22-606 of chapter 22, zoning ordinance and chapter 25, architectural control, before any building permits may be issued. Architectural design review applies to all exterior structural and design features including site planning, site facilities and any building done within or on the site, as outlined in the aesthetic desirability and effect on rural lands, section 22-614(5). Any structure that is not visible from access and surrounding roads does not require design review.

(b)

Architectural standards for clusters visible from access and surrounding roads:

(1)

Historicist architecture is building design that utilizes traditional Midwestern American forms and surface decoration. These may include Greek Revival, Queen Anne, Italianate, Second Empire, Gothic Revival, Four square or Rural Victorian Vernacular styles. The use of Builder's Modern or Ranch, Shed contemporary, Norman Scansion, Georgian Revival and other suburban styles are not Historicist. Large-scale renditions of traditional forms may not be Historicist.

(2)

The new building, from a reasonable distance such as the access road, shall appear to be of a building type and age similar to other pre-1930 buildings currently existing on the rural landscape. Such building, if placed next to an existing rural structure constructed prior to 1930, would not clash in scale or decorative surfaces with the pre-existing structure.

(3)

Building groupings may recapitulate farmsteads, grouped farmsteads or rural hamlets, mimicking the historic forms of pre-existing pre-1930 groupings.

(4)

The use of fencing, landscaping, berms and other landscaping devises to obscure or hide buildings or portions of buildings when the building themselves or their grouping does not conform to (1), (2) or (3) above will be allowed as long as the viewscape goals are met.

(5)

The restoration of an existing structure that has lost its original appearance may be used to provide a portion of a visible cluster. E.g., a "modernized" vinyl sided house with a traditional rural pre-1930s form may be restored or re-skinned to an original or Historicist appearance and other Historicist buildings clustered with the restored building.

(6)

The restoration of significant buildings, such as pre 1980s structures, whether originally used for residential, agricultural or commercial purposes is encouraged.

(7)

The restoration of wetlands or prairies may be required as part of the landscape and viewscape improvement of the cluster. A tall grass prairie may be used with organic or historicist architecture to "stage set" a rural cluster by providing a feeling of distance between existing roads and the cluster. The expansion and restoration of wooded areas may reduce or eliminate from the viewscape some or all buildings of a cluster that do not meet the standards for visible architecture.

(Ord. No. 2012-O-18, § 1, 12-11-2012)

(a)

The city zoning ordinance may be amended pursuant to procedures provided by state law.

(b)

Petitions to amend the zoning ordinance may be initiated by any alderperson or any city board, committee, commission or officer. Petitions to amend zoning districts may, in addition, be initiated by any person owning real estate, provided that the proposed amendment affects real estate owned by such person or a larger parcel that includes real estate owned by such person.

(c)

The plan commission shall direct that application forms for zoning ordinance amendment petitions be developed and approved by the commission and that such, or close equivalents, shall be used to initiate amendment petitions.

(d)

All petitions for amendment shall be introduced to the zoning administrator and referred to the plan commission with the information notice of the introduction and referral being given by the administrator to the common council.

(e)

The plan commission shall establish a date for public hearing before the plan commission on all proposals for zoning amendments. Class 2 notice shall be given prior to such hearing. At least ten days' prior written notice shall be given to the clerk of any municipality whose boundaries are within 1,000 feet of any lands affected by a proposed change in zoning district boundaries. Failure to give such notice to nearby municipalities shall not invalidate the hearing or the change, if adopted. The public hearing shall be conducted by the plan commission in accordance with the notice, unless recessed and rescheduled in accordance with state law.

(f)

At least ten days' prior written notice shall be given by ordinary mail to owners of record of all lots or parcels within the protest petition area under Wis. Stats. § 62.23(7) and to the alderpersons of the affected district.

(g)

Protest petitions may be lodged regarding amendments to zoning district maps in accordance with provisions of Wis. Stats. § 62.23(7).

(h)

Following the public hearing, the plan commission shall issue its recommendations on the proposed amendment to the common council.

(i)

Following receipt of the recommendations and report of the plan commission, the common council may take action upon the proposed amendment.

(j)

Where allowed by state zoning law, rezonings may be conditioned where the common council deems imposition of conditions a necessity to achieve the public interest and the intent of this chapter.

(Ord. No. 2010-O-09, § 22.112, 10-12-2010)

(a)

Identification and purpose. The city zoning ordinance identifies certain uses of property within each zoning district as conditional uses. Applications to establish or modify such uses shall be decided pursuant to this section as a matter of discretionary judgment, upon consideration of the specific proposal in relation to the site, uses of neighboring properties, area conditions and the provisions of the city land use plan. Approval of conditional uses shall be accompanied by conditions established by the plan commission.

(b)

Procedures.

(1)

Applications for conditional use approval shall be made on application forms developed and approved by the plan commission.

(2)

An application fee, as set forth in the annual budget appendix fee schedule, shall be paid at the time an application is filed. Applications originated by the city shall be exempt from application fee.

(3)

A conditional use application that has been rejected shall not be accepted for resubmittal within six months from the date of rejection unless the plan commission determines that there has been a significant change in the proposal or in relevant conditions.

(4)

When the plan commission staff has received a complete application, and the application fee, and when the staff has completed such research and staff review as the plan commission has directed be applied to such applications, the application and related file shall be transmitted to the plan commission for its review and consideration.

(5)

The plan commission shall establish a date for public hearing before the plan commission on all proposals for conditional use approvals. Class 1 notice shall be given prior to such hearing. At least ten days' prior written notice shall be given to the clerk of any municipality whose boundaries are within 1,000 feet of any lands affected by a proposed change in zoning district boundaries. Failure to give such notice to nearby municipalities shall not invalidate the hearing or the use, if adopted. The public hearing shall be conducted by the plan commission in accordance with the notice, unless recessed and rescheduled in accordance with state law.

(6)

At least ten days prior written notice shall be given by ordinary mail to owners of record of all lots or parcels within 300 feet or a minimum of the three closest property owners, and to other parties of interest, including alderpersons representing the district in which the request has been made.

(7)

Following the public hearing, the plan commission may approve, disapprove or approve with modifications a conditional use application. The decision of the plan commission shall be recorded in the minutes and shall contain a written statement of reasons for the commission's determination, including reasons specifically related to the standards of this chapter or of documents related to this chapter by cross-referencing provisions, and of any conditions required to be imposed upon the use if the application is approved or approved with modifications.

(8)

Adopted motions to approve conditional uses shall include identification of conditions. These conditions may address, without limitation because of specific enumeration: the site plan, timetable of development, operation of the proposed use, surety requirements for performance of required activities, increased yard requirements, period or hours of operation, landscaping or planting screens, deed restrictions, parking areas and signs, types of construction, erosion control, preservation of significant natural or historic features or other considerations relevant to applicable standards and all conditions referenced in section 22-717(b). All conditions imposed shall be recorded in the minutes and correspondence sent to the applicant and other parties registering an interest and may, at the discretion of the commission, be recorded, at the expense of the applicant, in legal documentation filed in relation to the property at the county register of deeds. All such conditions shall be fully binding upon the property as if they were specific terms of this article.

(9)

A decision of the plan commission granting or denying a conditional use may be appealed to the common council. Applications for such appeal shall be signed by the applicant or by persons who would have protest petition rights under Wis. Stats. § 62.23(7) were the matter one of rezoning, or by any member of the common council. Such application for appeal shall be filed within ten days of the date of the plan commission action. Upon filing of the appeal application, the entire plan commission file shall be submitted by commission staff to the city clerk for transmittal to the common council and all plan commission minutes on the matter shall be reproduced and sent to members on the common council. The appeal shall be placed on the agenda of the common council. Before rendering its decision on the appeal, the common council shall hold a public hearing. The common council may either affirm, reverse or modify the action of the plan commission. In making its determination the common council shall be guided and controlled by subsection (a) of this section.

(10)

Where an approved conditional use contemplates construction of buildings and structures, the failure to commence such construction within one year after approval of the conditional use shall render the approval void. In addition, the failure to complete such construction within two years after approval shall render the approval void unless the applicant has demonstrated good cause to the plan commission and the plan commission has affirmatively voted to provide such an extension. In no case shall the plan commission grant an extension longer than one year nor shall the plan commission grant more than one extension for a single approved conditional use.

(11)

If a use allowed by a conditional use permit is established but ceases for a period of 24 or more consecutive months, the conditional use permit for the area shall expire.

(c)

General standards. No conditional use shall be approved by the plan commission unless the commission shall find:

(1)

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

(2)

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

(3)

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

(4)

That adequate utilities, access road, drainage and/or necessary facilities have been or are being provided.

(5)

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

(6)

That the conditional use shall, in all other respects, conform to the applicable regulations of the district in which it is located.

(d)

Conditions. Conditions such as landscaping, architectural design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased yards, or parking requirements, may be required by the plan commission upon its finding that these are necessary to fulfill the purpose and intent of this chapter.

(Ord. No. 2010-O-09, § 22.115, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

(a)

Statement of purpose. Conditional re-zonings are authorized as provided herein to enable adaptation of zoning to unique circumstances regarding particular sites, uses or neighborhoods when the city has not had sufficient experience with the type of use in question to lead to treatment of the use as conditional use.

(b)

The plan commission may recommend and the common council may adopt an ordinance effecting an amendment of the zoning district map containing the condition that the change in the map will take effect on such date occurring within three months of the date of common council approval of the amendment when the first on-site inspection for building location is made and approved for the project sought to be established, and in the event such approved inspection has not occurred by the three-month time period, the possibility of making effective the re-zoning will then be terminated.

(c)

The plan commission may recommend and the common council may adopt an ordinance effecting an amendment of the zoning district map containing the condition that the change in map will take effect on such date occurring with within three months of date of common council approval of the amendment when a restrictive covenant has been recorded binding the property to conditions specified in the amending ordinance, and in the event such covenant is not recorded by the end of the three-month period, the possibility of making effective the re-zoning will then be terminated. Conditions specified to be in such required covenants shall be related to the purposes of the ordinance. They may include, as specific cases warrant, limits of permissible uses to less than the full range of uses otherwise allowable in the district into which the land is being placed. Enforcement rights over such covenant controls shall be afforded to the city and owners of property within 300 feet of the site. The covenant controls shall be amendable or repealable upon petition of the owner of the lands subject to the controls, and approval of the common council after a hearing similar to a re-zoning hearing. A re-zoning of the lands to a different zoning district shall also act to repeal the covenant controls. Except as provided above, the covenants shall run with the land.

(d)

Other similar controls appropriate to handling by covenant provisions may also be imposed.

(Ord. No. 2010-O-09, § 22.116, 10-12-2010)

(a)

Appointments, terms, rules and procedures. The zoning board of appeals shall be appointed and shall be governed as to terms, vacancies, removals, and as to rules and procedures by Wis. Stats. § 62.23(7)(e) and by provisions herein.

(b)

Functions of zoning board of appeals. Functions of the board of appeals shall be to hear and decide applications for variances under the zoning ordinance and to hear and decide applications for appeal of administrative interpretations.

(c)

Public hearings. The zoning board of appeals shall conduct a public hearing on all administrative appeals, variances and other decision matters before it and shall cause a class I notice under Wis. Stats. ch. 985 to be published and shall give due notice of the hearing to all parties in interest. For appeals or variances in overlay districts written notice shall be given to the southern district office of the department at least ten days prior to hearings on proposed variances and appeals for map or text interpretation.

(d)

Any party may appear in person or by agent at such hearing. The chair may administer oaths to parties testifying and may compel attendance of witnesses. All testimony before the board by persons other than board members and all documentary evidence or material pertaining to matters before the board shall be received at hearings conducted by the board, provided that the content of relevant ordinance or statutory materials shall be deemed to be before the board in all cases and need not be entered into the record. All parties in interest shall be afforded reasonable opportunity to comment on all materials or information so received. Board members who are in possession of facts that may have a bearing on the matter before the board shall enter same into the record of the hearing and opportunity shall be allowed for comment on such entries.

(e)

Deliberations and decisions. The board shall deliberate on matters before it. The concurring vote of four members of the board shall be necessary to approve any appeal, variance or other decision matter before the board. The vote of each matter decided by the board shall be recorded in the minutes. If a member is absent or if a member fails to vote, such facts shall similarly be recorded. The minutes of the board shall show the board's decisions and the votes of members thereon. Each decision of the board shall be accompanied by written reasons in support of the decision. All decisions shall be made in strict accordance with the standards of the ordinance and the board shall decide all matters before it within a reasonable time. For overlay districts copies of all decisions shall be submitted to the department within ten days after they are granted or denied.

(Ord. No. 2010-O-09, § 22.117, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012)

(a)

Appealable matters. Decisions by the zoning administrator that consist of interpretations of the terms of the city zoning ordinance and that are made in the course of determining whether a permit or approval will be issued by the administrator are appealable to the zoning board of appeals as administrative appeals. Decisions by the zoning administrator to issue an enforcement demand or to commence other enforcement activities, where the administrator has determined that a violation of the ordinance exists, are appealable to the board of appeals as an administrative appeal.

(b)

Procedures for initiating an administrative appeal.

(1)

Eligible appellants. Administrative appeals may be initiated by any person aggrieved by the decision or interpretation being appealed, or by any officer, department, board or committee of the city government.

(2)

Time for appeals. An appeal shall be commenced within 30 days after decision or interpretation was made.

(3)

Initiating an appeal. An appeal may be commenced by filing with the zoning administrator a notice of appeal identifying the decision being appealed, the grounds for the requested relief and payment of applicable fees. Upon receipt of such a notice, the zoning administrator shall notify the board of appeals and shall transmit to the board all papers and files which constitute the record of the decision being appealed.

(4)

Stays. An appeal of a decision to issue a permit or approval or to issue an enforcement demand or to commence other enforcement proceedings shall cause the permit or approval action to be suspended or shall stay further enforcement prosecution unless the zoning administrator or city attorney files with the board of appeals a certificate, supported by a statement of facts, alleging that suspension or stay will cause imminent peril to life or property. If such a certificate is filed, proceedings shall not be stayed except upon a restraining order issued by a court.

(5)

Decisions of the zoning board of appeals. Following the procedures specified in section 22-642(c) through (e), the board shall decide the matter based upon whether the decision, determination or interpretation being appealed was in error. The board may reverse or affirm, wholly or partly, or may modify the decision appealed from, or may make such decision as ought to have been made, and to that end shall have all powers of the officer from whom the appeal is taken. Decisions by the board on administrative appeals shall be based upon the terms of the ordinance and evidence as to legislative intent.

(Ord. No. 2010-O-09, § 22.119, 10-12-2010)

(a)

Initiating a request for variance. Applications for variances in zoning regulations may be filed by any party having a property interest in the property in question, along with payment of the applicable fee. The zoning administrator shall transmit the application to the board.

(b)

Review and decision. Following a public hearing and other investigations, including review of plan commission recommendations, if available, the board shall decide the matter based upon the following standards:

(1)

No variance may be granted that would have the effect of allowing a use of land or property that would violate state law or administrative rules.

(2)

To grant a variance, the board must find that the variance will not be contrary to the public interest where, owing to special and peculiar conditions, applicable only to the specific property in question, a literal enforcement will result in exceptional practical difficulty or unnecessary hardship, so that the spirit of this chapter shall be observed, public health, safety and welfare secured and substantial justice done.

a.

Exceptional practical difficulty and unnecessary hardship shall be construed as a whole, with no distinction made.

b.

When considering a dimensional standard variance that will not involve significant change in the character of the neighborhood, the hardship/difficulty test is whether compliance with the strict letter of the restrictions on lot area, setbacks, frontage, height, lot area coverage or occupancy or density would unreasonably prevent the owner from using the property for an allowed purpose or would render conformity unnecessarily burdensome.

c.

When considering a dimensional variance that would, if approved, cause significant change in the character of the neighborhood, the hardship/difficulty test is whether, in absence of approval, no feasible use can be made of the property.

d.

Use variances (variances allowing a use not specified for that district by this article) should be considered only when the use in question is new or is one not provided for anywhere in the ordinance. The board may consider such variances only when the use is very similar in its inherent characteristics and impact characteristics to uses within the district in question.

(3)

The board may grant a variance to extend a zoning district boundary for a distance not to exceed 25 feet, but only where the boundary of a district divides a lot in a single ownership.

(Ord. No. 2010-O-09, § 22.120, 10-12-2010)

(a)

Position designated. A zoning administrator shall be designated through city personnel procedures.

(b)

Duties, responsibilities and authority.

(1)

Records. The zoning administrator shall be responsible for keeping all records of applications received, committee, board or office actions on such applications, permits issued, inspections made, enforcement actions undertaken and similar activities, as well as general correspondence pertaining to the functions of the office and program.

(2)

Inspections. Zoning administration shall make such inspections of premises as are required, to determine compliance of land use activities with the terms of this chapter. Except in cases of emergency, such inspections shall be made only at reasonable hours, with reasonable notice to property owners and/or occupants and with consent, unless made pursuant to an inspection warrant issued pursuant to state law.

(3)

Determinations and interpretations. The zoning administrator shall make those administrative decisions and determinations required for administration of this chapter.

(4)

Permits, approvals, fees or certificates of occupancy. The zoning administrator shall receive applications under this chapter and shall process the applications and collect and dispose of fees in accordance with city ordinance and administrative procedures. Permits or approvals issued by the zoning administrator shall be issued on the basis of plans and applications as submitted and authorize only the uses, arrangements and construction set forth in such approved plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter. Permits shall lapse and become void if operations described in the permit are not commenced within one year of issuance of the permit, unless otherwise specified in this chapter or by specific approval of an extension or variation.

(5)

Advice and recommendations. The zoning administrator shall, upon general or specific request of the plan commission or board of appeals or other body or officer of the city, issue reports, and make recommendations on matters that come before such commission, board or officer.

(Ord. No. 2010-O-09, § 22.125, 10-12-2010)

(a)

Certain development activities and occupancies shall require application for and issuance of a permit in order for them to be legally established. The plan commission is hereby delegated the authority to promulgate permit requirements, to establish forms for permit applications and permit forms themselves.

(b)

Failure to obtain a required permit is a violation of this article.

(c)

Issuance of a permit authorizes only the development of occupancy set forth in approved plans submitted as part of a permit application and no other development or occupancy. Issuance of a permit creates no liability on the part of the city or its issuing officers and does not limit the right of the city to change ordinance requirements.

(Ord. No. 2010-O-09, § 22.127, 10-12-2010)

The following fees shall be required as a condition for any rezoning, conditional use permit or design review for any residential unit receiving such approval within the city, unless provision of fee, land or street frontage for the proposed development has been applied previously to the real estate subject to the application. This section is not applicable to the SmartCode District under chapter 23.

(1)

Fee in lieu of dedication.

a.

Chapter 24, land division, requires a park land dedication of 2,900 square feet per dwelling unit. Where the park commission, in its sole discretion, determines that there is no suitable land for a park, or parks, within the proposed development, the dedication of land is not feasible, or the dedication would not be compatible with the comprehensive plan, or the park commission determines that a cash contribution would better serve the public interest, the parks commission shall then require a fee in lieu of making a land dedication.

b.

The fee to be imposed under subsection (1)a of this section shall be a per dwelling unit fee as set forth in the annual budget appendix fee schedule. In calculating the fee, the typical cost of land sold for residential subdivisions or development shall be considered. This fee shall be collected and paid in lump sum, prior to any land division being executed by the city, or prior to any zoning permit or building permit being issued if a land division is not required.

c.

The park commission may, in its sole discretion, permit the developer to satisfy the requirement of subsection (1)a of this section by combining a land dedication with a fee payment.

d.

The city shall place any fee collected pursuant to the provisions of this section in a separate account to be used for land acquisition and development of adequate park, playground, recreation and open space to meet the needs created by the proposed development.

(2)

Park improvement fee. The developer shall pay, prior to issuance of a zoning permit or building permit a per dwelling unit park improvement fee (a separate fee for single-family units, two-family units and multifamily units) as set forth in the annual budget appendix fee schedule. The collected fees shall be utilized to construct park facilities for the plat, survey or development. The park commission shall give priority to establishing the proper neighborhood park facilities according to the plan for parks and open spaces and the generally accepted standards prior to expenditure for facilities in area or community parks. The collected fee shall go into special segregated funds. The fee, per unit, relates to the cost of improvements for a neighborhood park.

(3)

Reserved.

(Ord. No. 2010-O-09, § 22.128, 10-12-2010; Ord. No. 2018-O-38, § 4, 11-27-2018)

(a)

Declarations of unlawful conduct, activities and conditions.

(1)

It shall be unlawful for any building or structure to be erected, constructed, placed, moved or structurally altered, or for any use of land, premises, building or structure to be established or changed in violation of the provisions of this chapter.

(2)

It shall be unlawful to fail to comply with any standard of this chapter or with any condition or qualification placed upon the issuance of a permit or approval or variance granted in due course under this chapter.

(b)

Liability.

(1)

Owners of lands or properties, occupiers of land or premises, and agents of owners or occupiers including, without limitation because of enumeration, contractors, surveyors, plumbers, installers, soils technicians, or their agents, or lending institutions and insurers or their agents are responsible for compliance with all provisions of this chapter which bear upon their area of competency and responsibility.

(2)

Any such party who violates or aids or abets in a violation shall be liable to prosecution or remedial action.

(3)

This chapter applies fully to all public governmental and quasi-public and quasi-governmental lands, developments and activities unless specifically exempted by state or federal law.

(c)

Investigation of compliance; notice of violations.

(1)

The zoning administrator is responsible for inspecting and investigating compliance of land use activities with the terms of this chapter.

(2)

If, upon such inspection or investigation, the zoning administrator becomes aware of a condition which he/she concludes is or likely to become unlawful, the administrator shall immediately notify the parties to the situation whom he/she deems to be responsible and potentially liable. Such notice shall include:

a.

A demand that the condition that is alleged to constitute the present or potential violation be halted, prevented from occurring or remedied; or

b.

A statement that a complaint on the condition and request for prosecution has been or will be transmitted to the city attorney and/or to enforcement officials, state agencies, or both.

(3)

If an enforcement demand is issued and is not complied with, the zoning administrator may file a request for prosecution with the city attorney, unless an administrative appeal has been commenced and a stay order has been issued.

(d)

Enforcement and penalties.

(1)

Any building or structure hereafter erected, moved or structurally altered or any use hereafter established in violation of any provision of this Code shall be deemed an unlawful building, structure or use. The zoning administrator shall promptly report all such violations to the city attorney who shall cause an action to be brought to enjoin the erection, moving or structural alteration of such building or the establishment of such use or to cause such building, structure or use to be vacated, or removed.

(2)

Any person who violates any provision of this Code or disobeys or refuses to comply with the enforcement of any provision of this Code shall also be subject to a forfeiture of $100.00 per day.

(e)

Other enforcement provisions.

(1)

Where a conditional use, variance, planned development or design review has been approved subject to specified conditions, and where such conditions are not complied with, the body which last approved such conditions may conduct a hearing pursuant to this section upon a petition submitted by any interested party or by the zoning administrator to revoke the approval. A finding of noncompliance with the conditions imposed shall be grounds for revocation.

(2)

Relationship to nuisance actions. No provision of this chapter shall be construed to bar an action to enjoin or abate the use or occupancy of any land or structure as a nuisance upon the laws of the state.

(3)

Conditions placed on rezonings, approvals or permits may include requirement of bonds or similar surety arrangements to ensure performance of required obligations.

(Ord. No. 2010-O-09, § 22.130, 10-12-2010)

(a)

Relationship of zoning to plan documents. City comprehensive plan documents or plans for components of city development shall, unless otherwise specified herein, be guides to interpretation of this chapter. Wherever possible, interpretation decisions rendered under this chapter shall harmonize zoning regulation decisions with plans and with other plan implementation regulations.

(b)

General intent. The intent of this chapter is to contribute to the betterment of the community for the benefit of persons who reside in the community. The chapter intends to promote the public health, safety and welfare, to promote orderly development in all sectors, and to maintain and improve the quality of the community.

(c)

Rules of language construction. The language set forth in the text of this chapter shall be interpreted in accordance with the following rules of construction:

(1)

The singular number includes the plural and the plural is singular.

(2)

The present tense includes the past and future tenses and the future the present.

(3)

The word "shall" is mandatory and the word "may" is permissive.

(4)

The masculine gender includes the feminine and neuter genders.

(5)

Whenever a word or term defined hereinafter appears in the text of this chapter, its meaning shall be construed as set forth in such definition thereof.

(d)

Liberal interpretation. In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and welfare.

(e)

Conflicting regulations. Where the standards of this chapter are either more restrictive or less restrictive than standards imposed by any other laws, ordinances, statutes, resolutions, or regulations, the regulation that is more restrictive or that imposes higher standards or requirements shall prevail. The SmartCode, chapter 23, shall prevail over the terms of this chapter.

(f)

Classification of uses. In each zoning district, there are uses which are permitted uses and uses which are conditional uses.

(1)

Permitted uses for each district may be undertaken in that district upon issuance of a zoning permit for those permitted uses that require a permit, and upon compliance of the use with other applicable laws and ordinances.

(2)

Uses listed in each zoning district as conditional uses may be undertaken in that district only upon approval of a conditional use application pursuant to this chapter and upon compliance of the use with other applicable laws and ordinances.

(3)

A term "allowable uses" in this chapter refers to both permitted and conditional uses.

(g)

Uses not classified. When a use is not specifically provided for in this chapter, the plan commission or a property owner may request a study by the plan commission to determine whether the proposed use is compatible with the land use plan, what zoning district would be appropriate and a determination as to conditions and standards relating to such use; the common council may, upon receipt of the study, initiate an amendment to this chapter to provide for the particular use under consideration or find that the use is not compatible in the particular location.

(h)

Separability. It is hereby declared to be the intent of the common council that the several provisions of this chapter are separable. If a court of competent jurisdiction shall adjudge any provision of this chapter to be invalid, such judgment shall not affect any other provision of this chapter not specifically included in said judgment. If any court of competent jurisdiction shall adjudge invalid the application of any provision of this chapter to particular property, building or structure, such judgment shall not affect application of said provision to any other properties, buildings or structures not specifically included in said judgment.

(i)

SIC reference. Use listings in the business and industrial districts generally employ terminology of the Standard Industrial Classification SIC Manual published by the US Printing Office and interpretive decisions shall be guided by reference to that publication.

(j)

General provisions for use. Any use not listed as a permitted use in a district is prohibited in that district and except as otherwise expressly provided, any use listed as a permitted use in any other district shall be construed as a prohibited use in any other district.

(k)

"Land use plan" and "master plan" defined. The terms "land use plan" and "master plan" shall mean the city comprehensive plan, adopted March 24, 2009, as subsequently amended.

(Ord. No. 2010-O-09, § 22.135, 10-12-2010)

(a)

Each lot newly created shall provide appropriate size, shape and configuration for the uses that predominate or typify the zoning district in which the lot is established.

(b)

Each structure or occupancy for which a minimum lot size and lot dimensions are specified in this chapter shall have a lot prescribed for it, either a traditional legal land parcel or a zoning lot. A zoning lot is a lot equivalent, exclusively identified for the particular structure or occupancy to allow determination of lot standards. The structure or occupancy need not have exclusive legal possession of the zoning lot, but no two zoning lots shall overlap. The zoning administrator or plan commission may establish rules so that zoning lots function in a manner equivalent to traditional lots, but condominium forms of ownership shall not be discriminated against in the administration of this chapter.

(c)

No required yard shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this chapter.

(d)

Setbacks are established within the various use districts. No structure to accommodate a principal use may be established or maintained within a setback. Section 22-55 governs other structural development or occupancies within setbacks.

(e)

The provisions of this section shall not be applied to projects permitted under the SmartCode District, chapter 23.

(Ord. No. 2010-O-09, § 22.136, 10-12-2010)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory means a use of property or an activity that is subordinate and incidental to the primary use and/or activity and that does not alter the appearance of the premises or the external impacts that the premises has on the neighborhood so as to be out of character with dominant, principal uses allowed under this chapter.

Agricultural accessory use means any of the following land uses on a farm:

(1)

A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use.

(2)

An activity or business operation that is an integral part of, or incidental to, an agricultural use.

(3)

A business, activity, or enterprise, whether or not associated with an agricultural use that is conducted by the owner or operator of a farm, that requires no buildings, structures or improvements other than those described in part (1) or farm residences that employ no more than 4 full-time employees annually, and that does not impair or limit the current or future agricultural use of the farm or of other protected farmland.

Agricultural entertainment A farm-based activity, enterprise or business that combines the elements and characteristics of agriculture and tourism or education, and is accessory to a principal agricultural use, which is not necessarily located in an existing building and may have more than one full-time equivalent employee. Examples of agricultural entertainment include: corn mazes, hay rides, sleigh rides, petting farms, on farm tours, agricultural-related museums, demonstrations of farming practices, techniques and methods, fee-based fishing and hunting, horseback riding, nature trails, haunted barns and similar activities which are related to agriculture.

Agricultural related use means:

(1)

An agricultural equipment dealership, facility providing agricultural supplies, facility for storing or processing agricultural products, or facility for processing agricultural wastes.

(2)

Any other use that the department of agriculture, trade and consumer protection (DATCP), by rule, identifies as an agriculture-related use.

Agricultural uses mean any of the following:

(1)

Any of the following activities conducted for the purpose of producing an income or livelihood: crop or forage production, keeping livestock, beekeeping, nursery, sod or Christmas tree production, floriculture, aquaculture, fur farming, forest management and enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program.

(2)

Any other use that the department of agriculture, trade and consumer protection (DATCP) by rule, identifies as an agricultural use.

Animal husbandry means all operations primarily oriented to the on-site raising and/or use of animals, at an intensity of less than one animal unit per acre. It does not include domestic animals that are raised or live in or about habitation of humans and are dependent on people for food or shelter. Animal husbandry is limited to rabbits, poultry, beekeeping, fish farming, and only where and when the person performing the animal husbandry lives on the site.

Animal unit. One animal unit shall be defined as being the equivalent of one cow, or four hogs, or ten sheep, or ten goats, or 100 poultry, or one horse, or one pony, or one mule, or 100 rabbits.

Bed and breakfast establishment means a lodging establishment as defined in Wis. Stats. § 254.61, such that the establishment shall provide eight or fewer rooms for rent to no more than a total of 20 tourists or transients, provides no meals other than breakfast and provides the breakfast only to renters of the place, is the owner's personal residence and is occupied by the owner at the time of lodging. In addition, the bed and breakfast must have been originally built and occupied as a single-family residence, or prior to use as a place of lodging, was converted to use and occupied as a single-family residence.

Boathouse, as defined in Wis. Stats. § 30.121(1), means a permanent structure used for the storage of watercraft and associated materials and includes all such structures which are totally enclosed, have roofs or walls, or any combination of structural parts.

Building means a structure having a supported roof intended for a shelter or enclosure.

Building height measurement means a distance to be measured from the mean ground eave immediately adjoining the front of the structure to the top of the cornice of a flat roof, or to the deck line of a mansard roof, or to a point on the roof directly above the highest wall of a shed roof, or to the uppermost point on a round or other arch type roof, or to the midpoint of the highest gable on a pitched or hip roof.

Building permit means the permit or permits issued by the zoning administrator in enforcing this chapter.

Building separation means the intended purpose of side yard setbacks, specifically to allow adequate separation for privacy, fire safety, emergency vehicular access and open space provision.

Campground means a parcel or tract of land, maintained, intended or used for the purpose of supplying temporary or overnight living accommodations to the public by providing designated areas for the placement of trailers, tents, buses, automobiles or sleeping bags, and may include buildings to provide services to the patrons such as restrooms, bathing, laundry and commissary facilities. A primitive campground shall be any area or site designated for camping purposes which is accessible only by hiking, boating or canoeing.

Cemetery shall include, but not be limited to, cemeteries, mausoleums, columbarians, crematoriums and burial chapels and shall be subject to Wis. Stats. § 157.06.

Certificate of compliance means a certification issued by the zoning administrator stating that the construction and use of land or a building, the elevation of fill or the first floor of a structure is in compliance with all of the provisions of this article.

Channel means a natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water.

Church is defined in section 22-222.

Classes of notice shall be established pursuant to Wis. Stats. ch. 985.

Clinic means an office or building in which dental, veterinary, medical or paramedical services are provided on an out-patient basis. Such services as laboratory, X-ray and first aid services may be provided.

Club means a nonprofit association of persons paying membership fees, whose premises are generally restricted to members and their guests.

Commercial animal operation means a licensed establishment for the housing, grooming, breeding, boarding, training or selling of animals on a commercial, for gain basis.

Community garden means one form of urban agriculture, where an area of land is managed and maintained by a non-profit organization, neighborhood group, community group, or the city. The land is categorized into management plots (usually not exceeding 20 feet by 20 feet), with each plot gardened by different citizens or groups to grow locally produced food and/or ornamental crops, such as flowers, not for sale.

Conceal from view means substantially block view from most off-site locations. A site is not required to be concealed from view from locations that have considerably higher elevation.

Conditional use means a use which is permitted by this article provided that certain conditions specified in the ordinance are met and that a permit is granted by the plan commission or, where designated, the board of appeals.

Consistent with means free from variation or contradiction so that there is agreement between the comprehensive plan and the regulations used to implement the comprehensive plan. A regulation is consistent with the comprehensive plan if any element addressed in both the comprehensive plan and the proposed regulations are free from variation, is in agreement, and achieves the goals, objectives and policies of the comprehensive plan.

Construction equipment shall include, but not be limited to, tractors, both wheeled an crawler types, graders, end loaders, scrapers, bulldozers, cranes, back hoes, drag lines, trucks, including dump, stake body or semi-trailer of more than 2½ ton capacity, utility service vehicles and air compressors. Any of the aforementioned equipment that is used in connection with a farm operation and is not leased or contracted for use on any other property shall not be considered construction equipment.

Convenience cash business is a business licensed pursuant to Wis. Stats. § 138.09, or 218.05 which provide nontraditional, short-term consumer loans in which the consumer receives cash in exchange for giving the lender a post-dated check, title to a motor vehicle, or electronic access to the consumer's bank account for the amount of the loan for a period of time before negotiating the check or for payment to the lender an agreed-upon finance fee or refinancing or consolidating such transaction. Such businesses are also known as, but not limited to, payday loan, cash advance, or check-cashing, or title loan. This does not include financial institutions authorized to do business under state or federal laws including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan associations and credit unions.

Cooperative housing means a dwelling unit where 100 percent of ownership is held by a cooperative corporation incorporated under Wis. Stats. ch. 185 in which all the residents are members of the cooperative, as the term is used in Wis. Stats. ch. 185. In such housing all residents have private bedrooms, but share cooking, dining and common areas and share some household maintenance and cooking duties. The entire structure and real property is under common ownership as contrasted to a condominium dwelling where individual units are under separate individual occupant ownership.

Day care means provision of custodial care for persons for remuneration. If done within a welling unit in which residential living is the primary usage in residential occupancy, the use is classified as family day care. If one in other premises, the use is classified as general day care.

Department means the Wisconsin Department of Natural Resources.

Development means any new use, change of use and any change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; any placement of mobile homes; the construction of additions or substantial alterations to buildings, structures or accessory structures; the placement of buildings or structures; ditching, lagooning, dredging, filling, grading, paving, excavation or drilling operations; and the deposition or extraction of earthen materials or public or private sewage disposal systems or water supply facilities.

Drainage system means one or more artificial ditches, tile drains or similar devices which collect surface runoff or groundwater and convey it to a point of discharge.

Dwelling structures means buildings having one or more dwelling units plus associate areas storage, utility spaces, recreation spaces, hallways, entryways). Dwelling structures do not, for purposes of this article, include mobile homes or manufactured homes.

Dwelling units means sets of rooms or spaces within which sleeping, kitchen, bathroom facilities are provided, contained within the unit, and serving a single person or group of persons who constitute the household that is occupying the dwelling unit.

Electrical interconnection means the point at which the wind tower electrical system is connected to an existing electric distribution system.

Encroachment means any fill, structure, building, use or development in the floodway.

Environmental control facility means any facility, temporary or permanent, which is reasonably expected to abate, reduce or aid in the prevention, measurement, control or monitoring of noise, air or water pollutants, solid waste and thermal pollution, radiation or other pollutants, including facilities installed principally to supplement or to replace existing property or equipment not meeting or allegedly not meeting acceptable pollution control standards or which are to be supplemented or replaced by other pollution control facilities.

Equipment means apparatus not constituting a structure.

Existing mobile home park or mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale on which the construction of facilities for servicing the lots (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is completed before the effective date of the ordinance from which this article is derived.

Family means any number of individuals related by blood or marriage, or not to exceed five persons not so related, living together on the premises as a single housekeeping unit, including any domestic servants.

Farm. See Wis. Stats § 71.613(1)(d).

Farm residence. A single-family or duplex residence that is the only residential structure on the farm or is occupied by any of the following:

(1)

An owner or operator of the farm.

(2)

A parent or child of an owner or operator of the farm.

(3)

An individual who earns more than 50 percent of his or her gross income from the farm.

Federal Emergency Management Agency (FEMA) means the federal agency that administers the National Flood Insurance Program.

Fixed houseboat, as defined in Wis. Stats. § 30.121(1), means a structure not actually used for navigation which extends beyond the ordinary highwater mark of a navigable waterway and is retained in place either by cables to the shoreline or by anchors or spudpoles attached to the bed of the waterway.

Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas caused by the overflow of inland waters, or the unusual and rapid accumulation or runoff of surface waters from any source. The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event.

Floodplain means that land which has been or may be hereafter covered by floodwater during the regional flood. The floodplain is comprised of the floodway and the floodfringe and general floodplain areas.

Freeboard represents a factor of safety usually expressed in terms of a certain amount of feet above a calculated flood level. Freeboard compensates for the many unknown factors that contribute to flood heights greater than the height calculated. These unknown factors include, but are not limited to, ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of urbanization on the hydrology of the watershed, loss of flood storage areas due to development and the sedimentation of a river or stream bed.

Garage means that part of a building or structure, including a carport intended or used primarily for storing passenger vehicles, trailers, motor homes, and trucks.

Garage sale means any display of used goods, and sale of said goods on a property customarily used as a residence. The person or persons conducting the sale shall reside on the lot where the same is conducted.

Gas station.

(1)

Gas station, class I, means a retail place of business engaged only in the sale of motor fuels and incidental petroleum products.

(2)

Gas station, class II, means a retail place of business engaged primarily in the sale of motor fuel, but also engaged in supplying goods and services generally associated with the operation and maintenance of motor vehicles. This may include the sale of petroleum products, sale and servicing of tires, batteries, automotive accessories and replacement items, washing and lubrication services and the performance of automotive maintenance and repair.

(3)

Gas station, class III, means a retail place of business engaged in the sale of motor fuels and dispensing of services generally associated with the operation and maintenance of motor vehicles; the dispensing of food when food is served to a customer and consumed by him/her while seated at a counter or table; and providing of places of temporary residence for motorists, tourists or travelers.

Group home means community living arrangements under Wis. Stats. § 46.03(22), including those child welfare agencies, group homes for children and community based residential facilities identified therein. For purposes of applying lot size, parking and similar requirements to group homes, the zoning administrator shall classify the structure by size as being equivalent to a single-family, two-family or a multiple-unit structure with a specified number of units or equivalent units.

Hard surfaced parking and drive areas means effectively dust-proofed, through means as specified by the city zoning administrator. The administrator shall, from time to time, consult with the plan commission in regard to this list of means.

Hearing notice means a publication or a posting meeting the requirement of Wis. Stats. ch. 985. Class 1 notice is required at a minimum for appeals; published at least one week (seven days) before the hearing. Class 2 notice is required at a minimum for all zoning ordinances and amendments; published twice, once each week consecutively, the last publication at least one week (seven days) before the prior.

Home occupation or household occupation means a limited vocational activity allowed as part of a residential occupancy, provided that such activity meets the following criteria:

(1)

The activity must be clearly secondary and incidental to residential use.

(2)

The activity must not significantly alter the residential character on the dwelling unit, dwelling structure or the parcel.

(3)

The activity must not unreasonably interfere with residential occupancy of other parcels in the neighborhood.

(4)

The activity must not create environmental, safety or health hazards such as noise, lights, odors, vibrations, electrical emissions, or other fire or safety hazards that are noticeably out of character with those produced by normal residential occupancy.

(5)

Traffic generated by the vocational activity many not exceed that which is customary to residential occupancies in the neighborhood.

(6)

Signage for the vocational activity must comply with city sign regulations.

(7)

The parcel and structure must contain adequate area to accommodate the vocational activity without interfering with residential occupancy of other parcels in the neighborhood.

Hospital means an institution providing health services, primarily for in-patients, and medical and surgical care of the sick and injured, including as an integral part of the institution, such related facilities as laboratories, out-patient departments, training facilities, central service facilities and staff offices.

Hotel means a building in which board and lodging are provided to the transient public for compensation.

Hydraulic reach means that portion of the river or stream extending from one significant change in the hydraulic character of the river or stream to the next significant change. These changes are usually associated with breaks in the slope of the water surface profile, and may be caused by bridges, dams, expansion and contraction of the water flow, and changes in stream bed slope or vegetation.

Hydrologic reach means a designated length of river, stream or lake where the storage of floodwaters therein has been taken into account to reduce the regulatory flood discharge. Major manmade or natural changes in the river character, limits of political jurisdiction, or a change in the flood-routing technique used to determine the storage and translation of a flood wave through the area of interest may be used to define the end of a hydrologic reach (e.g., a dam may be considered a major manmade change in the river character or a change from channel routing to reservoir routing may be considered a major change in the flood-routing technique).

Incidental encompasses secondary and accessory and means developments and occupancies that are subordinate or secondary to the actual dominant use or the uses that are intended to be dominant in the district.

Incidental retail sales means sales provided for the convenience of occupants of the building.

Land use means any nonstructural use made of unimproved or improved real estate. Also see Development.

Lines represents the limits of obstruction to flood flows. These lines are designated on both sides of, and generally parallel to, the channel of a river or stream. They are established by assuming that the area landward (outside of the encroachment lines) will ultimately be developed in such a way that it will not convey flood flows, but the development will not cause an increase to regional flood elevations upstream. It is assumed that any development riverward of these lines will cause an obstruction and will require a detailed analysis to determine its effect on the regional flood elevations upstream.

Livestock includes, but is not limited to, bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites, and farm raised fish.

Lot area means the area of a lot in a horizontal plane bounded by the lot lines, but not including any area occupied by waters of an existing lake or river or by wetlands or by lands which have been dedicated as a public thoroughfare, street, park, conservation area, path or trail. Each dwelling structure shall have a lot and a lot area within that lot specified for it and all submission for city approval and all approvals shall specifically reference the lot and lot area for each dwelling structure. Required lot areas shall be owned in fee title. It shall not be legal to establish required lot dimensions by combining lands owned in fee title with lands in which the owner has only an easement or similar interest.

Lot coverage means the portions of a lot or parcel occupied by the principal structure or structures; detached garages and carports; detached gazebos, screen enclosures and patios and decks as provided in section 22-56; storage buildings, sheds and enclosures; pet houses/runs and hard surface play areas not part of a driveway. Pool decking shall be considered as a patio or deck.

Lot line means a perimeter line of a lot, except where any portion of a lot extends into the public right-of-way or a proposed public right-of-way, the nearest line of such public right-of-way shall be the lot line for applying the provisions of this chapter.

Lot line, front, means the boundary of a lot which abuts an existing public street, and in the case of a corner lot, it shall be the shortest dimension on a public street. If the dimensions of a corner lot are within ten percent of being equal, the front lot line shall be that street line designated by the owner and filed in the office of the zoning administrator.

Lot line, rear, means that boundary line of a lot which is opposite the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be aligned ten feet in length within the lot, connecting the side lot lines and parallel to the front lot line.

Lot line, side, means any boundary of a lot which is not a front lot line or a rear lot line.

Lot of record means a platted lot or lot described in a certified survey map or metes and bounds description which has been approved by the city or by the county and has been recorded in the office of the register of deeds.

Lot width means the minimum distance between the side lot lines of any lot measure parallel to the front lot line measured at the setback distance required by this article.

Manufactured home means any structure, transportable in one or more sections, which in the traveling mode is 12 body feet or more in width, and 18 feet or more in length and at least 864 square feet when erected on site, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and which complies with all manufactured home construction and safety standards established under 242 USC 5401 et seq.

Manufactured housing. See Wis. Admin. Code § ILHR 20(52). The term "manufactured housing" does not include manufactured homes.

Mobile home means every vehicle manufactured or assembled before June 15, 1976, designed to be towed as a single unit or in sections upon a highway by a motor vehicle and equipped and used, or intended to be used, primarily for human habitation, with walls of rigid uncollapsible construction, except that excluded from this definition is every "manufactured home" as defined above.

Mobile homes park means any plot or plots of ground upon which two or more units, occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for an accommodation. Is subject to the requirements of Wis. Stats. § 66.058.

Motel means a building containing sleeping rooms for the temporary accommodation of tourists and not for permanent occupancy except by the owner or resident operator.

Municipality means city, village or town.

Navigable waters means Lake Superior, Lake Michigan, all natural inland lakes within the state, and all streams, ponds, sloughs, flowages and other waters within the territorial limits of this state, including the Wisconsin portion of boundary waters, which are navigable under the laws of this state.

Neighboring properties means properties directly affected by deck or related developments (see section 22-55). If the neighboring property is not occupied by a dwelling structure, the plan commission must approve variations in separations.

Nonconforming structure means a structure that was once conforming to dimensional standards but is now nonconforming as to the current dimensional standards of this code.

Nonconforming use means a use or activity that was lawful prior to the adoption, revisions, or amendment of the zoning ordinance but that fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.

Notice, classes. See Classes of notice.

Occupancy means human or human directed occupation of a lot, with or without physical, structural development.

Open space means space which is not occupied by structures, facilities or hard surface, whether or not impervious or pervious. It does not include gravel drives and parking areas, but would include clear landscape stone unless underlain by a nonpervious barrier. Open space does include lawns, gardens or bark beds, sandboxes or similar type facilities.

Open space use means those uses having a relatively low flood damage potential and not involving structures.

Ordinary highwater mark means the point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.

Owner of record means the owner of a lot of record as per the then current city tax records.

Parking space, structured, means spaces inside garages roofed and enclosed on at least three sides.

Person means an individual, or group of individuals, corporation, partnership, association, municipality or state agency.

Person aggrieved means any individual, partnership, corporation, association, public or private organization, officer, department, board, commission or agency of the municipality, whose rights, duties or privileges are adversely affected by a determination under this chapter.

Planning agency means the municipal planning commission, agency, committee or a board of public land commissioners of the municipality's governing body created under Wis. Stats. § 62.23(1) which acts on matters pertaining to planning and zoning.

Premises means a lot together with buildings, structures or equipment thereon.

Principal means the primary or dominant use of a lot or premises.

Recreational facility is defined in division 8 of article II.

Regional flood means a flood determined to be representative of large floods known to have generally occurred in Wisconsin and which may be expected to occur on a particular stream because of like physical characteristics. The flood frequency of the regional flood is once in every 100 years. This means that in any given year, there is a one percent chance that the regional flood may occur or be exceeded. During a typical 30-year mortgage period, the regional flood has a 26 percent chance of occurrence. The regional flood is based upon a statistical analysis of stream flow records available for the watershed or an analysis of rainfall and runoff characteristics in the general watershed region or both. FEMA uses the term "base flood" which means the regional flood.

Residential occupancy means the occupancy of a dwelling unit, dwelling structure and parcels containing such entities for residential living purposes.

Restaurant means an establishment where food and drink is prepared and served. Restaurants are classified by this chapter as follows:

(1)

Sit down, substantially all of patrons sit at tables inside.

(2)

A predominant percentage of patrons sit down inside, although some may carry out food.

(3)

A predominant number of patrons carry out, although some inside seating is provided.

(4)

All patrons carry food out.

(5)

Concession establishments without seating, selling ice cream, popcorn and comparable items as the primary use.

Roadside stand means a structure having a ground area of not over 200 square feet, not permanent by being attached to the ground, readily removable in its entirety and to be used solely for the sale of farm and garden products produced on the premises. Such structures may be located within the setback lines of roads, but shall not interfere with visibility along the highway.

Rotor means a system of rotating aerodynamic elements attached to a single shaft that converts the kinetic energy in the wind into mechanical shaft energy.

Rural event venue means an existing or new building of a traditional agrarian architectural style and surrounding grounds, requiring a rural location and located outside the city's urban service, equipped to host organized meetings and/or social-gatherings, including, but not limited to, weddings, parties, and corporate events.

Sanitary landfill means a type of land disposal operation involving the disposal of solid waste on land.

School is defined in division 8 of article II.

Secondhand business is any person or business requiring a license under chapter 66 of the Fitchburg Municipal Code.

Setback means a minimum horizontal distance measured from the specified property line or street right-of-way (see lot line front) to a point parallel to the lot line or street right-of-way.

Shorelands means lands within the following distances from the ordinary highwater mark of navigable waters; 1,000 feet from a lake, pond or flowage; and 300 feet from a river or stream or to the landward side of the floodplain, whichever distance is greater.

Sleeping room rental means rental, on a regular basis, or sleeping accommodations, whether or not combined with meals or related services, within a dwelling unit that is also occupied by the lessor.

Small animals means animals generally below a weight of 100 pounds kept on a domesticated basis as household pets, also includes birds such as parrots, parakeets, canaries and the like.

Soften views means impose partial interferences with direct visual contact from most off-site locations, so that the object of view is not constantly dominant.

Solid waste disposal operation means the operation or maintenance of a solid waste disposal site or facility, for the collection, storage, utilization, processing or final disposal of solid waste, including, but not limited to, land disposal, incinerator, transfer, air curtain destruction, composting reduction, shredding, compression, processing and salvage. In house re-use of the imperfect finished products to make a merchantable finished product is not a solid waste disposal operation.

Solid waste recycling center means a solid waste disposal operation at which temporary storage and processes such as baling of paper, grinding of glass and flattening of cans, are conducted on segregated solid waste to facilitate re-use of the segregated solid waste as raw material.

State classified manufacturing means manufacturing uses and operations as defined in Wis. Stats. § 70.955(1) to (3).

Storage capacity of a floodplain means the volume of space above an area of floodplain land that can be occupied by floodwater of a given stage at a given time, regardless of whether the water is moving.

Story (measurement of height) means that portion of the building located above the basement. A space is considered a basement if it is below grade or partly below grade but located so that the vertical distance from average grade to the floor below is more than the vertical distance from average grade to ceiling.

Structure means materials forming a construction for use, occupancy or ornamentation, whether installed on or above lands or waters. Includes buildings and other constructed objects.

Turbine height means full height measured from ground level at base to the tip of the blade vertically extended.

Unnecessary hardship means that circumstance where special conditions, which were not self-created, affect a particular property and make strict conformity with the restrictions governing dimensional standards such as area, setbacks, frontage, or height unnecessarily burdensome or unreasonable in light of the purpose of this article. Unnecessary hardship is present only where, in the absence of a variance, no feasible use can be made of the property.

Urban agriculture means cultivation or growing of vegetables, fruits, grains, nuts, herbs or flowers for human consumption or ornamental use. Urban agriculture may also include animal husbandry. Urban agriculture shall also include processing for human consumption food grown on site. Plant waste, and animal manure generated on-site may be composted and used on site as a soil amendment or fertilizer.

Use means:

(1)

A purpose or activity of a development or occupancy.

(2)

A detached subordinate structure or a use which is clearly incidental to, and customarily found with, the principal structure or use to which it is related and which is located on the same lot as that of the principal structure or use.

Utility and governmental facility means the transmission, switching and related facilities, antenna, and similar equipment of installations necessary to conduct public utility, gas, electric, telephone, cable communications within the community or through the community; and municipal lands, facilities, installations or equipment necessary to perform governmental functions. For purposes of this section, municipal includes city, town, county, state, educational agencies, metropolitan sewerage commission, federal entities, and private entities performing public services under service contracts with the municipality. Municipality also includes private entities performing public services under service contracts with a municipality. Municipal lands and facilities include those leased by or to a municipality.

Variance means an authorization granted by the board of appeals to construct, alter or use a building or structure in a manner that deviates from the dimensional standards of this article. A variance may not permit a use of property otherwise prohibited by the ordinance or allow construction not protected to the flood protection elevation.

Water surface profile means a graphic representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas.

Wetland alteration means any filling, flooding, draining, dredging, ditching, tiling, excavating, temporary water level stabilization measures or dike and dam construction in a wetland area.

Wetland district means the zoning district, created in this zoning ordinance, comprised of areas that are designated as wetlands on the wetlands inventory maps which have been adopted and made a part of this article.

Wetlands means those areas where water is at, near or above the land surface long enough to support aquatic or hydrophytic vegetation and which have soils indicative of wet conditions.

Wind turbine system means any mechanical device designed for the purpose of converting win energy into electrical or mechanical power.

Window well means an area below grade that retains the earth around a window that is either entirely or partially below grade, and is constructed for the primary purpose of providing light and ventilation and/or egress from a below grade space during an emergency.

Zero-lot line lot means a lot created with no side yard set back on one side of the lot to create a shared building envelope between the two lots. This shared building envelope shall only be used to build or divide a duplex where the common wall between the two units is built, or determined to be, the common boundary line to create two separate attached single-family dwelling units.

Zero-lot line side yard means the side yard of a zero-lot line lot with no setback. No lot can have more than one side yard with the zero set back.

Zoning lot means a lot containing a single zoning classification within all or a part of a lot of record.

(Ord. No. 2010-O-09, § 22.150, 10-12-2010; Ord. No. 2012-O-03, 4-24-2012; Ord. No. 2015-O-02, § 6, 1-27-2015; Ord. No. 2021-O-12, § 1(Exh. A), 8-24-2021)