Fox Crossing Village
City Zoning Code

A property owner in the area to be affected by the proposed amendment;

The Planning Commission; and

Any member of the Village Board.

Submittal of application materials. The applicant shall submit a complete application to the Zoning Administrator along with the application fee as may be established by the Village Board.

Staff review. Within 10 working days of submittal, if the application is deemed complete, the Zoning Administrator shall schedule a date for the public hearing with the Planning Commission or, if the application is deemed incomplete, shall notify the applicant of any deficiencies. Failure to submit a fee or a fee in the correct amount shall not be considered an application. If the application is incomplete, the applicant has three months to resubmit the application or forfeit the application fee. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied.

Special notice to Outagamie and Winnebago Counties. If the proposed amendment includes land that is in the Outagamie County Airport Overlay District, the applicant is responsible for contacting the respective county or counties.

General notice. Notice shall be provided consistent with Division 2 of Article 5.

Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Planning Commission and the applicant. The Zoning Administrator shall also provide a copy to interested people upon request.

Public hearing. Allowing for proper notice, the Commission shall conduct a public hearing consistent with Division 3 of Article 5.

Planning Commission recommendation. The Commission shall make a written recommendation to the Village Board to:

Transmittal of determination. If the Commission action is favorable, it shall cause an ordinance to be drafted effectuating its determination and shall forward the proposed ordinance along with its recommendation to the Village Board. If the Commission action is not favorable, the Commission shall report its determination to the Village Board including its reasons for denial. Proof of publication of the public notice and proof of the giving of notice to the Village Clerk of the public hearing shall be attached to either report.

Village Board decision. After reviewing the proposed ordinance and the Commission's report, the Village Board may:

Required vote with protest of airport. If a proposed amendment would make any change in an airport affected area [as defined under § 62.23(6)(am)1b, Wis. Stats.] and the owner or operator of the airport protests against the proposed amendment, no ordinance which makes such change may be approved except by the affirmative vote of 2/3 of the members of the Village Board voting on the proposed change.

Notification of decision. Within a reasonable time following the Village Board' decision, the Zoning Administrator shall notify the applicant of its decision.

Administrative steps. If the Zoning Map is amended, the Zoning Administrator shall cause a new Zoning Map to be prepared consistent with Division 2 of Article 7.

Text amendment. If a proposed amendment would revise the text of this chapter, the Planning Commission in making its recommendation and the Village Board in making its decision shall consider the following factors:

Zoning Map amendment. In reviewing a proposed Zoning Map amendment, the Planning Commission in making its recommendation and the Village Board in making its decision shall consider the following factors:

Generally. The Planning Commission may recommend and the Village Board may impose one or more conditions of approval as may be necessary to grant approval.

Mandatory conditions of approval relating to certain existing land uses. If a proposed amendment would revise the Zoning Map and is initiated by a property owner and the subject property hosts a land use that at the time of application is not permitted in the proposed zoning district, such use shall be removed as a condition of approval. If the subject property hosts a land use that at the time of application is classified as a conditional use permit in the proposed zoning district, the property owner shall as a condition of approval submit a conditional use permit application and obtain approval for that land use or, if conditional use permit approval is not granted, remove such use.

Map amendment. An application for a Zoning Map amendment shall include the following:

Other amendments. For all other types of amendments, the application shall include the following:

A summary of the comments received from agency review, if applicable;

Preliminary findings concerning the decision criteria listed in this division;

A recommendation to approve the proposed amendment, approve the proposed amendment with revisions, or deny the proposed amendment;

A preliminary list of revisions, if appropriate, whether the staff recommendation is for approval or denial; and

Other information deemed necessary.

Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the Zoning Administrator to review applicable regulations and procedures, applicable sections of the Village's Comprehensive Plan, and the proposal. The Zoning Administrator may waive the requirement to hold a pre-submittal meeting when he or she determines such meeting is not necessary.

Submittal of application materials. The applicant shall submit a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Staff review. Within five working days of submittal, the Zoning Administrator shall distribute copies to Village department heads for review and comment. Within 10 working days of submittal, the Zoning Administrator shall either schedule a date for the public hearing allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has three months to resubmit the application or forfeit the application fee. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.

General notice. Consistent with Division 2 of Article 5, the Zoning Administrator shall provide for public notice, property owner notice, agency notice, and meeting agenda notice.

Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Planning Commission, the applicant, and to the Village Clerk. The Zoning Administrator shall also provide a copy to interested people upon request.

Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing to review the application consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Planning Commission may request a continuance consistent with Division 3 of Article 5.

Planning Commission recommendation. After the public hearing has been closed, the Commission shall make a recommendation to the Village Board based on the decision criteria contained in this division to approve the creation of the district, approve the creation of the district with conditions, or deny the creation of the district.

Village Board decision. The Village Board shall review the recommendation of the Planning Commission and make a decision based on the decision criteria contained in this division to approve the creation of the district, approve the creation of the district with conditions, or deny the creation of the district.

Preparation of decision notice. Based on the action of the Village Board, the Zoning Administrator shall prepare a decision notice consistent with this division.

Applicant notification. Within a reasonable time following the Village Board's decision, the Zoning Administrator shall mail the decision notice to the applicant by regular mail.

Acceptance by property owner required. If an approval includes one or more conditions of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions and return the same to the Zoning Administrator. The decision notice shall become effective upon the property owner's signature.

Preparation of new Zoning Map. If the district is approved and accepted by the property owner, the Zoning Administrator shall cause a new Zoning Map to be prepared consistent with Division 2 of Article 7.

Public records. If the district is approved, the Zoning Administrator shall keep a duplicate copy of the approved project plan and development agreement, if any, as a permanent record.

Size of the parcel on which the proposed use will occur;

Whether development in the proposed district is consistent with the Village's Comprehensive Plan and any other long-range plans;

The effects of development in the proposed district on traffic safety and efficiency and pedestrian circulation, both within and outside of the district;

Whether the proposed plan for development in the district is compatible and properly coordinated with the existing and anticipated land uses on properties in the immediate vicinity and surrounding areas;

The impacts of development within the proposed district on the natural environment;

The effects of development in the proposed district on public services and facilities;

Whether adequate water and sanitary sewer facilities can be provided to development in the proposed district; and

Any other factor not listed above, but which relates to the public health, safety, or welfare.

Generally. The Planning Commission may impose conditions as may be necessary to grant approval. Such conditions may relate to any of the factors it considered in reaching its decision. In addition, the Commission may require the provision of off-site exactions that may be necessary to approve the establishment of the planned development district.

Effect on contracts with another party. The Planning Commission shall not condition or withhold approval based upon the property owner entering into a contract, or discontinuing, modifying, extending, or renewing any contract, with a third party under which the third party is engaging in a lawful use of the property.

An application form as may be provided by the Village;

A master development plan prepared at an appropriate scale depicting the information listed in Appendix A;[1]

A preliminary draft of covenants (if any are to be imposed); and

A development schedule (if the project is to be constructed in phases), which includes the anticipated beginning date and ending date of each phase and a description of those project-related elements to be completed in each phase.

A summary of the comments received from the interdepartmental/agency review;

Preliminary findings regarding the decision criteria listed in this division;

A recommendation to approve the application, approve the application with conditions, or deny the application;

A preliminary list of conditions of approval whether the staff recommendation is for approval or denial; and

Other information as deemed necessary.

Appeal relating to procedural requirements. An aggrieved person who claims the required procedural requirements were not followed, in whole or in part, may file a written appeal with the Zoning Board of Appeals prior to issuance of a final decision or within 30 days of issuance of a final decision. If an appeal is filed with the Zoning Board of Appeals prior to issuance of a final decision, the Zoning Administrator, at his or her discretion, with concurrence of the applicant, if not the appellant, may suspend the review process until such time as the deficiency is remedied. The Zoning Board of Appeals shall only consider the procedural requirements and may not alter the decision of the Planning Commission. If the Zoning Board of Appeals determines that a procedure, in whole or in part, was not followed as required, the review process shall not progress until such time as the deficiency has been remedied or the decision shall be stayed until such time as the deficiency and subsequent steps have been completed.

Appeal relating to Zoning Board of Appeals decision or relating to the substantive decision. An aggrieved person may appeal the final decision of the Zoning Board of Appeals or the final decision of the Planning Commission to a court of competent jurisdiction within 30 days of the final decision.

Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent shall meet with the Zoning Administrator to review applicable regulations and procedures, applicable sections of the Village's Comprehensive Plan, and the proposal. The Zoning Administrator may waive the requirement to hold a pre-submittal meeting when he or she determines such meeting is not necessary.

Submittal of application materials. The applicant shall submit a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Staff review. Within five working days of submittal, the Zoning Administrator shall distribute copies to Village department heads for review and comment. Within 10 working days of submittal, the Zoning Administrator shall either schedule a date for the public hearing with the Planning Commission allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. Failure to submit a fee or a fee in the correct amount shall not be considered an application. If the application is incomplete, the applicant has three months to resubmit the application or forfeit the application fee. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied.

General notice. Consistent with Division 2 of Article 5, the Zoning Administrator shall provide for a Class 2 public notice, property owner notice, agency notice, and meeting agenda notice.

Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy of it to each member of the Planning Commission, the applicant, and to the Village Clerk. The Zoning Administrator shall also provide a copy to interested people upon request.

Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Commission may request a continuance consistent with Division 3 of Article 5.

Planning Commission decision. After the public hearing has been closed, the Commission shall make a decision based on the decision criteria contained in this division to approve the CUP, approve the CUP with conditions, deny the CUP, or refer the decision to the next regular Commission meeting if the Commission determines that additional information is needed to make a decision on the application.

Preparation of decision notice. Based on the action of the Commission, the Zoning Administrator shall prepare a decision notice consistent with this division.

Applicant notification. Within a reasonable time following the Commission's decision, the Zoning Administrator shall mail the decision notice to the applicant by regular mail.

Acceptance by property owner required. The property owner shall sign the decision notice to acknowledge the imposition of conditions and return the same to the Zoning Administrator. The decision notice shall become effective upon the property owner's signature.

Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

The size of the parcel on which the proposed use will occur;

The presence of other uses on the subject property;

The location of the proposed use on the subject property (e.g., proximity of the proposed use to other existing or potential land uses);

Effects of the proposed use on traffic safety and efficiency and pedestrian circulation, both on site and off site;

The suitability of the subject property for the proposed use;

Effects of the proposed use on the natural environment;

Effects of the proposed use on surrounding properties, including operational considerations relating to hours of operation and creation of potential nuisances;

Effects of the proposed use on the normal and orderly development of the surrounding property for uses permitted in the zoning district and adjoining zoning districts;

Whether the proposed use is consistent with the Village's Comprehensive Plan and any other long-range plans; and

Any other factor not listed above, but which relates to the public health, safety, or welfare.

Generally. The Planning Commission may impose one or more conditions of approval as may be necessary to grant approval. Such conditions and restrictions may relate to the establishment, location, construction, maintenance, and operation of the use, off-site impacts, and any other aspect of the use that impacts the public health, safety, or general welfare. Conditions which are imposed shall be achievable.

Limitation on imposing conditions. A condition of approval shall not lessen a development standard or other requirement contained in this chapter.

Effect on contracts with another party. The Planning Commission shall not condition or withhold approval based upon the property owner entering into a contract, or discontinuing, modifying, extending, or renewing any contract, with a third party under which the third party is engaging in a lawful use of the property.

Special condition for business as property owner. As a condition of approval of a conditional use permit, the property owner, if it is a business entity, such as a limited liability company or a corporation, shall for the life of the conditional use permit continuously maintain a registered office in the State of Wisconsin as evidenced by registration with the Wisconsin Department of Financial Institutions.

A summary of the comments received from the interdepartmental/agency review;

Preliminary findings for the decision criteria listed in this division;

A recommendation to approve the application, approve the application with conditions, or deny the application;

A preliminary list of conditions whether the staff recommendation is for approval or denial; and

Other information as deemed necessary.

Approval. If the application for a conditional use permit is approved, the decision notice shall include the following:

Denial. If the application for a conditional use permit is denied, the decision notice shall include the following:

Non-establishment of use. If the Zoning Administrator determines that substantial work as authorized by a conditional use permit approval did not commence within 12 months of the date of approval or if substantial work did commence within 12 months of the date of approval but has not continued in good faith to completion, he or she shall initiate the process to terminate the approval pursuant to Division 6 of this article. Upon written petition and with cause, the Zoning Administrator may grant a one-time extension not to exceed six months.

Cessation of use. If the Zoning Administrator determines that a conditional use has ceased to operate for any reason, whether intentional or otherwise, for more than 12 continuous months, he or she shall initiate the process to terminate the approval pursuant to Division 6 of this article.

Appeal relating to procedural requirements. An aggrieved person who claims the required procedural requirements were not followed, in whole or in part, may file a written appeal with the Zoning Board of Appeals prior to issuance of a final decision or within 30 days of issuance of a final decision. If an appeal is filed with the Zoning Board of Appeals prior to issuance of a final decision, the Zoning Administrator, at his or her discretion, with concurrence of the applicant, if not the appellant, may suspend the review process until such time as the deficiency is remedied. The Zoning Board of Appeals shall only consider the procedural requirements and may not alter the decision of the Planning Commission. If the Zoning Board of Appeals determines that a procedure, in whole or in part, was not followed as required, the review process shall not progress until such time as the deficiency has been remedied or the decision shall be stayed until such time as the deficiency and subsequent steps have been completed.

Appeal relating to Zoning Board of Appeals decision or relating to the substantive decision. An aggrieved person may appeal the final decision of the Zoning Board of Appeals or the final decision of the Planning Commission to a court of competent jurisdiction within 30 days of the final decision.

Pre-submittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposed livestock operation.

Submittal of application materials. The applicant shall submit four copies of the completed application form and worksheets prescribed by § ATCP 51.30, Wis. Adm. Code, to the Zoning Administrator along with the application fee as may be established by the Village Board.

Determination of completeness. Within 45 days of submittal, the Zoning Administrator shall determine whether the application is complete or incomplete. If the Zoning Administrator determines that the application is incomplete, he or she shall send the applicant a written notice that describes the reason or reasons why the application is incomplete. If the Zoning Administrator determines that the application is complete, he or she shall send a written notice to the applicant within 14 days of such determination.

Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy of it to the Planning Commission and the applicant. The Zoning Administrator shall also provide a copy to interested people upon request.

Notice to adjacent property owners. Within 14 days of a determination of completeness, the Zoning Administrator shall mail a completed notice as in Ch. ATCP 51, Wis. Adm. Code, to the recorded owner of each parcel of land that is adjacent to the proposed livestock facility. Such notices shall be mailed by first-class mail. Failure to comply with the notice requirement under this subsection does not invalidate the approval of a proposed livestock facility, or create a cause of action by a property owner against the Village of Fox Crossing or any Village committee, Village board, or employee.

General notice. Consistent with Division 2 of Article 6, the Zoning Administrator shall provide for meeting agenda notice in addition to the special notice sent to the adjoining property owners in the previous step.

Meeting. Allowing for proper notice, the Planning Commission shall consider the application at a regular or special meeting.

Decision. The Planning Commission shall approve the application, approve the application with conditions, or deny the application based on the decision criteria contained in this division. The Planning Commission may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 90 days after the Zoning Administrator determines the application is complete unless the applicant agrees to an extension of a specified duration. The Planning Commission may, with or without the consent of the applicant, extend the review period with good cause, including a determination that it needs more time to obtain additional information needed to act on the application, the applicant materially modified the application following a determination of completeness, or the applicant requested an extension. If the review period is extended, the Zoning Administrator shall provide the applicant with a written notice of such decision that contains a date by which the Planning Commission will act on the application.

Preparation of decision notice. Based on the action of the Planning Commission, the Zoning Administrator shall within 15 days of such decision prepare a decision notice consistent with this division and give a copy to the applicant.

Recordation of approval. If the application is approved, the applicant may record such decision in the office of the Register of Deeds.

DATCP notification of decision.

Compilation of public record. The Zoning Administrator shall compile all of the materials specified in § 435.6-54.

Preliminary findings based upon the decision criteria listed in this division;

A recommendation to approve the application, approve the application with conditions, or deny the application; and

Other information deemed necessary by the staff.

Approval. If an application for a livestock operation is approved, the decision notice shall include the following:

Denial. If an application for a livestock operation is denied, the decision notice shall include the following:

Following a public hearing, the Planning Commission may revoke or modify an approval if it determines that information in the application or otherwise provided by the applicant or the applicant's agent was incomplete, false, misleading, or inaccurate and such information would have altered its decision to approve the application or the conditions of approval which were or were not imposed.

Notification required for termination of approval.

Generally. At any time following approval of a livestock operation, the livestock operator may submit a written request to the Zoning Administrator proposing an amendment to the approval. So long as the proposed amendment complies with the required standards, the Planning Commission may allow the amendment without following the review procedures in this division. If the Planning Commission approves the proposed amendment, such decision shall be documented in writing and contain the signature of the Chairperson of the Planning Commission or the Zoning Administrator. Each approved amendment shall be sequentially identified (i.e., First Amendment, etc).

Recordation of approval. If the amendment is approved, the livestock operator may record the decision document in the office of the Register of Deeds.

The application and all subsequent additions or amendments to the application which were made by the applicant prior to the Commission's final decision.

A copy of the notice sent to the applicant stating that the application was deemed incomplete or complete.

Copies of any other notices or correspondence that the Zoning Administrator or Planning Commission issued in relation to the application.

A record of any public hearing related to the application. The record may be in the form of an electronic recording, a transcript prepared from an electronic recording, or a direct transcript prepared by a court reporter or stenographer. The record shall also include any documents or evidence submitted by hearing participants.

Copies of any correspondence or evidentiary material that the Planning Commission considered in relation to the application.

Minutes of all Planning Commission meetings when the application was considered.

The written decision as required under this division.

Other documents that the Planning Commission prepared to document its decision or decisionmaking process.

A copy of any local ordinance cited in the Planning Commission's decision.

Generally. If a property owner does not comply with the terms of the approval, such action shall be deemed a violation of this chapter and cause for termination of the approval consistent of this article.

Considerations in pursuing enforcement. The Zoning Administrator and Planning Commission should exercise sound judgment in deciding whether to take compliance action under this section. The following factors should be considered: whether adverse weather conditions may have affected an operator's ability to comply, the nature and seriousness of the violation, whether the violation was intentional or accidental, the operator's compliance history, consistency of enforcement, and whether the problem can be resolved without formal enforcement. Before taking compliance action, the Village should give the operator notice and a reasonable opportunity to demonstrate compliance.

Appeal to Zoning Board of Appeals. Because the decision of the Planning Commission to approve or deny an application is considered an administrative matter, an aggrieved person, as defined in this section, may appeal the final decision of the Commission to the Zoning Board of Appeals within 30 days of such decision.

Appeals to Livestock Facility Siting Review Board. As provided under the Wisconsin Livestock Siting Law,[1] an aggrieved person may appeal the decision of the Zoning Board of Appeals to approve or deny an application to the Wisconsin Livestock Facility Siting Review Board within 30 days of such decision.

Definition of aggrieved person. For the purpose of this division, an "aggrieved person" includes the applicant and any person who resides or owns land within two miles of the proposed livestock facility.

A statement that the permit or other approval is revoked or suspended and a date when the revocation or suspension must be complied with;

Reasons for the revocation or suspension;

Conditions that must be satisfied to reinstate the approval if the permit or other approval is suspended;

A statement that the decision may be appealed as provided for in this division;

The signature of the Zoning Administrator;

Any other information the Zoning Administrator deems appropriate; and

The date of the decision.

Staff review. Within 30 days of submittal of the appeal, the Zoning Administrator shall schedule a date for a public hearing allowing for proper public notice.

Special notice to property owner. The Zoning Administrator shall mail a written notice to the property owner by certified mail at least 21 days prior to the date of the public hearing.

General public notice. Consistent with Division 2 of Article 5, the Zoning Administrator shall provide for a Class 2 public notice, property owner notice, and meeting agenda notice.

Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Commission may request a continuance consistent with Division 3 of Article 5.

Decision. After the public hearing has been closed, the Commission shall approve or deny the appeal. The Commission may render its decision at the same meeting the public hearing is conducted or at a subsequent meeting, but no later than 40 days after the public hearing.

Preparation of decision notice. Based on the action of the Commission, the Zoning Administrator shall prepare a decision notice consistent with this division.

Applicant notification. Within a reasonable time following the Commission's decision, the Zoning Administrator shall mail the decision notice by regular mail to the property owner.

Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

The type and nature of unsafe conditions;

Potential remedies to correct unsafe conditions; and

Any other factor not listed above, but which relates to the public health, safety, or welfare.

The type and nature of the unsafe conditions;

Potential remedies to correct the unsafe conditions; and

Other information as is deemed necessary.

A statement that the permit or other approval is revoked or suspended and a date when the revocation or suspension must be complied with, or a statement that the Zoning Administrator's decision has been overturned and that the land use can be reinstated;

Reasons for the revocation or suspension, or reinstatement;

Conditions that must be satisfied to reinstate the approval if the permit or other approval is suspended;

A statement that the decision may be appealed as provided for in this division;

The signature of the Zoning Administrator on behalf of the Planning Commission;

Other information the Planning Commission or Zoning Administrator deems appropriate; and

The date of the decision.

There are certain situations when the approval for a land use may be terminated. These are as follows:

This division describes the requirements and procedures for terminating an approved use.

Termination of a conditional use permit approval by property owner. The property owner, and no other, is authorized to submit an application to terminate a conditional use permit approval for his or her own property, except as authorized in this section.

Termination of a conditional use permit approval due to cessation. The Zoning Administrator, and no other, is authorized to submit an application to terminate a conditional use permit approval when he or she determines the land use authorized by such approval has ceased to operate for more than 12 months.

Termination of a conditional use permit approval due to violation. The Zoning Administrator, and no other, is authorized to submit an application to terminate a conditional use permit approval when he or she determines that the property owner has violated one or more conditions of approval and action has not been taken to correct the violation.

Submittal of application materials. The applicant, if not the Zoning Administrator, shall submit a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Staff review. Within 30 days of submittal, the Zoning Administrator shall either schedule a date for the public hearing allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has three months to resubmit the application or forfeit the application fee. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.

Special notice to property owner. If the Zoning Administrator is the applicant, he or she shall mail a written notice to the property owner by certified mail at least 21 days prior to the date of the public hearing. Such notice shall state the reasons why the Zoning Administrator has submitted an application to terminate the specified use; the date and time of the public hearing; contact information for the Zoning Administrator, including telephone number; and other information deemed appropriate by the Zoning Administrator. If the action is intended to terminate a conditional use permit for a violation, the notice shall state the alleged violation along with supporting evidence. If the action is intended to terminate an inactive land use, the notice shall state the time period when the land use was not in use along with supporting evidence.

General public notice. Consistent with Division 2 of Article 5, the Zoning Administrator shall provide for a Class 2 public notice, property owner notice, and meeting agenda notice.

Public hearing. Allowing for proper notice, the Planning Commission shall conduct a public hearing consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Commission may request a continuance consistent with Division 3 of Article 5.

Decision. After the public hearing has been closed, the Commission shall approve or deny the application. The Commission may render its decision at the same meeting the public hearing is conducted or at a subsequent meeting, but no later than 40 days after the public hearing.

Preparation of decision notice. Based on the action of the Commission, the Zoning Administrator shall prepare a decision notice consistent with this division.

Applicant notification. Within a reasonable time following the Commission's decision, the Zoning Administrator shall mail the decision notice by regular mail to the property owner.

Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

Administrative steps. If the application is approved, the Zoning Administrator shall update any Village records to indicate that the use as specified in the application has been terminated.

The nature of those buildings or other structures, if any, on the subject property that relate to the use and the extent to which they are or are not otherwise permitted in the district in which the subject property is located;

Effects of the existing use on surrounding properties, including detriment to the full and complete use of such properties and potential for concerns related to possible nuisances;

Effects of the existing use on the normal and orderly development and improvement of the surrounding property for those uses permitted in the zoning district in which they are located; and

Any other factor not listed above, but which relates to the public health, safety, or welfare.

The subject property location;

A description of the original approval, including conditions of approval, if any;

Verification that the property owner is voluntarily seeking termination of a conditional use permit approval or evidence supporting the assertion that the use may be involuntarily terminated consistent with this division;

A description of those buildings or other structures, if any, on the subject property that relate to the use and the extent to which they are or are not otherwise permitted in the district in which the subject property is located; and

Other information deemed necessary.

Approval. If the application to terminate an approval is approved, the decision notice shall include the following:

Denial. If the application to terminate an approval is denied, the decision notice shall include the following:

Submittal of application materials. The applicant shall submit a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Staff review. Within 30 days of submittal, the Zoning Administrator shall either schedule a date for the public hearing with the Zoning Board of Appeals allowing for proper public notice or make a determination that the application is incomplete and notify the applicant of any deficiencies. If the application is incomplete, the applicant has three months to resubmit the application or forfeit the application fee. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.

General notice. Consistent with Division 2 of Article 5, the Zoning Administrator shall provide for Class 2 public notice, property owner notification, agency notification, and meeting agenda notice.

Staff report preparation and distribution. The Zoning Administrator shall prepare a written staff report as described in this division and provide a copy to each member of the Zoning Board of Appeals and the applicant. The Zoning Administrator shall also provide a copy to interested people upon request.

Public hearing. Allowing for proper notice, the Zoning Board of Appeals shall hold a public hearing consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Zoning Board of Appeals may request a continuance consistent with Division 3 of Article 5.

Decision. After the public hearing has been closed, the Zoning Board of Appeals, after considering the comments and the staff report, shall make a decision based on the decision criteria contained in this division to approve the variance, approve the variance with conditions, or deny the variance. The Zoning Board of Appeals may render its decision at the same meeting the public hearing is conducted or at a subsequent meeting, but no later than 40 days after the public hearing unless the applicant agrees to an extension of a specified duration.

Preparation of decision notice. Based on the action of the Zoning Board of Appeals, the Zoning Administrator shall prepare a decision notice consistent with this division.

Applicant notification. Within a reasonable time following the Zoning Board of Appeals' decision, the Zoning Administrator shall mail the decision notice to the applicant by regular mail.

Acceptance by property owner required. If the Zoning Board of Appeals grants the variance with one or more condition of approval, the property owner shall sign the decision notice to acknowledge the imposition of such condition or conditions and return the same to the Zoning Administrator. The decision notice shall become effective upon the property owner's signature.

Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

Additional procedural steps. If the Zoning Board of Appeals grants the variance, the applicant shall then follow other review procedures as may be required.

The requirement from which a variance is being sought is an unnecessary hardship.

The subject property has unique physical characteristics or limitations that prevent the property from being developed in compliance with this chapter.

The granting of the variance will not be contrary to or harm the public interest.

Dimensional variance. The following actions shall not be allowed by a dimensional variance:

Use variance. The Zoning Board of Appeals may not issue a use variance.

A summary of the comments received from the interdepartmental/agency review;

Preliminary findings for the decision criteria listed in this division;

A recommendation to approve the application, approve the application with conditions, or deny the application;

A preliminary list of conditions whether the staff recommendation is for approval or denial; and

Other information deemed necessary.

Approval. If the application for a variance is approved, the decision notice shall include the following:

Denial. If the application for a variance is denied, the decision shall include the following:

Submittal of appeal. The applicant shall submit a written appeal to the Village Clerk within 30 days of the date of the administrative decision being appealed, except that an appeal of an interpretation issued under the authority of this chapter may be appealed at any time without limitation.

Notification of appeal. The Village Clerk shall provide a duplicate copy of the appeal to the Zoning Board of Appeals and the Zoning Administrator.

Compilation and submittal of record. The Zoning Administrator shall compile a complete and accurate record relating to the action being appealed and transmit it to the Zoning Board of Appeals in a timely manner.

Special notice. The Chairperson of the Zoning Board of Appeals shall give notice for the public hearing to the parties in interest, including the applicant and the Zoning Administrator.

General notice. The Chairperson of the Zoning Board of Appeals shall provide a Class 2 public notice and meeting agenda notice consistent with Division 2 of Article 5.

Public hearing. Allowing for proper notice, the Zoning Board of Appeals shall conduct a public hearing consistent with Division 3 of Article 5. Prior to the close of the public hearing, the applicant or the Zoning Board of Appeals may request a continuance consistent with Division 3 of Article 5.

Decision. After the public hearing has been closed, the Zoning Board of Appeals shall make a decision to affirm the Zoning Administrator's decision, set aside the decision, or modify the decision. The Zoning Board of Appeals may render its decision at the same meeting the matter was initially considered or at a subsequent meeting, but no later than 40 days after the date of the initial meeting unless the applicant agrees to an extension of a specified duration.

Notification of decision. Within a reasonable time following the Zoning Board of Appeals' decision, the Village Clerk shall mail the decision notice to the applicant by regular mail and provide a duplicate copy of the same to the Zoning Administrator and the Planning Commission.

Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

Generally. The Zoning Board of Appeals shall determine if the Zoning Administrator made an error in judgment as applied to the instance being appealed.

Historic property. In an action involving a historic property, as defined in § 44.31(3), Wis. Stats., the Zoning Board of Appeals shall consider any suggested alternatives or recommendations submitted by the Landmarks Commission, if one has been established, or the Planning Commission.

New development. No land use listed in Table 7-1, Land Use Matrix,[1] may be established or expanded without a zoning permit, except those that are specifically exempted in that table.

Change in use. No existing nonresidential building or structure may be occupied by a different use without a zoning permit.

Submittal of application materials. The applicant shall submit a completed application and other required materials to the Zoning Administrator along with the application fee as may be established by the Village Board.

Staff review. Within 30 days of submittal, the Zoning Administrator shall either determine that the application is incomplete and notify the applicant, in writing, of any deficiencies or make a decision based on the decision criteria contained in this division to approve the application, approve the application with conditions, or deny the application. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.

Applicant notification. Within a reasonable time following his or her decision to approve or deny the application, the Zoning Administrator shall mail the decision notice to the applicant by regular mail.

Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

New development. For new development, a zoning permit shall automatically expire 12 months after the date of issuance unless substantial work has commenced under the permit and continues in good faith to completion. Upon petition and with cause, the Zoning Administrator may grant a one-time extension not to exceed six months provided:

Change in use. For a change in use, the zoning permit shall automatically expire six months after the date of issuance if the applicant does not move into the vacant space.

Submittal of question. The individual requesting the interpretation shall submit the question in writing to the Zoning Administrator and the application fee as may be established by the Village Board.

Decision. The Zoning Administrator shall make a written decision within 30 business days of receiving the request.

Notification of decision. Within a reasonable time following completion of his or her interpretation, the Zoning Administrator shall mail a duplicate copy of the interpretation by regular mail to the individual requesting the interpretation and provide a copy of the same to the Planning Commission and those Village employees involved in the administration of this chapter, as appropriate.

Public record copy. A duplicate copy of the interpretation shall be retained as a public record.

The name of the person posing the question;

The section number of this chapter in question;

The question or alleged ambiguity;

The factors that were considered in making the interpretation;

The interpretation;

Other information the Zoning Administrator deems appropriate;

The signature of the Zoning Administrator; and

The date of the decision.