These regulations are adopted under the authority granted by Sections 62.23(7), 62.231, 87.30, and 144.26 of the Wisconsin Statutes and amendments thereto. Therefore, the Common Council of the City of Greenfield does ordain as follows:

This chapter shall be known as, referred to, or cited as, "Zoning Code, City of Greenfield, Wisconsin."

The purpose of this Code is to promote the health, safety, morals, prosperity, aesthetics, and general welfare of the City of Greenfield, Wisconsin.

It is the general intent of this Code to regulate and restrict the use of all structures, lands, and waters to:

A.

Regulate and restrict lot coverage and the size and location of all structures to prevent overcrowding and to provide adequate sunlight, air, sanitation, and drainage;

B.

Regulate population density and distribution to avoid sprawl or undue concentration and to facilitate the provision of adequate public service and utilities;

C.

Regulate parking, loading, and access to lessen congestion on, and promote the safety and efficiency of, the streets and highways;

D.

Secure safety from fire, flooding, pollution, contamination, panic, and other dangers;

E.

Stabilize and protect existing and potential property values;

F.

Encourage compatibility between different land uses and protect the scale and character of existing development from the encroachment of incompatible development;

G.

Further the wise use, conservation, protection, and proper development of the City's natural resources including soils, topography and steep slopes, water, floodlands, shorelands, drainageways, wetlands and shoreland wetlands, woodlands and forests, and wildlife resource features and attain a proper adjustment of land division, land use and development to the supporting and sustaining natural resource base;

H.

Preserve, protect, and enhance the visual and aesthetic character of the City and environs;

I.

Further the orderly layout and appropriate use of land;

J.

Prevent and control erosion, sedimentation, and other pollution of the surface and subsurface waters;

K.

Further the maintenance of safe and healthful water conditions;

L.

Prevent flood damage to persons and property and to minimize expenditures for flood relief and flood control projects;

M.

Provide for and protect a variety of suitable commercial and industrial sites;

N.

Protect the traffic-carrying capacity of existing and proposed arterial streets, highways, and collector streets;

O.

Facilitate adequate provision for housing, transportation, water supply, stormwater, wastewater, schools, parks, playgrounds, and other public facilities and services;

P.

Restrict building sites in areas covered by poor soils or in other areas poorly suited for development due to natural resource features or other characteristics;

Q.

Implement those municipal, County, watershed, or regional comprehensive plans or their components adopted by the City and in general facilitate enforcement of those development standards as set forth in City of Greenfield adopted regional, County, and municipal comprehensive master plans, master plan, comprehensive plan, neighborhood plans, planning district plans, adopted plan components, Zoning Code, and Building Code of the City;

R.

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

S.

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

T.

Protect and enhance the City's attractions to residents, tourists and visitors, and serve as a support and stimulus to business and industry.

It is not intended by this Code to repeal, abrogate, annul, impair, or interfere with any existing easements, covenants, deed restrictions, agreements, codes, ordinances, rules, regulations, or permits previously adopted or issued pursuant to laws. However, wherever this Code imposes greater restrictions, the provisions of this Code shall govern.

In their interpretation and application, the provisions of this Code shall be held to be minimum requirements and shall be liberally construed in favor of the City and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

A.

Part, division, section, provision, or portion of this Code. If any part, division, section, provision, or portion of this Code is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Code shall not be affected thereby.

B.

Application of this Code to a particular structure, land, or water. If an application of this Code to a particular structure, land, or water is adjudged unconstitutional or invalid by a court of competent jurisdiction, such judgment shall not be applicable to any other structure, land, or water not specifically included in said judgment.

A.

Wetlands, drainageways, and soils. The City of Greenfield does not guarantee, warrant, or represent that only those areas delineated as wetlands or drainageways from tests and/or mapping required by this Code will be subject to periodic inundation, nor does the City of Greenfield guarantee, warrant, or represent that the soils shown to be unsuited for a given land use from tests and/or mapping required by this Code are the only unsuited soils within the jurisdiction of this Code; and thereby asserts that there is no liability on the part of the City of Greenfield, Common Council, Plan Commission, its agencies and contractors, or employees for flooding problems, sanitation problems, or structural damages that may occur as a result of reliance upon, and conformance with, this Code.

B.

Floodland zoning. The degree of flood protection provided by this Code is considered reasonable for regulatory purposes and is based on engineering experience and scientific methods of study. Occasionally, larger floods may occur or the flood height may be increased by manmade or natural causes such as ice jams or bridge openings restricted by debris. Therefore, this Code does not imply that areas outside the delineated floodplain or land uses permitted within the floodplain will be totally free from flooding and the associated flood damages. Nor shall this Code create a liability on the part of, or a cause of action against, the City of Greenfield or any office or employee thereof for any flood damages that may result from reliance on this Code.

A.

When new Zoning Code shall apply. All work, structures, and uses authorized by permits issued before the effective date of this Code or any amendment thereto shall not be affected by this Code. Except as provided in Paragraphs B., C., D., and E. below of this section, no Zoning Permit or Special Use Permit shall be issued following the effective date of this Code or any amendment thereto unless the work, structure, or use for which the Zoning Permit or Special Use Permit is sought is made to fully comply with the applicable provisions of this Code or any such amendment thereto.

B.

Right to complete construction pursuant to approved plans and permits. Nothing in this Code, or any amendment thereto, shall be deemed to require any change in the plans, construction, or designated use of any structure if a Building Permit (also see paragraph C. of this section) and/or Occupancy Permit for such structure was lawfully and properly issued before the effective date of this Code, or any such amendment thereto, and such Building Permit and/or Occupancy Permit had not by its own terms expired before such effective date of this Code, and construction pursuant to such permits is commenced before the expiration date of such permits.

C.

Building permits. Where a Building Permit for a building or structure has been issued according to law before the effective date of this Code, and if construction is begun within six (6) months of such effective date and the exterior of the building or structure is completed within eighteen (18) months of such effective date, said building or structure may:

1.

Be completed according to the approved plans for which the Building Permit has been issued; and

2.

Upon completion, may be occupied under a Occupancy Permit by the use for which originally designated, subject thereafter to the provisions of Division 21.04.1000 of this Code.

D.

Right to occupy as nonconformity. Upon completion pursuant to paragraph B. and C. of this section, such building or structure may be occupied by, and a Zoning Permit and/or Occupancy Permit shall be issued for, the use designated on such Zoning Permit and/or Occupancy Permit, subject thereafter, to the extent applicable, to the provisions of Division 21.04.1000 of this Code relating to nonconformities.

A.

When Zoning Code shall apply. This Code, and any amendment thereto, shall apply to all applications pending and not finally decided on the effective date thereof to which it would apply if such applications were filed on or after such effective date; provided that:

1.

Nothing in this Code shall be deemed to require any change in any Preliminary Subdivision Plat, Final Subdivision Plat, Certified Survey Map, or Condominium Plat submitted before such effective date and which Preliminary Subdivision Plat, Final Subdivision Plat, Certified Survey Map, or Condominium Plat application shall be processed according to the standards and requirements that were in effect on the date such application was filed; and

2.

This Code shall not apply to any zoning variance application that was on file with the City of Greenfield and complete in all material respects before such effective date. Such zoning variance application shall be processed according to the standards and requirements that were in effect on the date such application was filed; and

3.

For a period of sixty (60) days of the effective date of this Code, this Code shall not apply to any application on file with the City of Greenfield which has been approved by the Common Council. Within said sixty (60) day period the application shall be processed according to the standards and requirements that were in effect on the date such application was filed. Subject to paragraph D1 below, all Building Permits, Zoning Permits, Occupancy Permits, and/or Special Use Permits for said any application on file with the City of Greenfield which has been approved by the Common Council need to be applied for by the applicant and approved within said sixty (60) day period.

B.

Zoning administration. Within thirty (30) days after the effective date of this Code, or any amendment thereto, the Zoning Administrator shall inform each applicant to which this Code applies that:

1.

Said application is subject to the provisions of this Code (except pending applications for Preliminary Subdivision Plats, Final Subdivision Plats, Certified Survey Maps, or Condominium Plats), as amended, and will be processed in accordance therewith; and

2.

The applicant may within thirty (30) days after the mailing of such notice refile, without an additional fee, its application based on this Code, as amended; and that if the applicant does not refile, its application may be denied for noncompliance with the provisions of this Code, as amended.

C.

Duty of applicant.

1.

Notwithstanding the provisions of paragraph B. of this section, it shall be the responsibility of each applicant having an application pending on the effective date of this Code (except pending applications for Preliminary Subdivision Plats, Final Subdivision Plats, Certified Survey Maps, or Condominium Plats), or any amendment thereto, to modify such application according to the terms and provisions of this Code, as amended.

2.

The failure to modify such application in accordance with the terms and provisions of this Code as amended, whether or not the procedures of this section have been followed, may result in the denial of such application for failure to comply with this Code, as amended.

3.

Any modification or refiling of an application pending on such effective date to comply with the provisions of this Code, as amended, shall be permitted anytime before the final disposition of such application and shall be permitted without payment of any additional fee.

D.

Processing of pending applications.

1.

Upon the refiling of any pending application as herein provided in order to conform to the provisions and requirements of this Code, or upon notification from the applicant that it will not refile or modify its application, or upon the expiration of sixty (60) days after the effective date of this Code or any amendment thereto, whichever occurs first, such pending application shall be processed according to the terms of this Code. The Plan Commission may grant up to a maximum additional sixty (60) day extension for refiling or modifying a pending application beyond the expiration of initial sixty (60) days after the effective date of this Code or any amendment thereto. Such extension may be granted by the Plan Commission upon written request to the Plan Commission of the applicant whose application is pending. However, the maximum total time which may be allowed for the refiling or modification of a pending application shall not exceed a total of one hundred twenty (120) days after the effective date of this Code or any amendment thereto.

2.

Notwithstanding any other provision of this section, the Zoning Administrator and/or Plan Commission shall have the authority to request additional data, information, or documentation for pending applications when, in the Zoning Administrator's and/or Plan Commission's judgment, such additional data, information, or documentation is necessary or appropriate to a full and proper consideration and disposition of such pending application.

The Chapter 21 "Zoning Code" of the City of Greenfield Municipal Code and all amendments relating thereto, adopted prior to April 8, 1998 relating to the zoning of land is hereby repealed and all other Ordinances or parts of Ordinances of the City of Greenfield inconsistent or conflicting with this Ordinance (Zoning Code), to the extent of the inconsistency only, are hereby repealed.