The administration of this chapter is hereby defined as follows:

(1)

The Plan Commission and City Planning Department:

a.

Request for City action.

b.

Amendments.

c.

Conditional uses.

(2)

The Office of the Zoning Administrator:

a.

Issuance of zoning certificates.

b.

Licensing.

(3)

The Zoning Board of Appeals:

a.

Appeals.

b.

Variances.

(4)

Historic Preservation Commission: Fees/penalties.

(Code 1984, § 13.201)

The City Plan Commission is established to promote and administer all planning functions required by Wis. Stats. § 62.23.

(1)

Composition. The Plan Commission shall consist of seven members: one Alderperson and six citizens. The members shall be persons whose experience and qualifications are of such kind and nature as to prepare them to discharge the duties required of them.

(2)

Alderperson member. The Alderperson member shall be appointed by the Mayor at the first meeting of the Common Council held after the spring election and shall serve for the balance of their term in office.

(3)

Citizen members. The Mayor shall appoint six citizen members. The first terms shall be staggered, one for one year, two for two years, and one for three years, respectively, from the succeeding May 1. Thereafter, annually during April, members shall be appointed for a term of three years.

(4)

Authority. The City Plan Commission shall, subject to the usual contractual and employment practices of the City, have the power and authority to employ experts and staff, pay for their services, and pay such other expenses as may be necessary and proper from the appropriation made for such Commission by the Common Council or from other monies placed at its disposal by gift, grant, or otherwise. The Council may, however, adopt rules for the expenditures of such funds.

(5)

Removal. The Commission may call for the removal of its members per Section 2-81. The Common Council shall take the appropriate action as deemed necessary.

(6)

Vacancy. Should any vacancy occur among the members by reason of death, resignation, disability, removal, or otherwise, immediate notice thereof shall be given to the Mayor and Common Council, and the Council shall appoint a replacement. Should any vacancy occur among the officers, the vacant office shall be filled in accordance with the Plan Commission rules, such officer to serve the unexpired term of the office in which such vacancy shall occur.

(7)

Officers. The Plan Commission shall elect a Chairperson, Vice-Chairperson, and secretary from among its members. The Zoning Administrator shall serve as the secretary of the City Plan Commission, and the City Planning staff shall act as the agent of the Plan Commission in carrying out its duties.

(8)

Functions of the plan commission. The City Planning Department is responsible for administering all planning functions required by state statute. The Plan Commission is authorized to perform the following functions:

a.

Rules and public record. The Plan Commission shall adopt rules for the transaction of its business and shall keep a public record of its transactions, findings, and recommendations.

b.

Comprehensive plan and official controls. The Plan Commission shall cooperate with the Zoning Administrator and other Planning Department staff in preparing and recommending to the Common Council for adoption or amendment comprehensive plans and recommendations for plan implementation in the form of official controls and other measures.

c.

Administration of ordinance. The Plan Commission shall provide assistance to the Common Council and Planning Department staff in the administration of this chapter.

d.

Rezoning, conditional use permits. The Plan Commission shall review, hold public hearings, and make recommendations to the Common Council on all applications for zoning amendments and conditional use permits using the criteria established in this chapter.

e.

Official Map and other regulations. The Plan Commission shall prepare and recommend the following documents to the Common Council:

1.

An Official Map in accordance with Wis. Stats. § 62.23.

2.

A zoning district plan and regulations in accordance with Wis. Stats. § 62.23.

3.

Land division and subdivision regulations in accordance with Wis. Stats. § 236.45.

(Code 1984, § 13.202)

Those wishing to obtain approval through the Green Bay Plan Commission shall first complete a "Request for City Action" and a detailed letter of intent. Such actions include, but are not limited to, rezoning of property, conditional uses and amendments, Planned Unit Developments, City and extraterritorial subdivision of land, City and extraterritorial subdivision variance, development district map amendments, Official Map amendments, plats of right-of-way, discontinuance of public easement, street name changes, declaring City property surplus, vacation of a street/alley/pedestrian walkway, and/or others as applicable. The application for City action is available in the office of the Planning Department. Such application and letter of intent shall be completed in full and submitted with the appropriate fee to the City Clerk for placement on an available Common Council meeting.

(Code 1984, § 13.203; Ord. No. 17-08)

The Common Council may, by ordinance, change or supplement the regulations established by this article or amendments to this article.

(1)

Initiation.

a.

Proposed text amendments may be initiated by the Common Council, City Plan Commission, property owner, or resident of the City.

b.

Proposed map amendments may be initiated by the Common Council, City Plan Commission, or the owner or owner's designated agent of the particular property to be rezoned.

(2)

Amendments.

a.

Application by property owner or resident. A property owner or resident wishing to amend the text of this chapter shall meet with Planning Department staff to discuss the proposed amendment and may then file an application form with the City Clerk accompanied by a nonrefundable application fee as may be established by the Council from time to time by resolution to cover costs of public notice and administrative review.

b.

Neighborhood meeting. A neighborhood meeting may be required by staff as part of a zoning amendment. The coordination and costs of such meeting shall be the responsibility of the petitioner.

c.

Action by Plan Commission. After review and consideration of the amendment, the Plan Commission shall forward its recommendations to the Common Council.

d.

Public hearing. The Common Council or the Plan Commission, upon designation by the Common Council, shall hold a public hearing with a Class 2 public notice. The notice shall be published at least two times prior to the hearing.

e.

Action by Common Council. Council action to approve the amendment shall be done by ordinance.

f.

Re-application time-period. The Plan Commission will not consider any application of a property owner or owner's designated agent for a zoning map amendment within a one-year period following a denial of the same request by the Common Council, except that the Plan Commission may permit a new application if the request is significantly altered or at the discretion of the Zoning Administrator for a different zoning district or for amended property boundaries.

(3)

Additional requirements in floodplain districts. Map or text amendments that affect property in floodplain districts shall comply with the requirements of Sections 44-1169 and 44-1170 of this chapter.

(Code 1984, § 13.204; Ord. No. 01-25, § 1, 2-4-2025)

(a)

Definition. There are certain uses which, because of their unique characteristics, cannot be properly classified in a particular district or districts without consideration, in each case, of the impact of those uses upon neighboring land and of the public need for the particular use at the particular location. Such conditional uses fall into two categories:

(1)

Uses publicly-operated or traditionally affected with a public interest.

(2)

Uses entirely private in character but of such an unusual nature that their operation may give rise to unique problems with respect to their impact upon neighboring property or public facilities.

(b)

Initiation. Proposed conditional use permits may be initiated by the Common Council, City Plan Commission, or the owner or owner's designated agent of the particular property requesting the conditional use permit.

(c)

Conditional use permit.

(1)

Application by property owner or resident. A property owner or resident wishing to receive a conditional use permit shall meet with Planning Department staff to discuss the proposed CUP and may then file an application form with the Planning Department accompanied by a nonrefundable application fee as may be established by the Council from time to time by resolution to cover costs of public notice and administrative review.

(2)

Neighborhood meeting. A neighborhood meeting may be required by staff as part of a conditional use. The coordination and costs of such meeting shall be the responsibility of the petitioner.

(3)

Action by Plan Commission. After review and consideration of the CUP request, the Plan Commission shall forward its recommendations to the Common Council.

(4)

Public hearing. The Common Council or Plan Commission, by designation of the Common Council, shall hold a public hearing with public notice.

(5)

Action by Common Council. Council action to approve the CUP shall be done by resolution.

(6)

Re-application time-period. The Plan Commission will not consider any application of a property owner or owner's designated agent for a conditional use permit within a one-year period following a denial of the same request by the Common Council, except that the Plan Commission may permit a new application if the request is significantly altered or at the discretion of the Zoning Administrator for a different use or for amended property boundaries.

(d)

Findings and recommendations. For each requested conditional use, the Plan Commission shall report to the Council its findings and recommendations, including the stipulations of additional conditions and guarantees that each condition will be complied with when they are deemed necessary for the protection of public interest.

(e)

Standards. Conditional use approval may be recommended by the Plan Commission with reasonable consideration of the following:

(1)

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

(2)

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.

(3)

The conditional use, its exterior architectural design, and functional plan of any proposed structure will not be injurious to the use of other property in the immediate vicinity nor substantially diminish or impair property values within the surrounding neighborhood.

(4)

Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.

(5)

Adequate measures have been or will be taken to provide ingress and egress and so designed as to minimize traffic congestion.

(6)

Adequate parking facilities as specified in Article XVIII of this chapter.

(7)

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

(f)

Conditions and guarantees. Prior to the granting of any conditional use, the Plan Commission may recommend such conditions and restrictions upon the establishment, location, construction, maintenance, and operation of the use as deemed necessary to protect the public interest and comply with the standards in subsection (e) of this section. In all cases in which conditional uses are granted, the Council may require such evidence and guarantees as it determines are necessary as proof that the stipulated conditions are being complied with.

(g)

Renewal of conditional use approval. If construction has not begun or if the conditional use has not been established within 12 months of the approval date, the conditional use shall be required to be renewed as outlined above. Furthermore, if the use ceases to exist or ceases to be conducted for a period of 12 consecutive months, conditional use approval shall be required to be renewed as outlined above.

(Code 1984, § 13.205; Ord. No. 17-08; Ord. No. 10-18, §§ 1, 2, 6-19-2018)

The Zoning Administrator is responsible for interpreting and administering this chapter. The Zoning Administrator or designee shall:

(1)

Issue all zoning certificates and maintain records thereof.

(2)

Conduct inspections of buildings, structures, and use of land to determine compliance with the terms of all federal, state, and local codes.

(3)

Maintain permanent and current records, including, but not limited to, all maps, including floodplain maps and all water surface profiles, amendments, conditional uses, variances, appeals, and applications.

(4)

Provide and maintain public records relative to all matters arising out of this chapter.

(5)

Receive, file, and forward to the Zoning Board of Appeals all completed applications for appeals, variances, or other matters on which the Zoning Board of Appeals is required to act under this chapter.

(6)

Initiate, direct, and review, from time to time, a study of the provisions of this chapter and make recommendations to the Plan Commission.

(7)

Submit copies of applications for amendments, variances, and appeals to the floodplain regulations and floodplain maps to the appropriate District Office of the Wisconsin Department of Natural Resources, the Federal Insurance Administration, and the Federal Insurance and Hazard Mitigation Office.

(8)

Submit copies of any adopted amendments and any decisions by the Zoning Board of Appeals on appeals and variances to the floodplain regulations and floodplain maps, any case-by-case analyses of proposals in floodplain areas, and an annual summary report of the number and types of zoning actions taken to the appropriate District Office of the Wisconsin Department of Natural Resources.

(9)

Enforce this chapter pursuant to Wis. Stats. § 62.23(7)(e) where necessary to protect the health, safety, and welfare of the community.

(10)

Determine the validity of uses, conditional uses, and dimensional considerations when it is unclear of the status of a subject property.

(Code 1984, § 13.206)

It shall be unlawful to occupy or use any building, structure, or premises unless a certificate of zoning has been issued by the Zoning Administrator. A certificate of zoning shall not be issued unless the use of the building or premises is in compliance with all applicable provisions of this chapter. A certificate of zoning should be invalid if the use is not completed within one year of its issuance, change in zoning, or change in use.

(Code 1984, § 13.207)

Those home-based occupations authorized by conditional use permit shall be required to obtain a home-based occupation certificate from the City, subject to payment of a filing fee as established by Common Council resolution. Home-based occupation certificates are not transferable. The certificate shall be renewed annually if required by the conditional use permit approval, at which time the home-based occupation shall be subject to inspection to ensure Code compliance. All nonconforming home-based occupations existing prior to the date of adoption of the ordinance from which this chapter is derived may continue, but the use shall not expand, be rebuilt, relocated, replaced, or altered without being brought into compliance with this chapter.

(Code 1984, § 13.208; Ord. No. 36-09)

The Zoning Board of Appeals is established for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.

(1)

Composition. The Zoning Board of Appeals shall consist of five members appointed by the Mayor and subject to confirmation by the Common Council for terms of three years, except that of those first appointed, one shall serve for one year, two for two years, and two for three years. The Mayor shall designate one of the members as chairperson.

(2)

Removal. The members of the Zoning Board of Appeals shall be removable by the Mayor for cause upon written charges and after public hearing. The remaining members shall elect one member as Chairperson. Vacancies shall be filled for the remainder of the unexpired terms of members whose seats become vacant.

(3)

Alternate members. The Mayor shall appoint two alternative members in addition to the five regular members for staggered three-year terms. The Mayor shall annually designate one of the alternates as the first alternate member and the other as the second alternate member. The first alternate member shall act only when a regular member is absent or abstains. The second alternate member may act only when the first alternate is unable to act or is already sitting or acting.

(4)

Organization. The Zoning Board of Appeals shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this chapter.

a.

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

b.

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

c.

If a quorum is present, the concurring vote of a majority of the members present of the Board shall be necessary to correct an error, grant a variance, make an interpretation, and permit a temporary, unclassified, or substituted use.

(Code 1984, § 13.209; Ord. No. 30-12; Ord. No. 15-13; Ord. No. 24-23, § 1, 1-16-2024; Ord. No. 06-24, § 1, 3-19-2024)

The Zoning Board of Appeals is hereby vested with the following jurisdiction and authority:

(1)

Appeals. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator in the enforcement of this chapter.

(2)

Variances. To hear and act upon applications for specific variances from the terms provided in this chapter.

(3)

Other matters. To hear and act upon all other matters referred to it upon which it is required to act under this chapter.

(4)

Assistance. The Board may request assistance from other City officers, departments, commissions, and boards.

(5)

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

(Code 1984, § 13.210)

(a)

Appeals to the Zoning Board of Appeals may, upon formal application, be taken by any person aggrieved by or affected by a decision of the Zoning Administrator or any other administrative official charged with administering and enforcing this chapter. Such appeals shall be governed by the following provisions.

(b)

Procedure.

(1)

A petition shall be filed with the Zoning Administrator and transmitted to the Zoning Board of Appeals. An appeal shall stay all legal proceedings of the action appealed unless a stay would cause imminent peril to life or property.

(2)

The officer whose action is appealed shall submit a written report to the Board that describes the reasons for the action and send a representative to the appeal hearing to comment.

(3)

The Board shall establish a reasonable time for the hearing of the appeal and give public notice thereof. The Board shall render a decision on the appeal within a reasonable time.

(4)

The Board may reverse or affirm, wholly or partially, or may modify the order, requirement, decision, or determination as appropriate.

(Code 1984, § 13.211)

The Zoning Board of Appeals may, upon denial of a site plan as required in Article XIX of this chapter and submission of a formal application, grant a variance from the dimensional standards of this chapter where an applicant convincingly demonstrates that literal enforcement of the provisions of the chapter will result in practical difficulty or unnecessary hardship on the applicant.

(1)

Procedure. An application for a variance shall be filed with the Zoning Administrator and transmitted to the Zoning Board of Appeals. Prior to making a determination with respect to a variance request, the Board shall hold a public hearing and provide, by mail, written notice to the petitioner and to owners of property immediately surrounding and within at least 100 feet of the property in question, exclusive of streets and alleys, as listed in the office of the City Assessor.

(2)

Findings. No variance shall be granted by the Board unless it finds that the following facts and conditions exist and so indicates in the minutes of its proceedings.

a.

Preservation of intent. A variance would not be inconsistent with the spirit, purpose, and intent of the regulations for the district in which it is requested.

b.

Exceptional circumstances. Exceptional, extraordinary, or unusual circumstances or conditions apply to the lot or intended use that do not apply generally to other properties or uses in the same district, and the variance is not of so general or recurrent a nature to suggest that this chapter should be changed.

c.

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

d.

Absence of detriment. The variance will not create substantial detriment to adjacent property and will not materially impair or be contrary to the spirit, purpose, and intent of this chapter or the public interest.

e.

Hardship. The alleged difficulty in complying with the Municipal Code is not self-imposed nor is it based solely on economic grounds.

(3)

Conditions. Conditions may be placed upon any variance.

(Code 1984, § 13.212)

All decisions and findings of the Zoning Board of Appeals, on appeal or upon application for a variance after a hearing, shall in all instances be final administrative determinations and shall be subject to review by a court as may be provided by law.

(1)

Expiration of variance. If construction has not begun or if the variance has not been acted upon within 12 months of the approval date, the variance shall expire.

(2)

If the use ceases to exist or ceases to be conducted for a period of 12 consecutive months, the variance shall expire.

(Code 1984, § 13.213)

(a)

It is hereby declared a matter of public policy that the protection, enhancement, perpetuation, and use of improvements or sites of special character or special architectural or historic interest or value is a public necessity and is required in the interest of the health, prosperity, safety, and welfare of the people. The purpose of this section and Article XV of this chapter is to:

(1)

Effect and accomplish the protection, enhancement, and perpetuation of such improvements, sites, and districts which represent or reflect elements of the City's cultural, social, economic, political, and architectural history.

(2)

Safeguard the City's historic and cultural heritage as embodied and reflected in such historic structures, sites, and districts.

(3)

Foster civic pride in the notable accomplishments of the past.

(4)

Stabilize and improve property values.

(5)

Protect and enhance the City's historic districts, structures, and sites for the benefits of residents, tourists, and visitors and serve as a support and stimulus to business and industry.

(6)

Improve and enhance the visual and aesthetic character of the City.

(7)

Educate the public regarding the need and desirability of a City historic preservation program and its enhancement of the quality of life.

(b)

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

Alteration means any act or process which changes one or more of the exterior features of an improvement, including but not limited to the erection, construction, reconstruction, or moving of any improvement.

Certificate of appropriateness means a statement issued by the Landmarks Commission (LC), or their designee, verifying that the LC has reviewed an application for a proposed alteration, rehabilitation, construction, reconstruction, or demolition of a historic structure, historic site, or any improvement in a historic district; that the LC has found the requested action to be appropriate to the general character of the improvement, historic structure, historic site, or historic district; and that the requested action may be taken subject to applicable building and zoning codes.

Character means all those visual aspects and physical features that comprise the appearance of a historic structure, historic site, or historic district. Character-defining elements include the overall shape, its materials, craftsmanship, decorative details, spaces, and features, as well as the various aspects of its site and environment.

Contributing building means a building, object, or site located within the boundaries of a local historic district and identified as contributing to the historical, cultural, archaeological, or architectural significance of the local historic district.

Demolition means any act or process which destroys in part or in whole an improvement.

Features means elements that give a historic structure, historic site, or historic district its visual character and that should be taken into account in order to preserve them to the maximum extent possible. For historic structures, the term "features" also includes the kind and texture of the building material, and the type and style of all windows, doors, and all other architectural elements.

Historic District means a place or area designated as a historic district pursuant to the provisions of this chapter. In order to be designated, the following requirements shall be met: the historic district may contain, within definable geographic boundaries, one or more historic structures along with such other buildings, places or areas which, while not of such historic significance to be designated as historic structures, nevertheless contribute to the overall visual characters of the historic structure or structures located within the District.

Historic site means a place or area designated as a historic site pursuant to the provisions of this chapter. In order to be designated, the following requirements shall be met: the historic site must represent, within definable geographic boundaries, any building, landscape, site, improvement, event, or structure that is or was of local, regional, or national significance.

Historic structure means any improvement which has a special character or special historic interest or value as part of the development, heritage, or cultural characteristics of the City and which has been designated as a historic structure pursuant to the provisions of this chapter.

Improvement means any building, structure, place, work of art, or other object constituting a physical betterment of real property, or any part of such betterment, including streets, alleys, sidewalks, curbs, lighting fixtures, signs and the like.

(Code 1984, § 13.214; Ord. No. 18-18, § 1(13-214), 8-21-2018)

The Landmarks Commission (LC) is established to promote and administer all historic preservation functions required by Article XV of this chapter and this Division 5. Pursuant to the provisions of Wis. Stats. § 62.23(7)(em), a Landmarks Commission is hereby created, consisting of seven members. Of the membership, one shall be a registered architect, one shall be a historian, or licensed contractor, one shall be a licensed real estate broker or licensed appraiser, one shall be an Alderperson, and three shall be citizen members. Two of these citizen members shall reside in or own a certified historic structure or site. All members must be current residents of the City of Green Bay. Each member shall have, to the highest extent practicable, a known interest in historic preservation. If an architect, historian/contractor, or real estate broker/appraiser is not available at time of vacancy, an appropriate alternative professional may be appointed by the Mayor only if two of the three listed professions are already represented on the Commission. The Chairperson of the LC shall be chosen by the members of the LC, but may not be a person affiliated with the City government in any capacity beyond the LC, including employment, appointment, or election. The Mayor shall appoint the Commissioners, subject to confirmation by the Common Council. Of the initial members so appointed, two shall serve a term of one year, two shall serve a term of two years, and three shall serve a term of three years. Thereafter, the term for each member shall be three years, except the Alderperson who shall only serve through their term of office.

(Code 1984, § 13.215; Ord. No. 18-18, § 1(13-215), 8-21-2018; Ord. No. 11-19, § 1, 3-5-2019)

For purposes of this division, a historic structure, historic site, or Historic District designation may be placed on any site, natural or improved, including any building, improvement, or structure located thereon or any area of particular historic, architectural, archaeological, or cultural significance to the City. See Section 44-1547 for designation provisions.

(Code 1984, § 13.216; Ord. No. 18-18, § 1(13-216), 8-21-2018)

See Section 44-1552 for powers and duties.

(Code 1984, § 13.217; Ord. No. 18-18, § 1(13-217), 8-21-2018)

A schedule of fees shall be established and may be amended from time to time by the Common Council for all permits, appeals, or other applications filed under the terms of this chapter. Such fees shall be as provided in the City Fee Schedule.

(Code 1984, § 13.218)

It shall be unlawful to use or improve any structure, land, or water in violation of any of the provisions of this chapter. In case of any violation, the Common Council, the Zoning Administrator, the Plan Commission, or any property owner who would be specifically damaged by such violation may institute appropriate action or proceedings to enjoin a violation of this chapter or cause a structure to be vacated or removed.

(1)

Remedial action. Whenever an order of the Zoning Administrator has not been complied with or where written agreements for compliance have not been made by the property owner within 15 days after written notice has been mailed to the owner, resident agent, or occupant of the premises, the Common Council, the Zoning Administrator, or the City Attorney shall initiate appropriate legal action or proceedings to prohibit such owner, agent, or occupant from using such structure, land, or water.

(2)

Enforcement by injunction. Compliance with the provisions of this chapter may also be enforced by injunction order at the suit of the City or one or more owners of real estate situated within an area affected by the regulations of this chapter.

(3)

Declared nuisances. Any building erected, structurally altered, or placed on a lot or any use carried on in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the City may apply to any court of competent jurisdiction to restrain or abate such nuisance.

(Code 1984, § 13.219)

Any person who violates any provision of this chapter shall be subject to a penalty as provided in Section 1-6. Each day a violation exists or continues shall constitute a separate violation.

(Code 1984, § 13.220)