(1)

Statement of Purpose.

This section describes how land development decisions and projects are approved and permitted in Madison. It describes how an application is submitted, who processes the application, the types of procedures that are followed, and what the approval allows the applicant to do.

(2)

Common Elements.

Many of the application requirements outlined in this section have the following common elements:

Table 28L-1. Common Elements of Zoning Applications.

(3)

Pre-Application Meeting.

Before an application is filed, the applicant is strongly encouraged to attend a pre-application meeting with Zoning and Planning staff. The purpose of the pre-application meeting is to discuss, in general, the procedures and requirements for an Application.

(4)

Completeness Review.

These procedures apply to any Application unless a different procedure is established for the Application elsewhere in this chapter.

(a)

No Application is complete unless all of the required information is included and all application fees have been paid. The Zoning Administrator may refuse to accept an incomplete application.

(b)

The Zoning Administrator will make current application materials available in the offices of the Department of Planning and Community and Economic Development.

(c)

The Zoning Administrator may establish a schedule for filing any Application that requires action by the Plan Commission, Zoning Board of Appeals, Urban Design Commission, or the Common Council. Completed applications shall be filed according to any posted schedule of the Zoning Administrator.

(5)

Notice.

The type of notice required for certain applications is established in Table 28L-2 below.

Table 28L-2. Notice Requirements.

(Am. by ORD-22-00105, 10-21-22)

(1)

Purpose.

This section allows the Common Council to amend the text of this Chapter or the zoning districts in order to promote public health, safety, and welfare throughout the City, giving due consideration to existing conditions, conservation of property values, building development providing best advantage to the City, the current use of property, and in the case of map amendments, the cost of providing municipal services to the property and uses accommodated by the map amendment.

In the case of map amendments to the floodplain zoning districts, the Common Council shall follow the requirements and procedures in Madison General Ordinance Chapter 21.

(Am. by ORD-14-00146, 9-12-14; Am. by ORD-25-00013, 3-20-25)

(2)

Applicability and Initiation.

(a)

The Common Council may amend this Chapter at any time as provided in this section.

(b)

There are two classes of amendments: text amendments and map amendments. These are defined below:

(c)

Text Amendments may be initiated by the Common Council and any alderperson.

(d)

Map Amendments may be initiated by the Common Council or an Eligible Applicant as specified in Table 28L-1.

(e)

Filing. The applicant shall file the application with the Zoning Administrator.

(3)

Completeness Review.

See Sec. 28.181(4).

(4)

Notice.

The following notice is required for any map amendment (See Sec. 28.181(5) above):

(a)

Pre-application. Failure to provide pre-application notice does not invalidate any action taken on the application by the Plan Commission or Common Council. The notice requirement may be waived, if approved by the Alderperson, and Director of Planning and Community and Economic Development.

(b)

Publication.

(c)

Mail. Notice of the required public hearing shall be sent at least ten (10) days before the date of the public hearing.

(d)

Signage.

(5)

Decision.

(a)

Recommendation by the City Plan Commission.

1.

The Plan Commission shall hold a public hearing on each application for an amendment. The procedures for conducting the hearing and recording the proceedings are prescribed in the "Basic Policy and Procedures Manual" adopted by the Plan Commission.

2.

After the public hearing, the City Plan Commission shall submit its recommendation to the Common Council prior to the Council's public hearing.

3.

The Plan Commission may recommend conditions that are consistent with the intent of this ordinance and will protect the public interest including consideration of overdue taxes and/or fees; the applicant's history of compliance with relevant ordinances and approvals, including but not limited to building and minimum housing code, and zoning code; and alcohol license provisions and approvals.

4.

The Plan Commission may recommend the following modifications:

a.

The adoption of a map amendment changing the zoning classification of the property in question to any classification in the same subchapter that is more restrictive than that proposed by the applicant as shown in the following table. This rule is not applicable for the Special Districts, Subchapter 28G.

Zoning Districts Listed in Order of Most Restrictive to Least Restrictive, by Subchapter

* Master Planned Districts

(Am. by ORD-14-00029, 2-18-14; Am. by ORD-21-00008, 2-10-21)

b.

That a proposed map amendment take effect within an area smaller than the area as originally proposed and which is entirely included within the originally proposed area.

5.

All map amendments that obstruct flow, or cause any increase in the regional flood height require flooding easements or other appropriate legal arrangement from all adversely affected property owners. (Am. by ORD-13-00086, 5-29-13; ORD-14-00146, 9-12-14)

(b)

Action by Common Council. The Common Council shall not act upon a text amendment or map amendment until it has received a recommendation from the City Plan Commission as provided above.

(c)

Repealed. (Am. by ORD-17-00053, 6-19-17; Rpld. by ORD-22-00054, 6-21-22)

(6)

Standards for Map Amendments or Text Amendments.

Text amendments or map amendments are legislative decisions of the Common Council that shall be based on public health, safety and welfare, shall be consistent with the Comprehensive Plan, and shall comply with Wisconsin and federal law.

(7)

Subsequent Applications.

An application for a map amendment that is denied by the Common Council cannot be resubmitted within one (1) year from the date of the denial, unless:

(a)

The Council specifically determines that the denial is without prejudice, or

(b)

The application is substantially different from the application that was denied.

(8)

Finalization of Approval.

A text amendment is codified by the City Attorney as provided in Sec. 3.07, MGO. A map amendment becomes part of the "Zoning District Maps" on file in the office of the Zoning Administrator.

(Am. by ORD-14-00146, 9-12-14; Am. by ORD-25-00013, 3-20-25)

(1)

Statement of Purpose.

This Chapter divides the City into districts where the design, use, bulk and location of buildings and structures are compatible. However, some uses, and in some cases, design, bulk, and building location, have unique characteristics, and therefore cannot be properly allowed as unrestricted permitted uses. The City requires consideration, in each case, of their impact on neighboring land or public facilities, and of the public need for the particular use at a particular location. These uses may be necessary or desirable in a particular district if sufficient consideration is given to their location, development and operation.

(2)

Applicability and Initiation.

This section applies to those uses that are enumerated as conditional uses in the zoning district regulations (Subchapters 28C through 28I).

Any Eligible Applicant (See Sec. 28.181(2)) may file an application for a conditional use permit with the Zoning Administrator.

(3)

Completeness Review.

See Sec. 28.181(4).

(4)

Notice.

A conditional use permit application requires the following type of notice (See Sec. 28.181(5)):

(a)

Preapplication. Failure to provide notice does not invalidate any action taken on the application by the Plan Commission or Common Council. The notice requirement may be waived, if approved by the Alderperson, and Director of Planning and Community and Economic Development.

(b)

Mail. Notice of the required public hearing shall be sent at least ten (10) days before the public hearing.

(c)

Publication.

(5)

Decision.

(a)

City Plan Commission.

1.

The Plan Commission shall hold a public hearing on each complete application. The hearing shall be conducted and recorded in accordance with the Plan Commission's Policies and Procedures Manual.

2.

The Plan Commission shall approve, approve with conditions, deny, or place on file any application for a conditional use.

3.

The Plan Commission shall render its decision within a reasonable time.

4.

The concurring vote of a majority of quorum of the Plan Commission is required to approve a conditional use.

5.

The decision of the Plan Commission shall include findings of fact. When a conditional use application is denied, the findings of fact shall list the standard(s) that have not been met and the reasons such standard(s) was not met.

6.

When reviewing a conditional use application that involves any new construction of a building or an addition to an existing building, the Plan Commission may require the applicant to submit plans to the Urban Design Commission for comments and recommendations. Alternatively, an applicant may choose to go to the Urban Design Commission for an advisory recommendation and comment prior to going to the Plan Commission if advised by the Plan Commission Secretary or District Alder. (Am. by ORD-22-00103, 10-21-22)

(b)

Appeal From Action by Plan Commission.

1.

The Plan Commission's decision is appealable to the Common Council.

2.

The appeal may be filed by:

a.

The applicant, or

b.

The Alderperson of the district in which the use is located, or

c.

Twenty percent (20%) or more of the property owners entitled to notice who object to the establishment of the conditional use. (Am. by ORD-12-00147, 12-5-12)

3.

The appeal shall specify the grounds with specific reference to the findings of the Plan Commission.

4.

The appeal shall be filed with the Secretary of the Plan Commission within ten (10) days of the final action of the Plan Commission.

5.

The Secretary of the Plan Commission or their designee shall transmit the appeal to the City Clerk, who shall file the appeal with the Common Council.

6.

The Common Council shall fix a reasonable time for hearing the appeal, and decide the appeal within a reasonable time.

7.

The Common Council shall give public notice and due notice to the parties in interest.

8.

The action of the Plan Commission shall be upheld unless it is reversed or modified by a favorable vote of two-thirds (⅔) of the members of the Common Council.

9.

Any person aggrieved by the decision of the Common Council or any alderperson, officer, department, board or bureau of the City, may, within thirty (30) days after the decision is published in the proceedings of the Common Council, commence an action seeking the remedy available by certiorari. (Am. by ORD-14-00165, 10-29-14)

(6)

Approval Standards.

(a)

The City Plan Commission shall not approve a conditional use without due consideration of the recommendations in the City of Madison Comprehensive Plan and any applicable, neighborhood, neighborhood development, or special area plan, including design guidelines adopted as supplements to these plans. No application for a conditional use shall be granted by the Plan Commission unless it finds that all of the following conditions are present:

1.

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

2.

The City is able to provide municipal services to the property where the conditional use is proposed, given due consideration of the cost of providing those services.

3.

The uses, values and enjoyment of other property in the neighborhood for purposes already established will not be substantially impaired or diminished in any foreseeable manner.

4.

The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.

5.

Adequate utilities, access roads, drainage, internal circulation improvements for pedestrians, bicyclists, public transit and vehicles, parking supply (in cases with minimum parking requirements) and other necessary site improvements have been or are being provided. (Am. by ORD-23-00013, 1-25-23)

6.

The conditional use conforms to all applicable regulations of the district in which it is located.

7.

When applying the above standards to an application by a community living arrangement, the Plan Commission shall:

a.

Bear in mind the City general intent to accommodate community living arrangements.

b.

Exercise care to avoid an over-concentration of community living arrangements, which could created an institutional setting and seriously strain the existing social structure of a community. Considerations relevant for this determination are the distance between the proposed facility and other such facilities, the capacity of the proposed facility and the percentage by which the facility will increase the population of the community, the total capacity of all community living arrangements in the community, the impact on the community of other community living arrangements, the success or failure of integration into communities of other such facilities operated by the individual or group seeking approval, and the ability of the community to meet the special needs, if any, of the applicant facility.

8.

When applying the above standards to any new construction of a building or an addition to an existing building the Plan Commission shall find that the project creates an environment of sustained aesthetic desirability compatible with the existing or intended character of the area and the statement of purpose for the zoning district. In order to find that this standard is met, the Plan Commission may require the applicant to submit plans to the Urban Design Commission for comment and recommendation. (Am. by ORD-14-00030, 2-18-14)

9.

When applying the above standards to an application for a reduction in off-street parking requirements, the Plan Commission shall consider and give decisive weight to all relevant facts, including but not limited to, the availability and accessibility of alternative parking; impact on adjacent residential neighborhoods; existing or potential shared parking arrangements; number of residential parking permits issued for the area; proximity to transit routes and/or bicycle paths and provision of bicycle racks; the proportion of the total parking required that is represented by the requested reduction; the proportion of the total parking required that is decreased by Sec. 28.141. The characteristics of the use, including hours of operation and peak parking demand times design and maintenance of off-street parking that will be provided; and whether the proposed use is now or a small addition to an existing use.

10.

When applying the above standards to telecommunication facilities, the Plan Commission shall consider the review of the application by a professional engineer required by Sec. 28.143.

11.

When applying the above standards to an application for height in excess of that allowed in the district, the Plan Commission shall consider recommendations in adopted plans; the impact on surrounding properties, including height, mass, orientation, shadows and view; architectural quality and amenities; the relationship of the proposed building(s) with adjoining streets, alleys, and public rights of ways; and the public interest in exceeding the district height limits.

12.

When applying the above standards to lakefront development under Sec. 28.138, the Plan Commission shall consider the height and bulk of principal buildings on the five (5) developed lots or three hundred (300) feet on either side of the lot with the proposed development.

13.

When applying the above standards to an application for height in excess of that allowed by Section 28.071(2)(a) Downtown Height Map for a development located within the Additional Height Areas identified in Section 28.071(2)(b), the Plan Commission shall consider the recommendations in adopted plans, and no application for excess height shall be granted by the Plan Commission unless it finds that all of the following conditions are present:

a.

The excess height is compatible with the existing or planned (if the recommendations in the Downtown Plan call for changes) character of the surrounding area, including but not limited to the scale, mass, rhythm, and setbacks of buildings and relationships to street frontages and public spaces.

b.

The excess height allows for a demonstrated higher quality building than could be achieved without the additional stories.

c.

The scale, massing and design of new buildings complement and positively contribute to the setting of any landmark buildings within or adjacent to the projects and create a pleasing visual relationship with them.

d.

For projects proposed in priority viewsheds and other views and vistas identified on the Views and Vistas Map in the City of Madison Downtown Plan, there are no negative impacts on the viewshed as demonstrated by viewshed studies prepared by the applicant.

14.

When applying the above standards to an application to redevelop a site that was occupied on January 1, 2013 by a building taller than the maximum building height allowed by Section 28.071(2)(a) Downtown Height Map, as provided by Section 28.071(2)(a)1., no application for excess height shall be granted by the Plan Commission unless it finds that all the following additional conditions are also present:

a.

The new building is entirely located on the same parcel as the building being replaced.

b.

The new building is not taller in stories or in feet than the building being replaced.

c.

The new building is not larger in total volume than the building being replaced.

d.

The new building is consistent with the design standards in Section 28.071(3) and meets all of the dimensional standards of the zoning district other than height.

e.

The Urban Design Commission shall review the proposed development and make a recommendation to the Plan Commission.

15.

When applying the above standards to an application for limited production and processing use, the Plan Commission shall consider the effect of such a use on the surrounding properties, including the effects of odors, noise, vibration, glare, hours of operation, and other potential side effects of a manufacturing process. (Cr. by ORD-15-00124, 11-11-15)

16.

When applying the above standards to an application for allowable projections into the capitol view height area, the Plan Commission shall only approve the projection if it determines the encroachment is the minimum necessary and does not significantly impact the long views of the State Capitol building. (Cr. by ORD-19-00090, 12-12-19)

(Am. by ORD-24-00001, 1-17-24)

(b)

Conditions.

1.

Before granting a conditional use, the Plan Commission may stipulate conditions and restrictions on the establishment, location, construction, maintenance and operation of the conditional use. In doing so, the Plan Commission may consider overdue taxes and/or fees and the applicant's history of compliance with relevant ordinances and approvals, including but not limited to, building and minimum housing code, zoning code and zoning approvals, and alcohol license provisions and approvals.

2.

The commission shall require evidence and guarantees of compliance with the conditions.

3.

For property in the Wetland Overlay District, the Plan Commission shall attach conditions that will further the purposes of the Wetland Overlay District.

a.

Such conditions may include but are not limited to: type of shore cover; erosion control measures; increased setbacks; specific sewage disposal and water supply facilities; wetland restoration; landscaping and planting screens; period of operation; operational control; sureties; deed restrictions; location of piers, docks, parking areas and signs; and type of construction.

b.

The Plan Commission may require additional information as needed to determine if the proposed use is consistent with the purposes of the Wetland Overlay District.

4.

For residential development allowed as a conditional use, the Plan Commission shall require dedication of land for park and recreation purposes or a fee in lieu of land dedication in accordance with the current standards for plat, land divisions and planned developments in Sec. 16.23(6)(f), MGO, and Park Impact Fees in Sec. 20.08, MGO. Credit shall be given for any prior dedication or fee paid under those sections. (Am by ORD-16-00073, 9-15-16)

(7)

Subsequent Applications.

No application for a conditional use that is denied wholly or in part by the Plan Commission (or, on appeal, by the Common Council) shall be resubmitted for a period of one (1) year from the date of the final decision, unless:

(a)

The decision expressly states that it is placed on file without prejudice, and

(b)

The applicant provides substantial new evidence or proof of a change of conditions that would support approval or conditional approval of the application.

(8)

Alterations.

No alteration of a conditional use shall be permitted unless approved by the Plan Commission provided, however, the Zoning Administrator following consideration by the alderperson of the district, may approve minor alterations or additions which are approved by the Director of Planning and Community and Economic Development and are compatible with the concept approved by the Plan Commission and the standards in sub. (6), above. If the alderperson of the district and the Director of Planning and Community and Economic Development do not agree that a request for minor alteration should be approved, then the request for minor alteration shall be decided by the Plan Commission after payment of the applicable minor alteration to a conditional use fee in Sec. 28.206, MGO. Telecommunications towers, Class 1 Collocations, Class 2 Collocations and Radio Broadcast Service Facilities shall be considered minor alterations under this section. Criteria for review are provided in Sections 28.143 and 28.148. See Wis. Stat §§ 66.0404(3)(a)1 and (4)(gm) and 66.0406 (2013). A conditional use alteration is not required for the installation of Solar Energy Systems. See Section 28.151 and Wis. Stat. §§ 62.23(7)(c) and 66.0401 (2018). (Am. by ORD-13-00189, 11-26-13; Am. by ORD-18-00054, 5-25-18; Am. by ORD-19-00063, 9-16-19)

(9)

Scope of Approval.

(a)

An order granting a conditional use is valid for three (3) years from the date of the approval. During this time, the applicant must either lawfully commence the use or obtain a building permit and begin erecting or altering the building. If the applicant obtains a valid building permit, construction must commence within six (6) months of the date of issuance. The building permit shall not be renewed unless construction has commenced and is being diligently prosecuted. (Am. by ORD-23-00005, 1-12-23; ORD-25-00069, 10-7-25)

(b)

Where the conditional use has expired, the Director of Planning and Community and Development may, after consultation with the Alderperson of the District, approve an extension for up to one (1) year from the expiration date. (Am. by ORD-23-00005, 1-12-23; Am. by ORD-25-00038, 6-27-25)

(c)

If the conditional use one (1) year extension has expired, an additional extension of up to one (1) year may be approved by the Director of Planning and Community and Development after consultation with the Alderperson of the district. If the Alderperson of the district and the Director of Planning and Community and Economic Development do not agree that the request should be approved, then the request shall be decided by the Plan Commission. (Cr. by ORD-25-00069, 10-7-25)

(d)

Dormant Conditional Use. A conditional use permit shall be deemed to authorize only one particular conditional use and shall expire if the conditional use shall cease for more than one (1) year for any reason. (Cr. by ORD-14-00133, 8-13-14; ORD-25-00069, 10-7-25)

(e)

Continuing Jurisdiction.

1.

The Plan Commission retains continuing jurisdiction over all conditional uses for the purpose of resolving complaints against all previously approved conditional uses. This authority is in addition to the Zoning Administrator's authority under Sec. 28.202.

2.

Any person, the Zoning Administrator, or other official may file a written complaint with the Plan Commission that one or more conditions of a conditional use permit have not been completed, or are being violated. (Am. by ORD-17-00030, 3-8-17)

3.

The Plan Commission shall initially determine whether the complaint indicates a reasonable probability that the subject conditional use is in violation of a condition of approval. If the Plan Commission determines there is a reasonable probability of a violation, it shall conduct a hearing after giving notice as provided in Subsection (4), above.

4.

The Plan Commission may, in order to bring the subject conditional use into compliance with the conditions previously imposed by the Plan Commission, modify the existing conditions and impose additional reasonable conditions. If no reasonable modification of the conditional use can be made that are consistent with the standards in Subsection (6), above, the Plan Commission may revoke the conditional use permit and direct the Zoning Administrator and the City Attorney to seek elimination of the subject use.

5.

An appeal from a decision of the Plan Commission under this paragraph may be taken to the Common Council as provided by Subsection (5)(b), above.

(Renum. by ORD-14-00133, 8-13-14)

(10)

Changes in Use.

(a)

On any zoning lot where a conditional use is established, any alteration, expansion or establishment of any other use(s), including permitted uses, except structures and buildings serving as synagogues, mosques, temples, churches, parish houses, rectories, and other places of worship, telecommunications towers, Class 1 Collocations, Class 2 Collocations and Radio Broadcast Service Facilities, shall be subject to conditional use approval. A conditional use alteration is not required for the installation of Solar Energy Systems. See Section 28.151 and Wis. Stat. §§ 62.23(7)(c) and 66.0401 (2018). (Am. by ORD-13-00189, 11-26-13; Am. by ORD-19-00063, 9-16-19)

(b)

However, within existing buildings, a change in use from one permitted use to another permitted use without any addition in square footage shall be exempted from this provision; provided that any exterior alterations to existing structures or the lot shall require approval as a conditional use.

(1)

Applicability and Initiation.

This section applies to any application to the Zoning Board of Appeals for a variance from the terms of this Chapter. In the case of variances to the floodplain, the Zoning Board of Appeals shall follow the variance review procedures and requirements in MGO Ch. 21.25(4). (Am. by ORD-25-00013, 3-20-25)

Any Eligible Applicant (See Sec. 28.181(2)) may file an application for a variance with the Zoning Administrator.

(2)

Completeness Review.

See Sec. 28.181(4).

(3)

Notice.

A variance application requires the following type of notice (see Sec. 28.181(5)):

(a)

Mail. Notice of the required public hearing shall be sent at least five (5) days before the public hearing

(b)

Publication.

(c)

In the case of variances to the wetland regulations, notice shall also be sent to the regional office of the Wisconsin Department of Natural Resources at least ten (10) days prior to the required hearing. (Am. by ORD-25-00013, 3-20-25)

(4)

Decision.

(a)

The Zoning Board of Appeals shall hold a public hearing on each application.

(b)

The Zoning Board of Appeals may approve, conditionally approve, or deny a variance after a public hearing. The Zoning Board of Appeals shall conduct the public hearing after it receives a complete application.

(c)

The concurring vote of a majority of quorum of the Zoning Board of Appeals is required to grant a variance.

(d)

The decision of the Zoning Board of Appeals shall include findings of fact.

(e)

The Zoning Board of Appeals may impose conditions on the use, development or activities subject to the variance. The Zoning Board of Appeals may require the conditions in order to comply with the standards in this section, to mitigate the effect of the variance on other property in the neighborhood, and to better carry out the general intent of this ordinance.

(f)

Reserved for Future Use. (Rpld. by ORD-25-00013, 3-20-25)

(5)

Approval Standards.

(a)

The Zoning Board of Appeals shall not grant a variance unless it finds that the following conditions are present:

1.

There are conditions unique to the property of the applicant that do not apply generally to other properties in the district.

2.

The variance is not contrary to the spirit, purpose, and intent of the regulations in the zoning district and is not contrary to the public interest.

3.

For a use variance, compliance with the strict letter of the ordinance will result in no reasonable use of the property.

4.

For an area variance, compliance with the strict letter of the ordinance would unreasonably prevent use of the property for a permitted purpose or would render compliance with the ordinance unnecessarily burdensome.

5.

The alleged difficulty or hardship is created by the terms of the ordinance rather than by a person who has a present interest in the property.

6.

The proposed variance shall not create substantial detriment to adjacent property.

7.

The proposed variance shall be compatible with the character of the immediate neighborhood.

(Am. by ORD-25-00013, 3-20-25)

(6)

Scope of Approval.

(a)

An order granting a variance is valid for two (2) years from the date of the order. During this time, the applicant must either lawfully commence the use or obtain a building permit and begin erecting or altering the building.

(b)

Where the plans have not been altered from those approved by the Zoning Board of Appeals, and the variance has expired, the Zoning Administrator may, after consulting with the Alderperson of the District, approve an extension up to one (1) year from the expiration date.

(Am. by ORD-23-00005, 1-12-23)

(Sec. 28.184 Am. by ORD-14-00146, 9-12-14)

(1)

Statement of Purpose. It is hereby declared as a matter of public policy that the careful consideration of requests to demolish principal buildings with historic value is a public necessity and required in the interest of the health, prosperity, safety, and welfare of the people. The City recognizes that historic resources are cultural and economic assets that tell the story of Madison, reflect diverse cultures and histories, can attract residents and visitors, create jobs, and stabilize and improve property values. It is further a matter of public policy that the City balances its general interest in preserving buildings with historic interest with its general interest to accommodate the growth of its population and built environment.

(2)

General. Demolitions of principal buildings are subject to the requirements of this section. No principal buildings shall be demolished without either administrative or Plan Commission approval.

(3)

Application. Any Eligible Applicant under MGO Sec. 28.181(2) may submit an application for a demolition approval for a principal building, as defined by MGO Sec. 28.211, to the Director of the Building Inspection Division. Thirty (30) days prior to the filing of an application for demolition, the applicant or their agent is required to notify a list of interested persons registered with the City. Application completeness is subject to MGO Sec. 28.181(4), and applications shall contain the following information:

(a)

A clear, detailed and completed statement and description of the building proposed for demolition and the reason for requesting the demolition.

(b)

If known to the applicant, the date the building proposed for demolition was constructed.

(c)

A description of the proposed method and timeline of the demolition.

(d)

A statement regarding whether the applicant is also seeking a Zoning Map amendment pursuant to MGO Sec. 28.182(10) or conditional use pursuant to MGO Sec. 28.183 in conjunction with the requested demolition.

(e)

If likely to be deemed to have historic interest, the proposed plan(s) to mitigate the adverse effects to Madison's cultural landscape (see (6)(d)i. below). If applicable, a description of the efforts that the applicant has taken or will take to relocate the building to another site rather than demolish it.

(f)

If proposed for relocation, information regarding the applicant's preliminary assessment that relocation is likely to be structurally and legally feasible.

(g)

Photos of the interior and exterior of each principal building to be demolished sufficient to indicate its character and condition.

(4)

Review for Historic Value. Applications for demolition of a principal building shall be reviewed by the Landmarks Commission, unless exempted under subsection 5(a) or (b) below. The Landmarks Commission shall provide input to the Building Inspection Division and Plan Commission regarding the historic value of the property with the building proposed for demolition, and assign a Category (A, B or C) to each application pursuant to MGO Sec. 41.28.

(a)

If the Landmarks Commission determines that the proposed demolition is a Category C demolition, the demolition may be approved administratively under sub. (5)(c) below.

(b)

If the Landmarks Commission determines that the proposed demolition is a Category A or B, then the Plan Commission shall consider the demolition under sub. (6).

(c)

Nothing in this subsection eliminates the requirement in MGO Secs. 41.09(1)(c) and 41.12(3) that the demolition of landmark structures or structures in historic districts must also be approved by the Landmarks Commission through the issuance of a Certificate of Approval.

(5)

Administrative Approval. Applications for the demolition of a principal building may be administratively approved by the Director of Building Inspection in any of the following circumstances:

(a)

The Director of the Building Inspection Division finds that the building proposed to be demolished is structurally unsound and an imminent danger to the public, subject to an appeal as provided in MGO Sec. 29.21. The applicant may support the request with the report of a licensed architect or engineer certifying and providing reasons that the building is structurally unsound.

(b)

The building proposed for demolition is identified for demolition in a Campus Institutional Master Plan that has been approved by the Common Council pursuant to MGO Sec. 28.097(6).

(c)

The Landmarks Commission has reviewed any other proposed demolition under MGO Sec. 41.28 and found that the demolition is a "Category C" Demolition.

(6)

Plan Commission Approval. The Plan Commission shall hold a public hearing on any demolition application that is not approved administratively under sec. (5) above.

(a)

Public Hearing Required. If the applicant for a demolition approval requests an amendment to the Zoning Map pursuant to MGO Sec. 28.182(10) or a conditional use approval pursuant to Sec. MGO 28.183, the demolition application may be considered at the same time the Plan Commission considers the amendment to the zoning map or conditional use. The public hearing for a demolition application shall meet the requirements of MGO Sec. 28.183(5)(a)1., except that a demolition application considered with a zoning map amendment shall also meet the public hearing requirements in MGO Sec. 28.182(4).

(b)

Submitted Materials. The Plan Commission shall receive and consider the complete application, the report from the City's Preservation Planner, and any report that may be submitted by the Landmarks Commission in connection with the Review for Historic Value as well as any materials submitted to the Landmarks Commission for their review under MGO Sec. 41.28.

(c)

Standards of Approval. The Plan Commission shall not approve an application for demolition unless it finds that both subs. (1) and (2) below are met:

1.

Demolition of the existing building(s) is consistent with or will aid in the implementation of adopted plans or with the purpose statement of this section. The Plan Commission may consider how demolition and redevelopment of the property relates to the implementation of the City's adopted plans.

2.

There are factors that are found to outweigh the public interest in preserving historic resources. Such a finding may include, but is not limited to:

i.

The building is found to be in such a deteriorated condition that it is not structurally or economically feasible to preserve or restore it.

ii.

If the building has historic value, the building has been so altered that it cannot convey its historical association or architectural significance.

iii.

There is a structural or fire hazard, unlawful use of the property, public nuisance, or other public health and safety concern that supports demolition as provided in reports from the Madison Fire Department, Police Department, and/or Building Inspection Division.

(d)

Conditions. Before granting a demolition approval, the Plan Commission may stipulate conditions and restrictions on the proposed demolition as deemed necessary to promote the public health, safety and general welfare of the community, and to secure compliance with the standards and requirements specified above.

i.

Conditions may include plans to mitigate the loss of the building to include but are not limited to relocation, salvage of historic materials, adaptive reuse of portions of existing structures, interpretive installations at the site, or other creative mitigation measures.

(e)

Decision. At the conclusion of the public hearing, the Plan Commission shall approve, approve with conditions, or deny a demolition.

(Am. by ORD-25-00044, 6-27-25)

(7)

Appeal of Plan Commission Decision.

(a)

The Plan Commission's decision to approve or deny a demolition may be appealed to the Common Council by:

1.

The applicant, or

2.

The Alderperson of the district in which the building proposed for demolition is located.

(b)

The appeal shall specify the grounds, with specific reference to the findings of the Plan Commission.

(c)

The appeal shall be filed with the Zoning Administrator within ten (10) days of the final action of the Plan Commission.

(d)

The Zoning Administrator shall transmit the appeal to the City Clerk, who shall file the appeal with the Common Council.

(e)

After receiving the appeal from the City Clerk, the Common Council shall introduce the appeal at one Common Council meeting and set the appeal for a public hearing at the next Common Council meeting. In addition to setting the appeal for a public hearing, the City shall also provide email notice to anyone whose name appears on the list of persons wishing to receive information about demolitions. The Common Council shall decide on the appeal within a reasonable period of time.

(f)

The action of the Plan Commission shall be upheld unless it is reversed or modified by a favorable vote of two-thirds (⅔) of the members of the Common Council.

(g)

If the applicant for a demolition has also filed a timely appeal of a conditional use permit pursuant to MGO Sec. 28.183, the two appeals shall be considered at the same Common Council meeting unless the applicant and the Office of the City Attorney agree to an alternate schedule.

(8)

Scope of Approval.

(a)

A demolition approved under sub. (5) or (6) is valid for two (2) years from the date of approval.

(b)

Where the plans have not been altered since approval of the demolition and the approval has expired, the Director of Planning and Community and Economic Development may, after consultation with the Alderperson of the District, approve an extension for up to one (1) year from the expiration date.

(9)

Subsequent Applications. Effective April 1, 2025, no application for a demolition approval that is denied wholly or in part by the Plan Commission (or, on appeal, by the Common Council) shall be resubmitted for a period of one (1) year from the date of the final decision, unless the decision expressly states that it is placed on file without prejudice.

(10)

Demolition by Fire. Demolition by fire is prohibited unless the burn is conducted by the Madison Fire Department (MFD) in conjunction with an MFD training event and limited to no more than three (3) demolitions by fire events per year. For any approval for demolition by fire, the applicant shall provide written notice of the date of the proposed demolition to the alderperson of the district where the demolition is proposed and to all owners and residents of properties within one thousand (1,000) feet of the boundaries of the property on which the demolition will occur. Such notice shall be provided at least five (5) days prior to the date of the proposed demolition.

(11)

Penalty. Any person who fails to obtain a demolition approval prior to demolition of a principal building shall, upon conviction thereof, be subject to a forfeiture of not less than one thousand dollars ($1,000) and not more than two thousand dollars ($2,000). Each day or portion thereof such violation continues shall be considered a separate offense.

(Rpld & Recr. by ORD-25-00010, 3-8-25)

(1)

Purpose.

Site plan review is designed to:

(a)

Promote development that is compatible with this Chapter, and

(b)

Ensure that development is consistent with adopted neighborhood plans and the Comprehensive Plan, and

(c)

Establish procedures for the review of uses, building types, or development situations that require site plan review where designated by this Chapter.

A site plan may be reviewed on its own or as part of another application (for example, a map amendment).

(2)

Applicability.

The following buildings and uses are subject to site plan review:

(a)

Any new principal or accessory building.

(b)

Site alterations, including but not limited to alterations of surface parking lots and landscaped areas. (Am. by ORD-24-00018, 3-20-24)

(c)

Exterior alterations to buildings.

(d)

Changes in use.

(e)

Alterations to approved site plans.

(3)

Decision.

The site and building plans shall be reviewed by the Zoning Administrator for conformity with this chapter. The Zoning Administrator shall transit a copy of submitted plans to appropriate City agencies for review and comment within their jurisdiction.

The Zoning Administrator shall approve, approve with conditions or deny a site plan. No public hearing is required. The applicant may appeal the Zoning Administrator's decision to the Zoning Board of Appeals. On appeal, the ZBA shall consider the administrative site plan at a public hearing.

(4)

Compliance.

(a)

For site and building plans approved before June 1, 2014, a property owner or operator is required to bring the property into compliance with all elements of the approved site and building plan by July 1, 2014.

(b)

For site and building plans approved after June 1, 2014, a property owner or operator is required to bring the property into compliance with all elements of the approved site plans by the date established by the Zoning Administrator as part of the site and building plan approval.

(Sec. 28.186(4) Cr. by ORD-14-00095, 5-14-14)