There is hereby established a Plan Commission for the City of Greenfield, Wisconsin, according to Section 62.23 of the Wisconsin Statutes.

The Plan Commission shall consist of the Mayor who shall be its presiding officer, an alderperson who shall be elected by majority vote of the Council each April, the Chairperson of the Park and Recreation Board or in the absence of the chairperson, it will be the designee of the chairperson excluding the Director of the Parks and Recreation Department, Common Council member representative OR the school board district representatives, and four (4) citizens appointed by the Mayor for three (3) year terms. There shall be two (2) additional citizens appointed by the Mayor as alternates to the Commission who shall serve for a period of three (3) years in instances when regular members are unable to attend Plan Commission meetings. The City Engineer and the Director of Inspection Services and Zoning shall serve as ex officio, nonvoting members on the Plan Commission.

A.

Presiding officer. The presiding officer shall be the Mayor.

B.

Secretary. The Secretary, if needed, shall be appointed by the Mayor.

C.

Recording secretary. The Mayor's designee shall be the recording secretary.

D.

Official oaths. The official oaths shall be taken by all members according to applicable Wisconsin Statutes and Municipal Code requirements.

E.

Terms. Terms for the citizen members shall commence May 1st, shall be staggered shall be for a three (3) year period.

The Plan Commission shall organize and adopt rules for its own government according to the provisions of this Code.

A.

Meetings. Meetings shall be held monthly (at a minimum) and at the call of the Mayor or a majority of the full Plan Commission and shall be open to the public.

B.

Standing and special committees. Standing and special committees may be appointed by the Chairman.

C.

Quorum. Quorum shall be four (4) members and all actions shall require approval of a majority of the Plan Commission members present.

D.

Minutes. Minutes shall be kept showing all actions taken, resolutions, findings, determinations, transactions, and recommendations made. A copy of the minutes shall be filed with the City Clerk as a public record.

The Plan Commission shall have such powers as may be necessary to enable it to perform its functions and duties and promote municipal planning. Such powers shall include, but not be limited to, the following:

A.

Employment of experts. To employ experts and a Staff and to pay for their services, supplies, equipment, and such other expenses as may be necessary and proper, not to exceed the appropriations and regulations made by the Common Council.

B.

Reports and recommendations. To make reports and recommendations relating to the plan and development of the municipality to public officials, agencies, utilities, and other organizations and citizens.

C.

Public improvement programs. To recommend public improvement programs and financing thereof to the Common Council or Mayor.

D.

Request available information. To request available information from any public official to be furnished within a reasonable time.

E.

Enter upon any land. The Plan Commission, its members, and employees may enter upon any land in the performance of its functions, make examinations and surveys, and place and maintain necessary monuments and marks thereon.

The Plan Commission shall have the following functions and duties:

A.

Make and adopt a Comprehensive (Master) Plan. To make and adopt a Comprehensive (Master) Plan and/or elements thereof for the physical development of the municipality including any areas outside its boundaries according to Section 62.23 of the Wisconsin Statutes.

B.

Make and recommend an official map. To make and recommend an Official Map to the Common Council according to Section 62.23 of the Wisconsin Statutes.

C.

Prepare and recommend a zoning district plan and regulations. To prepare and recommend a zoning district plan and regulations to the Common Council according to Section 62.23 of the Wisconsin Statutes.

D.

Prepare and recommend land division regulations. To prepare and recommend land division regulations to the Common Council according to Section 236.45 of the Wisconsin Statutes.

E.

Changes to the Comprehensive (Master) Plan. To make any changes to the Comprehensive (Master) Plan they deem necessary or desirable and to recommend any changes or amendments to the Common Council that they deem necessary or desirable concerning the Official Map and Official Map Ordinance, Zoning Code, and Subdivision and Platting Code, and other codes and ordinances as deemed related.

F.

Matters referred to the Plan Commission. To consider and report or recommend on all matters referred to them including, but not limited to, Special Use Permits and development site plans, natural resource protection plans, landscape plans, lighting plans, and architectural plans as provided by this Code.

G.

Variances to land division and platting provisions. The granting of variances to the land division and platting related aspects of this Code shall be the sole charge of the Plan Commission [See State ex rel. Westbrook v. City of New Berlin, 120 Wis.2d 256, 354 N.W.2d 206 (Ct. App. 1984)] except dimensional Zoning Code standards and requirements as set forth in this Zoning Code.

H.

Temporary uses. To hear and grant applications for temporary uses in any district if such uses are of a temporary nature, do not involve the erection of a substantial structure, and are compatible with the neighboring uses. The permit shall be temporary, revocable, subject to any conditions required by the Plan Commission, and shall be issued for a period not to exceed twelve (12) months. Compliance with all other provisions of this Code shall be required.

I.

Hold public hearings and informational meetings. To hold public hearings and informational meeting on matters referred to the Plan Commission.

The Common Council or other public body or officer of the City, having final authority thereon, shall refer to the Plan Commission, for its consideration and report before final action is taken, the following matters:

A.

Public buildings. Location and architectural design of any public building.

B.

Statues and memorials. Location of any statue or other memorial.

C.

Streets, alleys, or other public way, park, playground, airport, parking area, or other memorial or public grounds. Location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition, or lease of land for any street, alley, or other public way, park, playground, airport, parking area, or other memorial or public grounds.

D.

Public utilities. Location, extension, abandonment, or authorization for any public utility whether publicly or privately owned.

E.

Public or semi-public housing, slum clearance, relief of congestion, or vacation camps for children. Location, character, and extent, or acquisition, leasing, or sale of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children.

F.

Annexations, incorporations, detachments, or consolidations. All annexations, incorporations, detachments, or consolidations affecting the City.

G.

Division of land. All division of lands (including Subdivisions, Certified Survey Maps, and Condominium Plats) within the City and the City's extraterritorial platting jurisdiction, as applicable.

H.

Changes and amendments. All proposed or requested changes and amendments to the City's Comprehensive (Master) Plan (or element thereof), Official Map Ordinance, Zoning Code, Land Division Ordinance, and Design Guidelines for development.

The Plan Commission shall have all additional powers and duties granted or assigned by the Common Council or by City codes and ordinances. All the powers and duties granted or assigned by the Wisconsin Statutes to Plan Commissions and any amendments thereto are hereby granted or assigned to the Commission and such statutes are hereby adopted by reference.

The members of the Plan Commission shall receive such compensation as the Common Council shall from time to time designate.

Whenever an applicant requests that there be a special meeting or a special hearing of the Plan Commission, the applicant shall pay with such request, the sum as set forth in the City of Greenfield "Fee Schedule."

Matters referred to the city planner. Matters referred to the City Planner for review and recommendation to the Plan Commission, Common Council, and/or City staff may include such planning matters as:

A.

Land use development proposals, concept plans, site plans, natural resource protection plans, lighting plans, architectural plans, and landscaping plans.

B.

Location of public facilities.

C.

Location of school and park sites.

D.

Highway and local street layouts.

E.

Zoning and rezoning requests.

F.

Official mapping.

G.

Subdivision regulations.

H.

Subdivision plats (including concept or sketch, preliminary, and final plats).

I.

Certified survey maps.

J.

Condominium plats.

K.

Comprehensive (master) plan amendments.

L.

Annexations and annexation petitions.

M.

Detachments and/or consolidations.

N.

Identification of relevant issues and suggest/design special planning-related studies.

O.

Review applicable development-related codes, ordinances, and design guidelines for possible updating and amendment.

P.

The submission of advice and professional recommendations on matters which may come before the Plan Commission, Common Council, or City staff.

Q.

Such other additional special projects, or matters, as may be requested by the Mayor.

See Section 21.08.0107 and Division 21.09.0200 of this Code.

There is hereby established a Zoning Board of Appeals in the City of Greenfield according to Section 62.23 of the Wisconsin Statutes for hearing appeals and applications, and granting variations and exceptions to the provisions of this Code in harmony with the purpose and intent of the Zoning Code.

The Zoning Board of Appeals shall consist of five (5) members appointed by the Mayor and confirmed by the Common Council. In addition:

A.

Terms. Terms of the Zoning Board of Appeals shall be staggered three (3) year periods.

B.

Chairman. The Chairman of the Zoning Board of Appeals shall be designated by the Mayor.

C.

Alternate members. Two (2) alternate members of the Zoning Board of Appeals shall be appointed by the Mayor for a term of three (3) years and shall act only when a regular member is absent or refused to vote because of conflict of interest. (Am. #2351)

D.

Director of inspection services and zoning. The Director of Inspection Services and Zoning shall attend all meetings of the Zoning Board of Appeals for providing technical assistance when requested by the Zoning Board of Appeals. (Am. #2351)

E.

Official oaths. Official Oaths shall be taken by all members of the Zoning Board of Appeals according to applicable Wisconsin Statutes and Municipal Code requirements. (Am. #2351)

F.

Vacancies. Vacancies of the Zoning Board of Appeals shall be filled for the unexpired term in the same manner as appointments for a full term.

The Zoning Board of Appeals shall organize and adopt rules of procedure for its own government according to the provisions of this Code.

A.

Meetings. Meetings of the Zoning Board of Appeals shall be held at the scheduled time and shall be open to the public.

B.

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

C.

Recording Secretary. The Recording Secretary shall be the Director of Inspection Services and Zoning designee. (Am. #2351)

The Zoning Board of Appeals shall have the following powers:

A.

Errors. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Zoning Administrator or the Building Inspector.

B.

Special exceptions. To hear and grant applications for special exceptions (except special exceptions relating to land divisions) pursuant to the provisions of Section 62.23(3) of the Wisconsin Statutes as amended from time to time and to hear and grant applications for special exceptions pursuant to this division of this Code. Use special exceptions are not permitted and shall not be granted.

C.

Interpretations. To hear and decide applications for interpretation of the zoning regulations and the boundaries of the zoning districts after the Plan Commission has made a review and recommendation.

D.

Permits. The Zoning Board of Appeals may reverse, affirm wholly or partly, modify the requirements appealed from, and may issue or direct the issue of a permit.

E.

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

F.

Oaths. The Chairman of the Zoning Board of Appeals may administer oaths and compel the attendance of witnesses.

G.

Special exceptions to the land division and platting provisions of this Code. The granting of special exceptions to the land division and platting related aspects of this Code shall be the sole charge of the Plan Commission [See State ex rel. Westbrook v. City of New Berlin, 120 Wis.2d 256, 354 N.W.2d 206 (Ct. App. 1984)] except dimensional Zoning Code standards and requirements as set forth in this Zoning Code.

A.

General application requirements. Appeals from the decision of the Zoning Administrator and the Building Inspector concerning the literal enforcement of this Code or Chapters 21 and 23 of the Municipal Code may be made by any person aggrieved, or by any officer, department, board, or bureau of the City. Such appeals shall be filed with the Secretary of the Zoning Board of Appeals within thirty (30) days after the date of written notice of the decision or order of the Zoning Administrator or Building Inspector. Applications may be made by the owner or lessee of the structure, land, or water to be affected anytime and shall be filed with the Secretary. Such appeals and application shall include that information and data as required under Section 21.08.0106 of this Code.

B.

Applications relating to floodplain-related mapping disputes. See Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code.

A.

Purpose. The Zoning Board of Appeals, after a public hearing, may determine and vary the regulations of this Code in harmony with their general purpose and intent, only in the specific instances hereinafter set forth, where the Zoning Board of Appeals makes findings of fact according to the standards hereinafter prescribed, and further finds that there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this Code.

B.

Application and notice of hearing.

1.

Special exception (except special exceptions granted by the Zoning Administrator). An application for a special exception shall be filed in writing with the Zoning Administrator. The application shall contain such information as set forth in Section 21.08.0107 of this Code. Before decisions on such petitions, the Zoning Board of Appeals shall hold a public hearing thereon pursuant to the requirements set forth under Section 21.09.0208 of this Code.

2.

Appeals from the decision of the Zoning Administrator and the Building Inspector concerning the literal enforcement of this Code regarding the accessory buildings of one hundred fifty (150) square feet or less in area, decks and fences may be made by the owner of the structure or land to be affected. Such appeals may be filed with the Secretary within thirty (30) days after the date of written notice of the decision or order of the Zoning Administrator or Building Inspector, or if such decision or order of the Zoning Administrator or Building Inspector has been made before the effective date of this Code and no appeal has been taken therefrom, then sixty (60) days from the effective date of this Code, whichever date occurs later. Applications for a minor special exception may be made by the owner of the structure or land to be affected anytime and shall be filed with the Secretary. Before decisions on such petitions, the Zoning Board of Appeals shall hold a public hearing thereon pursuant to the requirements set forth under Section 21.09.0208 of this Code.

C.

Findings and factors.

1.

The applicant shall have the burden of proof to present evidence sufficient to support the findings required under subsection C.

2.

Pursuant to the subsection a. and b., a special exception may be granted only upon a finding, by not fewer than four members of the Zoning Board of Appeals, that:

a.

Compliance with the requirement will:

1)

Be unreasonably burdensome to the applicant; or

2)

Unreasonably and negatively impact upon the applicant's use of the property; and

b.

The special exception, including any conditions imposed under subsection C.4., will:

1)

Be consistent with the existing character of the neighborhood;

2)

Not effectively undermine the ability to apply or enforce the requirement with respect to other properties; and

3)

Be in harmony with the general purpose and intent of the ordinance prescribing the requirement.

3.

In making the determinations under subsection C.2.a. and b., the Zoning Board of Appeals may consider factors such as: characteristics of the real property, including, but not limited to, relative placement of improvements thereon with respect to property boundaries or otherwise applicable setbacks; existing and future use of property; useful life of improvements at issue; disability of an occupant; aesthetics; degree of noncompliance with the requirement allowed by the special exception; proximity to and character of surrounding properties; zoning of the area in which property is located and neighboring areas; and purpose and intent of the Zoning Code subsection imposing the requirement.

4.

Any special exception granted under the authority of subsection C.2.a. and b., may contain conditions that the Board of Appeals deem necessary, including, but not limited to, conditions that:

a.

Prescribe the duration of the special exception be:

1)

Permanent, thereby remaining permanently with the property; or

2)

A specified length of time; or

3)

The time period during which the property is owned or occupied by a particular person;

b.

Require the performance of additional actions related to the mitigation or enhancement of impacts resulting from the special exception; or

c.

Prescribe a limitation of the action effectively authorized by the special exception, even though such a limitation does not otherwise appear in the requirement from which the special exception is sought.

D.

Modifications. See Division 21.04.0900 of this Zoning Code for allowed modifications to Zoning Code requirements.

A.

General. Appeals from interpretations rendered by the Zoning Administrator may be taken to the Zoning Board of Appeals.

B.

Standards for use interpretations. The following standards shall govern both the Zoning Administrator and the Zoning Board of Appeals on appeals from the Zoning Administrator in issuing use interpretations:

1.

No use interpretation shall be given with respect to the residential zoning districts.

2.

Any use defined in either Divisions 21.04.0600 or 21.02.0100 of this Code shall be interpreted as therein defined.

3.

No use interpretation shall permit a use listed as a permitted use or a special use in any district to be established in any district in which such use is not so listed.

4.

No use interpretation shall permit any use in any district unless evidence shall be presented that shows that it will comply with each use limitation established for that particular district.

5.

No use interpretation shall permit any use in a particular district unless such use is substantially similar to other uses permitted in such district. Such use shall be more similar to other uses in the zoning district than to uses permitted or specially permitted in a more restrictive district.

6.

If the proposed use is most similar to a use permitted only as a special use in the district in which it is proposed to be located, then any use interpretation permitting such use shall be conditioned upon the issuance of a Special Use Permit for such use pursuant to Divisions 21.04.0700 and 21.080103 of this Code.

7.

No use interpretation shall permit the establishment of any use that would be inconsistent with the district intent statement of the district in question.

8.

Subject to the foregoing conditions and limitation, as set forth in this section, in rendering use interpretations the Zoning Administrator and Zoning Board of Appeals shall be guided by the Standard Industrial Classification (SIC) use classification system and methodology described therein.

9.

No interpretation shall have the effect of amending, abrogating, or waiving any other standard or requirement established by this Code.

C.

Effect of favorable use interpretations. No use interpretation finding a particular use to be permitted or specially permitted in a particular district shall authorize the establishment of such use nor the development, construction, reconstruction, alteration, or moving of any building or structure, but shall merely authorize the preparation, filing, and processing of applications for any permits and approvals that may be required by the codes and ordinances of the City of Greenfield including, but not limited to Zoning Permit, Special Use Permit, Building Permit, or any other required permit.

D.

Limitations on favorable use interpretations. Limitations on favorable use interpretations are as follows:

1.

Subject to an extension of time granted by the Zoning Board of Appeals, no use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be valid for a period longer than six (6) months from the date of issue unless a Building Permit is issued and construction is actually begun within the six (6) month period and is thereafter diligently pursued to completion, or a Zoning Permit or Special Use Permit is obtained and a use commenced within that period.

2.

A use interpretation finding a particular use to be permitted or specially permitted in a particular district shall be deemed to authorize only the particular use for which it was issued, and such permit shall not be deemed to authorize any allegedly similar use for which a separate use interpretation has not been issued. Such permit shall automatically expire and cease to be of any force or effect if the particular use for which it was issued shall, for any reason, be discontinued for a period of twelve (12) consecutive months or more.

E.

Wetland and floodland mapping interpretations and/or disputes.

1.

Wetland mapping interpretation and/or disputes. When the Zoning Board of Appeals is asked to interpret a SW District boundary where an apparent discrepancy exists between the City's Final Wetland Inventory Map and actual field conditions, the City shall contact the Wisconsin Department of Natural Resources (DNR) to determine if the wetland inventory map is in error. If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the Zoning Board of Appeals shall direct the Plan Commission to initiate appropriate action to rezone the property within a reasonable amount of time.

2.

Floodland mapping interpretation and/or disputes. See the requirements of Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code.

A.

General. (Am. #2796) The Zoning Board of Appeals shall hold a public hearing upon each variance giving notice of the date, time, place of such hearing, and the matter to be presented at the hearing by publication in the City of a Class 1 notice under Chapter 985 of the Wisconsin Statutes. Notice of the public hearing shall be given to the Zoning Administrator or Building Inspector and mailed to all parties-in-interest at least ten (10) days before the hearing. Parties-in-interest shall be defined as the petitioner, the clerk of any municipality within one thousand (1,000) feet of any lands included in the petition, the owners of all lands included in the petition and all lands lying within two hundred (200) feet of lands included in the petition, and other parties who were duly recorded as attending earlier proceedings on the matter or who submitted earlier correspondence on the matter. The Zoning Administrator shall set the date for the public hearing(s). At the hearing the appellant or applicant may appear in person, by agent, or by attorney.

In addition, the Zoning Board of Appeals shall transmit a copy of each application for a variance to conservancy regulations in a shoreland or to floodland regulations, and a copy of all shoreland and floodland appeals to the Wisconsin Department of Natural Resources (DNR) for review and comment at least ten (10) days before any public hearings. Final action on the application shall not be taken for at least thirty (30) days, or until the DNR has made its recommendation, whichever comes first. A copy of all decisions relating to variances to conservancy regulations in a shoreland or to floodland regulations, and a copy of all shoreland and floodland applications shall be transmitted to the DNR within ten (10) days of the date of such a decision.

B.

Conduct of public hearing. The Chairman of the Zoning Board of Appeals shall place all witnesses under oath. The Zoning Board of Appeals shall hear all relevant evidence presented for and against the application. The Chairman of the Zoning Board of Appeals may rule on exceptions to evidence and permit examination of witnesses.

No special exception to the provisions of this Code shall be granted by the Zoning Board of Appeals unless it finds beyond a reasonable doubt that all the following facts and conditions exist and so indicates in the minutes of its proceedings.

A.

Preservation of intent. No special exception shall be granted that is not consistent with the purpose and intent of the regulations for the district in which the development is located. No special exception shall permit a use in any district that is not a stated permitted use, accessory use, or special use in that particular district.

B.

Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions applying to the lot or parcel, structure, use, or intended use that do not apply generally to other properties or uses in the same district and the granting of the special exception would not be of so general or recurrent nature as to suggest that the Zoning Code should be changed.

C.

Economic hardship and self-imposed hardship not grounds for special exception. No special exception shall be granted solely based on economic gain or loss. Self-imposed hardships shall not be considered as grounds for the granting of the special exception.

D.

Preservation of property rights. The special exception must be necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and same vicinity.

E.

Absence of detriment. No special exception shall be granted that will create substantial detriment to adjacent property and will materially impair or be contrary to the purpose and spirit of this Code or the public interest.

F.

Additional requirements in floodland districts. See Chapter 23 "Floodplain Zoning" of the City of Greenfield Municipal Code.

A.

Special exception. (Am. #2731) The Zoning Board of Appeals shall decide all appeals and applications within thirty (30) days after the final hearing and shall transmit a signed copy of the Zoning Board of Appeals' decision to the appellant or applicant, Zoning Administrator, Building Inspector, and Plan Commission. If a quorum is present (three members), a simple majority of the quorum of the Zoning Board of Appeals shall be necessary to grant a special exception as per Wis. Stats. 62.23(7)(e)3m.

1.

Conditions. Conditions may be placed upon any Zoning Permit ordered or authorized by the Zoning Board of Appeals.

2.

Expiration of special exception, substitutions, and permits. Special exceptions, substitutions, or use permits granted by the Zoning Board of Appeals shall expire within six (6) months unless substantial work has commenced pursuant to such grant.

3.

Copy of all decisions on floodland appeals or special exception requests to be transmitted to the DNR. A copy of all decisions on floodland appeals or special exception requests shall be transmitted to the DNR within ten (10) days of their effective date.

The provisions of § 62.23(7)(e)10., Wis. Stats., shall be followed by any person or persons, jointly or severally aggrieved by any decision of the Zoning Board of Appeals, or any taxpayer, or any officer, department, board or bureau of the municipality.

The members of the Zoning Board of Appeals shall receive such compensation as the Common Council shall from time to time designate.

There is hereby established a Historic Preservation Commission for the City of Greenfield to safeguard the City's historic and cultural heritage; stabilize and improve property values; promote civic pride in the beauty and noble accomplishments of the past; protect and enhance the City for its residents, tourists and visitors for education, pleasure, and general welfare; and to strengthen the economy of the City.

A.

Membership. The Historic Preservation Commission shall consist of seven (7) residents of the City appointed by the Mayor subject to confirmation by the Common Council. Memberships shall consist of the following: one (1) shall be a registered architect or graduate architect; one (1) shall be a recognized local historian with qualifications in historic preservation, architectural history, or history; one (1) shall be a licensed real estate broker; one (1) shall be an alderman; one (1) shall be a Plan Commission member; and two (2) shall be citizen members with known interest in local history and historic preservation.

B.

Terms. Terms shall be for staggered three (3) year periods.

1.

Chairman. Chairman shall be appointed by the Mayor.

2.

Secretary. Secretary shall be selected by the members.

3.

Official oaths. Official oaths shall be taken by all members according to Section 19.0 of the Wisconsin Statutes within ten (10) days of receiving notice of their appointment.

4.

Vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.

The Historic Preservation Commission shall organize and adopt rules for its own government according to the provisions of this section.

A.

Meetings. Meetings shall be held at the call of the Chairman of the Historic Preservation Commission or when requested by the Common Council or Plan Commission and shall be open to the public.

B.

Minutes. Minutes shall be kept showing all actions taken and shall be a public record. The grounds for every decision shall be stated in the minutes.

C.

Quorum. Quorum shall be four (4) members, and all actions shall require the concurring vote of at least four (4) members.

The Historic Preservation Commission shall have the following powers:

A.

Designation. The Historic Preservation Commission shall have the power to recommend the designation of landmarks, landmark sites and historic districts within the City to the Plan Commission based upon criteria established in Section 21.09.0405 of this Code.

B.

Regulation of construction, reconstruction and exterior alteration. No owner or person in charge of a landmark, landmark site, or structure within a historic district shall reconstruct or alter all or any part of the exterior of such property or construct any improvement upon such designated property or cause or permit any such work to be performed upon such property unless a Certificate of Appropriateness has been granted by the Plan Commission upon recommendation by the Historic Preservation Commission. Applications for a Certificate of Appropriateness shall be filed with the Historic Preservation Commission. Within thirty (30) days of submission of the application, the Historic Preservation Commission shall make a recommendation to the Plan Commission based upon the following determinations:

1.

Whether, in the case of a designated landmark or landmark site, the proposed work would detrimentally change, destroy or adversely affect any exterior architectural feature of the improvement upon which said work is to be done; and

2.

Whether, in the case of the construction of a new improvement upon a landmark site, the exterior of such improvement would adversely affect or not harmonize with the external appearance of other neighboring improvements on such site; and

3.

Whether, in the case of any property in a historic district designated pursuant to the criteria established in this Code, the proposed construction, reconstruction or exterior alteration does not conform to the objectives and design criteria of the historic preservation plan for said district as duly adopted by the Plan Commission.

C.

Regulation of demolition. No person in charge of a landmark, or improvement in a historic district shall be granted a permit to demolish such property without review and recommendation by the Historic Preservation Commission to the Plan Commission.

D.

Recognition of landmarks and landmark sites. Whenever a landmark or landmark site has been properly designated according to this division, the Historic Preservation Commission may cause to be prepared and erected on such property, at City expense, a suitable plaque declaring that such property is a landmark or landmark site. Such plaque shall be so placed to be easily visible to passing pedestrians. For a landmark, the plaque shall state the accepted name of the landmark, the date of its construction, and other information deemed proper by the Historic Preservation Commission. For a landmark site that is not the site of a landmark building, such plaque shall state the common name of the site, and such other information deemed appropriate by the Historic Preservation Commission.

E.

Sale of landmark sites. Any party who is listed as the owner of record of a landmark or landmark site at the time of its designation, who can show to the Historic Preservation Commission that by virtue of such designation he is unable to find a buyer willing to preserve such landmark site, although he has made reasonable attempts in good faith to find and attract such a buyer, may petition the Historic Preservation Commission to recommend to the Plan Commission a rescission of its designation. Following the filing of such petition with the secretary of the Historic Preservation Commission:

1.

The owner and the Historic Preservation Commission shall work together in good faith to locate a buyer for the subject property who is willing to abide by its designation.

2.

If, at the end of a period not exceeding six (6) months from the date of such petition, no such buyer can be found, and if the owner still desires to obtain such rescission, the Historic Preservation Commission shall recommend to the Plan Commission to rescind its designation of the subject property.

3.

In the event such rescission, the Historic Preservation Commission shall notify the City Clerk, the Building Inspector and the City Assessor of same, and shall cause the same to be recorded, at the City's expense, in the office of the Milwaukee County Register of Deeds.

4.

Following any such rescission, the Historic Preservation Commission may not recommend to redesignate the subject property a landmark or landmark site for not less than five (5) years following the date of rescission.

F.

Other duties of the Historic Preservation Commission. In addition to those duties already specified in this section, the Historic Preservation Commission shall:

1.

Actively work for the passage of enabling legislation that would permit the granting of full or partial tax exemptions to properties it has designated under the provisions of this section to encourage landmark owners to assist in carrying out the provisions of this Code.

2.

Cooperate with the State of Wisconsin Historic Preservation Officer and the State Historic Preservation Review Board in attempting to include such properties designated as landmarks or landmark sites, or historic districts on the National Register of Historic Places.

3.

Work for the continuing education of the citizens about the historic heritage of the City of Greenfield and the landmarks and landmark sites.

4.

As it deems advisable, receive and solicit funds for landmarks preservation in the City. Such funds shall be placed in a special City account for such purposes.

A.

Landmark or landmark site designation. For the purposes of this Code, a landmark or landmark site 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 or cultural significance to the City of Greenfield, such as historic structures or sites which:

1.

Exemplify or reflect the broad cultural, political, economic or social history of the nation, state or community; or

2.

Are identified with historic personages or with important events in national, state or local history; or

3.

Embody the distinguishing characteristics of an architectural type specimen, inherently valuable for a study of a period, style, method of construction, or of indigenous materials or craftsmanship; or

4.

Are representative of the notable work of a master builder, designer or architect whose individual genius influenced his age.

B.

Historic Preservation Commission operating guidelines. The Historic Preservation Commission may adopt specific operating guidelines for landmark and landmark sites designation providing such are in conformance with the provisions of this paragraph.

A.

Designation of landmarks, landmark sites and historic districts. The Historic Preservation Commission may, after notice and public hearing, recommend to the Plan Commission establishment of landmarks, landmark sites and historic districts, after application of the criteria in Section 21.09.0405 of this Code. At least ten (10) days before such hearing, the Historic Preservation Commission shall notify the owners of property in whole or in part within four hundred (400) feet of the boundaries of the property affected. These owners shall have the right to confer with the Historic Preservation Commission before its recommendation to the Plan Commission on the designation. Notice of such hearing shall also be published as provided in Division 21.08.0200 and Section 21.09.0406(D) of this Code. The Historic Preservation Commission shall also notify the City Planner, Zoning Administrator, Engineering Department, Fire and Police Departments, City Building Inspector, and Plan Commission. Each such department shall respond to the Historic Preservation Commission within thirty (30) days of notification with its comments on the proposed designation or recision. The Historic Preservation Commission shall then conduct such public hearing and, in addition to the notified persons, may hear expert witnesses and shall have the power to subpoena such witnesses and records as it deems necessary. The Historic Preservation Commission may conduct an independent investigation into the proposed designation or recision. Within ten (10) days after the close of the public hearing, the Historic Preservation Commission may recommend designation of the property as wither a landmark, a landmark site, or its inclusion in an historic district to the Plan Commission, or recommend to the Plan Commission to rescind the designation. After the recommendation has been made, notification shall be sent to the property owner or owners. Notification shall also be given to the City Clerk, Building Inspector, Zoning Administrator, and the City Assessor. The Historic Preservation Commission shall cause the Plan Commission approved designation or rescission to be recorded, at City expense, in the Milwaukee County Register of Deeds office.

B.

Voluntary restrictive covenants. The owner of any landmark or landmark site may, anytime following such designation of his property, enter into a restrictive covenant on the subject property after negotiation with the Historic Preservation Commission. The Historic Preservation Commission may assist the owner in preparing such covenants in the interest of preserving the landmark or landmark site and the owner shall cause to be recorded such covenants in the Milwaukee County Register of Deeds office, and shall notify the City Assessor of such covenants and the conditions thereof.

C.

Creation of a historic district. For preservation purposes, the Historic Preservation Commission may recommend to the Plan Commission that certain geographically defined areas within the City of Greenfield be designated as historic districts under the provisions as outlined in this division of this Code. A historic district may be recommended by the Historic Preservation Commission for designation by the Plan Commission that meets those criteria set forth in Section 21.09.0405 of this Code. Each historic district recommended by the Historic Preservation Commission shall be supported by a Historic Preservation Plan for the district which plan shall include a cultural and architectural analysis supporting the historic significance of the area, specific guidelines for the development of the district and a statement of preservation objectives.

D.

Public hearing required. The Historic Preservation Commission shall hold a public hearing when considering the plan for a historic district. Notice of the time, place and purpose of such hearing shall be given pursuant to Section 21.09.0406(A) of this Code. Notice of time, place and purpose of the public hearing shall also be sent by the City Clerk to the alderman of the Aldermanic District or Districts in which the historic district is located, and the owners of record, as listed in the office of the City Assessor, who are owners of property situated in whole or in part within four hundred (400) feet of the boundaries of the proposed historic district. Said notice is to be sent at least ten (10) days before the date of the public hearing. Following the public hearing, the Historic Preservation Commission shall vote to recommend, reject or withhold action on the plan. This recommendation shall be forwarded to the Plan Commission.

A.

General. Every person in charge of any landmark, landmark site or improvement in a historic district shall maintain same or cause to permit it to be maintained in a condition consistent with the provision of this section. Insofar as they are applicable to a landmark, landmark site or improvement in a historic district, designated under this division of this Code, any provision of the Plumbing Code, the Minimum Housing and Property Maintenance Code, Building Code, Heating, Ventilating and Air Conditioning Code, may be varied or waived, on application, by the appropriate board having such jurisdiction over such code or ordinance or, lacking such board, by the Building Inspector, provided such variance or waiver does not endanger public health or safety.

B.

Government order. Nothing contained in this division of this Code shall prohibit the making of necessary construction, reconstruction, alteration or demolition of any improvement on a landmark site or in a historic district pursuant to order of any governmental agency or pursuant to any court judgment, for remedying emergency conditions determined to be dangerous to life, health or property. In such cases, no approval from the Historic Preservation Commission or Plan Commission shall be required.

The members of the Historic Preservation Commission shall receive such compensation as the Common Council shall from time to time designate.