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

Authorize variances. To authorize upon appeal in specific cases such variance from the terms of this chapter as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the provisions of this chapter will results in practical difficulty or unnecessary hardship, so that the spirit of the chapter shall be observed, public safety and welfare secured, and substantial justice done.

Extend districts. To permit the extension of a district where the boundary line of a district divides a lot held in single ownership at the time of passage of this chapter.

Interpret ordinances. Interpret the provisions of this chapter in such a way as to carry out the intent and purpose of this chapter as shown on the Official Zoning Map where the actual street layout on the ground varies from the street layout on the aforesaid map.

Vary height and area regulations. To vary height and area regulations where this is an exceptional or unusual physical condition of the lot, which condition is not generally prevalent in the neighborhood and which condition when related to the height and area regulations of this chapter would present a reasonable or sensible arrangement of structures on the lot.

Vary parking regulations. To vary the parking regulations where an applicant demonstrates conclusively that the specific use of a structure would make unnecessary the parking spaces required by this chapter.

Submittal of a complete application, including fee payment and appropriate supplemental information.

Review by appropriate City staff and/or officials.

Action by appropriate City officials or staff to approve, conditionally approve, or deny the request.

The public meeting shall be held at a time and location that an average member of the public can reasonably attend, as determined by the Building/Zoning Inspector.

The Building/Zoning Inspector shall be notified of and invited to the public meeting in order to assist the applicant and public on the topic.

The public meeting shall be noticed in a manner consistent with City requirements.

Meeting minutes and attendance shall be recorded. The meeting invitation list, meeting minutes, attendance records, documents distributed at the meeting, and presentation materials shall be provided to the City.

The public meeting shall be held prior to review and action by the Plan Commission.

Alternative to a public meeting. Instead of a public meeting, notification by mail introducing and informing property owners within 100 feet of the subject property of the proposal may substitute for a public meeting, if deemed appropriate by the Building/Zoning Inspector.

An application by any member of the general public.

A recommendation by the Plan Commission to the City Council.

Action of the City Council.

A recommendation by City staff.

The section(s) of the current provisions of this chapter which are proposed to be amended.

The text which is proposed to replace the current text.

As an optional requirement, the applicant may provide written justification for the proposed text amendment, consisting of the reasons why the applicant believes the proposed text amendment is in harmony with the Comprehensive Plan.

Any further information needed to facilitate appropriate review and generation of a report to the Plan Commission and City Council.

The Building/Zoning Inspector shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Building/Zoning Inspector shall notify the applicant and the application will not be forwarded.

The Building/Zoning Inspector and City Engineer shall review the complete application and evaluate whether the proposed amendment:

Within 60 days of the public hearing, the Plan Commission shall make its recommendations regarding the application. Said recommendation may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(2), above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

If the Plan Commission fails to make a recommendation within 60 days of the public hearing, the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said recommendation from the Plan Commission shall not invalidate the proceedings or actions of the City Council. If a public hearing is necessary, the City Council shall provide notice per the requirements of § 300-10.21.

The City Council shall consider the recommendation of the Plan Commission regarding the proposed amendment. The City Council may request further information and/or additional reports from the Plan Commission, Building/Zoning Inspector, the applicant, and/or any other entity as it sees fit.

The City Council may refer the matter back to the Plan Commission. In such cases, the City Council shall specify the issue(s) to be addressed in further detail.

The City Council may take final action (by ordinance) on the application at the time of its initial meeting, or may continue the proceedings by its own decision or the applicant’s request. The City Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment.

If the City Council wishes to make significant changes in the proposed text amendment, as recommended by the Plan Commission, the procedure set forth in § 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to City Council action. Any action to amend the provisions of proposed amendment requires a majority vote of the City Council.

An application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property.

A recommendation of the Plan Commission or City Council.

Action of the City Council.

A recommendation by City staff.

A map of the subject property to scale depicting:

Legal description of the property.

Written justification for the proposed Official Zoning Map amendment, including evidence that the application is consistent with the Comprehensive Plan.

Any further information needed by the Plan Commission to facilitate the making of a comprehensive report to the Plan Commission and City Council.

The Building/Zoning Inspector shall determine whether the application is complete. If the application is determined to be incomplete, the Building/Zoning Inspector, shall notify the applicant and the application will not be forwarded.

The Building/Zoning Inspector, shall review the complete application and evaluate whether the proposed amendment:

The Building/Zoning Inspector, shall prepare a written report addressing Subsection D(2), above, and forward said report to the Plan Commission for the Commission’s review and use in making its recommendation to the City Council. If the Building/Zoning Inspector, determines that the proposal may be in conflict with the provisions of this chapter or the Comprehensive Plan, the Building/Zoning Inspector, shall note this determination in the report.

If proposed development is expected to have significant impact on other properties, the Building/Zoning Inspector, may require a public meeting.

Where a public meeting is required, within 90 days of filing of a complete application, the applicant shall hold a public meeting to introduce and inform property owners within 100 feet of the subject property of the proposal to solicit comments and address concerns. The City can supply a list of property owners to the applicant upon request.

Within 60 days of the public hearing, the Plan Commission may make a written report to the City Council and/or may state in the minutes its recommendations regarding the application. Said report and/or minutes may include a formal finding of facts developed and approved by the Plan Commission concerning the requirements of Subsection D(2), above, and whether the public benefits outweigh any and all potential adverse impacts of the proposed amendment.

If the Plan Commission fails to make a report within 60 days after the filing of a complete application, the City Council may hold a public hearing within 30 days after the expiration of said sixty-day period. Failure to receive said written report from the Plan Commission shall not invalidate the proceedings or actions of the City Council. If a public hearing is necessary, the City Council shall provide notice per the requirements of § 300-10.21.

The City Council shall consider the recommendation of the Plan Commission regarding the proposed amendment. The City Council may request further information and/or additional reports from the Plan Commission, Building/Zoning Inspector, the applicant, and/or any other entity as it sees fit.

The City Council may approve the amendment as originally proposed, may approve the proposed amendment with modifications, or may deny approval of the proposed amendment.

If the City Council wishes to make significant changes in the proposed amendment to the Official Zoning Map, the procedure set forth in § 62.23(7)(d) of the Wisconsin Statutes shall be followed prior to City Council action. Any action to amend the Official Zoning Map requires a majority vote of the City Council, except that in case of adverse recommendation by the Plan Commission or of a protest against such change signed and acknowledged by the owners of 20% of the frontage proposed to be changed or the frontage immediately in the rear thereof or directly opposite thereto, such amendment shall not be passed, except by a 3/4 vote of all members of the City Council. The City Council’s approval of the requested amendment shall be considered the approval of a unique request, and shall not be construed as precedent for any other proposed amendment.

A map of the subject property to scale depicting:

Written description of the proposed conditional use including the type of activities, buildings, structures, and off-street parking proposed for the subject property and their general locations, as well as the number of employees and the hours of operation.

A site plan of the subject property if proposed for development conforming to all requirements of § 300-10.43.

Written justification for the proposed conditional use demonstrating evidence that the application conforms to the findings described in Subsection H, is consistent with the Comprehensive Plan, and meets any additional standards required in the applicable zoning district.

Anticipated daily traffic, types and weights of vehicles, and any provisions, intersection or road improvements or other measures proposed to accommodate increased traffic. A Traffic Impact Analysis (TIA) meeting Wisconsin Department of Transportation requirements for content and format may be required by the City if deemed necessary by the City Engineer.

Compliance with stormwater and erosion control standards.

Anticipated noise, odors, dust, soot, runoff, pollution, exterior storage, vibration, glare, or lighting, and measures taken to mitigate impacts to neighboring properties. Refer to Article VI for all performance standards.

A listing of hazardous, toxic, or explosive materials stored on site, and any spill containment, safety, or pollution prevention measures taken.

Written description of how the proposed conditional use and all requirements established by the City relating to the conditional use are or shall be satisfied.

The Building/Zoning Inspector shall determine whether the application is complete. If the application is determined to be incomplete, the Building/Zoning Inspector shall notify the applicant.

The Building/Zoning Inspector may coordinate review with other City Departments.

The Building/Zoning Inspector shall review the complete application and evaluate the proposed conditional use against the findings listed in Subsection H, below.

The Building/Zoning Inspector shall prepare a written report addressing the items under Subsection H, below, to be forwarded to the Plan Commission for the Commission’s review. If the Building/Zoning Inspector determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Building/Zoning Inspector shall note this determination in the report.

Statements of personal preferences or speculation not based on substantial evidence must be disregarded by the Plan Commission. See Subsection G(2)(b). “'Substantial evidence' means facts and information, other than merely personal preferences or speculation, directly pertaining to the requirements and conditions an applicant must meet to obtain a conditional use permit and that reasonable persons would accept in support of a conclusion.” (Italic font will be used to highlight substantial evidence when it is used in the context of this section.)

Standards for testimony during a public hearing. All public hearing standards and procedures shall be followed in accordance with Subsection V below. During the Plan Commission hearing, due process for all interested parties must be provided and all witnesses providing testimony during said hearing must first be formally sworn in by the Plan Commission Chair.

Information and expertise.

Final action on conditional use permits.

Is in harmony with the Comprehensive Plan.

Would result in a substantial or undue adverse impact on nearby property, the character of the neighborhood, environmental factors, traffic factors, parking, public improvements, public property or rights-of-way, or other matters affecting the public health, safety, or general welfare.

Maintains the desired consistency of land uses, land use intensities, and land use impacts as related to the environs of the subject property.

The conditional use is located in an area that will be adequately served by, and will not impose an undue burden on, any of the improvements, facilities, utilities or services provided by public or private agencies serving the subject property.

The potential public benefits outweigh any potential adverse impacts of the proposed conditional use, after taking into consideration the applicant’s proposal and any requirements recommended by the applicant to ameliorate such impacts.

Any conditions required for specific uses listed under Article III.

The physical development and operation of the conditional use must conform, in all respects, to the approved site plan, operational plan and phasing plan.

All vehicles and equipment must access the site only at approved locations identified in the site plan and operations plan.

If the County Highway, Public Works Department or City Engineer determine that road intersection improvements are necessary to safely accommodate the conditional use, the cost of such improvements shall be borne by the landowner. Costs borne by the landowner shall be proportional to the incremental increase in traffic associated with the proposed conditional use.

The Building/Zoning Inspector or designee may enter the premises of the operation in order to inspect those premises and to ascertain compliance with these conditions or to investigate an alleged violation. Zoning staff conducting inspections or investigations will comply with any applicable workplace safety rules or standards for the site.

The owner must post, in a prominent public place and in a form approved by the Building/Zoning Inspector, a placard with the approved conditional use permit number, the nature of the operation, name and contact information for the operator, and contact information for the City.

Other conditions. In addition to the conditions listed above, the Plan Commission may, at their discretion, impose any other conditions as necessary to meet the findings above:

A ruling by the Plan Commission finding a particular land use to be conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for the period of time for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling 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 365 consecutive days or more.

If the Plan Commission wishes to approve significant changes to the proposed conditional use, then the procedure set forth in Wis. Stats. § 62.23(7)(d) shall be followed prior to Plan Commission action.

Initiation of request for appeal. Proceedings for an appeal to the Board of Zoning Appeals of a Plan Commission denial of a conditional use permit, modification of a conditional use permit, or conditions added to a conditional use permit may be initiated by any person or by any officer, department, or board of the City affected by said Plan Commission decision.

Enforcement actions. All enforcement actions related to the subject property shall be held in abeyance upon appeal action of the Board of Zoning Appeals.

Time limit for filing an appeal. Any appeal to the Board of Zoning Appeals under the provisions of this section shall be made per the requirements of Subsection L(4), below, within a period not exceeding 45 days from the date of issuance of Plan Commission’s decision regarding the conditional use permit. Failure to initiate this appeal procedure within this forty-five-day period shall constitute a final and binding waiver of the right to appeal the Plan Commission’s decision.

Application requirements. An application for an appeal of a Plan Commission decision shall contain the following (digital files should be submitted whenever possible):

Review by the Building/Zoning Inspector.

Review and action by the Board of Zoning Appeals.

Effects of denial. No application for an appeal which has been denied (either wholly or in part) shall be resubmitted for a period of 365 days from the date of said order of denial, except on grounds of new evidence or material change of circumstances.

Limited effect on a favorable ruling on an appeal.

Upon approval, the applicant must demonstrate that the proposed conditional use meets all general and specific conditional use requirements in the site plan required for initiation of development activity on the subject property per § 300-10.42. Once a conditional use is granted, no erosion control permit, site plan, certificate of occupancy, or building permit shall be issued for any development which does not comply with all requirements of this Title.

Any conditional use found not to be in compliance with the terms of this shall be considered in violation of this Title and shall be subject to all applicable procedures and penalties. A conditional use may be revoked for such a violation by majority vote of the Plan Commission, following the procedures outlined in Subsections D through I, above. The City shall provide the property owner with appropriate served notice to consider revocation. City staff shall provide written findings of fact in relation to the factors listed in Subsection H.

Unless extended as a condition of approval, the start of construction of any and all conditional uses shall be initiated within 365 days of their approval by the Plan Commission and shall be operational within 730 days of said approval. For the purposes of this section, “operational” shall be defined as the granting of a certificate of occupancy for the conditional use.

Failure to initiate development within this period shall automatically constitute a revocation of the conditional use.

Prior to such a revocation, the applicant may request an extension of this period. Said request shall require formal approval by the Building/Zoning Inspector and shall be based upon a showing of acceptable justification, as determined by the Plan Commission. However, as a condition of approval, the 365-day and/or 730-day time limits may be extended for any specific period to accommodate phased or multi-stage development.

Modification, alteration, or expansion of any conditional use without approval per the process in this subsection shall be considered in violation of this Title and shall be grounds for revocation of said conditional use approval per Subsection M, above.

A particular aspect of the specific land use.

A particular aspect of the proposed operation (including, but not limited to, operating hours).

A particular aspect of the proposed location.

A particular aspect of the proposed site design.

A particular aspect of the adjacent property or of the surrounding environs.

Any other reason(s) the Plan Commission deems specifically relevant and material.

Definition. A successor conditional use is a land use which has been granted a conditional use permit by the City, which is proposed to undergo one or more of the following changes:

Purpose. The purpose of these provisions is to create a process that:

Proposed expansions are not eligible. Any physical enlargement of a previously approved conditional use in terms of buildings, structures, activity areas, and/or any expansion of the conditions of operation beyond the limits of site plans, floor plans and conditions of operation (i.e., peak traffic) approved through the conditional use process shall not be eligible for treatment as a successor conditional use and must seek an amendment to its conditional use permit through the conditional use process.

Chairman. The chair of the Commission shall preside over the public hearing and may impose reasonable limitations on evidence or testimony, including but not limited to, reasonable time limits. The Commission shall not be bound by strict rules of evidence. However, any evidence not deemed sustainable evidence as defined in Subsection F(1), shall not be admissible. The City may appoint a hearing officer to assist the chair or to rule on evidentiary matters.

Any party participating during a public hearing must be sworn in under oath by the Plan Commission Chairman. This includes the party’s name and address.

Public hearing procedure:

A map of the subject property to scale depicting:

A written description of the proposed temporary use describing the type of activities, buildings, and structures proposed for the subject property and their general locations.

A site plan of the subject property. Said site plan shall conform to any and all the requirements of § 300-10.43.

Additional information as may be required by the Building/Zoning Inspector.

The establishment of a new use of a structure or land.

A change in type of use of a structure or land.

A material increase in the intensity of use of land, such as an increase in the number of businesses, manufacturing establishments, offices or dwelling units in a structure or on land.

Commencement of mining or excavation on a parcel of land.

Deposit of refuse, solid or liquid waste, junk, or fill on a parcel of land.

Alteration of a shore, bank, or floodplain of a stream, lake, pond, or artificial body of water.

Name and address of the applicant, owner of the site, architect, engineer, and contractor.

Description of the subject site by lot, block, and recorded subdivision or by metes and bounds.

Address of the subject site.

Type of existing and proposed structure(s).

Existing and proposed operation or use of the structure or site.

Number of employees.

Zoning district within which the subject site lies.

Additional information as may be required by the City Engineer or Building/Zoning Inspector.

Application for a certificate of occupancy. Application for a certificate of occupancy shall be made coincident with the application for a zoning permit. The application shall state the intended use of the land or building.

Issuance. A certificate of occupancy shall be granted within 10 days after notification by the owner of completion of buildings or structural alterations indicated in the land use permit, in accordance with the plans submitted with the permit application and applicable provisions of this chapter and the health and building laws and ordinances.

No fees shall be charged for a certificate of occupancy.

Establishment of grades. Every building hereafter erected, structurally altered, or relocated shall be at a grade demonstrated by the applicant to be in satisfactory relationship with the established grades, or with the existing street grades where none are established, with particular consideration for proper drainage and safe vehicular access.

Preservation of topography. In order to protect the property owner from possible damage due to change in the existing grade of adjoining lands, and to aid in preserving and protecting the natural beauty and character of the landscape, no change in the existing topography of any land shall be made which would:

In no case shall any slope exceed the normal angle of slippage of the material involved, and all slopes shall be protected against erosion.

Unsuitable land. No land shall be used for structures erected where the land is held by the Common Council to be unsuitable for such use or structure by reason of flooding, concentrated runoff, inadequate drainage, adverse soil or rock formation, unfavorable topography, low percolation rate or bearing strength, erosion susceptibility or any other feature likely to be harmful to the health, safety, prosperity, aesthetics and general welfare of the community. The Plan Commission, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for certain uses. The applicant shall have an opportunity to present evidence contesting such unsuitability if he so desires. Thereafter, the Plan Commission may affirm, modify or withdraw its determination of unsuitability.

Lot regulations.

Private sewer and water. In any district where public sewerage service is not available, the width and area of all lots shall be sufficient to permit the use of an on-site sewage disposal system designed in accordance with Ch. COMM 83, Wis. Adm. Code. In any district where public water or sewerage service is not available, the lot width and area shall be determined in accordance with Ch. COMM 83, Wis. Adm. Code, but one-family dwellings shall be not less than 100 feet or 20 acres, respectively.

Residential accessory buildings, decks, and landscape features that do not affect site drainage patterns.

Fences.

Uses within a specific implementation plan in a planned development in accordance with the procedures of § 300-10.45, provided that the specific implementation plan provides a similar level of detail and range of plans as a typical site plan submittal required under this chapter.

Written description of the intended project describing in reasonable detail the following:

A location map showing the subject property and illustrating its relationship to the nearest street intersection.

Predevelopment site information. A map to scale shall depict the following information:

Proposed post-development site information. A map to scale shall depict the following information:

Detailed landscaping plan. If required, a landscape plan depicting the location, type, and size at time of planting and maturity of all landscaping features as required in § 300-8.20.

Grading and erosion control plan. Scaled drawing depicting existing and proposed grades, including retention walls and related devices, and erosion control measures. Written erosion control plan indicating pre-site disturbance elements, maintenance and inspection timing of same during construction, provisions for temporary stabilization during construction and final stabilization plan. See § 232-12 for all requirements.

Elevation drawings. Elevation drawings shall be to scale and shall include the following information:

Photometric plan. The photometric plan shall be to scale and shall include the following information:

Operational plan.

The Building/Zoning Inspector and City Engineer shall determine whether the site plan application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the City Engineer shall notify the applicant.

The City Engineer shall coordinate review of completed applications with City Departments over a maximum three-week period. At the end of three weeks, the City Engineer will confer with the Building/Zoning Inspector and either place the item on the next Planning Commission agenda or notify the applicant of deficiencies to correct before resubmittal.

The following adjustments may be approved administratively by City staff and no additional process is necessary:

The following adjustments that alter the required components of the approved site plan require a full site plan review process:

If a new site plan is required, and the site plan is a required component of a conditional use permit or a specific implementation plan, an amended (in essence, a new) conditional use permit or specific implementation plan is required.

If the proposed development involves adding one or more land use categories which are not permitted by right in the zoning district or under the list of permitted by right uses in a conditional use permit or general development plan, a new conditional use permit or general development plan is required.

Renovation review. Applications which involve only a renovation of the exterior appearance of a property (such as repainting, re-roofing, residing or replacing with identical colors, finishes, and materials), as determined by the Building/Zoning Inspector, are considered a renovation review and may proceed with the project; no additional processes are required other than a building permit.

Design alteration review. Applications which involve a change only in the exterior appearance of a nonresidential or multifamily property (such as painting, roofing, siding, architectural component substitution, fencing, paving, or signage), are considered design alteration review and are subject to review and approval by the Building/Zoning Inspector.

Project review. Applications which involve modification to the physical configuration of a property (such as the erection of a new building, the demolition of an existing building, or the addition or removal of bulk to an existing building) are subject to project review by the Building/Zoning Inspector, and the Plan Commission. The Building/Zoning Inspector shall serve as the liaison between the applicant and the Plan Commission in facilitating the thorough and expedient review of an application and shall ensure that the technical and procedural requirements of the Zoning Ordinance are met. The Plan Commission shall serve as the final discretionary review body on aesthetics, building design, and site design, and shall focus its review on the application’s compliance with sound aesthetic, land use, site design and economic revitalization practices. In part, this effort shall be guided by the Comprehensive Plan and other area plans.

The Building/Zoning Inspector and City Engineer are hereby authorized to make recommendations for, or require modifications to, a proposed application for renovation review, design alteration review, or project review.

The Plan Commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for design alteration review and project review.

The Historic Preservation Commission is hereby authorized to make recommendations for, or require modifications to, a proposed application for design alteration review and project review for locally-recognized landmarks, properties that contribute to a local, state, or national historic district, or properties that are individually listed on the local, state, or national register of historic places.

An application by the owner(s) of the subject property or authorized agent of the owner(s) of the subject property,

A recommendation of the Plan Commission to the City Council; or

By action of the City Council.

An application of the owner(s) of the subject property or authorized agent of the owner(s) of the subject property.

A recommendation of the Plan Commission to the City Council.

By action of the City Council.

By request of the Building/Zoning Inspector.

Clear indication of the text of this chapter for which the interpretation is requested and the specific questions the applicant has regarding said text.

If the requested interpretation relates to the application of this chapter to a specific property, the additional following information may be required (digital files should be submitted whenever possible):

If the requested interpretation relates to the classification or treatment of a particular land use under the provisions of this chapter, a series of written responses to the following questions:

The Building/Zoning Inspector shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Building/Zoning Inspector, shall notify the applicant.

The Building/Zoning Inspector shall review the application and evaluate and comment on the written justification for the proposed interpretation provided in the application to determine whether the requested variance is in harmony with the City’s Comprehensive Plan. The Building/Zoning Inspector may confer with other City staff, City consultants, or other experts as necessary to evaluate the application and proposed interpretation.

The Building/Zoning Inspector shall forward a report to the applicant indicating the interpretation of the Building/Zoning Inspector. If the Building/Zoning Inspector, determines that the proposal may be in conflict with the provisions of the Comprehensive Plan, the Building/Zoning Inspector, shall note this determination in the report.

Articulate certain public purpose(s) underlying the standard(s) for which an interpretation is required. (Rationale: Before any zoning interpretation is made, there must be an explicit discussion of certain purpose(s) for which the regulation was initially imposed. Each zoning regulation is intended to protect the interests of both present and future neighbors and the general public. Each standard is developed as a regulatory response to an identifiable potential negative impact. A sound interpretation of any standard cannot be ensured without careful analysis of the regulation and the end toward which it is directed. It is understood that there may be other public purposes underlying the interpretation which are not explicitly articulated.)

Articulate the actual impact of various proposed interpretations, permitting flexibility in design and prohibiting any interpretation that lowers the protection afforded to the public. There is a critical distinction between an interpretation which provides a greater degree of design freedom to achieve a permitted land use, and an interpretation which permits a new or not previously permitted use, or which allows a use to be enlarged, or have its intensity increased beyond the degree specified in the chapter. Design freedom is to be encouraged while a lowering of the standards of this chapter is to be prohibited.

Determine whether the proposed interpretation will ensure a just balance between the rights of the landowner and all others who will be affected by that person’s land use proposal. If an interpretation would merely allow a design solution that is slightly different from the one expressly stated or permitted, and if it would result in a same or greater degree of protection to any affected party (i.e., the abutting landowners, the public at large, and/or a future property owner or renter), such an interpretation may be appropriately made. Any interpretation which would result in any identifiable loss of protection for one group to the benefit of others is contrary to the spirit of this chapter. Similarly, any interpretation which would either increase the nuisance potential of any use or alter the purpose for which the regulation was adopted shall be considered counter to the legislative intent of this chapter. Any interpretation which will result in any reduction of a normally required bufferyard or increase in intensity beyond that already permitted shall only be made if the party interpreting this chapter has the power to impose additional restrictions or requirements.

This chapter has been carefully designed by the City Council to combine maximum achievement of public goals, and the protection of abutting property owners while providing flexibility for property owners to use their land for a variety of uses consistent with the goals and objectives of the Comprehensive Plan. Great care has been taken to balance the rights of competing groups while achieving maximum protection with flexibility and a range of use options. Persons interpreting this chapter should not substitute their own judgments for the legislative acts of the City Council.

In addition to the applicant’s response to the questions required by Subsection E(1) through (4), above, the following standards shall govern the decision on the requested interpretation on land use interpretation matters:

No interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the interpretation, unless a building permit is issued and development has begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and a use commenced within that period.

An interpretation finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the interpretation was issued. The interpretation shall not be deemed to authorize any allegedly similar use for which a separate interpretation has not been issued. A favorable interpretation 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 365 consecutive days or more.

Area variances. For an area variance, that strict compliance with a zoning ordinance would unreasonably prevent the property owner from using the property owner’s property for a permitted purpose, or that strict compliance would render conformity with the zoning ordinance unnecessarily burdensome, including the following:

Use variance. For a use variance, that strict compliance with a zoning ordinance would leave the property owner with no reasonable use of the property in absence of a variance.

A map of the subject property depicting:

A site plan of the subject property as proposed for development. Said site plan shall conform to the requirements of § 300-10.43.

Written description of the proposed variance, including evidence that the application is consistent with the Comprehensive Plan.

The Building/Zoning Inspector shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Building/Zoning Inspector, shall notify the applicant.

The Building/Zoning Inspector, shall review the application and prepare a written report including the following:

Within 60 days after the holding of the public hearing, the Board of Zoning Appeals shall make its findings per the following based on Wis. Stats. § 62.23(7)(e)7:

The Board of Zoning Appeals may request further information and/or additional reports from the Building/Zoning Inspector, and/or the applicant. The Board of Zoning Appeals may take final action on said request for approval of the requested variance at time of its initial meeting, or said proceedings may be continued from time-to-time for further consideration.

If the Board of Zoning Appeals fails to make a determination within 60 days after said public hearing, then the request for the variance shall be considered denied.

A copy of pertinent items in the file on the matter at hand as identified by the Building/Zoning Inspector and/or the applicant.

A written statement from the applicant indicating the reasons why an appeal is justified. This statement shall be dated and signed by the applicant.

The Building/Zoning Inspector shall determine whether the application is complete and fulfills the requirements of this chapter. If the application is determined to be incomplete, the Building/Zoning Inspector, shall notify the applicant.

The Building/Zoning Inspector shall review the application and evaluate and comment on the written justification for the requested appeal to the Board of Zoning Appeals as submitted by the applicant. The Building/Zoning Inspector shall also evaluate the application to determine whether the requested is in harmony with the Comprehensive Plan or other relevant plans.

The Building/Zoning Inspector shall forward a report to the Board of Zoning Appeals for review and action. If the Building/Zoning Inspector determines that the proposal may be in conflict with the provisions this chapter or the Comprehensive Plan or other relevant plans, the Building/Zoning Inspector shall note this determination in the report.

Within 60 days after the filing of the complete application, the Board of Zoning Appeals shall make its findings. The Board of Zoning Appeals may request further information and/or additional reports from the Building/Zoning Inspector and/or the applicant. The Board of Zoning Appeals may take final action on the application for appeal at the time of its initial meeting, or may continue the proceedings at applicant’s request. Said final action shall be followed by a written report or minutes which shall include a formal finding of facts developed and approved by the Board of Zoning Appeals concerning the request.

If the Board of Zoning Appeals fails to make a determination within 60 days after the filing of said complete application, then the request for the appeal shall be considered denied.

No ruling by the Board of Zoning Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be valid for a period of more than 365 days from the date of issuance of the ruling on the appeal, unless a building permit is issued and development is actually begun within that period, and is thereafter diligently pursued to completion, or a certificate of occupancy is obtained and development commenced within that period.

A ruling by the Board of Zoning Appeals on an appeal finding a particular land use to be permitted or conditionally permitted in a specified zoning district shall be deemed to authorize only that particular use at that particular location for which the ruling was issued. The ruling shall not be deemed to authorize any allegedly similar use for which a separate ruling has not been issued. A favorable ruling 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 365 consecutive days or more.

The Building/Zoning Inspector shall give written notice to the person or persons responsible for the alleged violations. The notice shall describe the particulars of the alleged violation and the reasons why the Building/Zoning Inspector believes there is a violation in fact, and shall require an answer or correction of the alleged violation to the satisfaction of the Building/Zoning Inspector.

The notice shall state that failure to reply or to correct the alleged violation to the satisfaction of the Building/Zoning Inspector within the time limit set constitutes admission of violation of the terms of this chapter. The notice shall further state that upon request of those to whom it is directed, technical determination as described in this chapter will be made, and that if violations as alleged are found, costs of such determinations shall be charged against those responsible for the violation, in addition to such other penalties as may be appropriate, but that if it is determined that no violation exists, the cost of the determination will be paid by the City.

Following the identification of the violation, the Building/Zoning Inspector shall notify the property owner.

If no actions are taken by the property owner within 30 days following the notice in above, the Building/Zoning Inspector shall formally notify the property owner with a certified letter.

If no actions are taken by the property owner within 30 days following the certified letter notice in Subsection A(2) above, the City Attorney or Police Department shall formally notify the property owner with a certified letter.

If no actions are taken by the property owner within 10 days following the notice in Subsection A(3) above, the Police Department shall issue a citation to the property owner.

If no actions are taken by the property owner within 10 days following the citation issued in Subsection A(4) above, the Police Department shall issue an additional citation to the property owner.

If no actions are taken by the property owner within 10 days following the citation issued in Subsection A(5) above, the City will perform the remediation of the violation within seven days of the expiration of the ten-day citation deadline, at the expense of property owner.