1. Applicability. No structure, except signs exempt from the provisions of this chapter, and no building shall be erected, constructed, reconstructed, altered, moved, or enlarged until a building permit has been obtained from the building inspector.
2. Application for building permit. Application for a building permit shall be made in writing upon a form furnished by the building inspector and shall include the following information:
   1. Name and address of the owner and the applicant.
   2. Legal description and statement as to the proposed use of the structure, building, or land.
   3. Site layout drawn to scale showing lot dimensions and the location and dimensions of all proposed buildings, open spaces, yards, parking, and loading areas.
   4. Methods to be used for screening, where applicable, design of parking areas and the number of spaces and the number, dimensions, location, and methods of illumination of signs.
   5. Other information, including existing buildings on the lot, current use of existing buildings or land, number of families or units the building is designed to accommodate, and such other matters as may be necessary to determine conformance with this chapter.
   6. For floodplains, the ordinary high watermark of any abutting or nearby watercourses, information concerning all private water supply systems and on-site sewage disposal systems, including the location and the ordinary high watermark of streams and lakes within 100 feet of a proposed sewage site, floodplain, and floodway limits on the property as determined from the official floodplain zoning map, the elevation of the lowest floor of proposed buildings and any fill using National Geodetic and Vertical Datum (NGVD) and data sufficient to determine the regional flood elevation and compliance with section 17.40(3).
3. Data requirements to analyze developments.
   1. The applicants shall, at their expense, provide all survey and computations required to show the effects of the project on flood heights, velocities, and floodplain storage for all subdivision proposals, as the term "subdivision" is defined in Wis. Stats. § 236.02(3), and other proposed developments exceeding five acres in area or where the estimated cost exceeds $125,000.00, the applicant shall provide:
      1. An analysis of the extent of the development on the regional flood profile, velocity of flow, and floodplain storage capacity.
      2. A map showing the location and details of vehicular access to lands outside the floodplain.
      3. A surface drainage plan with adequate details showing how flood damage will be minimized.
   2. The estimated cost of the proposal shall include all structural development, landscaping improvements, access and road development, electrical and plumbing, and similar items reasonably applied to the overall development costs, but shall not include land costs.
   3. The department will determine elevations and evaluate the proposal where the applicant is not required to provide computations as above and inadequate data exists. The city may transmit additional information, such as the data in section 17.40(4), where appropriate, to the department with the request for analysis.
4. Approval of permit. If the building inspector determines that the proposed building or structure will comply with the provisions of this chapter and all applicable laws and orders of the state, he shall officially approve and sign one set of plans and return it to the owner, and shall issue a building permit which shall be kept on display at the site of the proposed building.
5. Other permits. It is the responsibility of the applicant to secure any and all other necessary permits from all appropriate federal, state, and local agencies, including those required by the U.S. Army Corps of Engineers under section 404 of the Federal Water Pollution Control Act, amendments of 1972, 33 USC 1334.
6. Use as provided in application and plans. Building permits issued on the basis of plans and applications approved by the building inspector authorizes only the use, arrangement, and construction set forth in such approved plans and applications. Use, arrangement, and construction at variance with those authorized shall be deemed a violation of this chapter.
7. Prior permits. No building permit lawfully issued by the building inspector prior to the effective date of the ordinance from which this chapter is derived shall be invalidated by the adoption or amendment of this chapter. Such permit shall remain valid and subsisting subject only to its own terms.
8. Improper issuance. A permit which was improperly issued or not issued in accordance with the standards and procedures as set forth in this chapter shall not create any right in such permit and the city shall be entitled to revoke such permit.
9. Certificate of occupancy.
   1. Certificates of occupancy and compliance shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection, alteration, repair, or moving of such buildings has been completed in conformity with the provisions of this chapter and in conformity with the statements on the application. A record of all certificates issued shall be kept in the city clerk's office.
   2. No vacant land shall be occupied or used and no building erected or altered shall be occupied or used until a certificate of occupancy has been issued by the building inspector.
   3. A certificate of occupancy shall state that the building, or proposed use of a building or land, complies with all the building and health laws, ordinances, and the provisions of this chapter. A record of all certificates shall be kept on file in the city clerk's office, and copies shall be furnished, on request, to any person having a proprietary or tenancy interest in the building or land affected. No fee shall be charged for an original certificate applied in conjunction with the application for a building permit. For all other certificates or for copies of any original certificate, there shall be a charge of $1.00 each.
   4. No permit for excavation for any building shall be issued before application has been made of certificate of occupancy and compliance.
      1. For a building. Certificate of occupancy for a new building, or the alteration of an existing building, shall be applied for coincident with the application for a building permit and shall be issued within ten days after the erection or alteration of such building has been completed in conformity with the provisions of this chapter.
      2. For land. Certificate of occupancy for the use of vacant land or the change in the use of land provided in this section shall be applied for before any such land shall be occupied by the proposed new use. Such certificate shall be issued within ten days after the application has been made, provided such use is in conformity with the provisions of this chapter.
      3. For nonconforming use. Certificates of occupancy for nonconforming uses existing on October 22, 1985, shall be issued by the building inspector, and the certificate shall state that the use is a nonconforming use and does not conform with the provisions of this chapter. The building inspector shall notify all occupants of property being used as nonconforming uses, and such occupants shall, within 30 days after receipt of such notice, apply at the office of the building inspector for a certificate of occupancy.
      4. For floodplains. No certificate shall be issued unless a professional engineer or registered surveyor certifies that the fill and lowest floor elevations and floodproofing, if necessary, comply with the standards of this chapter.
10. Sign permit regulations.
    1. Permit required. Except as otherwise provided in this chapter, no person shall erect, construct, enlarge, or structurally modify any sign in the city or cause the same to be done without first obtaining a sign permit for such sign from the building inspector as required by this section. Permits shall not be required for a change of copy on any sign or for the repainting, cleaning, and other normal maintenance or repair of a sign or sign structure.
    2. Permit fees. Application for permit shall be filed with the building inspector, together with a permit fee for each sign. The fee for a permit, exclusive of any other required permit, shall be $10.00. Failure to apply for and obtain a required sign permit prior to the installation of a sign shall require the payment of a double permit fee.
    3. Permit issuance and denial. The building inspector shall issue a permit sticker for the erection, structural alteration, enlargement, or relocation of a sign within the city when the permit application is properly made, all appropriate fees have been paid and the sign complies with the appropriate ordinances of the city. When a permit is denied by the building inspector, he shall give a written notice to the applicant along with a brief written statement of the reasons for the denial.
    4. Inspection upon completion.
       1. Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the building inspector upon completion of the work. The building inspector may require a final inspection, including an electrical inspection and inspection of footings on detached signs.
       2. The building inspector may require in writing, upon issuance of a permit, that he be notified for inspection prior to the installation of certain signs.
    5. Sign permit appeal.
       1. Appeal from denial of permit may be taken to the zoning board of appeals under section 17.50. The building inspector shall comply with and enforce the decision of the zoning board of appeals.
       2. The failure of the building inspector to either formally grant or deny a sign permit within ten days of the date an application is filed shall be cause for appeal.
       3. In cases of extraordinary hardship to an appellant, the board may grant a limited variance from this section.
    6. Indemnification for sign installation and maintenance. All persons engaged in the business of installing or maintaining signs which involve, in whole or in part, the erection, alteration, relocation, maintenance of a sign or other sign work in, over, or immediately adjacent to a public right-of-way or public property so that a portion of the public right-of-way is used or encroached upon by the sign contractor shall agree to hold harmless and indemnify the city, its officers, agents, and employees from any and all claims resulting from the erection, alteration, relocation, maintenance of any sign, or any sign work insofar as this chapter has not specifically directed the placement of the sign.

(Code 2011, § 17.45)

The provisions of this chapter shall be administered and enforced by the building inspector. The building inspector shall:

1. Examine all applications for building permits and approve such permits only where there is compliance with the provisions of this chapter. Site plans and special exceptions shall be referred to the plan commission. Permits for a variance shall be referred to the board of appeals for action thereon and shall issue only upon order of the board of appeals.
2. Following refusal of a building permit, receive application for interpretation, appeals, and variances and refer such applications to the board of appeals.
3. Conduct inspections to determine compliance or noncompliance with the provisions of this chapter and to issue certificates of occupancy.
4. Issue stop, cease and desist orders, and orders requiring the correction of all conditions found to be in violation of the provisions of this chapter. Such written orders shall be served personally or by certified mail upon persons deemed by the building inspector to be in violation of the provisions of this chapter. No person shall violate any such order issued by the building inspector.
5. With the approval of the city council, or when directed by them, institute in the name of the city any appropriate action or proceedings to prevent violation of this chapter.
6. Revoke, by order, any building permit approved under a misstatement of fact or contrary to the law or provision of this chapter.
7. Maintain maps of all special exceptions and maintain a file on each.
8. Upon the request of the city council, mayor, plan commission, or board of appeals, present to such persons or bodies, facts, records, or reports which they may request to assist them in making decisions or assist them in any other way as requested.
9. Maintain maps showing the current zoning classification of all lands in the city. The building inspector shall also provide the city clerk with a current copy of the official zoning map for public inspection in the office of the city clerk.
10. Maintain maps of all nonconformities and maintain a file on each. The replacement value at the effective date of the ordinance from which this chapter is derived shall be recorded for each nonconforming use and structure, as required by section 17.11.
11. In floodplain districts, maintain a list of certified lowest floor and regional flood elevations for floodplain development and maintain records of water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures, including changes, appeals, variances, and amendments; and submit copies of the following items to the department district office:
    1. Within ten days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments.
    2. Copies of any case-by-case analysis and any other information required by the department, including an annual summary of the number and types of floodplain zoning actions taken.

(Code 2011, § 17.46)

1. General. A special exception is a use or structure that may not be appropriate generally or without restriction throughout a district but which, if controlled as to number, area, location, or relation to neighborhood would promote the public health, safety, welfare, comfort, convenience, or the general welfare. Such uses or structures may be permissible in a zoning district as a special exception if specific provision for such special exception is made in the district. A special exception shall not be issued for any other use or structure.
2. Procedure. All applications for a special exception shall be considered first by the city plan commission. The application should include material necessary to demonstrate that the grant of a special exception will be in harmony with the general intent and purpose of these zoning regulations, will not be injurious to the neighborhood or adjacent properties, or otherwise detrimental to the public welfare. Such material may include, but is not limited to, information required for a building permit under this chapter, findings required under subsection (4) of this section, site plans and special studies.
3. Public hearing. Upon the filing of an application for a special exception, the city plan commission shall notify the city council of such application and shall fix a reasonable time, not more than 60 days from the filing date, for a public hearing. A class 2 notice pursuant to Wis. Stats. ch. 985 shall be published in the official newspaper of the city specifying the date, time, and place of hearing and the matters to come before the city plan commission. Notice shall also be mailed to the parties of interest, as determined by the city plan commission.
4. Findings. Before any special exception shall be recommended for approval, the city plan commission shall make findings that the granting of a special exception will not adversely affect the public interest and certify that the specific requirements governing the individual special exception, if any, have been met by the applicant. No special exception shall be recommended for approval unless the plan commission shall find:
   1. That the establishment, maintenance, or operation of the special exception use or structure will not be detrimental or injurious to the use and enjoyment of adjacent properties or properties in the immediate vicinity.
   2. That the special exception is compatible with the adjacent existing uses and structures or uses and structures likely to develop which are permitted in the district.
   3. That adequate public facilities and services are available to the development.
   4. That adequate measures are taken to provide for drainage.
   5. That ingress and egress to the property is provided in such a manner as to minimize traffic hazards and congestion.
   6. That adequate parking and loading areas are provided.
5. Conditions and safeguards. In addition to the conditions and requirements specified in this chapter, the plan commission may recommend appropriate additional conditions and safeguards as deemed necessary to ensure the proposed use or structure will secure the objectives of this chapter and promote the public health, safety, comfort, convenience, and general welfare. Violation of such conditions and safeguards, when made part of the terms under which the special exception is granted, shall be deemed a violation of this chapter.
6. City plan commission recommendation.
   1. The city plan commission may recommend to the city council to approve, disapprove, or approve, subject to stipulated conditions and safeguards, a request for a special exception. If the city plan commission shall recommend disapproval of a special exception, it shall state fully in its record its reasons for doing so. Such reasons shall take into account the factors stated in subsection (4) of this section, or such of them as may be applicable to the action of disapproval and the particular regulations relating to the special exception requested, if any. The report and recommendations of the city plan commission shall be advisory only and shall not be binding on the city council.
   2. The city council shall act on the city plan commission recommendation at its next regularly scheduled meeting that is not less than 15 days from the date of the recommendation is submitted to the city council. No public notice and hearing is required for the city council action on the recommendation and request but the matter shall be handled in a public session as part of a previously prepared agenda. All matters relating to city council consideration of a request for a special exception and city plan commission recommendation shall be a public record and require formal action of the city council.
7. Fees. Any application for a special exception shall be accompanied by a fee of $25.00 to compensate the city for publication of notices and other expenses. No action shall be taken until such fee has been paid.

(Code 2011, § 17.47)

1. Findings. The city council hereby finds that an economically strong commercial core serving as the focus of commercial and cultural activity of the city will promote the general welfare; that to establish and maintain an economically strong commercial core it is necessary for physical development to be highly concentrated, coordinated, and aesthetically attractive and distinctive; and that dissimilar, uncoordinated, or otherwise inappropriate physical development will adversely affect the economy, have a detrimental effect on property values, discourage private investment, adversely affect public investments and cause the loss of distinctive and unique characteristics of the area.
2. Applicability. No structure, except signs exempt from the provisions of this chapter, and no building shall be erected, constructed, reconstructed, moved, enlarged, or exterior architectural feature altered in the commercial core district until a certificate of appropriateness has been obtained from the redevelopment authority. A certificate of appropriateness shall be in addition to, not in lieu of, a building permit. A certificate of appropriateness shall not be required for interior alterations or design features not subject to any public view or ordinary repairs and maintenance to the exterior of any structure or building where the purpose of such work is to correct any decay or damage and to restore, as nearly as practicable, its prior condition.
3. Application. Application for a certificate of appropriateness shall be made in writing upon a form furnished by the building inspector. Applications shall include the following information: statement of ownership and control of the property affected; a statement describing in detail the character and extent of improvements contemplated; site layout drawn to scale showing the location orientation and dimensions of buildings and structures; front elevations and architectural definitions of buildings and structures by sketches, drawings, photographs, or other information showing the proposed exterior alterations, additions, changes, or new construction as reasonably required by the redevelopment authority to make a decision. The building inspector shall transmit the application for a certificate of appropriateness to the redevelopment authority for their determination.
4. Findings. Before granting a certificate of appropriateness, the redevelopment authority shall find that to the maximum extent practicable:
   1. The historic or cultural significance of buildings or structures affected is maintained or enhanced.
   2. The architectural style, value and significance, and general design arrangement, texture, material, and color of the architectural features of buildings and structures are visually and functionally coordinated with other buildings and structures in the area.
   3. Principal entrances are visually and functionally related and coordinated with other buildings and pedestrian ways.
   4. Activity nodes, such as plazas and arcades, are created, retained, and coordinated.
   5. Building facades and other appurtenances, such as fences, walls, and landscaping, are coordinated to form cohesive walls of enclosure along streets or other public ways and, further, that no such fences or walls shall be permitted to contain any barbs or sharp points.
   6. The scale, orientation, and directional expression of buildings and structures are visually and functionally coordinated with other buildings and structures in the area.
   7. Views are protected, created, or enhanced.
5. Procedures. After the building inspector transmits the application for a certificate of appropriateness, together with the supporting information and material, to the redevelopment authority, the redevelopment authority shall act upon the application within 30 days of the filing thereof. Failure of the redevelopment authority to act within 30 days shall be deemed to be approval of the application and a certificate of appropriateness shall be issued. Nothing in this section shall prohibit an extension of time where mutual agreement has been made and the redevelopment authority may advise the applicant and make recommendations in regard to the application. If the redevelopment authority approves the application, a certificate of appropriateness shall be issued. If the redevelopment authority disapproves the application, a certificate of appropriateness shall not be issued and the redevelopment authority shall give written notice of its findings.
6. Appeals of redevelopment authority decisions. Any applicant or person aggrieved by a final decision of the redevelopment authority shall have the right to appeal and be heard before the city council, provided that a written appeal is filed with the city clerk within 30 days of the redevelopment authority's decision. The city clerk shall notify the mayor and schedule a public hearing before the city council not less than 30 days after the filing with the city clerk. A class 2 notice, pursuant to Wis. Stats. ch. 985, shall be published in the official newspaper of the city specifying the date, time, and place of the hearing and the matters to come before the city council. A concurring vote of at least two-thirds of the city council present at the proceedings shall be necessary to reverse a final decision of the redevelopment authority.

(Code 2011, § 17.48)

1. Establishment of board. In order that the objectives of this chapter may be more fully and equitably achieved, and a means for interpretation provided, there is established a board of appeals (hereinafter referred to as "the board") for the city. (See also section 1.38.)
2. Procedures, meetings, records, and decisions.
   1. Procedures. The board shall be governed by the provisions of Wis. Stats. § 62.23(7), this chapter, and rules and procedures adopted by the board and approved by the city council. No rule or procedure shall be changed without the affirmative vote of four members of the board and the concurrence of the city council.
   2. Meetings. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. The chairperson or, in his absence, the acting chairperson, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public.
   3. Records and decisions. The board shall keep minutes of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed immediately as public records. All actions or decisions shall be taken by resolution in which four members, present during the proceedings, shall concur. Each resolution or decision shall contain a statement of the grounds forming the basis of such resolution or decision. The chairperson shall notify the mayor, city council, and plan commission of all resolutions and decisions. The district office of the department shall be notified of all decisions affecting floodplains.
      
3. Powers and duties.
   1. Appeals.
      1. Powers. The board shall have the power to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by the building inspector in the enforcement of this chapter. The board may reverse or affirm wholly or in part or may modify any order, requirement, decision, or determination appealed from, and may make such order, requirement, decision, or determination as ought to be made and to that end shall have all the powers of the building inspector and may issue or direct the issue of a permit.
      2. Procedures. Appeals to the board may be taken by any person aggrieved or by any officer, department, board, or bureau of the city affected by any decision of the building inspector without 30 days of the decision involved by filing with the building inspector and with the board of appeals a notice of appeal specifying the grounds thereof. The building inspector shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. The board shall fix a reasonable time for a hearing on the appeal and give public notice thereof as well as due notice to parties in interest, and shall decide the same within a reasonable time. In floodplain districts, the board shall review all data constituting the basis for the appeal of permit denial. For appeals concerning increases in regional flood elevation, the board shall uphold the denial where the board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and any appropriate legal arrangements are made with all adversely affected property owners. The appeal shall be granted where the board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater than 0.01 foot, provided that no other reason for denial exists.
      3. Preliminary review. The secretary of the board shall, as promptly as possible, inform the board concerning the appeal, and the board may either discuss the matter with the applicant if the applicant desires or proceed directly to order public notice of a hearing. If the applicant elects to withdraw the appeal any time before final determination is made by the board, this fact shall be noted on the application, with the signature of the applicant attesting withdrawal. Copies of the withdrawn application shall be returned to the secretary for the files of the board, to the building inspector, and to the applicant. If the appeal is not withdrawn, the board may request the applicant to provide such additional information as may be needed to determine the case and shall instruct the secretary to proceed with public notice of a hearing on the case.
      4. Amendments. Amendment of an appeal by the applicant may be permitted at any time prior to or during the public hearing, provided that no such amendment shall be such as to make the case different from its description in the notice of public hearing. If the amendment is requested by the applicant after public notice of the hearing has been given, and such amendment is at variance with the information set forth in the public notice, the applicant shall pay an additional fee to cover the cost of amending the public notice. If the amended notice can be published within the time frame specified for the public hearing, the hearing on the amended appeal may be held on that date, otherwise the chairperson shall announce that the hearing originally scheduled on the case will be deferred to a future meeting, before which appropriate public notice will be given and will state the reasons for the deferral.
   2. Variances.
      1. Power. The board shall have the power to grant a variance by varying the strict application of any requirement of this chapter where the strict application of such requirements would result in practical difficulty and unnecessary hardship depriving the owner of reasonable use of land or buildings.
      2. Requirements for a variance. In general, the power to authorize a variance from the requirements of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances. No variance shall be granted for actions which require an amendment to this chapter. Variances shall only be granted when the board finds that:
         1. The variance is not contrary to the public interest and that such a variance will be in general harmony with the purposes and intent of this chapter.
         2. The variance will not permit the establishment of a use which is not permitted in the district.
         3. The hardship is due to the adoption of the floodplain ordinance or special conditions and circumstances which are not applicable to other lands, structures, or buildings in the same district.
         4. The literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district.
         5. The hardship is not shared generally by other land or buildings in the area.
         6. The hardship results from the strict application of this chapter and is not the result of self-created or self-imposed circumstances.
         7. A variance shall not be granted solely on the basis of economic gain or loss.
         8. In floodplain districts, the variance shall not permit a lower degree of flood protection in the floodplain than the flood protection elevation.
   3. Interpretations. The board shall have the power to hear and decide applications for interpretations of the zoning regulations and boundaries of the zoning districts after the plan commission has made a review and recommendation.
4. Procedures for floodplain boundary disputes. The following procedure shall be used by the board of appeals in hearing disputes concerning the district boundaries shown on the official floodplain zoning map:
   1. Where a floodplain district boundary is established by approximate or detailed floodplain studies pursuant to section 17.07, the regional flood elevations shall be the governing factor in locating the district boundary. If no regional flood elevations or profiles are available to the board, other available evidence may be examined.
   2. In all cases, the person contesting the location of the district boundary shall be given a reasonable opportunity to present arguments and technical evidence to the board of appeals. Where it is determined that the district boundary is incorrectly mapped, the board should either inform the plan commission to proceed to petition the city council or inform the person contesting the location of the boundary line to petition the city council for a map amendment pursuant to section 17.51.
5. Public hearings.
   1. Time period. Upon filing with the board an application for an appeal or variance, the board shall fix a reasonable time, not more than 60 days from the filing date, for a public hearing.
   2. Notice of hearing. A class 2 notice pursuant to Wis. Stats. ch. 985 shall be published in the official newspaper of the city specifying the date, time, and place of the hearing and matters to come before the board. Notices shall also be mailed to the parties at interest, as determined by the board.
   3. Notification. Within ten days of the filing date of an application, and prior to fixing a date for the public hearing, the secretary of the board shall transmit a copy of such application and all accompanying information to the city council.
6. Appeal of board decisions. Any person, or any board, taxpayer, department, or bureau of the city aggrieved by any decision of the board of appeals, may appeal such decision to a court of record in accordance with Wis. Stats. § 62.23(7).
7. Fees. New applications for an appeal or variance shall be accompanied by a fee of $100.00 to compensate the city for publication of notice and other expenses. No action shall be taken until such fee has been paid.

(Code 2011, § 17.50)

1. Power of amendment. The city council may from time to time, on its own motion or petition, amend, supplement, or change this chapter, including the official zoning map.
2. Procedures. The city council shall refer every proposed amendment to the city plan commission for a report and recommendation. If the city council does not receive a report and recommendation from the city plan commission within 60 days of submitting the proposed amendment, the city council may proceed with the necessary hearing.
3. Public hearing and notice. No amendment of this chapter shall become effective until a public hearing is held before the city council where parties in interest and citizens shall have the opportunity to be heard. A class 2 notice in accordance with Wis. Stats. Ch. 985 shall be published in the official newspaper of the city once during each of the two weeks prior to such hearing. At least ten days before the public hearing, a written notice of such hearing shall also be given to the clerk of any city whose boundaries are within 1,000 feet of any lands included in the proposed amendment. Failure to give such notice shall not invalidate such amendment.
4. Final approval.
   1. An amendment shall become effective upon a majority vote of the members of the city council voting on the proposed change
   2. No amendment concerning the floodway, flood fringe, or general floodplain districts, shall become effective until also being approved by the department of natural resources, the Federal Insurance Administration and, in the case of district boundary amendments, until an official letter of the boundary change has been issued by the Federal Insurance Administration.
5. Amendments to floodplain districts.
   1. Actions requiring amendment. Actions which require amendment include, but are not limited to, the following:
      1. Any change to the official floodplain zoning map, including the floodway lines or boundary of the floodplain area.
      2. Correction of significant discrepancies between the water surface profiles and floodplain zoning maps.
      3. Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain.
      4. Any fill or encroachment into the floodplain that will cause a change equal to or greater than 0.01 foot in the height of the regional flood.
      5. Any upgrading of floodplain zoning ordinances required by Wis. Admin. Code§ NR 116.05(4), or otherwise required by law.
   2. Referral and approval. Copies of the proposed amendment and notice of public hearing shall be submitted to the appropriate district office of the department. No amendment to the floodplain maps or text shall become effective until reviewed and approved by the department. When considering amendments to the official zoning map in areas where no water surface profile exists, the city shall consider data submitted by the department, on­ site inspections, and other available information.
   3. Flood easements. All persons petitioning for a map amendment which involves an increase in the height of the regional flood of 0.01 foot or more shall obtain flooding easements or other appropriate legal arrangements from all affected local units of government and property owners before the city may approve such amendment.
6. Fees. Any petition for an amendment shall be accompanied by a fee as set by the City Council by resolution from time to time, to compensate the city for publication of notices and other expenses. No action shall be taken until such fee has been paid.
7. Annexation to city. All new territory annexed to the city shall automatically become residential single-family district until definite boundaries and regulations for such territory are recommended by the plan commission and adopted by the council.

(Code 2011, § 17.51)

1. Intent. This section is intended to establish landscaping requirements that promote compatible development; stabilized property values; foster the attractiveness and functional utility of the community as a place to live and work; preserve the character and quality of the built and natural environment by maintaining the integrity of those areas which have a discernible character; protect certain public and private investments in the area; and raise the level of community expectations for the quality of its environment.
   1. The following definitions shall apply to this section:
      1. Shrub: a woody perennial plant which produces several basal shoots at or near the ground.
      2. Tree: a tall woody perennial plant with a single trunk or stem at or near the base. 
2. Landscape Plan Requirements.
   1. Landscape Plan Submittals. A landscape plan (to scale) must be submitted. It shall include details of all proposed landscaping, buffering, and screening, including the estimated costs. The landscape plan shall show the location and dimensions of all existing and proposed structures, parking, drives, rights-of-way, and any other permanent features, and the following landscape information:
      1. A plant list and a coverage chart showing the location, quantity, size (at time of planting), spacing, and common names of all landscape materials used.
   2. Applicability. No structure and no building shall be erected, constructed, reconstructed, moved, enlarged, or more than 50 percent of façade is altered until a landscape plan is approved by the Director of Community Development, or designee. 
   3. Application. Landscaping is required in Commercial, Industrial, Institutional and Multi-family Uses. The area or length of each, as required in this Ordinance, shall be measured to determine the amount of landscaping required.
      1. In any case where plantings are placed within an easement, an Application shall be required and submitted to the Community Development Department for review and approval.
3. Landscaping Maintenance.
   1. All landscaping shall be maintained and in good order. Dead plantings shall be removed and replaced within 30 days. In cases where plantings can’t be established in 30 days, an appropriate timeline shall be approved by the Community Development department designee.
4. Commercial, Institutional and Multifamily Use Landscaping.
   1. At least one canopy tree, not less than 1.5-inch caliper shall be provided for every 75 linear feet within the front yard setback adjacent to the street. Points of ingress and egress shall not be included in this calculation.
   2. For every five (5) linear feet of building street frontage one (1) shrub shall be placed on the site. Every five (5) square feet of landscaped area that includes decorative grasses and/or flowers can be substituted for one (1) shrub.
5. Industrial Use Landscaping.
   1. At least one canopy tree, not less than 1.5-inch caliper shall be provided for every 100 linear feet of street frontage. 50 percent of the trees must be planted within the front yard setback adjacent to the street. Point of ingress and egress shall not be included in this calculation.
6. Commercial Core District Landscaping.
   1. At least 1 planting shall be provided for every 75 linear feet within the front yard setback adjacent to the street. Planting can be any of the following:
      1. Trees, shrubs, five square feet of landscaped area that includes decorative grasses or flowers, or decorative planter approved by the Community Development department designee.
      2. A minimum of two plantings shall be provided per site regardless of linear frontage.
      3. Plantings adjacent to the site within public right of way, maintained by the building owner or designee, may count towards the requirement of this section, upon approval by the Planning and Public Works Department.
7. Mechanical Equipment and Dumpster Screening.
   1. No dumpster or ground mounted mechanical equipment shall not be in the front yard setback. 
   2. All dumpsters shall be 100% screened on three sides with a fence, vegetation, or combination of the two; the fourth side being a gated entrance. 
   3. All effort shall be made to screen private ground mounted mechanical equipment from public right of ways. This excludes public utilities. 
   4. An eight-foot (8’) clearance must be maintained in front of all public utilities. 
8. ELandscaped buffer. The use of properly planted and maintained buffer areas may reduce and ease potential incompatibility between and among different uses of land in proximity to each other. All commercial, institutional, industrial, and multi-family uses, adjacent to single or two-family residential uses, shall include a buffer yard on all sides that immediately abutt the single or two-family residential use. 
   1. Landscape Buffer Requirements. Where these regulations require a landscaped buffer area, the following requirements shall be met:
      1. The landscaped buffer area shall not be less than eight feet in width measured at right angles to property lines and shall be established along the entire length of and contiguous to the designated property line.
      2. The area shall be so designed, planted, and maintained as to be 75 percent or more opaque between two feet and six feet above average ground level when viewed horizontally.
      3. Types and numbers of plantings for landscaped buffers shall be submitted with application for a building permit or special exception, along with plans and statements demonstrating how the buffer will be maintained in the future.
      4. Plantings shall be of a size and type which will ensure the meeting of the 75 percent opacity requirement within no longer than 12 months of the date of the first planting.
      5. Failure to maintain the landscaped buffer area as set out above shall be a violation of this chapter.
   2. Substitution for landscaped buffer area. Except when otherwise specifically provided by this chapter, a six feet high opaque structure set in a six feet wide landscaped buffer area may be substituted for the six feet high planted buffer above. If such opaque structure is of nonliving material, for each ten feet thereof, an average of one shrub or vine shall be planted abutting such barrier but need not be spaced ten feet apart. Such shrubs or vines shall be planted along the outside of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be landscaped with grass, ground cover, or other landscaping.
   3. Sight distance. When an accessway intersects a public right-of-way, all landscaping or structures shall provide unobstructed cross-visibility at a level between 2 1/2 feet and six feet within the areas of property on both sides of the accessway formed by the intersection of each side of the accessway and public right-of-way lines with two sides of each triangle being ten feet in length from the point of intersection and the third side being a line connecting the ends of the two other sides. No structure of landscaping, except required grass or ground cover, shall be located closer than three feet from the edge of any accessway pavement.
      
Editor's note(s)-Pursuant to Section 25.08, remove all reference to Section 17.32 (10) and replace with 17.52 within the zoning ordinances.

1. Purpose. Section 17.53- Façade Standards are intended to maintain aesthetic appeal and cohesive image for the buildings within each district throughout the City of Kaukauna. 
2. Facade Plan Submittal. When new construction or an addition is proposed within a commercial, industrial, institutional, or multifamily district, facade elevations shall be submitted to and approved by the City of Kaukauna Plan Commission along with other applicable plan submittals. 
   1. The Façade Plan shall be to scale and provide details for existing and proposed façade materials. 
   2. Glazed surfaces shall not be included in any calculation of façade materials.
   3. Masonry shall includebrick, stone, brick veneer, stone veneer, or other material similar in nature approved by the Plan Commission. Materials made of vinyl or other synthetic materials that seek to mimic masonry, shall not count towards this requirement.
   4. The façade requirements in this section shall apply to all buildings on the site. 
3. Façade Standards. The following standards shall apply:
   1. Commercial Highway District, Business District, Institutional District and Multi-family District zones.
      1. In no instance shall exterior corrugated metal, standing seam metal panels, or the like, be used for any portion of the façade, except as provided in Section 17.53 (3)(a)(iii).
      2. Facades shall have a minimum of 10% masonry on sides that face a public street.
      3. In instances where standing seam metal panels are used as decorative accents but not the primary façade material, the Plan Commission may approve an exception to the façade plan and allow up to 10% of the entire façade of the building to be standing seam metal panels, or the like. 
   2. Commercial Core District. The following standards shall apply to uses within the Commercial Core District and help to promote a historic and attractive district:
      1. In no instance shall exterior corrugated metal, standing seam metal panels, or the like, be used for any portion of the façade.
      2. Facades shall have a minimum of 25% masonry on sides that face a public street.
      3. All façade alterations, excluding basic maintenance, painting, or in-kind replacement, require a Certificate of Appropriateness from the Redevelopment Authority City of Kaukauna.
         

If any building or structure is, or is proposed to be, erected, constructed, reconstructed, altered, converted, or maintained, or any building, structure, or land is or is proposed to be used in violation of this chapter, the appropriate authorities of the city, or any adjacent or neighboring property owners who would be damaged by such violation may, in addition to other remedies, institute appropriate action or proceedings to prevent, restrain, correct, or abate such violation; to prevent the occupancy of such building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises.

(Code 2011, § 17.55)

Any person who violates any provision of this chapter, or any order, rule, or regulation made under this chapter, shall be subject to a penalty as provided in section 25.04. In floodplain districts, violators shall be subject to penalties as provided in Wis. Stats. § 87.30. Whenever a person shall have been notified in writing by the building inspector or code enforcement officer that he is in violation of the provisions of this chapter, such person shall commence correction of all violations within seven days after notice and shall correct all violations within 30 days after notice. If corrections are not commenced within seven days of written notice, each day that a violation continues shall be considered a separate offense.

(Code 2011, § 17.56)